Opinion ERA-OPI-2020-11

Making the railway system work better for society. OPINION OPI 2020-11 OPI 2020-11 OF THE EUROPEAN UNION AGENCY FOR RAILWAYS for THE EUROPEAN COMMISSION regarding LOC&PAS TSI 1302/2014 potential deficiency – Evacuation tests Disclaimer: The present document is a non-legally binding opinion of the European Union Agency for Railways. It does not represent the view of other EU institutions and bodies, and is without prejudice to the decision-making processes foreseen by the applicable EU legislation. Furthermore, a binding interpretation of EU law is the sole competence of the Court of Justice of the European Union. 1. General Context OPI 2020-11 1.1. In its letter Ref. Ares(2020)2644310 of 20 May 2020, the European Commission asked the Agency to provide an opinion about possible alternative solutions to demonstrate conformity to clause 4.2.10.5.1(12) of the LOC&PAS TSI1 during the application of specific health protection measures in many Member States due to COVID-19. 1.2. The Agency is asked to analyse possible alternative solutions that could constitute temporary acceptable means of compliance during the restrictions imposed by COVID-19, and also in normal circumstances as permanent acceptable means of compliance. 1.3. In parallel, in the context of the revision of the LOC&PAS TSI planned for 2022, the Agency has also received the task to review that clause on the physical evacuation test with the objective to allow for...