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 on a system of certification of entities in charge of maintenance for freight wagons – VERSION 1.0 8 IMPLEMENTATION OF THE REGULATION 445/201 8.1 What does the transitional period mean? Starting from 31 May 2012, any ECM certificate shall be issued in accordance with the ECM Regulation to entities in charge of maintenance for freight wagons, without prejudice to Article 14a(8) of Directive 2004/49/EC. Nevertheless, as define in the Articles 12 of the ECM Regulation 445/2011/EU, there are different transitional periods related to special cases in the implementation of the ECM Regulation. 8.2 What are the deadlines you need to have in mind? Starting from 31 May 2012, any ECM certificate shall be issued in accordance with the ECM Regulation to entities in charge of maintenance for freight wagons, without prejudice to Article 14a(8) of Directive 2004/49/EC. Nevertheless, as defined in the Articles 12 of the ECM Regulation 445/2011/EU, there are different transitional periods related to special cases in the implementation of the ECM Regulation. These cases and periods can be summarised in the following ones: ‣ Certificates issued by a certification body by no later than 31 May 2012 on the basis of principles and criteria equivalent to those of the Memorandum of Understanding (MoU) establishing the basic principles of a common system of certification of entities in charge of maintenance for freight wagons, signed by Member States on 14 May 2009, shall be recognised as being equivalent to ECM certificates issued under this Regulation for their original validity period until at the latest 31 May 2015. ‣ Certificates issued by a certification body to entities in charge of maintenance by no later than 31 May 2012 on the basis of national laws existing before the entry into force of this Regulation and equivalent to this Regulation, in particular Articles 6 and 7 and Annexes I and III, shall be recognised as being equivalent to ECM certificates issued under this Regulation for their original period of validity until at the latest 31 May 2015. ‣ Certificates issued to maintenance workshops by no later than 31 May 2014 on the basis of national laws existing before the entry into force of this Regulation and equivalent to this Regulation shall be recognised as being equivalent to certificates for maintenance workshops taking on the maintenance delivery function issued under this Regulation for their original period of validity until at the latest 31 May 2017. ‣ Between 31 st may 2012 and 31 st may 2013, self-declarations of conformity of ECMs to the relevant requirements of the present Regulation or of the Memorandum of Understanding establishing the basic principles of a common system of certification of entities in charge of maintenance for freight wagons, signed by Member States on 14 May 2009 shall be recognised as being equivalent to ECM certificates issued under this Regulation. ‣ Railway undertakings and infrastructure managers which are already certified in accordance with Articles 10 and 11 of Directive 2004/49/EC by no later than 31 May 2012 Page | 52
Guide for the application of the Art 14 (a) of the Safety Directive and Commission Regulation (EU) No 445/2011 on a system of certification of entities in charge of maintenance for freight wagons – VERSION 1.0 (safety certificates and safety authorisations) need not apply for an ECM certificate for the original period of validity of their certificates for maintaining the wagons they are responsible for as entity in charge of maintenance. Article 10(1) 30/11 Member States Beginning of • Accreditation self-declared ECM • Recognition • NSA Article 12(6) 31/05 ECM End of validity of any self-declared ECM Transitional provisions Revision Regulation 445/2011/EC 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Article 12(2) Article 12(3) Beginning of ECM MoU certificate Regulation 445/2011/EC 31/05 ECM • Start validity of ECM certificates 445/2011/EC • Certification according to ECM MoU no longer accepted 31/05 ECM End of validity of any ECM MoU certificate Page | 53
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