Article 4
Regulation (EU) No 1302/2014 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, paragraph 2 is replaced by the following: ‘2. The TSI shall not apply to existing rolling stock of the rail system in the Union which is already placed in service on all or part of the network of any Member State on 1 January 2015, except when it is subject to renewal or upgrading in accordance with Section 7.1.2 of the Annex.’; (3) Article 4 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. With regard to the aspects listed as “open points” in Appendix I of the Annex, the conditions to be complied with for verifying the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down by national rules in force in the Member States which are 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) in Article 5, paragraph 1 is replaced by the following: ‘1. With regard to specific cases listed in Section 7.3 of the Annex, the conditions to be met for the verification of the essential requirements set out in Annex III to 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 States which are part of the area of use of the vehicles covered by this Regulation’; (5) point (c) of paragraph 2 of Article 5 is replaced by the following: ‘(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’; (6) Article 8(3) is amended as follows: (a) in point (a), the references to ‘Article 18 of Directive 2008/57/EC’ and ‘Article 16(2)(c) of Directive 2004/49/EC’ are replaced by a reference to ‘Article 15 of Directive (EU) 2016/797’; (b) in point (b) the references to ‘Article 16(2)(c) of Directive 2004/49/EC’ and ‘Article 18 of Directive 2004/49/EC’ are replaced by references to ‘Article 16(2)(d) 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 ).’ and ‘Article 19 of Directive (EU) 2016/798’ respectively; (7) in Article 9, the references to ‘Articles 16 to 18 of Directive 2008/57/EC’ and ‘Article 26 of Directive 2008/57/EC’ are replaced by references to ‘Articles 13 to 15 of Directive (EU) 2016/797’ and ‘Article 24 of Directive (EU) 2016/797’ respectively; (8) Article 10 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’; (9) the following paragraph 3 is added in Article 11: ‘3. Section 7.1.3.1 of the Annex to this Regulation shall not apply for vehicles placed on the market after 31 December 2028. Vehicles placed on the market after that date shall be conform to chapters 4, 5 and 6 of the Annex to the present Regulation.’; (10) the following paragraph 4 is added in Article 11: ‘4. Member States may only in duly justified cases permit applicants not to apply this Regulation or parts of it pursuant to Article 7(1)(a) of Directive 2016/797/EC for projects for which the possibility to apply sections 7.1.1.2 or 7.1.3.1 of the Annex exists or has expired. The application of sections 7.1.1.2 or 7.1.3.1 of the Annex does not require the application of Article 7(1)(a) of Directive 2016/797/EC.’; (11) the Annex is amended in accordance with Annex IV to this Regulation.