21)

the following Articles shall be inserted: ‘Article 21a ERTMS 1. The Agency, in coordination with the Commission, shall assume the tasks set out in paragraphs 2 to 5 with a view to (a) ensuring a coherent development of the ERTMS; (b) contributing to the compliance of ERTMS equipment as implemented in Member States with the specifications in force. 2. The Agency shall set up a procedure for managing requests for changes to specifications of the ERTMS. To this end, a register of requests for changes and planned changes to ERTMS specifications shall be set up and maintained by the Agency. The Agency shall recommend the adoption of a new version only when the previous version has been deployed at a sufficient rate. The development of new versions shall not be detrimental to the rate of deployment of the ERTMS, the stability of the specifications which is needed for the optimisation of the production of ERTMS equipment, the return of investment for railway undertakings and the efficient planning of the deployment of the ERTMS. 3. The Agency shall support the efforts of the Commission in developing an EU deployment plan for the ERTMS and coordinating installation of the ERTMS along the trans-European transport corridors. 4. The Agency shall develop a strategy for managing the different versions of the ERTMS with a view to ensuring technical and operational compatibility between networks and vehicles fitted with different versions and to providing incentives to the swift implementation of the version in force and of possible newer versions. In accordance with Article 6(9) of the Railway Interoperability Directive, the Agency shall ensure that successive versions of ERTMS equipment are backward compatible, as from the version adopted by the Commission on 23 April 2008. With regard to ERTMS equipment which was placed in service before 23 April 2008 or whose installation or upgrading was at an advanced stage of deployment on that date, the Agency shall prepare an assessment report which shall identify: (a) the additional costs to be borne by early implementers as a consequence of the introduction of the version adopted by the Commission on 23 April 2008; (b) all possible mechanisms, including financial ones, to support the migration from the earlier versions to the version referred to in point (a). The Commission shall take the appropriate measures within one year from the date on which it received the Agency's assessment report. 5. The Agency shall set up and chair an ad hoc working group of notified bodies with a view to checking that the EC procedures of verification carried out by notified bodies in the context of specific ERTMS projects are applied consistently. The Agency shall also cooperate with national safety authorities with a view to checking that the procedures for authorisation for placing in service are applied consistently. Where the Agency finds that there is a risk of lack of technical and operational compatibility between networks and vehicles fitted with equipment being subject to these procedures, it shall forthwith inform the Commission which shall take the appropriate measures. 6. Should technical incompatibilities emerge between networks and vehicles in the context of specific ERTMS projects, notified bodies and national safety authorities shall ensure that the Agency is able to obtain any relevant information on the applied procedures for “EC” verification and placing in service as well as on the operational conditions. The Agency shall, if necessary, recommend appropriate measures to the Commission. 7. The Agency shall evaluate the certification process of the ERTMS equipment by submitting to the Commission by 1 January 2011 a report containing, where appropriate, improvements to be made. 8. On the basis of the report referred to in paragraph 7, the Commission shall assess the costs and benefits of using a single type of laboratory equipment, a single reference track and/or a single certification body at Community level. Such certification body needs to comply with the criteria of Annex VIII of the Railway Interoperability Directive. The Commission may present a report and, if appropriate, bring forward a legislative proposal to improve the ERTMS certification system. Article 21b Assistance to the Commission 1. Within the limits of Article 30(2)(b), the Agency shall, at the request of the Commission, assist the Commission in the implementation of the Community legislation aimed at enhancing the level of interoperability of railway systems and at developing a common approach to safety on the European railway system. 2. This assistance shall be limited in time and scope, and carried out without prejudice to all other tasks assigned to the Agency in this Regulation and may include: (a) communicating information on how specific aspects of the Community legislation are implemented; (b) providing technical advice in matters requiring specific know-how; (c) collecting information through the cooperation of national safety authorities and investigation bodies provided for in Article 6(5). 3. The Executive Director shall report at least once a year to the Board on the implementation of this Article, including its impact on resources.’;