In the case of tunnels whose design has been approved but which have not been opened to public traffic by 1 May 2006, the administrative authority shall assess their compliance with the requirements of this Directive, with specific reference to the safety documentation provided for in Annex II.

Where the administrative authority finds that a tunnel does not comply with the provisions of this Directive, it shall notify the Tunnel Manager that appropriate measures must be taken to increase safety and shall inform the Safety Officer.

The tunnel shall then be commissioned in accordance with the procedure laid down in Annex II.