Regulation 13 Amendments to Commission Regulation (EU) No 1169/2010 on a common safety method for assessing conformity with the requirements for obtaining a railway safety authorisationI1

England, Wales and Scotland

(1)

Commission Regulation (EU) No 1169/2010 on a common safety method for assessing conformity with the requirements for obtaining a railway safety authorisation is amended as follows.

(2)

Omit Article 1 (subject matter).

(3)

In Article 2 (definition)—

(a)

in the heading and in the first paragraph, for “definition” substitute “ definitions ”;

(b)

after the definition of “supervision”, insert—

“‘national safety authority’ means one or both of—
(a)
a safety authority; and
(b)
the safety authority for the tunnel system, as defined in the Railways and Other Guided Transport Systems (Safety) Regulations 2006.”.

(4)

In Article 3 (procedures for assessing applications)—

(a)

in paragraph 1, omit “for assessing their conformity with requirements in Directive 2004/49/EC”;

(b)

in paragraph 3—

(i)

for “Union” substitute “ domestic ”;

(ii)

after the final sentence, insert “ Products or services provided by contractors or suppliers to railway undertakings shall be presumed to conform to safety requirements if the contractors, suppliers or products are certified in accordance with relevant certification schemes established under European Union legislation for the provision of such products and services, unless there are reasonable grounds for believing that they do not so conform. ”.

(5)

Omit the words following Article 5 (entry into force), up to but not including “Annex I”.

(6)

In Annex I (procedure for assessing conformity with requirements for obtaining safety authorisations), in the heading, for “Article 11(1)(a) and (b) of Directive 2004/49/EC”, substitute “ regulations 10, 11 and 12 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006 or paragraphs 27 to 38 of the Schedule to the Channel Tunnel (Safety) (Amendment) Order 2013 ”.

(7)

In Annex II (criteria for assessing conformity with the requirements for obtaining safety authorisations)—

(a)

in the heading, for “Article 11(1)(a) and (b) of Directive 2004/49/EC”, substitute “ regulations 10, 11 and 12 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006 or paragraphs 27 to 38 of the Schedule to the Channel Tunnel (Safety) (Amendment) Order 2013 ”;

(b)

in point A.4, for “in accordance with Article 4(3) of Directive 2004/49/EC”, substitute “ for the safe operation of the railway ”;

(c)

in point E.3, for “Article 9 and Annex III of Directive 2004/49/EC”, substitute “ regulations 5 and 6 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006 or paragraph 22 of the Schedule to the Channel Tunnel (Safety) (Amendment) Order 2013 ”;

(d)

in point K.3 for “member state level”, substitute “ a national level ”;

(e)

in point M.2, for “Commission Regulation (EC) No 352/2009”, substitute “ Commission Implementing Regulation (EU) No 402/2013 as it has effect in Great Britain ”;

(f)

in point Q.1, for “national bodies”, substitute “ the Rail Accident Investigation Branch ”.

(8)

In Annex III (principles for supervision after the award of an authorisation)—

(a)

in paragraph 1, omit “as referred to in Article 4(1) and 16(2)(e) of Directive 2004/49/EC”;

(b)

in paragraph 7, for “National safety authorities shall be accountable for their decisions in accordance with Article 17(3) of Directive 2004/49/EC”, substitute “ The decisions of national safety authorities shall be subject to judicial review. ”.

Annotations

Commencement

I1: Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1