Pursuant to Article 112, paragraph 1, item 2 of the Constitution of the Republic of Serbia, I bring

DECREE
ON THE PROMULGATION OF THE LAW ON INTEROPERABILITY OF THE
RAILWAY SYSTEM
The Law on Interoperability of the Railway System, adopted by the National Assembly of the
Republic of Serbia at the Fifth Session of the First Regular Session in 2018, is promulgated.
May 25, 2018.

PR number 66 in Belgrade,
31. May 2018, President
of the Republic
Aleksandar Vučić, s.r.

LAW ON INTEROPERABILITY OF RAILWAY SYSTEM

("Official Gazette of RS", No. 41/2018)

Basic text in force from 08/06/2018, in force from 08/06/2018

AND INTRODUCTORY PROVISIONS

Subject of the law

Article 1

This law regulates the conditions to be met by the railway system in the Republic of Serbia in
order to ensure interoperability, in order to ensure the smooth running of railway traffic.

The interoperability of the railway, in the sense of this law, is the ability of the railway system to
enable safe and uninterrupted movement of trains that achieve the required levels of
performance. This capability depends on all regulatory, technical and operational conditions that
must be met in order to meet the basic requirements.

The provisions of this law do not apply to metros, trams and other light rail systems and to the
tourist-museum railway.

Meaning of individual expressions

Article 2

Certain terms used in this law have the following meanings:

1) a use permit is a document that allows commissioning subsystem;

2) vehicle type license is a document confirming that the type of railway vehicle complies with
the prescribed technical specifications or national railway technical regulations;

3) maintenance file is the documentation kept for each vehicle by the person in charge of
maintenance and which contains general technical documentation, maintenance documentation
and data on the use of the railway vehicle and works on its control, and maintenance;

4) European specification is a common technical specification, a European technical approval

or a national standard transposing a European one standard;

5) replacement within maintenance is any modification of components with parts of identical

functions and performance within preventive or corrective maintenance;

6) railway network is a set of railways, stations, terminals and all fixed railway facilities
necessary to ensure the safe and uninterrupted operation of the railway system;

7) the railway system is a whole consisting of structural and functional subsystems and which
includes the management and operation of the railway system in whole;

8) railway vehicle is a vehicle with or without its own propulsion which moves on its own
wheels on railway tracks and which consists of one or more structural and functional subsystems
or parts of these subsystem;

9) the holder of a railway vehicle is a natural or legal person, owner or user of a railway
vehicle, who uses that vehicle as a means of transport and who is registered in the National
Register of Railway Vehicles vehicles;

10) designated body is a body for assessment of conformity and suitability for use of
interoperability constituents and verification of structural subsystems in accordance with national
railway technical regulations, appointed in accordance with the law governing technical
requirements for products and assessment compliance;

11) person in charge of maintenance is a person in charge of maintenance of a railway vehicle,

registered as such in the National Register of Railway Vehicles vehicles;

12) contracting entity is the person who orders the design, construction, renewal or
improvement of the subsystem (railway undertaking, infrastructure manager, railway vehicle
owner or concessionaire responsible for the construction project);

13) national railway technical regulations are technical regulations adopted in the Republic of
Serbia that apply to subsystems in cases provided by this law;
14) renewal of the subsystem is a major replacement on the subsystem or part of the subsystem
which does not change its basic characteristics;

15) the basic requirements are all the conditions to be met by the railway system, subsystems
and interoperability constituents, including interfaces;

16) basic parameters are all regulatory, technical or operational conditions that are crucial for
interoperability and as such specified in the relevant technical specifications interoperability;

17) open questions indicate technical aspects related to basic requirements that are not explicitly
covered by technical specifications interoperability;

18) Conformity assessment is the process of proving whether the requirements relating to a
product, process, service, system, person or Body;

19) convenience of use is the ability of a product to achieve and maintain the required
performance throughout its life century;

20) subsystems are parts of the railway system. The subsystems for which the essential
requirements need to be determined may be structural or functional;

21) the existing railway system is a complex structure composed of railways and stable
facilities of the existing railway system, as well as vehicles of all types and origins that travel on
that infrastructure;

22) the notified body is the body responsible for assessing the conformity and suitability for use
of interoperability constituents and for the EC verification procedure of the subsystem according
to the technical specifications of interoperability and notified to the Secretary-General of the
Intergovernmental Organization for International Carriage by Rail (OTIF) commission;

23) an advanced development project is a project whose level of planning or construction has
reached a point where a change in technical specifications is unacceptable due to justified legal,
contractual, economic, financial, social or environmental obstacle;

24) commissioning are all operations by which a subsystem or railway vehicle is placed in its
designed working order state;

25) a series of railway vehicles is a number of identical railway vehicles of one type;

26) specific cases are parts of the railway system that require special provisions in the technical
specifications of interoperability, temporary or permanent, due to geographical, topographical or
urban constraints or
 restrictions affecting compliance with the existing system (railways and railway networks
isolated from the rest of the railway network, freight profile, track width, track axis spacing,
railway vehicles intended exclusively for local, regional or historical use, etc.);

27) technical documentation is the documentation containing all the necessary documents
concerning the characteristics of the subsystem and, where appropriate, all the documents
concerning the certification of the interoperability constituents; the technical documentation
should also contain all conditions of use and restrictions and all instructions for operation,
continuous or routine monitoring, adjustment and maintenance;

28) the vehicle type includes the basic design characteristics of the railway vehicle approved by
the test certificate type;

29) improvement of a subsystem is a significant change of a subsystem or part of a subsystem

which improves its basic characteristics;

30) harmonized standard is a standard, ie technical specification, adopted by the European

Committee for Standardization (CEN) or the European Committee for Electrotechnical
Standardization (CENELEC) as recognized competent bodies and developed at the request or
mandate of the European Commission, published as a national standard (without any changes) by
national standardization organizations;

31) interoperability constituent is any component, group of components, subassembly or

assembly of equipment as a whole, as well as software, installed or intended to be incorporated
into a subsystem, on which the interoperability of the rail system depends directly or indirectly;
the notion of factor encompasses tangible and intangible parts such as software.

Terms used in this Law, which are not regulated in paragraph 1 of this Article, have the meaning
determined by the law governing the railway and the law governing the safety of railway traffic.

II INTEROPERABILITY

1. Railway system

Article 3

The railway system can be:

1) conventional rail the system;

2) railway system for large speed.

 Conventional railway system Article 4

Conventional railway system is a system designed for speeds up to 200 km / h. The

railway network of the conventional railway system consists of:

1) railways intended for transport passengers;

2) railways intended for mixed transport (passenger transport and transport goods);

3) railways intended for transport goods;

4) transport nodes passengers;

5) freight hubs, including combined terminals transport;

6) railways that connect the tracks and junctions from point. 1) -5) of this attitude.

The railway network referred to in paragraph 2 of this Article includes traffic management
systems, monitoring and navigation systems, data processing devices and telecommunication
systems.

The systems and devices referred to in paragraph 3 of this Article are intended for the transport
of passengers and goods over long distances in order to guarantee the safe and harmonized use of
the railway network, as well as efficient management. traffic.

The conventional rail system includes all railway vehicles (hereinafter: vehicles) operating on
the conventional rail network or in part thereof.

High - speed railway system Article 5

The network of the high-speed railway system consists of:

1) specially constructed railways equipped for speeds equal to or greater than 250 km / h;

2) specially upgraded railways equipped for speeds of the order of about 200 km / h;

3) specially upgraded high-speed railways with special technical characteristics, on which the
speed must be adjusted due to topographic, relief or urban constraints. This category also
includes railways that connect high-speed and conventional rail networks networks,
railways in the area of railway official places (hereinafter: official place), connecting railway
lines for terminals, depots, etc. on which high-speed trains run at the speeds of conventional
trains.

