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THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Unionnote, and in particular Article 7(4) thereof,Whereas:
(1)On 3 October 2025, Sweden submitted to the Commission a request for non-application of point 4.2.2.11.1 of the Annex to Commission Regulation (EU) No 1300/2014note to the 240 (T-230) Talgo coaches until 31 December 2035 (the ‘request’). The request was submitted on the basis of Article 7(1), point (c), of Directive (EU) 2016/797.
(2)Point 4.2.2.11.1 of the Annex to Regulation (EU) No 1300/2014 sets out the requirement that the nose of the access step of each passenger access door of the vehicle is to be located within the dimensions in relation to the platform edge, specified in this point.
(3)The project referred to in the request consists of 240 coaches (T-230) manufactured by Talgo of types 31-151-0003-8-001-001, 31-151-0002-0-001-001, 31-151-0001-2-001-001 and 31-151-0004-6-001-001.
(4)According to the documents submitted by Sweden, complying with point 4.2.2.11.1 of the Annex to Regulation (EU) No 1300/2014 would entail an additional cost of around EUR 3000000, including certification and authorisation costs, in addition to the costs of delays and longer time to market, due to the required modification of the vehicles.
(5)As an alternative provision, Sweden proposes to apply operational measures in the safety management system of the operator, such as announcements, ramps or keeping certain doors closed. In addition, Sweden committed to the Swedish national safety authority carrying out targeted supervision on the railway operator regarding the operational measures intended to achieve the same level of safety despite the technical non-compliance.
(6)Based on the justification for the request provided by Sweden and the alternative provisions proposed, the conditions set out in Article 7(1), point (c), and Article 7(4) of Directive (EU) 2016/797 can be considered as fulfilled for the 240 (T-230) Talgo coaches. The request should therefore be accepted.
(7)Safety, as set out by Directive (EU) 2016/797, is an essential requirement which is to be met by the Union rail system, the subsystems and the interoperability constituents, including interfaces. The Commission should therefore be provided with any information indicating that the non-application of point 4.2.2.11.1 of the Annex to Regulation (EU) No 1300/2014 could compromise the safety of the railway system.
(8)The measures provided for in this Decision are in accordance with the opinion of the Committee referred to in Article 51(1) of Directive (EU) 2016/797,
HAS ADOPTED THIS DECISION:
Article 1#
The request of Sweden for non-application of Point 4.2.2.11.1 of the Annex to Regulation (EU) No 1300/2014 to the 240 (T-230) Talgo coaches is accepted on the condition that the alternative measure proposed by Sweden is applied.
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