CELEX: 52021PC0546
Language: en
Date: 2021-09-10
Title: Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee, concerning the amendment to Annex XIII (Transport) to the EEA Agreement (3rd and 4th Railway Packages)

EUROPEAN COMMISSION
            Brussels, 10.9.2021
            COM(2021) 546 final
            2021/0288(NLE)
            Proposal for a
            COUNCIL DECISION 
            on the position to be adopted, on behalf of the European Union,within the EEA Joint Committee, concerning the amendmentto Annex XIII (Transport) to the EEA Agreement(3rd and 4th Railway Packages)
            (Text with EEA relevance)
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.Subject matter of the proposal
            
            
               This proposal concerns the decision establishing the position to be adopted on the Union's behalf in the EEA Joint Committee in connection with the envisaged adoption of the Joint Committee Decisions concerning an amendment of Annex XIII (Transport) to the EEA Agreement.
            
            
               2.Context of the proposal
            
            
               2.1.The EEA Agreement
            
            
               The Agreement on the European Economic Area (‘the EEA Agreement’) guarantees equal rights and obligations within the Internal Market for citizens and economic operators in the EEA. It provides for the inclusion of EU legislation covering the four freedoms throughout the 30 EEA States comprising of EU Member States, Norway, Iceland and Liechtenstein. In addition, the EEA Agreement covers cooperation in other important areas such as research and development, education, social policy, the environment, consumer protection, tourism and culture, collectively known as “flanking and horizontal” policies. The Agreement entered into force on 1 January 1994. The European Union together with its Member States is a party to the Agreement.
            
            
               2.2.The EEA Joint Committee
            
            
               The EEA Joint Committee is responsible for the management of the EEA Agreement. It is a forum for exchanging views linked to functioning of the EEA Agreement. Its decisions are taken by consensus.  In accordance with the Treaty of Lisbon, responsibility for coordinating EEA matters on the EU side is with the European External Action Service. 
            
            
               2.3.The envisaged act of the EEA Joint Committee
            
            
               The EEA Joint Committee is expected to adopt two EEA Joint Committee Decisions (‘the envisaged acts’) regarding the amendment of Annex XIII (Transport) to the EEA Agreement. The purpose of the envisaged acts is to incorporate 38 legal acts forming the 3rd and 4th Railway Packages into the EEA Agreement as follows: 
            
            
               Annex 1 – 3rd Railway Package
            
            
               1.Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area
                  1
               , as corrected by OJ L 67, 12.3.2015, p. 32; 
            
            
               2.Directive (EU) 2016/2370 of the European Parliament and of the Council of 14 December 2016 amending Directive 2012/34/EU as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure
                  2
               ;
            
            
               3.Commission Implementing Regulation (EU) 2015/171 of 4 February 2015 on certain aspects of the procedure of licensing railway undertakings
                  3
               ;
            
            
               4.Commission Implementing Regulation (EU) 2015/429 of 13 March 2015 setting out the modalities to be followed for the application of the charging for the cost of noise effects
                  4
               ;
            
            
               5.Commission Implementing Regulation (EU) 2015/909 of 12 June 2015 on the modalities for the calculation of the cost that is directly incurred as a result of operating the train service
                  5
               ;
            
            
               6.Commission Implementing Regulation (EU) 2015/1100 of 7 July 2015 on the reporting obligations of the Member States in the framework of rail market monitoring
                  6
               ;
            
            
               7.Commission Implementing Regulation (EU) 2016/545 of 7 April 2016 on procedures and criteria concerning framework agreements for the allocation of rail infrastructure capacity
                  7
               ;
            
            
               8.Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 on access to service facilities and rail-related services
                  8
               ;
            
         
         
            
               9.Commission Implementing Regulation (EU) 2018/1795 of 20 November 2018 laying down procedure and criteria for the application of the economic equilibrium test pursuant to Article 11 of Directive 2012/34/EU of the European Parliament and of the Council
                  9
               ;
            
            
               10.Commission Delegated Decision (EU) 2017/2075 of 4 September 2017 replacing Annex VII to Directive 2012/34/EU of the European Parliament and of the Council establishing a single European railway area
                  10
               
            
            
               Annex 2 – 4th Railway Package
            
            
               1.Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004
                  11
               ;
            
            
               2.Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (recast)
                  12
               ;
            
            
               3.Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (recast)
                  13
               , as corrected by OJ L 59, 7.3.2017, p. 41 and by OJ L 317, 9.12.2019, p. 144-144;
            
            
               4.Regulation (EU) 2016/2338 of the European Parliament and of the Council of 14 December 2016 amending Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail
                  14
               ;
            
            
               5.Commission Regulation (EU) 2019/554 of 5 April 2019 amending Annex VI to Directive 2007/59/EC of the European Parliament and of the Council on the certification of train drivers operating locomotives and trains on the railway system in the Community
                  15
               ;
            
            
               6.Commission Regulation (EU) No 1305/2014 of 11 December 2014 on the technical specification for interoperability relating to the telematics applications for freight subsystem of the rail system in the European Union and repealing the Regulation (EC) No 62/2006
                  16
               ;
            
            
               7.Commission Delegated Regulation (EU) 2018/761 of 16 February 2018 establishing common safety methods for supervision by national safety authorities after the issue of a single safety certificate or a safety authorisation pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 1077/2012
                  17
               ;
            
            
               8.Commission Delegated Regulation (EU) 2018/762 of 8 March 2018 establishing common safety methods on safety management system requirements pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulations (EU) No 1158/2010 and (EU) No 1169/2010
                  18
               ;
            
            
               9.Commission Implementing Regulation (EU) 2017/6 of 5 January 2017 on the European Rail Traffic Management System European deployment plan
                  19
               ;
            
            
               10.Commission Implementing Regulation (EU) 2018/278 of 23 February 2018 amending the Annex to Regulation (EU) No 1305/2014 as regards the structure of the messages, data and message model, Wagon and Intermodal Unit Operating Database, and to adopt an IT standard for the communication layer of the Common Interface
                  20
               ;
            
            
               11.Commission Implementing Regulation (EU) 2018/545 of 4 April 2018 establishing practical arrangements for the railway vehicle authorisation and railway vehicle type authorisation process pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council
                  21
               ;
            
            
               12.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
                  22
               ;
            
            
               13.Commission Implementing Regulation (EU) 2018/764 of 2 May 2018 on the fees and charges payable to the European Union Agency for Railways and their conditions of payment
                  23
               ;
            
            
               14.Commission Implementing Regulation (EU) 2018/867 of 13 June 2018 laying down the rules of procedure of the Board(s) of Appeal of the European Union Agency for Railways
                  24
               ;
            
            
               15.Commission Implementing Regulation (EU) 2018/868 of 13 June 2018 amending Regulation (EU) No 1301/2014 and Regulation (EU) No 1302/2014 as regards provisions on energy measuring system and data collecting system
                  25
               ;
            
            
               16.Commission Implementing Regulation (EU) 2019/250 of 12 February 2019 on the templates for ‘EC’ declarations and certificates for railway interoperability constituents and subsystems, on the model of declaration of conformity to an authorised railway vehicle type and on the ‘EC’ verification procedures for subsystems in accordance with Directive (EU) 2016/797 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 201/2011
                  26
               ;
            
            
               17.Commission Implementing Regulation (EU) 2019/772 of 16 May 2019 amending Regulation (EU) No 1300/2014 as regards inventory of assets with a view to identifying barriers to accessibility, providing information to users and monitoring and evaluating progress on accessibility
                  27
               ;
            
         
         
            
               18.Commission Implementing Regulation (EU) 2019/773 of 16 May 2019 on the technical specification for interoperability relating to the operation and traffic management subsystem of the rail system within the European Union and repealing Decision 2012/757/EU
                  28
               ;
            
            
               19.Commission Implementing Regulation (EU) 2019/774 of 16 May 2019 amending Regulation (EU) No 1304/2014 as regards application of the technical specification for interoperability relating to the subsystem ‘rolling stock — noise’ to the existing freight wagons
                  29
               ;
            
            
               20.Commission Implementing Regulation (EU) 2019/775 of 16 May 2019 amending Regulation (EU) No 454/2011 as regards Change Control Management
                  30
               ;
            
            
               21.Commission Implementing Regulation (EU) 2019/776 of 16 May 2019 amending Commission Regulations (EU) No 321/2013, (EU) No 1299/2014, (EU) No 1301/2014, (EU) No 1302/2014, (EU) No 1303/2014 and (EU) 2016/919 and Commission Implementing Decision 2011/665/EU as regards the alignment with Directive (EU) 2016/797 of the European Parliament and of the Council and the implementation of specific objectives set out in Commission Delegated Decision (EU) 2017/1474
                  31
               ;
            
            
               22.Commission Implementing Regulation (EU) 2019/777 of 16 May 2019 on the common specifications for the register of railway infrastructure and repealing Implementing Decision 2014/880/EU
                  32
               ;
            
            
               23.Commission Implementing Regulation (EU) 2019/778 of 16 May 2019 amending Regulation (EU) No 1305/2014 as regards Change Control Management
                  33
               ;
            
            
               24.Commission Implementing Regulation (EU) 2019/779 of 16 May 2019 laying down detailed provisions on a system of certification of entities in charge of maintenance of vehicles pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 445/2011
                  34
               ;
            
            
               25.Commission Implementing Regulation (EU) 2020/387 of 9 March 2020 amending Regulations (EU) No 321/2013, (EU) No 1302/2014 and (EU) 2016/919 as regards the extension of the area of use and transition phases
                  35
               ;
            
            
               26.Commission Implementing Regulation (EU) 2020/424 of 19 March 2020 on submitting information to the Commission as regards non-application of technical specifications for interoperability in accordance with Directive (EU) 2016/797
                  36
               ;
            
            
               27.Commission Directive 2014/38/EU of 10 March 2014 amending Annex III to Directive 2008/57/EC of the European Parliament and of the Council as far as noise pollution is concerned
                  37
               ; 
            
            
               28.Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC
                  38
               . 
            