The railway network referred to in paragraph 1 of this Article includes traffic management,
monitoring and navigation systems, data processing devices and telecommunication systems.

The systems and facilities referred to in paragraph 2 of this Article are intended to ensure the
safe and harmonized use of the railway network, as well as efficient traffic management.

The high-speed rail system includes high-speed vehicles designed to run:

1) at speeds of at least 250 km / h on railways specially built for high speeds, and under
appropriate conditions and speeds greater than 300 km / h;

2) speeds of about 200 km / h on the railways referred to in Article 4, paragraph 2 of this Law,
when they are in accordance with the technical characteristics of these railways railway.

Vehicles intended for maximum speeds of less than 200 km / h and running on all or part of the
network of the high-speed rail system, when in accordance with the characteristics of that
railway network, must meet the requirements guaranteeing their safe use on that network.

Subsystems

Article 6

Railway systems from Art. 4 and 5 of this law consist of structural and functional subsystems.

Structural subsystems are:

1) infrastructure - railway tracks, switches, railway facilities (bridges, tunnels, etc.) and related
infrastructure in official places (platforms, access areas, including parts intended for persons
with reduced mobility and Fig.);

2) energy - devices intended for electricity supply, including contact network and railway
equipment for measuring electricity consumption Energy;

3) control, command and signaling - track section - all equipment installed along the railway
line that is necessary to ensure safety and to control and manage the movement of trains
approved for traffic on networks;
 4) control, command and signaling - in-vehicle part - in-vehicle equipment needed to ensure
safety and to control and manage the movement of trains approved for traffic on networks;

5) rolling stock - structure, control and management systems for all rolling stock equipment,
power take-offs, traction and energy conversion devices, equipment for measuring electricity
consumption in the vehicle, braking equipment, braking, running (bogie, axles, etc.) and
suspension, doors, man / machine interface (driving staff and passengers, including the needs of
persons with reduced mobility), passive and active safety devices and means necessary for the
health of passengers and drivers staff.

Functional subsystems are:

1) Traffic regulation and management - procedures and accessories that enable the coordinated
operation of various structural subsystems during regular or difficult operations, in particular
including train assembly, train running, traffic planning and management, as well as professional
competences required for cross-border services traffic;

2) maintenance - procedures, additional equipment, maintenance workshops and spare parts

stocks that enable mandatory repairs and preventive maintenance to ensure the interoperability of
the railway system and guarantee the required performance;

3) telematics applications for passenger transport and goods:

(1) passenger transport applications, including systems that provide passengers with
information before and during the journey, reservation and payment systems, luggage
management systems and management of connections between railways and other forms traffic,

(2) applications for the transport of goods, including information systems (real-time tracking of
goods and trains), shunting and train routing systems, reservation, payment and invoicing
systems, management of connections with other modes of transport and production of electronic
supporting documents.

2. Security requirements interoperability

Article 7

The requirements for ensuring interoperability apply to the design, construction, improvement,
renewal, commissioning, operation and maintenance of the railway system.

The requirements for ensuring interoperability also apply to professional, health and safety
requirements for railway workers involved in the operation and maintenance of the railway
system.
 Basic

requirement

s Article 8

The basic requirements for ensuring interoperability include general and specific requirements.

The general requirements that the railway system must meet are:

1) security:

(1) the design, construction or assembly, maintenance and monitoring of safety-

relevant components, in particular train-related components, must ensure safety at a
level appropriate to the objectives set for the network, including those for difficult
situations,

(2) the parameters related to the wheel / rail contact must meet the stability
requirements that ensure safe movement at the maximum permitted speed, and the
brake parameters must ensure stopping at a certain stopping distance at the maximum
permitted speed speed,

(3) the components used must withstand all expected normal or limit loads during the
service life; appropriate means must be taken to ensure that the consequences of
unforeseen failures are maintained in certain borders,

(4) the design of stable installations and vehicles and the choice of materials used must
be such as to limit the occurrence, spread and effects of fire in the event of fire, and
smoke,

(5) any device intended to be handled must be so designed that, when used in a
predictable manner, even if not in accordance with the instructions given, it does not
impair the operation of the device or the health and safety of persons handling it;

2) reliability and availability - monitoring and maintenance of stable or moving components,

which are involved in the movement of the train, must be organized, performed and quantified so
as to maintain their operation in the intended conditions;

3) Health - materials which, due to their use, may pose a health risk to persons in contact with
them, cannot be used on trains and on railway infrastructure (hereinafter: infrastructure) and
must be selected, processed and used in such a way that limit the emission of harmful and
dangerous smoke or gases, especially in case of fire;

4) animal protection middle:

 (1) the impact that the establishment and operation of the railway system have on the
environment must be assessed and taken into account in the design phase of the
system, in accordance with the regulations governing environmental impact
assessment,

(2) materials used in trains and infrastructure must prevent the emission of smoke or
gases which are harmful and dangerous to the environment, especially in the case of
fire,

(3) rolling stock and power supply systems must be designed and built in such a way
as to achieve electromagnetic compatibility with installations and devices of public
and private networks that could interfere,

(4) the design and operation of the railway system must not lead to unauthorized noise
levels in areas close to the railway infrastructure or in the traction control room
vehicles,

(5) operation of the railway system may not cause an unacceptable level of soil
vibration for activities and areas close to the infrastructure maintained in accordance
with regulations;

5) technical compliance - technical characteristics of infrastructure and stable facilities must be

harmonized with each other, as well as with the characteristics of trains used in the railway
system. If it is determined that the technical compliance of infrastructure and stable facilities
with the characteristics of trains used in the railway system in certain parts of the network is
achieved with great difficulty, temporary solutions may be introduced to ensure such compliance
in some future period;

6) accessibility - infrastructure and rolling stock subsystems must be accessible to persons with
disabilities and persons with reduced mobility in order to ensure their access under the same
conditions as other persons, to prevent the erection or removal of barriers, and to apply
appropriate measures. This includes the design, construction, renewal, upgrading, maintenance
and operation of the subsystem parts in question which are accessible to the public. The traffic
regulation and management subsystem and the telematics applications for passenger transport
subsystem must provide the necessary functionality necessary to facilitate access for persons
with disabilities and persons with reduced mobility under the same conditions as other persons,
preventing installation and removal, and applying appropriate measure.

Special requirements for individual subsystems are:

1) infrastructure:

(1) security:
 - Appropriate measures must be taken to prevent unauthorized access or unwanted
intrusions into plants,

- Measures need to be taken to reduce the danger to which persons are exposed,
especially when trains pass through official places,

- the infrastructure available to the public must be designed and built in such a way as
to limit the risk to human security (stability, fire, access, evacuation, platforms and
Fig.),

- appropriate measures must be taken to take account of the special safety conditions
in long tunnels and on viaducts;

(2) accessibility - parts of the infrastructure subsystem that are accessible to the
public must be accessible to people with disabilities and people with disabilities
mobility;

2) energy:

(1) safety - the operation of the energy supply system must not endanger the safety of
trains and people (passengers, operational staff, residents railway and third persons),

(2) environmental protection - the operation of the system for the supply of electricity
or heat cannot affect the environment above the established limits,

(3) technical compliance - the electricity / heat supply systems must be such as to
enable the trains to achieve the intended performance and the electricity supply
systems must be compatible with the power take-off devices installed on the trains;

3) control, management and signaling:

(1) security:

- Facilities and procedures for control, command and signaling must enable trains to
run at the level of safety provided for that purpose. network,

- control, management and signaling systems must enable the safe movement of trains
to continue even in difficult situations conditions;

(2) technical compliance:

 - new infrastructure and new vehicles built or developed after the adoption of
harmonized control-command and signaling systems must be adapted to use these
system,

- control, command and signaling devices installed in the control rooms of traction
vehicles must enable regular operation within the set conditions throughout the
railway system;

4) carriage resources:

(1) security:

- the structure of the vehicle and the joints between the vehicles must be designed in
such a way that in the event of a collision or slipping, the spaces for passengers and
steering wheel protection are protected,

- electrical equipment must not endanger the safety and functioning of control,
command and signaling installations,

- braking technique and the resulting loads must be harmonized with the construction
of the railway, track facilities and signaling system,

- it is necessary to take measures that prevent access to live devices,

- in the event of an emergency, certain devices must enable passengers to inform the
driver and the accompanying staff to contact the him,

- door closing and opening systems must guarantee safety passengers,

- there must be specially marked exits for the case dangers,

- appropriate measures must be taken to take account of special safety conditions in

the long run tunnels,

- it is necessary to install an independent backup lighting system of sufficient power

and capacity,

- trains must be equipped with a loudspeaker system for communication between

rolling stock and passengers;

(2) reliability and availability - vehicle equipment must be designed to allow the train
to continue running in a difficult situation without adverse consequences for
equipment that will continue to to use;

(3) technical compliance:

 - electrical equipment must be harmonized with the operation of the control,
management and signaling,

- in the case of electric traction, the characteristics of the power take-off must enable
the trains to travel on the railway system with an appropriate electric power supply
system. energy,

- the characteristics of the rolling stock must be such as to enable them to run on all
the railways envisaged, taking into account climatic conditions. conditions;

(4) surveillance - trains must be equipped with an information recording device. The
data collected by that device and its processing must be harmonized;

(5) accessibility - parts of the vehicle subsystem that are accessible to the public must
be accessible to persons with disabilities and persons with disabilities mobility;

5) maintenance:

(1) Health and safety - operation of technical installations and maintenance procedures
must allow safe operation of the subsystem and must not present a danger to health
and safety faces,

(2) environmental protection - operation of technical facilities and procedures at places

where maintenance is performed must not exceed the permitted levels of harmful
effects on the environment,

(3) technical compliance - vehicle maintenance facilities must enable work to be

carried out in a safe, harmless and undisturbed manner on all vehicles for which they
are projected;

6) regulation and management by traffic:

(1) security:

- the harmonization of operational regulations for the network and the qualifications
of train drivers, railway staff and traffic management staff must be such as to enable
safe operation, taking into account the diversity of cross-border and domestic service
requirements transport,

- maintenance work, maintenance intervals, training and qualifications of staff in

maintenance centers and control centers, as well as the quality assurance system
established in maintenance centers and control centers must be such as to ensure a
high level of security,
 (2) reliability and availability - maintenance works, maintenance intervals, training
and qualifications of staff in maintenance centers and control centers, as well as the
quality assurance system established in maintenance centers and control centers must
be such as to allow a high level of reliability and availability system,

(3) technical harmonization - harmonization of operational regulations for the

network and qualifications of train drivers, train staff and traffic management staff
must enable efficient operation of the railway system, taking into account the
diversity of cross-border and domestic service requirements transport,

(4) accessibility - appropriate measures are taken to ensure that operational regulations
provide access to persons with disabilities and persons with disabilities mobility;

7) telematic applications for freight transport services and passengers:

(1) technical compliance - the basic requirements for telematics applications ensure a
minimum quality of service to passengers and users of freight transport, especially in
terms of technical compliance. With these applications it is necessary to secure:

- that databases, software and data transfer protocols allow for the greatest possible
exchange of data between different applications and between different carriers with
the exception of confidential business information,

- that transport users have easy access information,

(2) reliability and availability - methods of using, managing, updating and

maintaining databases, software and data transmission protocols must ensure their
efficiency and a certain quality a favor,

(3) health - user and system interfaces must comply with minimum ergonomic and
health rules protection,

(4) security - appropriate levels of integrity and reliability must be provided to store or
transmit relevant security information,

(5) accessibility - appropriate measures are taken to make the telematics applications
subsystem for passenger transport services accessible to people with disabilities and
people with disabilities mobility.
3. Technical specification interoperability

Term

Article

Technical specifications for interoperability (hereinafter referred to as TSIs) are technical

specifications covering each subsystem or part subsystem of a railway system in order to meet
the essential requirements and ensure the interoperability of the railway system.

One TSI shall be drawn up for each subsystem. Where appropriate, one subsystem may be
covered by more than one TSI, and one TSI may cover several subsystems.

The subsystems shall comply with the TSIs in force at the time of their commissioning,
upgrading or renewal, in accordance with this law. This compliance should be maintained on an
ongoing basis throughout each subsystem uses.

The Directorate for Railways (hereinafter: the Directorate) publishes TSIs in the "Official
Gazette of the Republic of Serbia".

The Directorate adopts a list of interoperability standards contained in the TSIs.

Scope of

application

Article 10

The TSIs apply to newly built, upgraded or refurbished international rail vehicles, as well as to
newly built, upgraded or refurbished railways covered by the extended TEN-T (Trans-European
Transport Network) network for South East Europe.

The scope of the TSI will be gradually extended to the entire railway network of the Republic of
Serbia.

TSIs may also apply to vehicles and railways not covered by the paragraph
1. of this member.

Deviations from the application

of the TSI Article 11

Deviations from the application of the TSI are allowed in the following cases:
1) when building a new subsystem, upgrading or renewing existing subsystems which, at the
time of adoption of the TSI, were in an advanced stage of project development or have already
signed performance contracts works;

2) when upgrading or renewing an existing subsystem, when the load profile, track gauge, track
gauge or power supply system in the TSIs does not comply with the specifications of the existing
subsystem;

3) during the construction, improvement or renewal of the existing subsystem, if the application
of the TSI would jeopardize the economic feasibility of the project or compliance with the
existing railway system in the Republic Serbia;

4) if, following an accident or natural disaster, the conditions for the rapid renewal of the railway
network, economic or technical, do not allow for the partial or complete application of the
relevant TSIs.

In cases of deviation from the TSI referred to in paragraph 1 of this Article, national railway
technical regulations shall apply.

National railway technical regulations also apply:

1) in cases of open issues, ie. when the technical aspects related to the basic requirements are not
explicitly covered in TSIs;

2) for subsystems for which the application of the TSI is not required.

In the cases referred to in paragraph 1 of this Article, the procuring entity or its authorized
representative shall submit to the ministry responsible for transport affairs a request for
derogation, with which it shall submit:

1) written notice relating to the proposed deviation;

2) documentation that contains:

(1) a description of the works, supplies and services subject to the derogation, stating
the key dates, geographical location, technical and operational scope,

(2) precise reference to the TSIs (or parts thereof) for which a derogation is requested,

(3) precise reference to the alternative provisions to be applied and their details,

(4) explanation of the advanced phase of project development in the case referred to in
paragraph 1, item 1) of this member,
 (5) justification of the request for derogation, including reasons of technical,
economic, commercial, operational or administrative nature for deviation,

(6) all other information justifying the request for deviation,

(7) description of the measures proposed to be taken with a

view to improving the interoperability of the project, except in the case of
small deviation.

In case of deviations from paragraph 1, item 1) of this Article, within ten months from the
adoption of each TSI, the contracting authority is obliged to submit to the Ministry responsible
for transport a list of projects underway, which are in an advanced stage of development. .

Requests for deviations from the TSI, together with the attached documentation referred to in
paragraph 4, item 2) of this Article, shall be submitted by the Ministry responsible for transport
to the European Commission, for further action in accordance with European Union regulations.

The Ministry in charge of transport affairs shall inform the contracting authority or its authorized
representative of the decision of the European Commission.

