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Commission Implementing Regulation (EU) 2018/763Show full title

Commission Implementing Regulation (EU) 2018/763 of 9 April 2018 establishing practical arrangements for issuing single safety certificates to railway undertakings pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council, and repealing Commission Regulation (EC) No 653/2007 (Text with EEA relevance)

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8.SPECIFIC PROVISIONS FOR THE UPDATE OF A SINGLE SAFETY CERTIFICATEU.K.

8.1.A single safety certificate shall be updated whenever there is a substantial change proposed to the type or extent of operation in accordance with Article 10(13) of Directive (EU) 2016/798, or in case of extension of the area of operation in accordance with Article 10(14) of that Directive.U.K.

8.2.Where it intends to make any change referred to in point 8.1, the railway undertaking holding the single safety certificate shall notify the safety certification body without delay.U.K.

8.3.Following the notification by the railway undertaking as referred to in point 8.2, the safety certification body shall:U.K.

(a)

check that the change relating to any potential application is clearly described and that potential safety risks are assessed;

(b)

discuss with the railway undertaking and the national safety authorities concerned with the intended area of operation the need for an update of the single safety certificate.

8.4.The safety certification body in coordination with the national safety authorities concerned with the intended area of operation may make further enquiries with the applicant. Where the safety certification body agrees that the proposed change is not substantial, it shall inform the applicant in writing that an update is not required, keeping a record of the decision for the registered file.U.K.

8.5.In the case of an update application, the safety certification body and the national safety authorities concerned with the intended area of operation shall:U.K.

(a)

check details of changes to the evidence submitted in the previous application upon which the current certificate was issued;

(b)

consider the results of past supervision activities as referred to in Article 5 of Delegated Regulation (EU) 2018/761, and in particular, issues relating to the ability of the applicant to effectively implement and monitor its change management process;

(c)

prioritise or target the relevant safety management system requirements and notified national rules in order to assess the update application.

8.6.The safety certification body and the national safety authorities concerned with the intended area of operation shall take a proportionate approach to re-assessment, based on the degree of changes proposed.U.K.

8.7.An application to the safety certification body to update a single safety certificate shall not lead to the extension of its validity period.U.K.

8.8.The safety certification body shall decide at the request of the applicant whether the single safety certificate needs to be updated where the conditions under which the single safety certificate was issued are to be changed without any impact on the type, extent or area of operation.U.K.

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