            
               3.Position to be taken on the Union's behalf
            
            
               The Commission services submit the draft Decisions of the EEA Joint Committee for adoption by the Council as the Union’s position. The Commission would hope to be able to present it in the EEA Joint Committee at the earliest possible opportunity.
            
            
               The content and nature of the annexed draft Decisions of the EEA Joint Committee go beyond what can be considered mere technical adaptations in the sense of the Council Regulation No 2894/94. The Union position shall therefore be established by the Council.
            
            
               The annexed Decisions of the EEA Joint Committee contain inter-alia the following adaptations. 
            
            
               3rd Railway Package 
            
            
               Directive 2012/34 - Article 40(2) – adaptation (1c)
            
            
               Article 40(2) sets out that the Commission shall be informed of and invited to attend as an observer the main meetings at which common principles and practices for allocation of infrastructure are developed. The adaptations clarify that the EFTA Surveillance Authority shall be informed and invited to the meetings on the same terms as the Commission, reflecting the two-pillar structure of the EEA Agreement. 
            
            
               Directive 2012/34 - Article 15(5) - adaptation (1d)
            
            
               Article 15(5) sets out requirements related to the annual submission of information on the use of the networks and the evolution of framework conditions in the rail sector. According to a concession agreement between Liechtenstein and Austria, the Liechtenstein obligation to supply on an annual basis the necessary information on the use of the networks and the evolution of framework conditions in the rail sector shall be fulfilled by the Austrian railway federation, as the Austrian railway federation owns and operates the entire existing railway infrastructure in Liechtenstein. From the perspective of the Austrian railway federation the railway network/infrastructure on Liechtenstein soil is part of their own and is operated and supervised accordingly. Therefore, a paragraph shall be added to Article 15 setting out that the obligation in Article 15(5) shall not be applicable to Liechtenstein insofar as an EU Member State has provided, for a given year, data to the Commission that include the territory of Liechtenstein. It shall apply to all other data covered by Article 15(5).
            
         
         
            
               4th Railway Package 
            
            
               Article 55 – Boards of Appeal
            
            
               An adaptation to Regulation (EU) 2016/796, Article 55 foresees that EEA EFTA nationals shall be eligible as members of the Boards of Appeal, which implies also a right to vote. The same type of adaptation was used when the Regulation establishing a European Aviation Safety Agency was incorporated into EEA Agreement by EEA Joint Committee Decision No 163/2011.
            
            
               4.Legal basis
            
            
               4.1.Procedural legal basis
            
            
               4.1.1.Principles
            
            
               Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
            
            
               The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’
                  39
               .
            
            
               4.1.2.Application to the present case
            
            
               The EEA Joint Committee is a body set up by an agreement, namely the EEA Agreement. The two acts, which the EEA Joint Committee is called upon to adopt, constitute acts having legal effects. The envisaged acts will be binding under international law in accordance with Articles 103 and 104 of the EEA Agreement. 
            
            
               The envisaged acts do not supplement or amend the institutional framework of the Agreement. Therefore, the procedural legal basis for the proposed decisions is Article 218(9) TFEU in conjunction with Article 1(3) of Council Regulation No 2894/94 concerning arrangements for implementing the Agreement on the European Economic Area.
            
            
               4.2.Substantive legal basis
            
            
               4.2.1.Principles
            
            
               The substantive legal basis for a decision under Article 218(9) TFEU in conjunction with Article 1(3) of Council Regulation No 2894/94 depends primarily on the substantive legal basis of the EU legal acts to be incorporated into the EEA Agreement. 
            
            
               If the envisaged acts pursue two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
            
            
               4.2.2.Application to the present case
            
            
               The main objective and content of the envisaged acts relate to transport. Therefore, the substantive legal basis of the proposed decisions is Article 91 of the Treaty on the Functioning of the European Union.
            
            
               4.3.Conclusion
            
            
               The legal basis of the proposed decisions should be Article 91, in conjunction with Article 218(9) TFEU and Article 1(3) of Council Regulation No 2894/94 concerning arrangements for implementing the Agreement on the European Economic Area.
            
            
               5.Publication of the envisaged act
            
         
         
            
               As the acts of the EEA Joint Committee will amend Annex XIII (Transport) to the EEA Agreement, it is appropriate to publish them in the Official Journal of the European Union after its adoption.
            
            
               2021/0288 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               on the position to be adopted, on behalf of the European Union,
                  within the EEA Joint Committee, concerning the amendment
                  to Annex XIII (Transport) to the EEA Agreement
               
                  (3rd and 4th Railway Packages)
            
            
               (Text with EEA relevance)
            
            
               THE COUNCIL OF THE EUROPEAN UNION,
            
            
               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, in conjunction with Article 218(9) thereof,
            
            
               Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area
                  40
               , and in particular Article 1(3) thereof, 
            
            
               Having regard to the proposal from the European Commission,
            
            
               Whereas:
            
            
               (1)The Agreement on the European Economic Area
                  41
                ('the EEA Agreement') entered into force on 1 January 1994. 
            
            
               (2)Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Annex XIII to the EEA Agreement, which contains provisions on transport.
            
            
               (3)The following acts concerning rail transport are to be incorporated into the EEA Agreement:
            
            
               - Directive 2012/34/EU of the European Parliament and of the Council
                  42
               ,
            
            
               - Directive (EU) 2016/2370 of the European Parliament and of the Council
                  43
               ,
            
            
               - Commission Implementing Regulation (EU) 2015/171
                  44
               ,
            
            
               - Commission Implementing Regulation (EU) 2015/429
                  45
               ,
            
            
               - Commission Implementing Regulation (EU) 2015/909
                  46
               ,
            
            
               - Commission Implementing Regulation (EU) 2015/1100
                  47
               ,
            
         
         
            
               - Commission Implementing Regulation (EU) 2016/545
                  48
               ,
            
            
               - Commission Implementing Regulation (EU) 2017/2177
                  49
               ,
            
            
               - Commission Implementing Regulation (EU) 2018/1795
                  50
               ,
            
            
               - Commission Delegated Decision (EU) 2017/2075
                  51
               , 
            
            
               - Regulation (EU) 2016/796 of the European Parliament and of the Council
                  52
               ,
            
            
               - Directive (EU) 2016/797 of the European Parliament and of the Council
                  53
               , 
            
            
               - Directive (EU) 2016/798 of the European Parliament and of the Council
                  54
               ,
            
            
               - Regulation (EU) 2016/2338 of the European Parliament and of the Council
                  55
               ,
            
            
               - Commission Regulation (EU) 2019/554
                  56
               ,
            
            
               - Commission Regulation (EU) No 1305/2014
                  57
               ,
            
            
               - Commission Delegated Regulation (EU) 2018/761
                  58
               ,
            
            
               - Commission Delegated Regulation (EU) 2018/762
                  59
               ,
            
            
               - Commission Implementing Regulation (EU) 2017/6
                  60
               ,
            
            
               - Commission Implementing Regulation (EU) 2018/278
                  61
               ,
            
            
               - Commission Implementing Regulation (EU) 2018/545
                  62
               ,
            
            
               - Commission Implementing Regulation (EU) 2018/763
                  63
               ,
            
            
               - Commission Implementing Regulation (EU) 2018/764
                  64
               ,
            
            
               - Commission Implementing Regulation (EU) 2018/867
                  65
               ,
            
            
               - Commission Implementing Regulation (EU) 2018/868
                  66
               ,
            
            
               - Commission Implementing Regulation (EU) 2019/250
                  67
               , 
            
         
         
            
               - Commission Implementing Regulation (EU) 2019/772
                  68
               , 
            
            
               - Commission Implementing Regulation (EU) 2019/773
                  69
               ,
            
            
               - Commission Implementing Regulation (EU) 2019/774
                  70
               ,
            
            
               - Commission Implementing Regulation (EU) 2019/775
                  71
               ,
            
            
               - Commission Implementing Regulation (EU) 2019/776
                  72
               , 
            
            
               - Commission Implementing Regulation (EU) 2019/777
                  73
               , 
            
            
               - Commission Implementing Regulation (EU) 2019/778
                  74
               , 
            
            
               - Commission Implementing Regulation (EU) 2019/779
                  75
               ,
            
            
               - Commission Implementing Regulation (EU) 2020/387
                  76
               ,
            
            
               - Commission Implementing Regulation (EU) 2020/424
                  77
               , 
            
            
               - Commission Directive 2014/38/EU
                  78
               , 
            
            
               - Commission Implementing Decision (EU) 2018/1614
                  79
               ,
            
            
               (4)Annex XIII (Transport) to the EEA Agreement should therefore be amended accordingly.
            