Exceptionally from the provisions of para. 6 and 7 of this Article, until the day of accession of
the Republic of Serbia to the European Union, the ministry responsible for transport affairs shall
decide on the submitted requests for derogation.

4. Factors interoperability

Placing on the market

Article 12

Interoperability constituents may be placed on the market only if:

1) ensure that interoperability is achieved within the railway system even if they meet the
requirements of Article 8 of this the law;

2) are used in the area for which they are intended and if they are properly installed and
maintained.

The provision of paragraph 1 of this Article shall not prevent the placing on the market of
interoperability constituents used for other purposes.

The placing on the market of interoperability constituents manufactured in accordance with this
Law may not be prohibited, restricted or prevented, and in particular, re-inspections already
performed as part of the procedure for issuing a declaration of conformity and a declaration of
suitability for use may not be required.
 Conformity and suitability for use

Article 13

Interoperability constituents meet the essential requirements if they have a declaration of

conformity and a declaration of suitability for use.

The declaration of conformity and the declaration of suitability for use relate to:

1) multifunctional interoperability constituents, which are applied not only in the railway system
but also in other areas;

2) multi-purpose interoperability constituents with specific characteristics, which are applied not
only in the railway system but also in other areas, but which must have specific characteristics
when used in the railway system;

3) specific factors used only in railway system.

The declaration of conformity and the declaration of suitability for use include:

1) assessment of the conformity of the interoperability constituent, observed in isolation, with

the requirements of the TSI, to be met, or

2) assessment of the suitability for use of the interoperability constituent in its railway
environment, with particular reference to functional requirements when it comes to interfaces
TSI.

The interoperability constituents specified in the TSIs are subject to the conformity and
suitability for use assessment procedures and must be accompanied by an appropriate certificate.

The interoperability constituent shall meet the essential requirements if it complies with the
conditions set out in the relevant TSI or the corresponding European specification, developed in
order to comply with it. conditions.

Spare parts for subsystems put into service before the entry into force of the relevant TSIs may
be installed in these subsystems without being subject to the procedures of paragraph 3 of this
Article.

The TSIs may provide for a transitional period for railway products which are identified as
interoperability constituents and which are placed on the market before the entry into force of the
TSI. Such interoperability constituents must meet the requirements of Article 12 para. 1 and 2 of
this of the law.
 Assessment of conformity and suitability for use Article

14

For the purpose of issuing a declaration of conformity or a declaration of suitability for use of
interoperability constituents, the manufacturer or his authorized representative in the Republic of
Serbia shall apply the provisions of this Law, by-laws and relevant TSIs.

The assessment of conformity and suitability for use of the interoperability constituents shall be
carried out by the notified body to which the manufacturer or his authorized representative has
applied.

A request for assessment of suitability for use may be submitted after the issuance of a certificate
of conformity and a declaration of conformity.

The basis for assessing the suitability for use of interoperability constituents is operational
testing.

In order to assess the suitability for use of the interoperability constituent, the notified body must
be able to monitor the subsystem in which the interoperability constituent is incorporated.

The assessment of suitability for use of interoperability constituents is mandatory if prescribed

by the relevant TSIs.

If the assessment of suitability for use of the interoperability constituents is not prescribed by the
relevant TSIs, this assessment may be carried out at the request of the manufacturer.

The applicant pays the price of services to the manager, ie the railway undertaking for
performing the exploitation test.

The amount of the price referred to in paragraph 8 of this Article depends on the type, scope and
duration of the exploitation test, corresponds to the real costs of the manager, ie the railway
undertaking and cannot be determined in order to acquire profit.

The notified body shall certify the conformity and suitability for use of the interoperability
constituents by issuing a certificate of conformity and a certificate of suitability for use, after
which the manufacturer or his authorized representative shall issue a declaration of conformity
and a declaration of suitability for use.

When interoperability constituents are subject to regulations relating to their other aspects, then
the declaration of conformity and the declaration of suitability for use contain a statement that
the interoperability constituents also meet the requirements of those regulations.

Foreign documents issued under the International Agreement to which the Republic of Serbia is
a signatory and issued by bodies registered with the Secretary General of OTIF are valid in the
Republic of Serbia.
If the manufacturer or his authorized representative does not act in accordance with the
provisions of para. 1 and 11 of this Article, then those obligations shall be fulfilled by the person
who places the interoperability constituents on market.

The provision of paragraph 13 of this Article shall also apply to a person who assembles
interoperability constituents or their parts from different sources or produces interoperability
constituents for his own needs.

If it finds that the declarations have been improperly made, the Directorate will require the
manufacturer or his authorized representative in the Republic of Serbia to bring the
interoperability constituent into compliance and eliminate the violation of regulations.

If the non-compliance cannot be remedied, the Directorate shall take measures to restrict or
prohibit the placing on the market of the interoperability constituent concerned, or to withdraw it
from the market, in accordance with the procedure referred to in Article 15 of this Law.

The Directorate prescribes modules for assessing conformity and suitability for use of
interoperability constituents subject to assessment of conformity and suitability for use, technical
documentation accompanying the declaration of conformity and the declaration of suitability for
use and the content of the declaration of conformity and declaration of suitability for use.

Inconsistency of interoperability factors with the basic requirements Article

15

If it finds that an interoperability constituent covered by a declaration of conformity or a

declaration of suitability for use and placed on the market does not meet the essential
requirements during its intended use, the Directorate shall take all appropriate measures to
restrict or prohibit the placing on the market. markets.

The Directorate shall without delay inform the European Commission of the measures taken and
give reasons for its decision, stating in particular whether the reason for non-compliance is:

1) non-fulfillment of basic demands;

2) incorrect application of European specifications where applicable apply;

3) European inadequacy specification.

The decision on the measures taken shall be delivered to the person who issued the declaration of
conformity and to the notified body that issued the certificate of conformity.
The decision referred to in paragraph 3 of this Article is finally in the administrative procedure
and a dispute may be initiated against it before the Administrative Court.

5. Subsystems

Commissioning

Article 16

Structural subsystems may be put into service only if they have been designed, constructed and
installed in such a way as to meet the essential requirements when integrated into the railway
system, in particular by checking:

1) technical compliance of these subsystems with the system in which they are integrate;

2) secure integration of these subsystems by applying control measures risk.

The construction, commissioning and operation of structural subsystems constituting the rail
system and meeting the essential requirements may not be prohibited, restricted or hindered, and
in particular the re-performance of checks already carried out may not be required:

1) within the procedure for obtaining the declaration of Fr. verification;

2) in the Member States of the European Union or OTIF Contracting States, in order to verify
compliance with identical requirements in identical work conditions.

Additional checks may be required only when the Directorate, by reviewing the documentation
in the process of issuing a license for use, determines that the structural subsystem is not fully
compliant with the provisions of this law and the law governing railway safety and does not meet
all basic requirements.

Subsystem verification procedure and subsystem verification declaration Article 17

Verification of the subsystem is the procedure whereby the notified body checks and certifies
that the subsystem meets the essential requirements and complies with the TSIs.

In order to issue the declaration of verification of the subsystem, the applicant shall select the
body to which he will submit the request for verification of the subsystem. The applicant may be
the contracting authority or the manufacturer or their authorized representative.

The notified body checks the subsystem at each of the following stages:

1) design;
2) construction of subsystems, including in particular construction works, manufacturing,
assembly of components, adjustment of the whole subsystem;

3) final examination subsystem.

The notified body, on the basis of the information available in the relevant TSIs and registers
referred to in Art. 33 and 34 of this law, also verifies the interface of the subsystem in question
with the system in which it is installed.

The notified body must complete the technical documentation accompanying the declaration of
verification of the subsystem.

