Error corrections
Article 6
Regulation (EU) 2016/919 is amended as follows: (1) Article 2 is amended as follows: (a) paragraph 1 is replaced by: ‘1. The TSI shall apply to all new, upgraded or renewed “trackside control-command and signalling” and “on-board control-command and signalling subsystems of the rail system as defined in points 2.3 and 2.4 of Annex II to Directive (EU) 2016/797 of the European Parliament and of the Council ( *1 ) . Section 7.2.1a of the Annex shall apply to all changes to an existing On-Board subsystem. ( *1 ) 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 ).’;" (b) in paragraph 2, the words ‘Article 20 of Directive 2008/57/EC and’ are deleted; (c) paragraph 3 is deleted; (2) in Article 3(1), the reference to ‘Article 17(3) of Directive 2008/57/EC’ is replaced by a reference to ‘Article 14 of Directive (EU) 2016/797’; (3) Article 5 is deleted; (4) Article 6 is amended as follows: (a) in paragraph 2, the reference to ‘Articles 13 and 18 of Directive 2008/57/EC’ is replaced by the reference to ‘Articles 10 and 15 of Directive (EU) 2016/797’; (b) in paragraph 3, the reference to ‘Article 16 of Directive 2004/49/EC’ is replaced by a reference to ‘Article 16 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 ).’; (5) Article 9 is amended as follows: (a) in paragraph 4, the reference to ‘Article 29(1) of Directive 2008/57/EC’ is replaced by a reference to ‘Article 51(1) of Directive (EU) 2016/797’; (b) in paragraph 5, the reference to ‘points 7.3.2.1, 7.3.2.2 and 7.3.2.3 of Decision 2012/88/EU’ is replaced by a reference to ‘Article 2(1) of Commission Implementing Regulation (EU) 2017/6 (*) and point 7.4.1.1 of the Annex to this Regulation. (*) Commission Implementing Regulation (EU) 2017/6 of 5 January 2017 on the European Rail Traffic Management System European deployment plan ( OJ L 3, 6.1.2017, p. 6 )’; (6) Articles 10 and 11 are replaced by the following: ‘Article 10 Error corrections If errors that do not allow the system to provide a normal service are detected, the Agency shall of its own motion or at the request of the Commission identify as soon as possible solutions to correct them and an evaluation of their impact on the compatibility and stability of the existing ERTMS deployment. In such cases, the Agency shall send to the Commission an opinion on such solutions and the evaluation. The Commission shall analyse the Agency's opinion, assisted by the committee referred to in Article 51(1) of Directive (EU) 2016/797, and may recommend that the solutions specified in the Agency's opinion apply until the next revision of the TSI. Article 11 ERTMS game changers 1. By June 2021, taking into consideration the input from Shift2Rail and the Agency, the Commission shall issue a report on the definition of the next generation communication system. The report shall include the conditions and possible strategies for the migration to that system with due considerations for the coexistence of the system and spectrum requirements. 2. Where the Agency has issued an opinion with the draft release specifications relating to an ERTMS game changer as identified within ERA-REP-150, suppliers and early implementers shall use those specifications in their pilots and shall inform the Agency.’; (7) the following Article 11a is inserted: ‘Article 11a ERTMS compatibility and future revision 1. By 1 June 2020, the Agency shall send a report to the Commission on the implementation of ETCS system compatibility (ESC) and radio system compatibility (RSC). The report shall include an assessment of the differing types of ESC and RSC, and the potential for reducing the underlying technical divergences of ESC and RSC types. Member States shall provide the Agency with the necessary information to complete the analysis. 2. By 1 December 2021, the Commission shall, based on input from the Agency, define the necessary steps to eliminate the tests or checks to prove technical compatibility of on-board units with different ERTMS trackside implementations, in particular to achieve harmonisation of engineering and operational rules at Member State level and between Member States. Member States shall provide the Commission and the Agency with the necessary information to complete the analysis. 3. By 1 December 2020, the Agency shall send a report to the Commission on the potential for including further elements of trackside and vehicle control-command and signalling system architecture, in particular to achieve a future proof design, facilitating the use of state of the art technology and ensuring backward compatibility.’; (8) the following paragraphs 2 and 3 are added in Article 13: ‘2. Member States may only in duly justified cases permit applicants not to apply Section 7.4.2.1 of the Annex pursuant to Article 7(1)(a) of Directive 2016/797/EC for projects for which the possibility to apply section 7.4.2.3 of the Annex exists or has expired. The application of section 7.4.2.3 of the Annex does not require the application of Article 7(1)(a) of Directive 2016/797/EC. 3. Without prejudice to sections 6.1.2.4 and 6.1.2.5 of the Annex, applicants may continue to apply the provisions of the original version of Regulation (EU) 2016/919 (and relevant Agency opinions) when applying for authorisation of: (a) trackside projects which are at an advanced stage of development at the date of entry into force of this Regulation; and (b) on-board projects developed in accordance with ERTMS specifications #2 or #3 listed in Table A.2 of Annex A which are at an advanced stage of development at the date of entry into force of this Regulation’; (9) the Annex is amended in accordance with Annex VII to this Regulation.’.