            
               (5)The position of the Union in the EEA Joint Committee should therefore be based on the draft EEA Joint Committee Decisions set out in the Annexes to this Decision,
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               The position to be adopted on the Union's behalf within the EEA Joint Committee on the proposed amendment of Annex XIII (Transport) to the EEA Agreement shall be based on the draft decisions of the EEA Joint Committee attached to this Decision.
            
            
               Article 2
            
            
               This Decision shall enter into force on the date of its adoption.
            
            
               Done at Brussels,
            
         
         
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  
                        OJ L 343, 14.12.2012, p. 32.
               
               
                  
                     (2)
                  
                        OJ L 352, 23.12.2016, p. 1.
               
               
                  
                     (3)
                  
                        OJ L 29, 5.2.2015, p. 3.
               
               
                  
                     (4)
                  
                        OJ L 70, 14.3.2015, p. 36.
               
               
                  
                     (5)
                  
                        OJ L 148, 13.6.2015, p. 17.
               
               
                  
                     (6)
                  
                        OJ L 181, 9.7.2015, p. 1.
               
               
                  
                     (7)
                  
                        OJ L 94, 8.4.2016, p. 1.
               
               
                  
                     (8)
                  
                        OJ L 307, 23.11.2017, p. 1.
               
               
                  
                     (9)
                  
                        OJ L 294, 21.11.2018, p. 5.
               
               
                  
                     (10)
                  
                        OJ L 295, 14.11.2017, p. 69.
               
               
                  
                     (11)
                  
                        OJ L 138, 26.5.2016, p. 1.
               
               
                  
                     (12)
                  
                        OJ L 138, 26.5.2016, p. 44.
               
               
                  
                     (13)
                  
                        OJ L 138, 26.5.2016, p. 102.
               
               
                  
                     (14)
                  
                        OJ L 354, 23.12.2016, p. 22.
               
               
                  
                     (15)
                  
                        OJ L 97, 8.4.2019, p. 1.
               
               
                  
                     (16)
                  
                        OJ L 356, 12.12.2014, p. 438.
               
               
                  
                     (17)
                  
                        OJ L 129, 25.5.2018, p. 16.
               
               
                  
                     (18)
                  
                        OJ L 129, 25.5.2018, p. 26.
               
               
                  
                     (19)
                  
                        OJ L 3, 6.1.2017, p. 6.
               
               
                  
                     (20)
                  
                        OJ L 54, 24.2.2018, p. 11.
               
               
                  
                     (21)
                  
                        OJ L 90, 6.4.2018, p. 66.
               
               
                  
                     (22)
                  
                        OJ L 129, 25.5.2018, p. 49.
               
               
                  
                     (23)
                  
                        OJ L 129, 25.5.2018, p. 68.
               
               
                  
                     (24)
                  
                        OJ L 149, 14.6.2018, p. 3.
               
               
                  
                     (25)
                  
                        OJ L 149, 14.6.2018, p. 16.
               
               
                  
                     (26)
                  
                        OJ L 42, 13.2.2019, p. 9.
               
               
                  
                     (27)
                  
                        OJ L 139I , 27.5.2019, p. 1.
               
               
                  
                     (28)
                  
                        OJ L 139I, 27.5.2019, p. 5.
               
               
                  
                     (29)
                  
                        OJ L 139I, 27.5.2019, p. 89.
               
               
                  
                     (30)
                  
                        OJ L 139I, 27.5.2019, p. 103.
               
               
                  
                     (31)
                  
                        OJ L 139I, 27.5.2019, p. 108.
               
               
                  
                     (32)
                  
                        OJ L 139I, 27.5.2019, p. 312.
               
               
                  
                     (33)
                  
                        OJ L 139I, 27.5.2019, p. 356.
               
               
                  
                     (34)
                  
                        OJ L 139I, 27.5.2019, p. 360.
               
               
                  
                     (35)
                  
                        OJ L 73, 10.3.2020, p. 6.
               
               
                  
                     (36)
                  
                        OJ L 84, 20.3.2020, p. 20.
               
               
                  
                     (37)
                  
                        OJ L 70, 11.3.2014. p. 20.
               
               
                  
                     (38)
                  
                        OJ L 268, 26.10.2018, p. 53.
               
               
                  
                     (39)
                  
                        Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, paragraphs 61 to 64. 
               
               
                  
                     (40)
                  
                        OJ L 305, 30.11.1994, p. 6.
               
               
                  
                     (41)
                  
                        OJ L 1, 3.1.1994, p. 3. 
               
               
                  
                     (42)
                  
                        Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area, as corrected by OJ L 67, 12.3.2015, p. 32, OJ L 343, 14.12.2012, p. 32.
               
               
                  
                     (43)
                  
                        Directive (EU) 2016/2370 of the European Parliament and of the Council of 14 December 2016 amending Directive 2012/34/EU as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure, OJ L 352, 23.12.2016, p. 1.
               
               
                  
                     (44)
                  
                        Commission Implementing Regulation (EU) 2015/171 of 4 February 2015 on certain aspects of the procedure of licensing railway undertakings, OJ L 29, 5.2.2015, p. 3.
               
               
                  
                     (45)
                  
                        Commission Implementing Regulation (EU) 2015/429 of 13 March 2015 setting out the modalities to be followed for the application of the charging for the cost of noise effects, OJ L 70, 14.3.2015, p. 36.
               
               
                  
                     (46)
                  
                        Commission Implementing Regulation (EU) 2015/909 of 12 June 2015 on the modalities for the calculation of the cost that is directly incurred as a result of operating the train service, OJ L 148, 13.6.2015, p. 17.
               
               
                  
                     (47)
                  
                        Commission Implementing Regulation (EU) 2015/1100 of 7 July 2015 on the reporting obligations of the Member States in the framework of rail market monitoring, OJ L 181, 9.7.2015, p. 1.
               
               
                  
                     (48)
                  
                        Commission Implementing Regulation (EU) 2016/545 of 7 April 2016 on procedures and criteria concerning framework agreements for the allocation of rail infrastructure capacity, OJ L 94, 8.4.2016, p. 1.
               
               
                  
                     (49)
                  
                        Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 on access to service facilities and rail-related services, OJ L 307, 23.11.2017, p. 1.
               
               
                  
                     (50)
                  
                        Commission Implementing Regulation (EU) 2018/1795 of 20 November 2018 laying down procedure and criteria for the application of the economic equilibrium test pursuant to Article 11 of Directive 2012/34/EU of the European Parliament and of the Council, OJ L 294, 21.11.2018, p. 5.
               
               
                  
                     (51)
                  
                        Commission Delegated Decision (EU) 2017/2075 of 4 September 2017 replacing Annex VII to Directive 2012/34/EU of the European Parliament and of the Council establishing a single European railway area, OJ L 295, 14.11.2017, p. 69.
               
               
                  
                     (52)
                  
                        Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004, OJ L 138, 26.5.2016, p. 1.
               
               
                  
                     (53)
                  
                        Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (recast), OJ L 138, 26.5.2016, p. 44.
               
               
                  
                     (54)
                  
                        Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (recast), as corrected by OJ L 59, 7.3.2017, p. 41 and by OJ L 317, 9.12.2019, p. 144-144, OJ L 138, 26.5.2016, p. 102.
               
               
                  
                     (55)
                  
                        Regulation (EU) 2016/2338 of the European Parliament and of the Council of 14 December 2016 amending Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail, OJ L 354, 23.12.2016, p. 22.
               
               
                  
                     (56)
                  
                        Commission Regulation (EU) 2019/554 of 5 April 2019 amending Annex VI to Directive 2007/59/EC of the European Parliament and of the Council on the certification of train drivers operating locomotives and trains on the railway system in the Community, OJ L 97, 8.4.2019, p. 1.
               
               
                  
                     (57)
                  
                        Commission Regulation (EU) No 1305/2014 of 11 December 2014 on the technical specification for interoperability relating to the telematics applications for freight subsystem of the rail system in the European Union and repealing the Regulation (EC) No 62/2006, OJ L 356, 12.12.2014, p. 438.
               