The technical documentation referred to in paragraph 5 of this Article shall contain data related
to the characteristics of the subsystem, conditions and restrictions of use and instructions related
to maintenance, monitoring, adjustment and maintenance and, if necessary, all documents
confirming the conformity of interoperability constituents.

The applicant shall draw up a declaration of verification of the subsystem after the notified body
has issued a certificate of verification.

In the declaration of verification of the subsystem the applicant declares under his sole
responsibility that the subsystem meets the requirements of this law, of the TSIs and of the
applicable national regulations.

If the relevant TSI allows it, the notified body may issue certificates of verification for a series of
subsystems or specific parts of those subsystems.

The notified body may, at the request of the applicant, issue an interim declaration of verification
(hereinafter referred to as "PIV") for the design phase (including type examination) or the
manufacturing phase of the whole subsystem or of any part of the subsystem.

In the cases referred to in paragraph 9 of this Article, the notified body shall issue a PIV, and the
applicant shall draw up a PIV declaration.

Foreign documents issued under the International Agreement to which the Republic of Serbia is
a signatory and issued by bodies registered with the Secretary General of OTIF are valid in the
Republic of Serbia.

The notified body responsible for checking production must have the right of access to all
construction sites, warehouses, production facilities, prefabrication and testing facilities and
similar facilities. To this end, the notified body must provide all the necessary documentation
relating to the subsystem.

The notified body responsible for verifying the implementation shall carry out periodic
inspections to verify compliance with the technical documentation referred to in paragraph 5 of
this Article.
member. The notified body shall issue a verification report to the manufacturer or contracting
entity. The presence of a notified body may be required at certain stages of construction.

The notified body may pay unannounced visits to construction sites or production facilities.
During these visits, the notified body may carry out full or partial checks. To those responsible
for implementation, the notified body shall provide an inspection report or, where appropriate, an
inspection report.

The Directorate shall prescribe the modules for the verification of the subsystem, the technical
documentation to be attached to the declaration of verification of the subsystem and the content
of the declaration of verification of the subsystem.

The notified body must periodically publish information on:

1) received requests for verification of subsystems and their parts;

2) requirements for assessing the conformity or suitability for use of interoperability

constituents;

3) approved or rejected requests for the issuance of a transitional statement on verification;

4) approved or rejected applications for the issuance of certificates of conformity and suitability
for use;

5) approved or rejected applications for the issue of subsystem verification certificates.

The Ministry in charge of transport shall appoint a body for assessing conformity and suitability
for use of interoperability constituents and for the procedure of verification of subsystems from
companies, institutions or other legal entities that meet the requirements prescribed by Article 18
of this Law.

The Ministry in charge of technical regulations, standardization, accreditation and metrology, at

the proposal of the ministry in charge of transport, shall report the bodies referred to in paragraph
18 of this Article:

1) European Commission and European Member States union;

2) To the Secretary General OTIF.

Withdrawal of approval from a conformity assessment body that does not meet the requirements
of Article
18. of this Law shall be performed in the manner prescribed by the law which regulates technical
regulations for products and conformity assessment. The bodies and states referred to in
paragraph 19 of this Article shall be notified of the revoked approvals.
 Conditions to be met by conformity assessment bodies Article 18

The conditions to be met by the conformity assessment body referred to in Article 17, paragraph
18 of this Law are:

1) the conformity assessment body, the head of that body and the staff responsible for carrying
out the checks shall not participate directly or as authorized representatives in the design,
manufacture, placing on the market or maintenance of interoperability constituents or
subsystems, nor use them, technical information between the manufacturer and the conformity
assessment body;

2) the conformity assessment body and the staff in charge of carrying out the checks shall carry
out the checks professionally and professionally, without any pressure that may affect their
assessment or the results of the checks, especially by persons or groups interested in results;

3) the conformity assessment body and the staff in charge of carrying out the checks are
functionally independent from the body issuing the permits for use, licenses and safety
certificates and from the research body accident;

4) the conformity assessment body employs staff and has the means necessary to carry out
technical and administrative tasks related to the conduct of inspections in an appropriate manner
and to have access to emergency equipment check;

5) the conformity assessment body is insured against liability for what has been done damage;

6) staff in charge of conducting inspections owns:

(1) appropriate professionally and technically education,

(2) satisfactory knowledge of the requirements relating to the verification performed

and the experience in performing that check,

(3) ability to prepare certificates, minutes and reports that are official records of
completed checks;

7) the staff in charge of performing the inspection is independent in work in;

8) that the staff in charge of conducting inspections shall keep as a business secret everything
they learn during the conduct of inspections, except for the information required by the
competent state authorities and investigative bodies;
9) staff must not be paid on the basis of the number of checks carried out or their results.

Compliance with TSIs and national railway technical regulations Article 19

The structural subsystems covered by the declaration of verification are considered to be

interoperable and in compliance with the essential requirements.

Verification of the structural subsystem according to the essential requirements is based on the
TSIs, if any.

The Directorate prepares a list of applicable national railway technical regulations that apply to
meet the basic requirements in case:

1) that there are no TSIs for specific subsystem;

2) derogations provided for in Article 11, paragraph 1 of this the law;

3) yes specific case, requires the application of technical regulations not contained in the TSI .

The Directorate publishes the list of regulations referred to in paragraph 3 of this Article on its
website.

The Directorate shall submit to the European Commission the list of regulations referred to in
paragraph 3 of this Article, and at the request of the European Commission, it shall also submit
complete texts of regulations.

The Directorate submits national technical regulations in preparation to the ministry responsible
for technical regulations, standardization, accreditation and metrology for application to the
European Commission.

The notified body shall carry out the verification of the subsystem or part thereof in accordance
with the procedure laid down in Article 17 of this Law and shall issue a certificate of verification
of the subsystem or part thereof in accordance with national regulations, as a certificate of
conformity.

In the case of national regulations relating to the subsystems constituting the rolling stock, the
notified body shall divide the certificate into two parts:

1) the part containing a reference to national regulations relating exclusively to the technical
conformity of vehicles and the network, i

2) the part that applies to all other nationals regulations.

The notified body shall keep records of the certificates of verification issued.
The records referred to in paragraph 9 of this Article shall contain:

1) issue number certificate;

2) the name of the legal entity to which it was issued certificate;

3) the name of the subsystem for which it is issued certificate;

4) date of issue of the certificate;

5) Expiry date certificate.

Until the designation of the conformity assessment body, the tasks of the designated body
referred to in this Article shall be performed by the Directorate.

A fee is paid for the issuance of a certificate of verification of the subsystem or its part issued by
the Directorate.

The amount of the fee for issuing the certificate referred to in paragraph 12 of this Article is
determined by the law governing the republican administrative taxes.

The decision to refuse to issue a certificate of verification of the subsystem or its part is finally in
the administrative procedure and a dispute may be initiated against it before the Administrative
Court.

Non - compliance of the subsystem with the essential

requirements Article 20

If it considers that the structural subsystem for which the subsystem verification declaration is
issued is not fully compliant with the provisions of this Law, and especially if the subsystem
does not meet the requirements of Article 8 of this Law, the Directorate may require the person
who issued the subsystem verification declaration additional checks and controls.

The request for additional checks and controls shall be immediately notified to the European
Commission, with an appropriate explanation. The European Commission consults stakeholders.

In the act ordering the measures referred to in paragraph 1 of this Article, the Directorate shall
state whether there is a non-compliance with the requirements of Article 8 of this Law or with
the TSI, or incorrectly applied TSI.

If additional controls and checks show that the subsystem is not in compliance with the
provisions of this law, the subsystem cannot obtain a license for use, and in the case of already
approved subsystems, it will be suspended or withdrawn.
 III PERMIT FOR USE

1. General provisions on the license for use

Article 21

In order to put structural subsystems into operation and use them in the railway system of the
Republic of Serbia, structural subsystems must have a license for use issued by the Directorate
on the prescribed form and in the form of a decision.

