Legal provisions of COM(2020)179 - Amendment of Directives 2016/797 and 2016/798 (railway package), as regards the extension of their transposition period

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dossier COM(2020)179 - Amendment of Directives 2016/797 and 2016/798 (railway package), as regards the extension of their transposition period.
document COM(2020)179 EN
date May 25, 2020

Contents

Article 1 - Amendment to Directive (EU) 2016/797

Directive (EU) 2016/797 is amended as follows:

(1)in Article 54, paragraph 4 is replaced by the following:

‘4.   At the latest from 16 June 2019 the Agency shall carry out the authorisation tasks pursuant to Articles 21 and 24 and the tasks referred to in Article 19 in respect of areas of use in the Member States that have not notified the Agency and the Commission in accordance with Article 57(2). By way of derogation from Articles 21 and 24, national safety authorities of Member States which have notified the Agency and Commission pursuant to Article 57(2) may continue to issue authorisations in accordance with Directive 2008/57/EC until 16 June 2020. By way of derogation from Articles 21 and 24, national safety authorities of Member States which have notified the Agency and Commission pursuant to Article 57(2a) may continue to issue authorisations in accordance with Directive 2008/57/EC until 31 October 2020.’;

(2)in Article 57, the following paragraph is inserted:

‘2a.   Member States that have extended the transposition period in accordance with paragraph 2 may further extend it until 31 October 2020. Their transposition measures shall apply from that date. Those Member States shall notify the Agency and the Commission thereof by 29 May 2020.’;

(3)in the first paragraph of Article 58, the date ‘16 June 2020’ is replaced by ‘31 October 2020’.

Article 2 - Amendment to Directive (EU) 2016/798

Directive (EU) 2016/798 is amended as follows:

(1)the following Article is inserted:

‘Article 6a

Alignment of CSMs with revised deadlines

The Commission shall be empowered to adopt delegated acts in accordance with Article 27 to align the application dates of delegated acts adopted under Article 6(6) with the transposition deadline set out in Article 33(2a). The procedure provided for in Article 27a shall apply to delegated acts adopted pursuant to this Article.’;

(2)in Article 27, the following paragraph is added:

‘7.   The power to adopt delegated acts referred to in Article 6a shall be conferred on the Commission from 28 May 2020 to 31 October 2020.’;

(3)the following Article is inserted:

‘Article 27a

Urgency procedure

1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 27(6). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.’;

(4)in Article 31, paragraph 3 is replaced by the following:

‘3.   At the latest from 16 June 2019 the Agency shall carry out the certification tasks pursuant to Article 10 in respect of areas of operation in the Member States that have not notified the Agency or the Commission in accordance with Article 33(2). By way of derogation from Article 10, national safety authorities of the Member States which have notified the Agency and the Commission pursuant to Article 33(2) may continue to issue certificates in accordance with Directive 2004/49/EC until 16 June 2020. By way of derogation from Article 10, national safety authorities of the Member States which have notified the Agency and the Commission pursuant to Article 33(2a) may continue to issue certificates in accordance with Directive 2004/49/EC until 31 October 2020.’;

(5)in Article 33, the following paragraph is inserted:

‘2a.   Member States that have extended the transposition period in accordance with paragraph 2 may further extend it until 31 October 2020. Their transposition measures shall apply from that date. Those Member States shall notify the Agency and the Commission thereof by 29 May 2020.’;

(6)in the first paragraph of Article 34, the date ‘16 June 2020’ is replaced by ‘31 October 2020’.

Article 3

This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.