               
                  
                     (58)
                  
                        Commission Delegated Regulation (EU) 2018/761 of 16 February 2018 establishing common safety methods for supervision by national safety authorities after the issue of a single safety certificate or a safety authorisation pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 1077/2012, OJ L 129, 25.5.2018, p. 16.
               
               
                  
                     (59)
                  
                        Commission Delegated Regulation (EU) 2018/762 of 8 March 2018 establishing common safety methods on safety management system requirements pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulations (EU) No 1158/2010 and (EU) No 1169/2010, OJ L 129, 25.5.2018, p. 26.
               
               
                  
                     (60)
                  
                        Commission Implementing Regulation (EU) 2017/6 of 5 January 2017 on the European Rail Traffic Management System European deployment plan, OJ L 3, 6.1.2017, p. 6.
               
               
                  
                     (61)
                  
                        Commission Implementing Regulation (EU) 2018/278 of 23 February 2018 amending the Annex to Regulation (EU) No 1305/2014 as regards the structure of the messages, data and message model, Wagon and Intermodal Unit Operating Database, and to adopt an IT standard for the communication layer of the Common Interface, OJ L 54, 24.2.2018, p. 11.
               
               
                  
                     (62)
                  
                        Commission Implementing Regulation (EU) 2018/545 of 4 April 2018 establishing practical arrangements for the railway vehicle authorisation and railway vehicle type authorisation process pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council, OJ L 90, 6.4.2018, p. 66.
               
               
                  
                     (63)
                  
                        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, OJ L 129, 25.5.2018, p. 49.
               
               
                  
                     (64)
                  
                        Commission Implementing Regulation (EU) 2018/764 of 2 May 2018 on the fees and charges payable to the European Union Agency for Railways and their conditions of payment, OJ L 129, 25.5.2018, p. 68.
               
               
                  
                     (65)
                  
                        Commission Implementing Regulation (EU) 2018/867 of 13 June 2018 laying down the rules of procedure of the Board(s) of Appeal of the European Union Agency for Railways, OJ L 149, 14.6.2018, p. 3.
               
               
                  
                     (66)
                  
                        Commission Implementing Regulation (EU) 2018/868 of 13 June 2018 amending Regulation (EU) No 1301/2014 and Regulation (EU) No 1302/2014 as regards provisions on energy measuring system and data collecting system, OJ L 149, 14.6.2018, p. 16.
               
               
                  
                     (67)
                  
                        Commission Implementing Regulation (EU) 2019/250 of 12 February 2019 on the templates for ‘EC’ declarations and certificates for railway interoperability constituents and subsystems, on the model of declaration of conformity to an authorised railway vehicle type and on the ‘EC’ verification procedures for subsystems in accordance with Directive (EU) 2016/797 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 201/2011, OJ L 42, 13.2.2019, p. 9.
               
               
                  
                     (68)
                  
                        Commission Implementing Regulation (EU) 2019/772 of 16 May 2019 amending Regulation (EU) No 1300/2014 as regards inventory of assets with a view to identifying barriers to accessibility, providing information to users and monitoring and evaluating progress on accessibility, OJ L 139I , 27.5.2019, p. 1.
               
               
                  
                     (69)
                  
                        Commission Implementing Regulation (EU) 2019/773 of 16 May 2019 on the technical specification for interoperability relating to the operation and traffic management subsystem of the rail system within the European Union and repealing Decision 2012/757/EU, OJ L 139I, 27.5.2019, p. 5.
               
               
                  
                     (70)
                  
                        Commission Implementing Regulation (EU) 2019/774 of 16 May 2019 amending Regulation (EU) No 1304/2014 as regards application of the technical specification for interoperability relating to the subsystem ‘rolling stock — noise’ to the existing freight wagons, OJ L 139I, 27.5.2019, p. 89.
               
               
                  
                     (71)
                  
                        Commission Implementing Regulation (EU) 2019/775 of 16 May 2019 amending Regulation (EU) No 454/2011 as regards Change Control Management, OJ L 139I, 27.5.2019, p. 103.
               
               
                  
                     (72)
                  
                        Commission Implementing Regulation (EU) 2019/776 of 16 May 2019 amending Commission Regulations (EU) No 321/2013, (EU) No 1299/2014, (EU) No 1301/2014, (EU) No 1302/2014, (EU) No 1303/2014 and (EU) 2016/919 and Commission Implementing Decision 2011/665/EU as regards the alignment with Directive (EU) 2016/797 of the European Parliament and of the Council and the implementation of specific objectives set out in Commission Delegated Decision (EU) 2017/1474, OJ L 139I, 27.5.2019, p. 108.
               
               
                  
                     (73)
                  
                        Commission Implementing Regulation (EU) 2019/777 of 16 May 2019 on the common specifications for the register of railway infrastructure and repealing Implementing Decision 2014/880/EU, OJ L 139I, 27.5.2019, p. 312.
               
               
                  
                     (74)
                  
                        Commission Implementing Regulation (EU) 2019/778 of 16 May 2019 amending Regulation (EU) No 1305/2014 as regards Change Control Management, OJ L 139I, 27.5.2019, p. 356.
               
               
                  
                     (75)
                  
                        Commission Implementing Regulation (EU) 2019/779 of 16 May 2019 laying down detailed provisions on a system of certification of entities in charge of maintenance of vehicles pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 445/2011, OJ L 139I, 27.5.2019, p. 360.
               
               
                  
                     (76)
                  
                        Commission Implementing Regulation (EU) 2020/387 of 9 March 2020 amending Regulations (EU) No 321/2013, (EU) No 1302/2014 and (EU) 2016/919 as regards the extension of the area of use and transition phases, OJ L 73, 10.3.2020, p. 6.
               
               
                  
                     (77)
                  
                        Commission Implementing Regulation (EU) 2020/424 of 19 March 2020 on submitting information to the Commission as regards non-application of technical specifications for interoperability in accordance with Directive (EU) 2016/797, OJ L 84, 20.3.2020, p. 20.
               
               
                  
                     (78)
                  
                        Commission Directive 2014/38/EU of 10 March 2014 amending Annex III to Directive 2008/57/EC of the European Parliament and of the Council as far as noise pollution is concerned, OJ L 70, 11.3.2014. p. 20.
               
               
                  
                     (79)
                  
                        Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC, OJ L 268, 26.10.2018, p. 53.
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 10.9.2021
            COM(2021) 546 final
            ANNEX 
            to the 
            Proposal for a COUNCIL DECISION
            on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee, concerning the amendment to Annex XIII (Transport) to the EEA Agreement(3rd and 4th Railway Packages)
            
               
         
         
            
               ANNEX 1
            
            
               DECISION OF THE EEA JOINT COMMITTEE
            
            
               No […]
            
            
               of […]
            
            
               amending Annex XIII (Transport) to the EEA Agreement
            
            
               THE EEA JOINT COMMITTEE,
            
            
               Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,
            
            
               Whereas:
            
            
               (1)Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area
                  1
               , as corrected by OJ L 67, 12.3.2015, p. 32, is to be incorporated into the EEA Agreement.
            
            
               (2)Directive (EU) 2016/2370 of the European Parliament and of the Council of 14 December 2016 amending Directive 2012/34/EU as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure
                  2
                is to be incorporated into the EEA Agreement.
            
            
               (3)Commission Implementing Regulation (EU) 2015/171 of 4 February 2015 on certain aspects of the procedure of licensing railway undertakings
                  3
                is to be incorporated into the EEA Agreement.
            
            
               (4)Commission Implementing Regulation (EU) 2015/429 of 13 March 2015 setting out the modalities to be followed for the application of the charging for the cost of noise effects
                  4
                is to be incorporated into the EEA Agreement.
            
            
               (5)Commission Implementing Regulation (EU) 2015/909 of 12 June 2015 on the modalities for the calculation of the cost that is directly incurred as a result of operating the train service
                  5
                is to be incorporated into the EEA Agreement.
            
            
               (6)Commission Implementing Regulation (EU) 2015/1100 of 7 July 2015 on the reporting obligations of the Member States in the framework of rail market monitoring
                  6
                is to be incorporated into the EEA Agreement.
            
            
               (7)Commission Implementing Regulation (EU) 2016/545 of 7 April 2016 on procedures and criteria concerning framework agreements for the allocation of rail infrastructure capacity
                  7
                is to be incorporated into the EEA Agreement.
            
            
               (8)Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 on access to service facilities and rail-related services
                  8
                is to be incorporated into the EEA Agreement.
            
            
               (9)Commission Implementing Regulation (EU) 2018/1795 of 20 November 2018 laying down procedure and criteria for the application of the economic equilibrium test pursuant to Article 11 of Directive 2012/34/EU of the European Parliament and of the Council
                  9
                is to be incorporated into the EEA Agreement.
            