The decision to refuse to issue a permit for use is finally in the administrative procedure and a
dispute may be initiated against it before the Administrative Court.

Before issuing a license for the use of structural subsystems, the Directorate checks:

1) technical compliance of these subsystems with the railway system in which they are integrate;

2) safe integration of these subsystems by applying control measures risk.

Before putting the subsystem into service, the management shall, where necessary, check that the
subsystems comply with the provisions of the relevant TSIs and / or national railway technical
regulations relating to the operation and maintenance of the subsystems.

The use permit shall be issued within 60 days from the day of submitting the request,
accompanied by the prescribed documentation, except in cases when a different deadline is
prescribed by this Law.

The use permit may contain special conditions of use or other restrictions.

The application for the issuance of a license for use may be submitted by the manufacturer or his
authorized representative in the Republic of Serbia, the railway undertaking, the owner of the
vehicle, the owner of the vehicle, the manager and the customer.

The Directorate keeps records of issued permits for use. The records

referred to in paragraph 8 of this Article shall contain:

1) Number permits;

2) the name of the legal entity to which it was issued permit;

3) the name of the subsystem for which it is issued permit;

4) restrictions for use;

5) date of issue permits.

The Directorate shall prescribe the conditions to be met for the issuance of the permit referred to
in paragraph 1 of this Article, the documentation attached to the application for the permit for
use, the content and form of the permit for use and the numbering of the permit in accordance
with European identification by number.

The application form for the use of a vehicle intended for international traffic is issued in
English, French or German.

For the issuance of the permit referred to in paragraph 1 of this Article, a fee shall be paid, the
amount of which is determined by the law governing the republic administrative fees.

After issuing the license for the use of structural subsystems, the Directorate checks:

1) infrastructure, in terms of issuing and supervising the fulfillment of conditions for issuing
safety certificates for management infrastructure;

2) vehicles, in terms of issuing and supervising the fulfillment of conditions for issuing safety
certificates for transportation.

Vehicle use permits issued in accordance with this Article shall be without prejudice to other
conditions imposed on railway undertakings and infrastructure managers for the operation of
those vehicles on the relevant network through requirements for the establishment of a safety
management system and the possession of appropriate safety certificates.

2. Vehicle type permit

Article 22

The types of all vehicles registered in the Republic of Serbia, of any manufacturer, must be
approved.

The license for the type of vehicle is issued by the Directorate on the prescribed form and in the
form of a decision.

The decision to refuse to issue a vehicle type license is finally in the administrative procedure
and a dispute can be initiated against it before the Administrative Court.

A fee shall be paid for the issuance of the permit referred to in paragraph 2 of this Article.

The amount of the fee for issuing the permit referred to in paragraph 4 of this Article is
determined by the law governing the republic administrative fees.

The Directorate keeps records of issued permits for the type of

vehicle. The records referred to in paragraph 6 of this Article shall

contain:
1) Number permits;

2) the name of the legal entity to which it was issued permit;

3) type name vehicles;

4) manufacturer's name vehicles;

5) date of issue permits.

Vehicles conforming to an approved type must obtain individual authorizations for use issued on
the basis of an approved type-approval procedure and a declaration of conformity to type
vehicles.

Existing vehicles that received a license for use before the entry into force of this law are
considered to have a license for use, provided that they are subject to Article
30. of this law.

In case of changes in the relevant provisions in the TSIs and national railway technical
regulations on the basis of which the vehicle type is approved, the Directorate will decide
whether the type-license already issued remains valid or a new one should be issued.

The subject of checks in the case of issuing new licenses for the type of vehicle refers only to the
parts of the regulations that have been changed. The issuance of new vehicle type permits does
not affect vehicle use permits issued on the basis of previously approved vehicle types.

If the applicant requests a license for the type of vehicle in other countries, the Directorate
cooperates with the bodies entrusted with tasks related to railway safety in those countries in
order to simplify the procedure and reduce administrative tasks.

The Directorate prescribes the conditions to be met for the issuance of a vehicle type license, the
documentation attached to the application for a vehicle type license, the content and form of the
declaration of conformity with the vehicle type, the content and form of the vehicle type license.

The license form for the type of vehicle intended for international traffic is also issued in
English, French or German.

3. Permission to use subsystems that comply with TSIs

Article 23

Permission for the use of subsystems that comply with TSIs, the Directorate issues if the
documentation on the performed procedure of verification of subsystems in accordance with
Article 17 of this Law is attached.
 License for use of vehicles that comply with TSIs Article 24

The technical characteristics of vehicles registered in the Republic of Serbia must be harmonized
with the relevant TSIs in force and applied at the time of their commissioning.

The use permit is issued by the Directorate as follows:

1) if all structural subsystems of which the vehicle consists are approved in accordance with Art.
16, 17 and 19 of this law, the permit is issued without additional ones Check;

2) if declarations of verification in accordance with Article 17 of this Law are attached to the
vehicle, the Directorate may check before issuing the license only:

(1) technical compliance of relevant vehicle subsystems and their safe integration in
accordance with the provisions of Article 16, paragraph 1 of this the law,

(2) technical compliance of the vehicle and the network on which it will to travel

(3) compliance with national railway technical regulations applicable to the open
questions;

3) if the applicant has submitted a declaration of conformity with the approved vehicle type, the
license shall be issued without additional Check.

The applicant for the issuance of a license for use is responsible for marking the vehicle with the
number assigned to him.

Additional authorization for use for TSI compliant vehicles Article 25

Vehicles authorized in other countries, fully compliant with all TSIs covering all aspects of the
subsystem and not subject to specific cases and open issues related to the technical conformity of
the vehicle and network, are not subject to the issuance of an additional authorization , provided
that they are used on a network compliant with the TSIs or under the conditions specified in the
relevant TSIs.

For towing vehicles referred to in paragraph 1 of this Article which have been granted a license
for use in other countries, if they are not used on a network compliant with TSIs or under the
conditions specified in the relevant TSIs, the Directorate shall issue additional licenses for such
vehicles in the Republic of Serbia.
The decision to refuse to issue an additional license for the use of vehicles in the Republic of
Serbia is finally in the administrative procedure and a dispute can be initiated against it before
the Administrative Court.

The applicant submits to the Directorate technical documentation on the vehicle and its intended
use on the network of the Republic of Serbia, which contains:

1) proof that the vehicle has been licensed for use in another countries;

2) a copy of the technical documentation of the vehicle accompanying the declaration of

verification, which shall include, in the case of vehicles equipped with registration devices,
information on the procedure for collecting data with reading and assessment, until such
information is consistent with the relevant TSIs;

3) records showing the history of vehicle maintenance and, if necessary, technical changes made
after obtaining the permit for use;

4) evidence of technical and operational characteristics showing that the vehicle complies with
infrastructure and stable installations, including climatic conditions, power supply system,
control-command and signaling system, track gauge and profiles, maximum permissible axle
mass and other network restrictions.

When deciding on the submitted request, the Directorate checks the technical compliance of the
vehicle and the network, including national regulations that apply to open issues in order to
ensure that compliance.

The Directorate may request the submission of additional information, risk analysis or online
testing to verify the elements referred to in paragraph 5 of this Article.

The Directorate will determine with the applicant the scope and content of additional
information, risk analysis and necessary online tests. The manager is obliged, after consultation
with the applicant, to ensure that the examination is performed within three months from the
submission of the application.

The report on the implementation of the tests referred to in paragraph 7 of this Article shall be
submitted to the Directorate by the infrastructure manager or the industrial railway manager.

