PART 2Subsystems

Essential requirements for project subsystems15

1

For the purposes of these Regulations, the essential requirements for a project subsystem are deemed to be met if the project subsystem conforms with —

a

all applicable F2NTSNs;

b

where paragraph (2) applies, the requirements of all applicable F3NTRs, subject to any dispensation granted under regulation 46(1); and

c

where such a dispensation applies, any conditions of that dispensation.

F11A

For the purposes of paragraph (1)(a), a project subsystem is deemed to conform with an applicable NTSN, save for any UK specific case set out in that NTSN, if—

a

the person applying for an authorisation provides evidence that the project subsystem has been assessed under EU law as conforming with a TSI in force at the time when the application for authorisation is made; and

b

the applicable NTSN specifies that it substantially reproduces the provisions of that TSI, in accordance with regulation 3B(7).

2

This paragraph applies to a project subsystem where—

a

there are no applicable F4NTSNs;

b

a relevant F5NTSN does not govern all elements of the project subsystem;

F6c

an exemption from conformity with the whole or part of a relevant NTSN has been granted in accordance with regulations 14 and 14A in relation to that subsystem; or

d

the Competent Authority has determined under regulation 13 that the whole or part of F7an NTSN does not apply to that subsystem.