            
               (10)Commission Delegated Decision (EU) 2017/2075 of 4 September 2017 replacing Annex VII to Directive 2012/34/EU of the European Parliament and of the Council establishing a single European railway area
                  10
                is to be incorporated into the EEA Agreement.
            
            
               (11)Directive 2012/34/EU repeals Council Directives 91/440/EEC
                  11
                and 95/18/EC
                  12
                and Directive 2001/14/EC of the European Parliament and of the Council
                  13
               , which are incorporated into the EEA Agreement and which are consequently to be repealed under the EEA Agreement.
            
         
         
            
               (12)Implementing Regulation (EU) 2018/1795 repeals, with effect from 12 December 2020, Commission Implementing Regulation No 869/2014
                  14
                which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement with effect from 12 December 2020.
            
            
               (13)Annex XIII to the EEA Agreement should therefore be amended accordingly,
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               Annex XIII to the EEA Agreement shall be amended as follows:
            
            
               1.The text of point 37 (Council Directive 91/440/EEC) shall be replaced by the following:
            
            
               ‘32012 L 0034: Directive 2012/34/EU of 21 November 2012 of the European Parliament and of the Council establishing a single European railway area (OJ L 343, 14.12.2012, p. 32), as corrected by OJ L 67, 12.3.2015, p. 32, as amended by:
            
            
               –32016 L 2370: Directive (EU) 2016/2370 of the European Parliament and of the Council of 14 December 2016 (OJ L 352, 23.12.2016, p. 1).
            
            
               The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptations:
            
            
               (a)The references to Articles 93, 101, 102, 106, 107 and 108 TFEU shall read Articles 49, 53, 54, 59, 61 and 62 of the EEA Agreement, respectively.
            
            
               (b)Article 14(3) to (5) shall not apply to the EFTA States insofar as it concerns agreements between those States and third countries.
            
            
               (c)In Article 40(2), the words “and the EFTA Surveillance Authority” shall be inserted after the word “Commission”.
            
            
               (d)In Article 15, the following paragraph shall be added: 
            
            
               (e)“7. The obligation set out in paragraph 5 shall not apply to Liechtenstein insofar as an EU Member State has provided, for a given year, data to the Commission that include the territory of Liechtenstein. It shall apply to all other data covered by paragraph 5”.
            
            
               (f)In Article 27(1), the words “or, as regards Norway, Norwegian and an official language of the Union,” shall be inserted after the words “two official languages of the Union”.’
            
            
               2.The following points are inserted after point 37 ai (Commission Regulation (EU) No 1304/2014):
            
            
               ‘37aj.32015 R 0171: Commission Implementing Regulation (EU) 2015/171 of 4 February 2015 on certain aspects of the procedure of licensing railway undertakings (OJ L 29, 5.2.2015, p. 3).
            
            
               37ak.32015 R 0429: Commission Implementing Regulation (EU) 2015/429 of 13 March 2015 setting out the modalities to be followed for the application of the charging for the cost of noise effects (OJ L 70, 14.3.2015, p. 36).
            
            
               37al.32015 R 0909: Commission Implementing Regulation (EU) 2015/909 of 12 June 2015 on the modalities for the calculation of the cost that is directly incurred as a result of operating the train service (OJ L 148, 13.6.2015, p. 17).
            
            
               37am. 32015 R 1100: Commission Implementing Regulation (EU) 2015/1100 of 7 July 2015 on the reporting obligations of the Member States in the framework of rail market monitoring (OJ L 181, 9.7.2015, p. 1).
            
         
         
            
               37an.32016 R 0545: Commission Implementing Regulation (EU) 2016/545 of 7 April 2016 on procedures and criteria concerning framework agreements for the allocation of rail infrastructure capacity (OJ L 94, 8.4.2016, p. 1).
            
            
               37ao.32015 D 2075: Commission Delegated Decision (EU) 2017/2075 of 4 September 2017 replacing Annex VII to Directive 2012/34/EU of the European Parliament and of the Council establishing a single European railway area (OJ L 295, 14.11.2017, p. 69).
            
            
               37ap.32017 R 2177: Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 on access to service facilities and rail-related services (OJ L 307, 23.11.2017, p. 1).
            
            
               37aq.32018 R 1795: Commission Implementing Regulation (EU) 2018/1795 of 20 November 2018 laying down procedure and criteria for the application of the economic equilibrium test pursuant to Article 11 of Directive 2012/34/EU of the European Parliament and of the Council (OJ L 294, 21.11.2018, p. 5).’
            
            
               3.The text of points 41b (Directive 2001/14/EC of the European Parliament and of the Council) and 42a (Council Directive 95/18/EC) shall be deleted.
            
            
               4.The text of point 42aa (Implementing Regulation (EU) No 869/2014) shall be deleted with effect from 12 December 2020.
            
            
               Article 2
            
            
               The texts of Directives 2012/34/EU and (EU) 2016/2370, Implementing Regulations (EU) 2015/171, (EU) 2015/429, (EU) 2015/909, (EU) 2015/1100, (EU) 2016/545, (EU) 2017/2177 and (EU) 2018/1795, and Delegated Decision (EU) 2017/2075  in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
            
            
               Article 3
            
            
               This Decision shall enter into force on […], provided that all the notifications under Article 103(1) of the EEA Agreement have been made
                  15*.
            
            
               Article 4
            
            
               This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
            
            
               Done at Brussels, […].
            
            
                  For the EEA Joint Committee
            
            
                  The President
            
            
                  […]
            
            
            
                  The Secretaries
            
            
                  To the EEA Joint Committee
            
            
                  […]
            
         
         
            
         
         
            
                  
                     (1)
                  
                        OJ L 343, 14.12.2012, p. 32.
               
               
                  
                     (2)
                  
                        OJ L 352, 23.12.2016, p. 1.
               
               
                  
                     (3)
                  
                        OJ L 29, 5.2.2015, p. 3.
               
               
                  
                     (4)
                  
                        OJ L 70, 14.3.2015, p. 36.
               
               
                  
                     (5)
                  
                        OJ L 148, 13.6.2015, p. 17.
               
               
                  
                     (6)
                  
                        OJ L 181, 9.7.2015, p. 1.
               
               
                  
                     (7)
                  
                        OJ L 94, 8.4.2016, p. 1.
               
               
                  
                     (8)
                  
                        OJ L 307, 23.11.2017, p. 1.
               
               
                  
                     (9)
                  
                        OJ L 294, 21.11.2018, p. 5.
               
               
                  
                     (10)
                  
                        OJ L 295, 14.11.2017, p. 69.
               
               
                  
                     (11)
                  
                        OJ L 237, 24.8.1991, p. 25.
               
               
                  
                     (12)
                  
                        OJ L 143, 27.6.1995, p. 70.
               
               
                  
                     (13)
                  
                        OJ L 75, 15.3.2001, p. 29.
               
               
                  
                     (14)
                  
                        OJ L 239, 12.8.2014, p.1
               
               
                  
                     (15)
                  *
                        [No constitutional requirements indicated.] [Constitutional requirements indicated.]
               
            
      
    ---documentbreak--- NA ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 10.9.2021
            COM(2021) 546 final
            ANNEX 
            to the 
            Proposal for a COUNCIL DECISION
            on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee, concerning the amendment to Annex XIII (Transport) to the EEA Agreement(3rd and 4th Railway Packages)
            
               
         
         
            
               ANNEX 2
            
            
               DECISION OF THE EEA JOINT COMMITTEE
            
            
               No […]
            
            
               of […]
            
            
               amending Annex XIII (Transport) to the EEA Agreement
            
            
               THE EEA JOINT COMMITTEE,
            
            
               Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,
            
            
               Whereas:
            
            
               (1)Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004
                  1
                is to be incorporated into the EEA Agreement.
            
            
               (2)Regulation (EU) 2016/2338 of the European Parliament and of the Council of 14 December 2016 amending Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail
                  2
                is to be incorporated into the EEA Agreement.
            
            
               (3)Commission Regulation (EU) 2019/554 of 5 April 2019 amending Annex VI to Directive 2007/59/EC of the European Parliament and of the Council on the certification of train drivers operating locomotives and trains on the railway system in the Community
                  3
                is to be incorporated into the EEA Agreement.
            
            
               (4)Commission Regulation (EU) No 1305/2014 of 11 December 2014 on the technical specification for interoperability relating to the telematics applications for freight subsystem of the rail system in the European Union and repealing the Regulation (EC) No 62/2006
                  4
                is to be incorporated into the EEA Agreement.
            
            
               (5)Commission Delegated Regulation (EU) 2018/761 of 16 February 2018 establishing common safety methods for supervision by national safety authorities after the issue of a single safety certificate or a safety authorisation pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 1077/2012
                  5
                is to be incorporated into the EEA Agreement.
            
            
               (6)Commission Delegated Regulation (EU) 2018/762 of 8 March 2018 establishing common safety methods on safety management system requirements pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulations (EU) No 1158/2010 and (EU) No 1169/2010
                  6
                is to be incorporated into the EEA Agreement.
            
