29.4.2010   

EN

Official Journal of the European Union

L 107/24

(1)

In accordance with Article 9(1)(d) of Directive 2008/57/EC, on 27 August 2009 France submitted a request for partial derogation from Commission Decision 2006/66/EC (2) (TSI noise) and from Commission Decision 2006/861/EC (3) (TSI freight wagons), for wagons type NA and AFA of LOHR company.

(2)

The request for derogation concerns freight wagons used to transport road trucks over rail which are manufactured according to a design that existed before the entry into force of both TSIs.

(3)

In accordance with Article 15 of Regulation (EC) No 881/2004 of the European Parliament and of the Council (4), the European Railway Agency provided its technical opinion on the request for partial derogation on 24 November 2009.

(4)

The opinion indicates that the provisions of six sections of TSI freight wagons describing draw gear, lifting and jacking, equipment attachment, kinematic gauge, vehicle dynamic behaviour and parking brake (respectively in sections 4.2.2.1.2.2, 4.2.2.3.2.4, 4.2.2.3.2.5, 4.2.3.1, 4.2.3.4 and 4.2.4.1.2.8) cannot be applied to the wagons concerned due to their construction constraints implied by specialised kind of transported commodity. Regarding TSI noise, the wagons in question have to use, in combination with composite brake blocks, also louder cast iron blocks in order to achieve required braking performances. Therefore until more silent technology is in place the limits for pass-by noise (section 4.2.1.1 of the TSI) cannot be met.

(5)

The overall economical impact of application of the two TSIs, and more specifically of sections 4.2.3.1 and 4.2.3.4 of TSI freight wagons, to the wagons type NA and AFA of LOHR company is estimated to almost EUR 204 million. This amount together with other requirements that would need to be applied to comply with the TSIs would not only heavily compromise the economical viability of the project but also seriously delay or bring to a halt its implementation.

(6)

The derogation is granted for a limited period of time that should be used by France to accelerate the development of innovative solutions promoted by the harmonised specifications and compliant with the TSIs in question.

(7)

The provisions of this Decision are in accordance with the opinion of the Committee set up by Article 29 of Directive 2008/57/EC,

(a)

with regard to provisions of section 4.2.1.1 of the TSI noise, for as long as no technical solution to achieve compliance is available;

(b)

with regard to provisions of sections 4.2.2.1.2.2, 4.2.2.3.2.4, 4.2.2.3.2.5 (type NA only), 4.2.3.1, 4.2.3.4, 4.2.4.1.2.8 of the TSI freight wagons, until the revised decision on TSI freight wagons enters into force.