Article 9Extension of time limits provided for in Directive (EU) 2016/798#
1.Notwithstanding Article 10(13) of Directive (EU) 2016/798, the time limits for renewal of single safety certificates which would otherwise have expired or would otherwise expire between 1 September 2020 and 30 June 2021 shall be deemed to be, or to have been, extended for a period of 10 months. The single safety certificate concerned shall remain valid accordingly.
2.Notwithstanding Article 12(2) of Directive (EU) 2016/798, the validity of safety authorisations which, in accordance with that provision, would otherwise have expired or would otherwise expire between 1 September 2020 and 30 June 2021 shall be deemed to be, or to have been, extended for a period of 10 months.
3.Where a Member State considers that the renewal of single safety certificates issued in accordance with Article 10(8) of Directive (EU) 2016/798 or the extension of the period of validity of safety authorisations is likely to remain impracticable beyond 30 June 2021 due to measures that it has taken to prevent or contain the spread of COVID-19, it may submit a reasoned request for an authorisation to apply an extension of the periods specified in paragraphs 1 and 2, as relevant. That request may concern the period between 1 September 2020 and 30 June 2021 or the period of 10 months specified in paragraphs 1 and 2 respectively, or both. It shall be submitted to the Commission by 31 May 2021.
4.Where, upon a request submitted in accordance with paragraph 3, the Commission finds that the requirements laid down in that paragraph are fulfilled and that the requested extension does not lead to disproportionate risks in terms of transport safety and security, it shall adopt a decision authorising the Member State concerned to apply an extension of the periods specified in paragraphs 1 and 2 respectively, as justified in each case. The extension shall be limited to reflect the period during which the renewal of single safety certificates or the extension of the period of validity of safety authorisations is likely to remain impracticable and, in any event, shall not be longer than six months.The Commission shall publish that decision in the Official Journal of the European Union.
5.Where a Member State has not been, and is not likely to be, confronted by difficulties that rendered the renewal of single safety certificates issued in accordance with Article 10(8) of Directive (EU) 2016/798 or the extension of the period of validity of safety authorisations impracticable during the period between 1 September 2020 and 30 June 2021 as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis, or has taken appropriate national measures to mitigate such difficulties, that Member State may decide not to apply paragraphs 1 and 2 of this Article. The Member State shall inform the Commission about its decision by 3 March 2021. The Commission shall inform the other Member States thereof and shall publish a notice in the Official Journal of the European Union.The Member State that has decided not to apply paragraphs 1 and 2 as provided for in the first subparagraph of this paragraph shall not impede the cross-border activities of any economic operator or individual that has relied on derogations set out in paragraphs 1 and 2 that apply in another Member State.