            
               (7)Commission Implementing Regulation (EU) 2017/6 of 5 January 2017 on the European Rail Traffic Management System European deployment plan
                  7
                is to be incorporated into the EEA Agreement.
            
            
               (8)Commission Implementing Regulation (EU) 2018/278 of 23 February 2018 amending the Annex to Regulation (EU) No 1305/2014 as regards the structure of the messages, data and message model, Wagon and Intermodal Unit Operating Database, and to adopt an IT standard for the communication layer of the Common Interface
                  8
                is to be incorporated into the EEA Agreement.
            
            
               (9)Commission Implementing Regulation (EU) 2018/545 of 4 April 2018 establishing practical arrangements for the railway vehicle authorisation and railway vehicle type authorisation process pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council
                  9
                is to be incorporated into the EEA Agreement.
            
            
               (10)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
                  10
                is to be incorporated into the EEA Agreement.
            
            
               (11)Commission Implementing Regulation (EU) 2018/764 of 2 May 2018 on the fees and charges payable to the European Union Agency for Railways and their conditions of payment
                  11
                is to be incorporated into the EEA Agreement.
            
         
         
            
               (12)Commission Implementing Regulation (EU) 2018/867 of 13 June 2018 laying down the rules of procedure of the Board(s) of Appeal of the European Union Agency for Railways
                  12
                is to be incorporated into the EEA Agreement.
            
            
               (13)Commission Implementing Regulation (EU) 2018/868 of 13 June 2018 amending Regulation (EU) No 1301/2014 and Regulation (EU) No 1302/2014 as regards provisions on energy measuring system and data collecting system
                  13
                is to be incorporated into the EEA Agreement.
            
            
               (14)Commission Implementing Regulation (EU) 2019/250 of 12 February 2019 on the templates for ‘EC’ declarations and certificates for railway interoperability constituents and subsystems, on the model of declaration of conformity to an authorised railway vehicle type and on the ‘EC’ verification procedures for subsystems in accordance with Directive (EU) 2016/797 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 201/2011
                  14
                is to be incorporated into the EEA Agreement.
            
            
               (15)Commission Implementing Regulation (EU) 2019/772 of 16 May 2019 amending Regulation (EU) No 1300/2014 as regards inventory of assets with a view to identifying barriers to accessibility, providing information to users and monitoring and evaluating progress on accessibility
                  15
                is to be incorporated into the EEA Agreement.
            
            
               (16)Commission Implementing Regulation (EU) 2019/773 of 16 May 2019 on the technical specification for interoperability relating to the operation and traffic management subsystem of the rail system within the European Union and repealing Decision 2012/757/EU
                  16
                is to be incorporated into the EEA Agreement.
            
            
               (17)Commission Implementing Regulation (EU) 2019/774 of 16 May 2019 amending Regulation (EU) No 1304/2014 as regards application of the technical specification for interoperability relating to the subsystem ‘rolling stock — noise’ to the existing freight wagons
                  17
                is to be incorporated into the EEA Agreement.
            
            
               (18)Commission Implementing Regulation (EU) 2019/775 of 16 May 2019 amending Regulation (EU) No 454/2011 as regards Change Control Management
                  18
                is to be incorporated into the EEA Agreement.
            
            
               (19)Commission Implementing Regulation (EU) 2019/776 of 16 May 2019 amending Commission Regulations (EU) No 321/2013, (EU) No 1299/2014, (EU) No 1301/2014, (EU) No 1302/2014, (EU) No 1303/2014 and (EU) 2016/919 and Commission Implementing Decision 2011/665/EU as regards the alignment with Directive (EU) 2016/797 of the European Parliament and of the Council and the implementation of specific objectives set out in Commission Delegated Decision (EU) 2017/1474
                  19
                is to be incorporated into the EEA Agreement.
            
            
               (20)Commission Implementing Regulation (EU) 2019/777 of 16 May 2019 on the common specifications for the register of railway infrastructure and repealing Implementing Decision 2014/880/EU
                  20
                is to be incorporated into the EEA Agreement.
            
            
               (21)Commission Implementing Regulation (EU) 2019/778 of 16 May 2019 amending Regulation (EU) No 1305/2014 as regards Change Control Management
                  21
                is to be incorporated into the EEA Agreement.
            
            
               (22)Commission Implementing Regulation (EU) 2019/779 of 16 May 2019 laying down detailed provisions on a system of certification of entities in charge of maintenance of vehicles pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 445/2011
                  22
                is to be incorporated into the EEA Agreement.
            
            
               (23)Commission Implementing Regulation (EU) 2020/387 of 9 March 2020 amending Regulations (EU) No 321/2013, (EU) No 1302/2014 and (EU) 2016/919 as regards the extension of the area of use and transition phases
                  23
                is to be incorporated into the EEA Agreement.
            
            
               (24)Commission Implementing Regulation (EU) 2020/424 of 19 March 2020 on submitting information to the Commission as regards non-application of technical specifications for interoperability in accordance with Directive (EU) 2016/797
                  24
                is to be incorporated into the EEA Agreement.
            
            
               (25)Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (recast)
                  25
                is to be incorporated into the EEA Agreement.
            
            
               (26)Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (recast)
                  26
               , as corrected by OJ L 59, 7.3.2017, p. 41 and by OJ L 317, 9.12.2019, p. 144-144, is to be incorporated into the EEA Agreement.
            
            
               (27)Commission Directive 2014/38/EU of 10 March 2014 amending Annex III to Directive 2008/57/EC of the European Parliament and of the Council as far as noise pollution is concerned
                  27
                is to be incorporated into the EEA Agreement.
            
            
               (28)Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC
                  28
                is to be incorporated into the EEA Agreement.
            
            
               (29)Regulation (EU) No 1305/2014 repeals Commission Regulation (EC) No 62/2006
                  29
               , which is incorporated in the EEA Agreement and which is consequently to be repealed under the EEA Agreement.
            
            
               (30)Regulation (EU) 2016/796 repeals Regulation (EC) No 881/2004
                  30
                which is incorporated in the EEA Agreement and which is consequently to be repealed under the EEA Agreement.
            
            
               (31)Delegated Regulation (EU) 2018/761 repeals Commission Regulation (EU) No 1077/2012
                  31
               , which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.
            
         
         
            
               (32)Delegated Regulation (EU) 2018/762 repeals, with effect from 16 June 2025, Commission Regulations (EU) No 1158/2010
                  32
                and (EU) No 1169/2010
                  33
               , which are incorporated into the EEA Agreement and which are consequently to be repealed under the EEA Agreement with effect from 16 June 2025.
            
            
               (33)Implementing Regulation (EU) 2018/763 repeals Commission Regulation (EC) No 653/2007
                  34
               , which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement. 
            
            
               (34)Implementing Decision (EU) 2018/1614 repeals, with effect from 16 June 2021, Commission Decision 2007/756/EC
                  35
               , which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement with effect from 16 June 2021.
            
            
               (35)Implementing Regulation (EU) 2019/250 repeals Commission Regulation (EU) No 201/2011
                  36
               , which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.
            
            
               (36)Implementing Regulation (EU) 2019/773 repeals, with effect from 16 June 2024, Commission Decision 2012/757/EU
                  37
               , which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement with effect from 16 June 2024. 
            
            
               (37)Implementing Regulation (EU) 2019/777 repeals Commission Implementing Decision 2014/880/EU
                  38
               , which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.
            
            
               (38)Implementing Regulation (EU) 2019/779 repeals, with effect from 16 June 2020, Commission Regulation (EU) No 445/2011
                  39
               , which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement with effect from 16 June 2020. 
            
            
               (39)Directive (EU) 2016/797 repeals, with effect from 16 June 2020, Directive 2008/57/EC of the European Parliament and of the Council
                  40
               , which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement with effect from 16 June 2020.
            
            
               (40)Directive (EU) 2016/798 repeals, with effect from 16 June 2020, Directive 2004/49/EC of the European Parliament and of the Council 
                  41
               , which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement with effect from 16 June 2020.
            
            
               (41)Annex XIII to the EEA Agreement should therefore be amended accordingly,
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               Annex XIII to the EEA Agreement shall be amended as follows:
            
            
               1.The following is added in point 4a (Regulation (EC) No 1370/2007 of the European Parliament and of the Council):
            
            
               ‘, as amended by:
            
            
               –32016 R 2338: Regulation (EU) 2016/2338 of the European Parliament and of the Council of 14 December 2016 (OJ L 354, 23.12.2016, p.22).’
            
            
               2.The following is added in point 37ai (Commission Regulation (EU) No 1304/2014):
            
            
               ‘, as amended by:
            
            
               –32019 R 0774: Commission Implementing Regulation (EU) 2019/774 of 16 May 2019 (OJ L 139I, 27.5.2019, p. 89).’
            
            
               3.The following adaptations are added in point 37ai (Commission Regulation (EU) No 1304/2014):
            
         
         
            
               ‘(c)In section 7.3.2.4(b) of the Annex, the words “Norway and” shall be inserted before the word “Sweden”.
            
            
               (d) In first subparagraph of section 7.4.1(b) of the Annex, the word “, Norway” shall be inserted before the words “and Sweden” and the word “, Norwegian” shall be inserted before the words “and Swedish”.’
            
            
               4.The following indent is added in point 37d (Directive 2008/57/EC of the European Parliament and of the Council):
            
            
               ‘-32014 L 0038: Commission Directive 2014/38/EU of 10 March 2014 (OJ L 70, 11.3.2014, p. 20).’
            
            
               5.The following indent is added in point 37da (Commission Decision 2007/756/EC):
            
            
               ‘-32018 D 1614: Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 (OJ L 268, 26.10.2018, p. 53).’
            
            
               6.The following indent is added in points 37dba (Commission Regulation (EU) No 1303/2014) and 37n (Commission Regulation (EU) No 321/2013):
            
            
               ‘-32019 R 0776: Commission Implementing Regulation (EU) 2019/776 of 16 May 2019 (OJ L 139I, 27.5.2019, p. 108).’
            
            
               7.The following indent is added in point 37dj (Commission Regulation (EU) No 454/2011):
            
            
               ‘-32019 R 0775: Commission Implementing Regulation (EU) 2019/775 of 16 May 2019 (OJ L 139I, 27.5.2019, p. 103).’
            
            
               8.The following is added in points 37dk (Commission Implementing Decision 2011/665/EU), 37i (Commission Regulation (EU) 2016/919) and 37o (Commission Regulation (EU) No 1299/2014):
            
            
               ‘, as amended by:
            
            
               –
                     32019 R 0776: Commission Implementing Regulation (EU) 2019/776 of 16 May 2019 (OJ L 139I, 27.5.2019, p. 108).’
            
            
               9.The following is added in points 37dn (Commission Regulation (EU) No 1301/2014) and 37do (Commission Regulation (EU) No 1302/2014):
            
            
               ‘, as amended by:
            
            
               –
                     32018 R 0868: Commission Implementing Regulation (EU) 2018/868 of 13 June 2018 (OJ L 149, 14.6.2018, p. 16).
            
            
               –
                     32019 R 0776: Commission Implementing Regulation (EU) 2019/776 of 16 May 2019 (OJ L 139I, 27.5.2019, p. 108).’
            
            
               10.The following indent is added in points 37do (Commission Regulation (EU) No 1302/2014), 37i (Commission Regulation (EU) 2016/919) and 37n (Commission Regulation (EU) No 321/2013):
            
            
               ‘-32020 R 0387: Commission Implementing Regulation (EU) 2020/387 of 9 March 2020 (OJ L 73, 10.3.2020, p. 6).’
            
            
               11.The text of point 37h (Commission Regulation (EC) No 62/2006) is replaced by the following:
            
         
         
            
               ‘32014 R 1305: Commission Regulation (EU) No 1305/2014 of 11 December 2014 on the technical specification for interoperability relating to the telematics applications for freight subsystem of the rail system in the European Union and repealing the Regulation (EU) No 62/2006 (OJ L 356, 12.12.2014, p. 438), as amended by:
            
            
               –32018 R 0278: Commission Implementing Regulation (EU) 2018/278 of 23 February 2018 (OJ L 54, 24.2.2018, p. 11),
            
            
               –32019 R 0778: Commission Implementing Regulation (EU) 2019/778 of 16 May 2019 (OJ L 139I, 27.5.2019, p. 356).
            
            
               The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation:
            
            
               The following paragraph shall be added after section 7.1.4.(3) of the Annex:
            
            
               “4.
                     The EFTA Surveillance Authority shall have observer status in the Steering Committee.”’
            
            
               12.The following point is inserted after point 37ia (Commission Decision 2012/463/EU):
            
            
               ‘37ib. 32017 R 0006: Commission Implementing Regulation (EU) 2017/6 of 5 January 2017 on the European Rail Traffic Management System European deployment plan (OJ L 3, 6.1.2017, p. 6).’
            
            
               13.The following is added in point 37ma (Commission Regulation (EU) No 1300/2014):
            
            
               ‘, as amended by:
            
            
               –32019 R 0772: Commission Implementing Regulation (EU) 2019/772 of 16 May 2019 (OJ L 139I, 27.5.2019, p. 1).’
            
            
               14.The following is inserted after point 37o (Commission Regulation (EU) No 1299/2014):
            
            
               ‘37p.32016 L 0797: Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (recast) (OJ L 138, 26.5.2016, p. 44).
            
            
               The provisions of the Directive shall, for the purposes of this Agreement be read with the following adaptations:
            
            
               (a)In Article 11(2), the words “or, as regards the EFTA States, the EFTA Surveillance Authority” shall be inserted after the words “the Commission”.
            
            
               (b)The following paragraphs shall be added in Article 51:
            
            
               “4.The EFTA States shall participate fully in the committee [and shall within it have the same rights and obligations as EU Member States], except for the right to vote.
            
            
               5.The Chairman of the committee may invite the EFTA Surveillance Authority to participate as an observer, without voting rights.”
            
            
               37pa. 32018 R 0545: Commission Implementing Regulation (EU) 2018/545 of 4 April 2018 establishing practical arrangements for the railway vehicle authorisation and railway vehicle type authorisation process pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council (OJ L 90, 6.4.2018, p. 66).
            
            
               The provisions of the Regulation shall, for the purposes of this Agreement be read with the following adaptation:
            
         
         
            
               In Articles 8(1) and 10(1), the words “, Icelandic and Norwegian” shall be added after the words “the official languages of the Union”.
            
            
               37pb. 32018 D 1614: Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC (OJ L 268, 26.10.2018, p. 53).
            
            
               37pc.32019 R 0250: Commission Implementing Regulation (EU) 2019/250 of 12 February 2019 on the templates for ‘EC’ declarations and certificates for railway interoperability constituents and subsystems, on the model of declaration of conformity to an authorised railway vehicle type and on the ‘EC’ verification procedures for subsystems in accordance with Directive (EU) 2016/797 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 201/2011 (OJ L 42, 13.2.2019, p. 9).
            
            
               37pd.32019 R 0773: Commission Implementing Regulation (EU) 2019/773 of 16 May 2019 on the technical specification for interoperability relating to the operation and traffic management subsystem of the rail system within the European Union and repealing Decision 2012/757/EU (OJ L 139I, 27.5.2019, p. 5).
            
            
               37pe.32019 R 0777: Commission Implementing Regulation (EU) 2019/777 of 16 May 2019 on the common specifications for the register of railway infrastructure and repealing Implementing Decision 2014/880/EU (OJ L 139I, 27.5.2019, p. 312).
            
            
               37pf.32020 R 0424: Commission Implementing Regulation (EU) 2020/424 of 19 March 2020 on submitting information to the Commission as regards non-application of technical specifications for interoperability in accordance with Directive (EU) 2016/797 (OJ L 84, 20.3.2020, p. 20).’
            
            
               15.The text of point 42f (Regulation (EC) No 881/2004 of the European Parliament and of the Council) is replaced by the following:
            
            
               ‘32016 R 0796: Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138, 26.5.2016, p. 1).
            
            
               The provisions of the Regulation shall, for the purposes of this Agreement be read with the following adaptations:
            
            
               (a)Notwithstanding the provisions of Protocol 1 to the Agreement, the term ‘Member State(s)’ and other terms referring to their public entities contained in the Regulation shall be understood to include, in addition to its meaning in the Regulation, the EFTA States and their public entities. 
            
            
               (b)As regards the EFTA States, the EFTA Surveillance Authority or the Standing Committee of the EFTA States, as the case may be, may, as and when appropriate, request assistance of the Agency in the performance of their respective tasks.
            
            
               (c)The EFTA States shall participate fully in the working parties and groups established by the Agency and shall within them have the same rights and obligations as EU Member States, except for the right to vote. 
            
            
               (d)   The following shall be added to Article 11(4):
            
            
               “When the visits have been carried out in an EFTA State, the Agency shall also send the report to the EFTA Surveillance Authority.”
            
            
               (e)In Articles 25(2), 25(3), 26(2), 26(3), 26(5), 27(2), 33(3), 33(5), 33(7), 34(4), 34(5) and 34(6) the words “or, as regards the EFTA States, the EFTA Surveillance Authority,” shall be inserted after the words “the Commission”.
            
            
               (f)(f)
                     In Articles 29(2), 29(3), 30(3) and 32(2) the words “and the EFTA Surveillance Authority” shall be inserted after the words “the Commission”.
            
            
               (g)(g)
                     The following shall be added to Article 35(5):
            
            
               “The Agency shall, at the EFTA Surveillance Authority’s request, provide reports on the state of implementation and application of provisions of the EEA Agreement concerning railway safety and interoperability in a given EFTA State.”
            
