ANNEX IXFILE FOR SUBMITTING A DEROGATION

When submitting a request for a derogation, Member States must supply the following documents:

(a)

A formal letter communicating the proposed derogation to the Commission.

(b)

A file, annexed to the letter, comprising at least:

  • a description of the work, goods and services subject to the derogation, specifying the key dates, the geographical location and the operational and technical area,

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

  • a precise reference to and details of the alternative provisions which will be applied,

  • for requests made under Article 7(1)(a), justification of the advanced stage of development of the project,

  • justification of the derogation, including the main reasons of a technical, economic, commercial, operational and/or administrative nature,

  • any other information justifying the request for a derogation,

  • a description of the measures that the Member State proposes to take in order to promote the final interoperability of the project. In the case of a minor derogation, this description is not required.

Documentation must be supplied in paper form and as electronic files, so that it can be distributed among the members of the Committee.