Commission Implementing Regulation (EU) 2020/777 of 12 June 2020 amending Implementing Regulation (EU) 2018/763 as regards the dates of application and certain transitional provisions following the extension of the transposition deadline of Directive (EU) 2016/798 of the European Parliament and of the Council (Text with EEA relevance)
Commission Implementing Regulation (EU) 2020/777of 12 June 2020amending Implementing Regulation (EU) 2018/763 as regards the dates of application and certain transitional provisions following the extension of the transposition deadline of Directive (EU) 2016/798 of the European Parliament and of the Council(Text with EEA relevance)THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safetyOJ L 138, 26.5.2016, p. 102., and in particular Article 10(10) thereof,Whereas:(1)Directive (EU) 2016/798 was amended by Directive (EU) 2020/700Directive (EU) 2020/700 of the European Parliament and of the Council of 25 May 2020 amending Directives (EU) 2016/797 and (EU) 2016/798, as regards the extension of their transposition periods (OJ L 165, 27.5.2020, p. 27). in order to give Member States the possibility to extend the deadline to bring into force the national laws, regulations and administrative provisions necessary to comply with the provisions referred to in Article 33(1) of Directive (EU) 2016/798.(2)The assessment of applications for a safety certificate in accordance with Directive 2004/49/EC of the European Parliament and of the CouncilDirective 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (OJ L 164, 30.4.2004, p. 44)., for which the safety certificate had to be issued before 16 June 2020, might be delayed because of the COVID-19 outbreak. Therefore, in the Member States that have notified the Agency and the Commission in accordance with Article 33(2) of Directive (EU) 2016/798 and where Directive (EU) 2016/798 is to apply from 16 June 2020, the national safety authority ("NSA") should, at the request of the applicant, continue the assessment beyond that date. The NSA should finalise that assessment and issue the safety certificate before 30 October 2020.(3)With regard to Member States that have notified the European Union Agency for Railways ("the Agency") and the Commission in accordance with Article 33(2a) of Directive (EU) 2016/798, the application of certain provisions of Commission Implementing Regulation (EU) 2018/763Commission Implementing Regulation (EU) 2018/763 of 9 April 2018 establishing practical arrangements for issuing single safety certificates to railway undertakings pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council, and repealing Commission Regulation (EC) No 653/2007 (OJ L 129, 25.5.2018, p. 49). should be postponed and apply from 31 October 2020. Transitional provisions set out in Implementing Regulation (EU) 2018/763 should also be adapted.(4)Applicants may have compiled applications in accordance with Implementing Regulation (EU) 2018/763 in view to the current application deadline. Applications drawn up in accordance with Implementing Regulation (EU) 2018/763 should include all the necessary evidence for the safety certification of railway undertakings under either Directive 2004/49/EC or Directive (EU) 2016/798. Therefore, applicants should be allowed to submit, to national safety authorities in Member States that have notified the Agency and the Commission in accordance with Article 33(2a) of Directive (EU) 2016/798, applications which list evidence in accordance with Implementing Regulation (EU) 2018/763. National safety authorities should accept those applications without requiring a revised application.(5)Implementing Regulation (EU) 2018/763 should therefore be amended accordingly.(6)The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 28(1) of Directive (EU) 2016/798.(7)In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union,HAS ADOPTED THIS REGULATION: