ERA-GUI-100.pdf - Europa
ERA-GUI-100.pdf - Europa
ERA-GUI-100.pdf - Europa
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Guide for the application of the Art 14 (a) of the Safety Directive and Commission Regulation (EU) No 445/2011<br />
on a system of certification of entities in charge of maintenance for freight wagons – VERSION 1.0<br />
8 IMPLEMENTATION OF THE REGULATION 445/201<br />
8.1 What does the transitional period mean?<br />
Starting from 31 May 2012, any ECM certificate shall be issued in accordance with the ECM<br />
Regulation to entities in charge of maintenance for freight wagons, without prejudice to Article<br />
14a(8) of Directive 2004/49/EC.<br />
Nevertheless, as define in the Articles 12 of the ECM Regulation 445/2011/EU, there are<br />
different transitional periods related to special cases in the implementation of the ECM<br />
Regulation.<br />
8.2 What are the deadlines you need to have in mind?<br />
Starting from 31 May 2012, any ECM certificate shall be issued in accordance with the ECM<br />
Regulation to entities in charge of maintenance for freight wagons, without prejudice to Article<br />
14a(8) of Directive 2004/49/EC.<br />
Nevertheless, as defined in the Articles 12 of the ECM Regulation 445/2011/EU, there are<br />
different transitional periods related to special cases in the implementation of the ECM<br />
Regulation.<br />
These cases and periods can be summarised in the following ones:<br />
‣ Certificates issued by a certification body by no later than 31 May 2012 on the basis of<br />
principles and criteria equivalent to those of the Memorandum of Understanding (MoU)<br />
establishing the basic principles of a common system of certification of entities in charge of<br />
maintenance for freight wagons, signed by Member States on 14 May 2009, shall be<br />
recognised as being equivalent to ECM certificates issued under this Regulation for their<br />
original validity period until at the latest 31 May 2015.<br />
‣ Certificates issued by a certification body to entities in charge of maintenance by no later<br />
than 31 May 2012 on the basis of national laws existing before the entry into force of this<br />
Regulation and equivalent to this Regulation, in particular Articles 6 and 7 and Annexes I<br />
and III, shall be recognised as being equivalent to ECM certificates issued under this<br />
Regulation for their original period of validity until at the latest 31 May 2015.<br />
‣ Certificates issued to maintenance workshops by no later than 31 May 2014 on the basis<br />
of national laws existing before the entry into force of this Regulation and equivalent to this<br />
Regulation shall be recognised as being equivalent to certificates for maintenance<br />
workshops taking on the maintenance delivery function issued under this Regulation for<br />
their original period of validity until at the latest 31 May 2017.<br />
‣ Between 31 st may 2012 and 31 st may 2013, self-declarations of conformity of ECMs to<br />
the relevant requirements of the present Regulation or of the Memorandum of<br />
Understanding establishing the basic principles of a common system of certification of<br />
entities in charge of maintenance for freight wagons, signed by Member States on 14 May<br />
2009 shall be recognised as being equivalent to ECM certificates issued under this<br />
Regulation.<br />
‣ Railway undertakings and infrastructure managers which are already certified in<br />
accordance with Articles 10 and 11 of Directive 2004/49/EC by no later than 31 May 2012<br />
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