The Directorate shall decide on the issuance of the permit referred to in paragraph 2 of this
Article:

1) two months after the submission of the documents referred to in paragraph 4 of this member;

2) one month after the submission of additional information or risk analysis or results of
exploitation testing, if any needed.
If the Directorate does not decide on the issuance of a license for use within the period referred
to in paragraph 9 of this Article, it shall be considered that the vehicle has received a license for
use after three months from the expiration of that period. This vehicle can only be used on the
network specified in the application for a license.

4. Permission to use non-compliant subsystems TSIs

Article 26

The Directorate shall authorize the use of structural subsystems that do not comply with the
relevant TSIs in force at the time of their commissioning, including subsystems subject to
derogations, if the following conditions are met:

1) subsystems are harmonized with national railway technical regulations and Serbian and
branch standards in the field of railway transport, ie UIC regulations and European norms, if for
some subsystem there are no national railway technical regulations and standards;

2) subsystems meet the basic requirements that apply to them relationships;

3) documentation on the conducted procedure of verification of structural subsystems is

attached.

The permit referred to in paragraph 1 of this Article relating to vehicles is valid only on the
network of the Republic of Serbia.

The decision to refuse to issue a license for the use of structural subsystems that do not comply
with the TSIs is finally in the administrative procedure and a dispute may be initiated against it
before the Administrative Court.

The notified body shall carry out the verification of the subsystem referred to in paragraph 1 of
this Article in the manner prescribed by Article 17 of this Law.

Until the designation of the conformity assessment body, the tasks of the designated body
referred to in this Article shall be performed by the Directorate.

License for use of vehicles that do not comply with TSIs Article 27

The license for the use of vehicles registered in the Republic of Serbia, which are not in
compliance with all relevant TSIs in force or the provisions of Article 11 of this Law apply to
them, shall be issued by the Directorate, if the applicant attached by:

1) declaration of conformity to type vehicles;

2) documentation on the performed procedure verifications:

 (1) structural subsystems of the vehicle in relation to the technical requirements of the
TSI, if any;

(2) structural subsystems of vehicles in relation to the technical requirements of

national railway technical regulations.

The applicant for the issuance of the license referred to in paragraph 1 of this Article is
responsible for marking the vehicle with the number assigned to him.

Additional license for the use of vehicles that do not comply with TSIs Article

28

Vehicles approved for use in other countries, which do not comply with TSIs, must have an
additional license for use in the Republic of Serbia. An additional permit is issued by the
Directorate.

The decision to refuse to issue an additional license to use vehicles that do not comply with the
TSIs is finally in the administrative procedure and a dispute may be initiated against it before the
Administrative Court.

The applicant for the issuance of the license referred to in paragraph 1 of this Article shall submit
to the Directorate the technical documentation on the vehicle together with the data on the
planned use on the network of the Republic of Serbia.

The documentation referred to in paragraph 3 of this Article shall contain:

1) evidence that the use of the vehicle has been approved in another country together with the
documentation used in the procedure, to demonstrate that the vehicle meets the applicable safety
requirements, including, where appropriate, information on deviations used or granted;

2) technical data, maintenance program and performance characteristics, which includes, in the
case of vehicles equipped with recording equipment, information on the data collection
procedure, enabling reading and estimates;

3) records showing the history of vehicle maintenance and, if necessary, technical changes made
after obtaining the permit for use;

4) Evidence of technical and operational characteristics showing that the vehicle complies with
the infrastructure and stable facilities, including climatic conditions, power supply system,
control-command and signaling system, track gauge and profiles, maximum permissible axle
mass and other restrictions networks.
The Directorate prescribes the parameters that need to be checked in connection with the
issuance of an additional license for the use of vehicles that do not comply with TSIs and the
classification of national regulations related to these parameters.

Evidence from paragraph 4 item. 1) and 2) of this Article may be challenged only if the
Directorate proves the existence of a significant security risk.

The Directorate may request additional information, risk analysis or online testing to verify that
the documentation referred to in paragraph 4 is. 3) and 4) of this Article in accordance with the
applicable national railway technical regulations.

The Directorate will, after consultation with the applicant, determine the scope and content of
additional information, risk analysis and necessary tests. The manager is obliged, after
consultation with the applicant, to ensure the execution of the examination within three months
from the submission requires.

The report on the implementation of the tests referred to in paragraph 7 of this Article shall be
submitted to the Directorate by the infrastructure manager or the industrial railway manager.

The Directorate shall decide on the issuance of the permit referred to in paragraph 1 of this
Article:

1) four months after the submission of the documents referred to in paragraph 4 of this member;

2) two months after the submission of additional information or analysis of the risk or results of
exploitation tests.

If the Directorate does not decide on the issuance of the permit referred to in paragraph 1 of this
Article, within the period referred to in paragraph
10 of this Article, it shall be considered that the vehicle has received the license after three
months from the expiration of that period. This vehicle can only be used on the network
specified in the application for a license.

Exemptions from the issuance of an additional license for the use of

vehicles Article 29

Additional permission for use is not issued:

1) for vehicles approved in other countries before the entry into force of the relevant TSIs which:

(1) bear the RIC mark or RIV,

(2) are approved for traffic and marked in accordance with valid bilateral or
multilateral agreements between railway undertakings from the Republic of Serbia
and railway undertakings from other country;
2) for used vehicles referred to in item 1) of this Article which are imported from abroad.

Amendments to the agreement referred to in paragraph 1, item 1) sub-item (2) of this Article and
the preparation of new agreements governing the construction, recognition of permits for the use
and use of vehicles between interested states Main office.

Renewal or improvement of the structural subsystem

Article 30

In case of renewal or improvement of the structural subsystem, the procuring entity or

manufacturer submits to the Directorate the documentation containing the project description,
and the Directorate decides, taking into account the TSI implementation plan for the Republic of
Serbia, whether the scope of works requires a new structural subsystem vehicles.

A new permit for the use of the structural subsystem is required whenever due to the planned
works there is a risk of reducing the overall level of safety of the subsystem, and the Directorate
decides to what extent it is necessary to apply TSIs to the subsystem concerned.

In the case referred to in paragraph 1 of this Article, the Directorate is obliged to decide no later
than four months after the procuring entity or manufacturer submits the required documentation.

If it is necessary to issue a new permit without applying the TSIs in full when issuing it, the
Directorate shall provide information to the European Commission on:

1) reasons why TSIs are not complete applied;

2) technical characteristics applied instead TSIs;

3) bodies responsible for verification in the case of these characteristics subsystem.

The Minister in charge of transport affairs, in cooperation with the Directorate, shall adopt the
plan for the implementation of the TSI for the Republic of Serbia referred to in paragraph 1 of
this Article.

5. Revocation and suspension of the vehicle use license

Article 31

The Directorate revokes the license for use if the supervision over the safety management
systems of the railway undertaking and the manager or upon the report of the Republic Inspector
for Railway Traffic determines:
1) that the railway vehicle is no longer in compliance with:

(1) TSIs or national railway technical regulations,

(2) approved derogations in accordance with Article 11 of this the law,

(3) regulations on construction or equipment specified in RID;

2) that the holder has not fulfilled the request of the Directorate to correct the deficiencies in the
prescribed deadline;

3) not to respect the conditions or restrictions from Article 21, paragraph 6 of this of the law.

The Directorate suspends the license for use if:

1) supervision of the safety management systems of the railway undertaking and manager or
upon the report of the Republic Inspector of Railway Traffic determines that the maintenance of
the railway vehicle is not performed in accordance with the maintenance file, TSIs, national
railway technical regulations, construction and equipment regulations specified in RID -in or if
the prescribed deadlines for maintenance;

2) in case of severe damage to the railway vehicle does not fulfill the order of the Directorate for
putting the vehicle on insight.

The license for use will be suspended until all conditions for its issuance are met again.

