Article 3System of Certification
1
Without prejudice to Article 15(1) of Directive (EU) 2016/798, any entity in charge of maintenance shall satisfy the requirements of Annex II, in respect of all vehicles subject to Directive (EU) 2016/798.
2
An ECM certification establishing compliance with the requirements of Annex II shall be mandatory for any entity in charge of maintenance:
a
responsible for the maintenance of freight wagons, or
b
which is not a railway undertaking or an infrastructure manager maintaining vehicles exclusively for its own operations.
3
Any entity in charge of maintenance of vehicles other than those mentioned in paragraph 2, may apply for ECM certification.
4
Compliance with Annex II shall be demonstrated either through an ECM certification or, without prejudice to paragraph 2, in case of railway undertakings through the process of safety certification or in case of infrastructure managers through the process of safety authorisation.
5
The ECM certificate granted to a railway undertaking or an infrastructure manager shall be deemed evidence of compliance with points 5.2.4 and 5.2.5 both of Annex I and Annex II to Commission Delegated Regulation (EU) 2018/7628 as regards maintenance of vehicles.