2012 in respect of Great BritainI1

England, Wales and Scotland

(1)

Commission Delegated Regulation (EU) 2018/761 of 16 February 2018 establishing common safety methods for supervision by national safety authorities after the issue of a single safety certificate or a safety authorisation pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 1077/2012 is amended as follows in respect of Great Britain.

(2)

In Article 1 (subject matter), omit “referred to in point (c) of Article 6(1) of Directive (EU) 2016/798”.

(3)

In Article 2 (definition)—

(a)

omit point (a);

(b)

after point (b) insert—

“(c)
‘national safety authority’ means one or both of—
(i)
a safety authority; or
(ii)
the safety authority for the tunnel system
as defined in regulation 2 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006.”.

(4)

In Article 3 (supervision process), for paragraph 3, substitute—

“
3
For the purposes of supervision, the national safety authorities shall accept the authorisations, recognitions or certificates of products or services provided by railway undertakings and infrastructure managers, or their contractors, partners or suppliers, if granted or recognised in accordance with relevant legislation applying in any part of the United Kingdom on or after F1IP completion day, as proof of the ability of railway undertakings and infrastructure managers to fulfil any corresponding safety management system requirements set out in regulations 3(1)(a) and 5(1) to (3) of the Railways and Other Guided Transport Systems (Safety) Regulations 2006.”.

(5)

After Article 10 (entry into force and application) omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”.

(6)

In Annex I—

(a)

in paragraph 5—

(i)

before “The national safety authority shall” insert subparagraph number 1;

(ii)

in new subparagraph 1, at points (b) and (c), for “Member State” substitute “ geographical area of responsibility ” and, at point (e), omit “Agency acting as”;

(iii)

after the new subparagraph 1, insert—

“
2
For the purposes of subparagraph (1)(e), “safety certification body” means the European Union Agency for Railways M1 acting as a body responsible for issuing a single safety certificate under Article 10 of Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (recast) M2 and “national safety authority” includes a safety authority established in a member State of the European Union under Article 16 of that Directive.”;

(b)

in paragraph 6—

(i)

in the introductory words, for “Member State” substitute “ a national ”;

(ii)

in subparagraph (c), for “its Member State” substitute “ the Secretary of State ”.

(7)

Schedule 3 has effect.

Annotations

Textual amendments

F1: Words in reg. 11(4) substituted (31.12.2020 immediately before IP completion day) by The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(i), 8(4)

Marginal citations

M1: The European Union Agency for Railways is established under Article 1 of Regulation (EU) 2016/796 of the European Union and of the Parliament of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (O.J. No. L138, 26.5.2016, p1).
M2: O.J. No. L138, 26.5.2016, p.102.

Commencement

I1: Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(d)