(13) The transitory measures established by this Decision should apply until 31 December 2020 pending the amendment of the Agreement with a view to extending to the Swiss rail network the role of the Agency in the area of safety certificates and vehicle authorisations. The Joint Committee should consider extending the transitory measures beyond 31 December 2020, if it is unlikely that legal provisions equivalent to Regulation (EU) 2016/796 and Directives (EU) 2016/797 and (EU) 2016/798 will be applied by 31 December 2020,

HAS DECIDED AS FOLLOWS:

Article 1

Annex 1 to the Agreement is replaced by the text of the Annex to this Decision.

Article 2

1. Compliance with the requirements applicable to the use of the Swiss railway network by a railway undertaking may be established by means of:

— a single safety certificate issued by the Agency in accordance with Article 10 of Directive (EU) 2016/798, and

— a decision by Switzerland verifying compliance with the Swiss national rules referred to in Article 6(1).

For the purposes of the first subparagraph, Switzerland shall recognise the single safety certificates issued by the Agency in accordance with Article 10 of Directive (EU) 2016/798.

Verification by the Swiss national authorities of compliance with the national rules shall be carried out within the time periods laid down in Article 6 of Commission Implementing Regulation (EU) 2018/763 (7).

2. When issuing a single safety certificate for using the European Union’s rail network, the Agency shall take into account as evidence the assessment carried out by Switzerland, for the purpose of issuing a safety certificate for the Swiss rail network, of the requirements of Swiss legislation corresponding to the relevant European Union legislation.

3. An applicant may apply at the same time for a single safety certificate and a decision to verify compliance with the Swiss national rules. In that case, the Agency and Switzerland shall cooperate to ensure that decisions on the application for a single safety certificate and on compliance with Swiss national rules are taken within the time periods laid down in Article 6 of Regulation (EU) 2018/763, and in accordance with the third subparagraph of paragraph 1.

Article 3

1. Compliance with the requirements for authorisations for the use of a vehicle on the Swiss rail network may be established by means of:

— an EU vehicle authorisation issued by the Agency in accordance with Articles 21 and 24 of Directive (EU) 2016/797, and

— a decision by Switzerland verifying compliance with the Swiss national rules referred to in Article 6(1).

For the purposes of the first subparagraph, Switzerland shall recognise the EU vehicle authorisations issued by the Agency in accordance with Articles 21 and 24 of Directive (EU) 2016/797.

Verification by Switzerland of compliance with the national rules shall be carried out within the time periods laid down in Article 34 of Commission Implementing Regulation (EU) 2018/545 (8).

2. When issuing an EU vehicle authorisation for using a vehicle on the European Union’s rail network, the Agency shall take into account as evidence the assessment carried out by Switzerland, for the purpose of issuing a vehicle authorisation for the Swiss rail network, of the requirements of Swiss legislation corresponding to the relevant European Union legislation.