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Commission Implementing Regulation (EU) 2018/867 CHAPTER III — ARBITRATION

Article 19–Article 22 · 4 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Request for Arbitration

Article 19

1.   A request for arbitration in accordance with Article 61 of Regulation (EU) 2016/796 may be filed by the national safety authority or authorities concerned. 2.   It shall be filed with the Registrar which shall notify the Agency and the Board of Appeal thereof within 1 working day.

Request for ERTMS Arbitration

Article 20

1.   The Agency shall notify the Registrar of a coordination process in accordance with Article 30(2) of Regulation (EU) 2016/796, and of the parties and deadlines involved. 2.   In the absence of a mutually acceptable solution after 1 month of coordination the Registrar shall refer the proceedings to the Board of Appeal for arbitration, and inform the parties involved thereof.

Procedure for Arbitration

Article 21

1.   The Board of Appeal shall have 1 month to decide whether to uphold the Agency's position. 2.   Any appropriate provision in Chapter II applies mutatis mutandis .

Decision of the Board of Appeal

Article 22

The decision of the Board of Appeal shall contain at least the following elements: (a) the names of the parties and of their representatives, if applicable; (b) a summary of the disputed facts and issues; (c) the respective positions and arguments of the parties; (d) an analysis of the findings; (e) operative part containing the decision;

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