Article 2 · Commission Implementing Regulation (EU) 2019/776

Contents

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Regulation (EU) No 1299/2014 is amended as follows:

(1)Article 2 is amended as follows:

(a)in paragraph 1, the reference to ‘point 2.1 of Annex I to Directive 2008/57/EC’ is replaced by a reference to ‘point 2.1 of Annex II to Directive (EU) 2016/797 of the European Parliament and of the Council (*)(*)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 Union (OJ L 138, 26.5.2016, p. 44).’;

(b)in paragraph 3, the reference to ‘Article 20 of Directive 2008/57/EC’ is replaced by a reference to ‘Article 18 of Directive (EU) 2016/797’;

(c)paragraph 4 is replaced as follows:‘4.The TSI shall apply to the network of the Union rail system as described in Annex I of Directive (EU) 2016/797 with the exclusion of cases referred to in Article 1(3) and (4) of Directive (EU) 2016/797’;

(2)Article 3 is amended as follows:

(a)paragraph 1 is replaced by the following:‘1.With regard to the aspects listed as “open points” in Appendix R to the Annex to this Regulation, the conditions to be complied with for verifying the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down by national rules in force in the Member State which authorises the placing in service of the subsystem covered by this Regulation.’;

(b)point (c) of paragraph 2 is replaced as follows:‘(c)the bodies designated to carry out the conformity assessment and verification procedures with respect to the open points’;

(3)in Article 4, paragraph 1 is replaced by the following:‘1.With regard to specific cases listed in Section 7.7 of the Annex, the conditions to be met for the verification of the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down in Section 7.7 of the Annex or by national rules in force in the Member State which authorises the placing in service of the subsystem covered by this Regulation’;

(4)point (c) of paragraph 2 of Article 4 is replaced by the following:‘(c)the bodies designated to carry out the conformity assessment and verification procedures for the national rules relating to the specific cases set out in point 7.7 of the Annex’;

(5)Article 7(3) is amended as follows;

(a)in point (a), the reference to ‘Article 18 of Directive 2008/57/EC’ is replaced by a reference to ‘Article 15 of Directive (EU) 2016/797’;

(b)in point (b), the references to ‘Article 16(2)(c) of Directive 2004/49/EC’ and ‘Article 18 of Directive 2004/49/EC’ are replaced by references to ‘Article 16(2)(d) of Directive (EU) 2016/798 of the European Parliament and of the Council (*)(*)Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, p. 102).’and ‘Article 19 of Directive (EU) 2016/798’ respectively;

(6)in Article 9, paragraph 2 is deleted;

(7)Article 10 is amended as follows:

(a)in paragraph 4, the reference to ‘Article 6 of Directive 2008/57/EC’ is replaced by a reference to ‘Article 5 of Directive (EU) 2016/797’;

(b)in paragraph 5, the reference to ‘Directive 2008/57/EC’ is replaced by a reference to ‘Directive (EU) 2016/797’;

(8)the Annex is amended in accordance with Annex II to this Regulation.

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