Article 1
Regulation (EU) No 321/2013 is amended as follows: (1) in Article 2(1), the reference to ‘point 2.7 of Annex II to Directive 2008/57/EC’ is replaced by a reference to ‘point 2.7 of Annex II to Directive (EU) 2016/797 of the European Parliament and of the Council (*) (*) Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union ( OJ L 138, 26.5.2016, p. 44 ).’; (2) in Article 3, the second subparagraph is amended as follows: (a) point (a) is replaced by the following: ‘(a) when it is renewed and upgraded in accordance with section 7.2.2 of the Annex to this Regulation’; (b) point (c) is replaced by the following: ‘(c) with regards to the marking “GE” as depicted in point 5 of Appendix C of the Annex, wagons of the existing fleet which have been authorised in accordance with Commission Decision 2006/861/EC as amended by Decision 2009/107/EC or with Decision 2006/861/EC as amended by Decisions 2009/107/EC and 2012/464/EU and meeting the conditions set out in point 7.6.4 of Decision 2009/107/EC may receive this marking “GE” without any additional third party assessment or new authorisation for placing on the market. The use of this marking in wagons in operation remains under the responsibility of the railway undertakings.’; (3) Article 4 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. With regard to “open points” set out in Appendix A, the conditions to be complied with for the verification of the essential requirements of Directive (EU) 2016/797 shall be those laid down by national rules in force in the Member State which is part of the area of use of the vehicles covered by this Regulation’; (b) point (c) of paragraph 2 is replaced as follows: ‘(c) the bodies designated to carry out the conformity assessment and verification procedures with respect to the open points’; (4) Article 5 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. With regard to specific cases set out in Section 7.3 of the Annex, the conditions to be met for the verification of the essential requirements of Directive (EU) 2016/797 shall be those laid down in Section 7.3 of the Annex or by national rules in force in the Member State which is part of the area of use of the vehicles covered by this Regulation’; (b) point (c) of paragraph 2 is replaced as follows: ‘(c) the bodies designated to carry out the conformity assessment and verification procedures for the national rules relating to the specific cases set out in point 7.3 of the Annex’; (5) Article 8 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. An EC certificate of verification for a subsystem that contains interoperability constituents which do not have an EC declaration of conformity or suitability for use may be issued during a transition period ending on 1 January 2024, provided the provisions set out in Section 6.3 of the Annex are met.’; (b) paragraph 2 is replaced by the following: ‘2. The production or upgrade/renewal of the subsystem using non-certified interoperability constituents shall be completed within the transition period set out in paragraph 1, including placing on the market.’; (c) in point (b) of paragraph 3, the reference to ‘Article 18 of Directive 2004/49/EC’ is replaced by a reference to ‘Article 19 of Directive (EU) 2016/798 of the European Parliament and of the Council (*) (*) Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety ( OJ L 138, 26.5.2016, p. 102 ).’; (d) paragraph 4 is replaced by the following: ‘4. After a transition period ending on 1 January 2015, newly produced interoperability constituents of “rear-end signals”, shall be covered by the required EC declaration of conformity.’; (6) Article 8a is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. Notwithstanding the provisions in Section 6.3 of the Annex, an EC certificate of verification may be issued for a subsystem containing components corresponding to the “friction element for wheel tread brakes” interoperability constituent that does not have an EC declaration of conformity during a transition period ending on 1 January 2024, if the following conditions are met: (a) the component was manufactured before the date of application of this Regulation; and (b) the interoperability constituent has been used in a subsystem that had been approved and placed on the market in at least one Member State before the date of application of this Regulation.’; (b) paragraph 2 is replaced by the following: ‘2. The production, upgrade or renewal of any subsystem using non-certified interoperability constituents shall be completed, including granting authorisation for placing on the market, before the transition period set out in paragraph 1 expires.’; (c) in point (b) of paragraph 3, the reference to ‘Article 18 of Directive 2004/49/EC’ is replaced by a reference to ‘Article 19 of Directive (EU) 2016/798’; (7) Article 8 c is amended as follows: (a) point (b) of paragraph 1 is replaced by the following: ‘(b) the interoperability constituent has been used in a subsystem that had been approved and placed on the market in at least one Member State before the expiry of its approval period.’; (b) paragraph 2 is replaced by the following: ‘2. The production, upgrade or renewal of any subsystem using non-certified interoperability constituents shall be completed, including granting authorisation for placing on the market, before the transition period set out in paragraph 1 expires.’; (c) in point (b) of paragraph 3, the reference to ‘Article 18 of Directive 2004/49/EC’ is replaced by a reference to ‘Article 19 of Directive (EU) 2016/798’; (8) Article 9 is amended as follows: ‘The declaration of verification and/or conformity to type of a new vehicle established in accordance with Decision 2006/861/EC shall be considered valid until the end of a transition period ending on 1 January 2017.’; (9) Article 10a is amended as follows: (a) in paragraph 4, the reference to ‘Article 6 of Directive 2008/57/EC’ is replaced by a reference to ‘Article 5 of Directive (EU) 2016/797’; (b) in paragraph 5, the reference to ‘Directive 2008/57/EC’ is replaced by a reference to ‘Directive (EU) 2016/797’; (10) the Annex is amended in accordance with Annex I to this Regulation.