(2)

The following Articles 8a, 8b and 8c are inserted: ‘Article 8a 1. Notwithstanding the provisions in Section 6.3 of the Annex, an EC certificate of verification may be issued for a subsystem containing components corresponding to the “friction element for wheel tread brakes” interoperability constituent that does not have an EC declaration of conformity during a transition period of 10 years after the date of application of this Regulation, if the following conditions are met: (a) the component was manufactured before the date of application of this Regulation; and (b) the interoperability constituent has been used in a subsystem that had been approved and placed in service in at least one Member State before the date of application of this Regulation. 2. The production, upgrade or renewal of any subsystem using non-certified interoperability constituents shall be completed, including granting authorisation for placing in service of the subsystem, before the transition period set out in paragraph 1 expires. 3. During the transition period set out in paragraph 1: (a) the reasons for non-certification of any interoperability constituents shall be properly identified in the verification procedure for the subsystem referred to in paragraph 1; and (b) national safety authorities shall report in their annual report, as referred to in Article 18 of Directive 2004/49/EC, on the use of non-certified “friction element for wheel tread brakes” interoperability constituents in the context of authorisation procedures. Article 8b 1. Until the expiry of their current approval period, “friction element for wheel tread brakes” interoperability constituents listed in Appendix G of the Annex do not need to be covered by an EC declaration of conformity. During this period, “friction elements for wheel tread brakes” listed in Appendix G of the Annex shall be deemed to be compliant with this Regulation. 2. After their current approval period expires, “friction element for wheel tread brakes” interoperability constituents listed in Appendix G of the Annex shall be covered by EC declaration of conformity. Article 8c 1. Notwithstanding the provisions in Section 6.3 of the Annex, an EC certificate of verification may be issued for a subsystem containing components corresponding to the “friction element for wheel tread brakes” interoperability constituent that does not have an EC declaration of conformity during a transition period of 10 years after the expiry of the approval period of the interoperability constituent, if the following conditions are met: (a) the component was manufactured before the expiry of the approval period of the interoperability constituent; and (b) the interoperability constituent has been used in a subsystem that had been approved and placed in service in at least one Member State before the expiry of its approval period. 2. The production, upgrade or renewal of any subsystem using non-certified interoperability constituents shall be completed, including granting authorisation for placing in service of the subsystem, before the transition period set out in paragraph 1 expires. 3. During the transition period set out in paragraph 1: (a) the reasons for non-certification of any interoperability constituents shall be properly identified in the verification procedure for the subsystem referred to in paragraph 1; and (b) the national safety authorities shall report in their annual report, as referred to in Article 18 of Directive 2004/49/EC, on the use of non-certified “friction element for wheel tread brakes” interoperability constituents in the context of authorisation procedures.’