The decision on revocation, ie suspension of the license is finally in the administrative

procedure and a dispute can be initiated against it before the Administrative Court.

The use permit becomes invalid if the railway vehicle is withdrawn from traffic (vehicle cassation,
etc.).

The owner of the vehicle shall notify the Directorate of the withdrawal from traffic
without delay, and no later than within eight days from the day of withdrawal from
traffic.

IV REGISTERS OF RAILWAY VEHICLES AND INFRASTRUCTURE

1. National Register of Railways vehicles

Article 32 The

Directorate maintains the National Register of Railway

Vehicles. The register specification is prescribed by COTIF.

 Vehicles of all types must be entered in the register referred to in paragraph 1 of this Article.

Holders are obliged to submit data on vehicles for which a use permit has been issued to the
Directorate without delay, for the purpose of entering them in the National Register of Railway
Vehicles.

Entry in the register shall be performed on the basis of a completed application prescribed by the
specification referred to in paragraph 2 of this Article.

The owner of the vehicle shall without delay report to the Directorate all changes in the data
entered in the National Register of Railway Vehicles, destruction of vehicles or his decision to
terminate the registration of vehicles.

For the entry in the register referred to in paragraph 1 of this Article, a fee shall be paid, the
amount of which is determined by the law governing the republic administrative fees.

2. Register of approved railway types vehicles

Article 33

The Directorate submits to the Agency of the European Union for Railways data on all approved
types of vehicles in the Republic of Serbia for entry in the Register of approved types of railway
vehicles.

The Directorate also submits to the European Union Agency for Railways data on all amended,
suspended or revoked type-approvals, in order to update the Register.

3. Register infrastructure

Article 34

The Infrastructure Register (hereinafter: RINF) contains the main characteristics of each
subsystem or part subsystem (eg basic parameters) and their relationship to the characteristics
specified in the relevant TSIs.

The Directorate prescribes the specifications and data format of RINF, the architecture of the
information system supported by RINF, the use of RINF and deadlines for data submission.

The manager is responsible for submitting data to the RINF Directorate and for their up-to-
dateness.

The Directorate submits the RINF database to the European Union Agency for Railways.
 INSPECTION

Article 35

Inspection supervision over the application of this Law and bylaws adopted on the basis of this
Law shall be performed by the Ministry in charge of traffic affairs, through the Republic
Inspector for Railway Traffic (hereinafter: the inspector).

The Autonomous Province in its territory is entrusted with the performance of inspection
supervision over the application of this Law and bylaws adopted on the basis of this Law.

The inspector, in the implementation of the inspection procedure referred to in paragraph 1 of

this Article, has the duties and powers prescribed by the law governing the railway and the law
governing the inspection.

VI PENAL PROVISIONS

Article 36

A fine of 700,000 to 2,000,000 dinars shall be imposed on a company, other legal entity or a
responsible person in a legal entity for a misdemeanor if:

1) does not submit to the ministry in charge of transport a list of projects that are being
implemented, which are in an advanced stage of development (Article 11, paragraph 5);

2) prohibits, restricts or prevents the placing on the market of interoperability constituents

produced in accordance with this Law or requires the re-examination of checks already
performed as part of the procedure for issuing a declaration of conformity and suitability for use
(Article 12, paragraph 3);

3) prohibits, restricts or prevents the construction, commissioning and operation of structural

subsystems that make up the railway system and meet the basic requirements or require re-
performance of checks that have already been performed (Article 16, paragraph 2);

4) does not perform periodic inspections in accordance with Article 17, paragraph 14 of this the
law;

5) does not allow the notified body the right of access to all production facilities, warehouses,
assembly plants, testing and testing facilities and similar facilities or does not provide all
necessary documentation related to the subsystem (Article 17, paragraph 15);

6) put into operation and use structural subsystems on the railways of the Republic of Serbia,
without a license for use (Article 21, paragraph 1);

7) uses railway vehicles that do not have a type license (Article 22, paragraph 1);

8) uses vehicles without an individual license for use (Article 22, paragraph 7);
9) uses a vehicle without an additional permit for use in the Republic of Serbia (Article 28,
paragraph 1);

10) renew or upgrade the structural subsystem without first submitting to the Directorate the
documentation containing the project description (Article 30, paragraph 1);

11) without delay, and no later than within eight days not to inform the Directorate on the
withdrawal of vehicles from traffic (Article 31, paragraph 6);

12) does not submit to the Directorate data on vehicles for which a permit for use has been issued
(art
32, paragraph 4);

13) does not report without delay to the Directorate all changes in the data entered in the
National Register of Railway Vehicles, destruction of vehicles or its decision to terminate the
registration of vehicles (Article 32, paragraph 6);

14) does not submit to the Directorate data for RINF or submits such data out of date (Article 34,
paragraph 3).

Article 37

A fine of 500,000 to 1,500,000 dinars shall be imposed on a company, other legal entity or a
responsible person in a legal entity for a misdemeanor if:

1) does not submit a request for derogation to the Directorate or does not attach the documents
referred to in Article 11, paragraph
4. of this law;

2) does not consolidate the technical documentation attached to the declaration of verification of
the subsystem (Article 17, paragraph 5);

3) does not mark the vehicle with the number assigned to it (Article 24, paragraph 3);

4) does not ensure the performance of the examination in accordance with Article 25, paragraph 7
of this the law;

5) does not mark the vehicle with the number assigned to it (Article 27, paragraph 2);

6) does not ensure the performance of the examination in accordance with Article 28, paragraph 8
of this of the law.

An entrepreneur shall be fined from 100,000 to 300,000 dinars for the misdemeanor referred
to in paragraph 1 of this Article.
 VII TRANSITIONAL AND FINAL PROVISIONS

Bylaws

Article 38

Regulations for the implementation of this law shall be adopted within two years from the date
of entry into force of this law.

Until the adoption of the regulations referred to in paragraph 1 of this Article, the following
regulations adopted on the basis of the Law on Railway Safety and Interoperability ("Official
Gazette of RS", No. 104/13, 66/15 - other law and 92/15) shall apply:

1) Rulebook on conformity assessment of interoperability constituents and elements of structural

subsystems, verification of structural subsystems and issuance of licenses for use of structural
subsystems ("Official Gazette of RS", No. 5/16);

2) Rulebook on the specification of the Register of Infrastructure ("Official Gazette of RS", No.
10/17).

Technical specifications for interoperability

Article 39

Until the publication of the TSI referred to in Article 9, paragraph 4 of this Law in the "Official
Gazette of the Republic of Serbia", the TSI published by the Directorate on its website shall be
valid.

Vehicle use permits issued before the entry into force of this law

Article 40

Vehicle use permits issued until the entry into force of this law shall remain in force.

Proceedings initiated

Article 41

Proceedings that have not been completed by the day this law enters into force shall be
terminated in accordance with the provisions of the regulation that was in force until the day this
law enters into force.

Internal organization of the Railway Directorate

Article 42

The Directorate is obliged to harmonize its internal organization with the provisions of this law
within three months from the day this law enters into force.
 Termination of regulations

Article 43

On the day this Law enters into force, the Rulebook on the conditions to be met by the body for
assessment of conformity and suitability for the use of interoperability constituents and for the
verification procedure of subsystems ("Official Gazette of RS", No. 43/15) ceases to apply.

the entry into force

Article 44

This Law shall enter into force on the eighth day from the day of its publication in the "Official
Gazette of the Republic of Serbia", except for the provisions of Article 11, para. 6 and 7, Article
15, paragraph 2, Article 17, paragraph 19.
point 1), Article 19. Art. 5 and 6, Article 20, paragraph 2, Article 30, paragraph 4 and Article 33,
which shall apply from the date of accession of the Republic of Serbia to the European Union.