            
               (h)In Article 38(7) the words “and the EFTA Surveillance Authority” shall be inserted after the words “the Commission”.
            
            
               (i)The following paragraphs shall be added to Article 47:
            
         
         
            
               “6.
                     The EFTA States shall participate fully in the Management Board and shall within it have the same rights and obligations as EU Member States, except for the right to vote.
            
            
               7.The EFTA Surveillance Authority shall have one representative on the Management Board, without the right to vote. 
            
            
               The EFTA Surveillance Authority shall appoint a member of the Management Board as well as an alternate who shall replace the member in his/her absence.”
            
            
               (j)In Article 51(1)(a) the words “, the EFTA Surveillance Authority” shall be inserted after the words “the Commission”.
            
            
               (k)The following paragraph shall be added to Article 55:
            
            
               “7.
                     Nationals of the EFTA States shall be eligible as members, including Chairpersons, of the Boards of Appeal. When the Commission draws up the list of persons referred to in paragraph 3(a), it shall also consider suitable persons of EFTA States’ nationalities.”
            
            
               (l)The following paragraph shall be added to Article 64:
            
            
               “11.
                     The EFTA States shall participate in the financial contribution from the Union referred to in paragraph 2(a). For this purpose, the procedures laid down in Article 82(1)(a) and Protocol 32 to the EEA Agreement shall apply mutatis mutandis.”
            
            
               (m)The following paragraph shall be added in Article 67:
            
            
               “4.
                     By way of derogation from Articles 12(2)(a) and 82(3)(a) of the Conditions of Employment of Other Servants, nationals of the EFTA States enjoying their full rights as citizens may be engaged under contract by the Executive Director of the Agency.” 
            
            
               By way of derogation from Articles 12(2)(e), 82(3)(e) and 85(3) of the Conditions of Employment of Other Servants, the languages referred to in Article 129(1) of the EEA Agreement shall be considered by the Agency, in respect of its staff, as languages of the Union referred to in Article 55(1) of the Treaty on European Union.”
            
            
               (n)The following shall be added to Article 70:
            
            
               “The EFTA States shall grant privileges and immunities to the Agency equivalent to those contained in the Protocol on Privileges and Immunities of the European Union.” 
            
            
               (o)The following shall be added to Article 74:
            
            
               “Documents which an EFTA State or a person subject to the jurisdiction of an EFTA State sends to the Agency may be drafted in any one of the languages referred to in Article 129(1) of the EEA Agreement selected by the sender. The reply shall be drafted in the same language.”
            
            
               (p)The following shall be added to paragraph 1 of Article 77:
            
            
               “Regulation (EC) No 1049/2001 of the European Parliament and the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents shall, for the application of this Regulation, apply to any documents of the Agency regarding the EFTA States as well.”
            
            
               (q)The following shall be added to Article 78:
            
            
               “For the application of this Regulation, the Agency shall apply the principles contained in the Commission’s security rules for protecting European Union classified Information (EUCI) and sensitive non-classified information, as set out in Commission Decision (EU, Euratom) 2015/444 to such information regarding the EFTA States as well.”’
            
            
               16.
                     The following is inserted after point 42f (Regulation (EU) 2016/796 of the European Parliament and of the Council):
            
         
         
            
               ‘42fa. 32018 R 0764: Commission Implementing Regulation (EU) 2018/764 of 2 May 2018 on the fees and charges payable to the European Union Agency for Railways and their conditions of payment (OJ L 129, 25.5.2018, p. 68).
            
            
               42fb.32018 R 0867: Commission Implementing Regulation (EU) 2018/867 of 13 June 2018 laying down the rules of procedure of the Board(s) of Appeal of the European Union Agency for Railways (OJ L 149, 14.6.2018, p. 3).
            
            
               The provisions of the Regulation shall, for the purposes of this Agreement be read with the following adaptation:
            
            
               In Article 23 the words “, Icelandic and Norwegian” shall be added after the words “the Union”.’
            
            
               17.The following indent is added in point 42g (Directive 2007/59/EC of the European Parliament and of the Council):
            
            
               ‘-32019 R 0554: Commission Regulation (EU) 2019/554 of 5 April 2019 (OJ L 97, 8.4.2019, p. 1).’ 
            
            
               18.The following points are inserted after point 42h (Regulation (EC) No 1371/2007 of the European Parliament and of the Council):
            
            
               ‘42i.32016 L 0798: Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (recast) (OJ L 138, 26.5.2016, p. 102), as corrected by OJ L 59, 7.3.2017, p. 41 and by OJ L 317, 9.12.2019, p. 144-144.
            
            
               The provisions of the Directive shall, for the purposes of this Agreement be read with the following adaptation:
            
            
               In the second sentence of Article 15(3), the words “or, as regards the EFTA States, the EFTA Surveillance Authority” shall be inserted after the words “the Commission”.
            
            
               42ia.32018 R 0761: Commission Delegated Regulation (EU) 2018/761 of 16 February 2018 establishing common safety methods for supervision by national safety authorities after the issue of a single safety certificate or a safety authorisation pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 1077/2012 (OJ L 129, 25.5.2018, p. 16).
            
            
               42ib.32018 R 0762: Commission Delegated Regulation (EU) 2018/762 of 8 March 2018 establishing common safety methods on safety management system requirements pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulations (EU) No 1158/2010 and (EU) No 1169/2010 (OJ L 129, 25.5.2018, p. 26).
            
            
               42ic.32018 R 0763: 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 (OJ L 129, 25.5.2018, p. 49).
            
            
               The provisions of the Regulation shall, for the purposes of this Agreement be read with the following adaptation:
            
            
               In Article 5(1), the words “, Icelandic or Norwegian” shall be added after the words “the official languages of the Union”.
            
            
               42id.32019 R 0779: Commission Implementing Regulation (EU) 2019/779 of 16 May 2019 laying down detailed provisions on a system of certification of entities in charge of maintenance of vehicles pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 445/2011 (OJ L 139I, 27.5.2019, p. 360).’
            
            
               19.The texts of points 37dm (Commission Implementing Decision 2014/880/EU), 37df (Commission Regulation (EU) No 201/2011), 42ea (Commission Regulation (EC) No 653/2007), 42eh (Commission Regulation (EU) No 1077/2012), 37d (Directive 2008/57/EC of the European Parliament and of the Council), 42e (Directive 2004/49/EC of the European Parliament and of the Council) and 42eg (Commission Regulation (EU) No 445/2011) are deleted.
            
            
               20.The text of point 37da (Commission Decision 2007/756/EC) shall be deleted with effect from 16 June 2021.
            
            
               21.The text of point 37dl (Commission Decision 2012/757/EU) shall be deleted with effect from 16 June 2024.
            
            
               22.The text of points 42ee (Commission Regulation (EU) No 1169/2010) and 42ef (Commission Regulation (EU) No 1158/2010) shall be deleted with effect from 16 June 2025.
            
         
         
            
               Article 2
            
            
               The texts of Regulations (EU) 2016/796, (EU) 2016/2338, (EU) 2019/554 and (EU) No 1305/2014, Commission Delegated Regulations (EU) 2018/761 and (EU) 2018/762, Commission Implementing Regulations (EU) 2017/6, (EU) 2018/278, (EU) 2018/545, (EU) 2018/763, (EU) 2018/764, (EU) 2018/867, (EU) 2018/868, (EU) 2019/250, (EU) 2019/772, (EU) 2019/773, (EU) 2019/774, (EU) 2019/775, (EU) 2019/776, (EU) 2019/777, (EU) 2019/778, (EU) 2019/779, (EU) 2020/387, (EU) 2020/424, Directives (EU) 2016/797 and (EU) 2016/798, as corrected by OJ L 59, 7.3.2017, p. 41 and OJ L 317, 9.12.2019, p. 144, Commission Directive 2014/38/EU and Commission Implementing Decision (EU) 2018/1614, in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
            
            
               Article 3
            
            
               This Decision shall enter into force on […], provided that all the notifications under Article 103(1) of the EEA Agreement have been made
                  42*, or on the day of the entry into force of Decision of the EEA Joint committee No …/…
                  43
                [incorporating Directive (EU) 2012/34/EU], whichever is the later.
            
            
               Article 4
            
            
               This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
            
            
               Done at Brussels, […].
            
            
                  For the EEA Joint Committee
            
            
                  The President
            
            
                  […]
            
            
            
            
                  The Secretaries
            
            
                  To the EEA Joint Committee
            
            
                  […]
            
            
            
               
            
               Joint Declaration by the Contracting Parties
            
            
               to Decision of the Joint Committee No x/2020 of [date] incorporating Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 into the EEA Agreement
            
            
               [for adoption with the Decision and for publication in the OJ]
            
         
         
            
               Bearing in mind the two pillar system of the EEA Agreement and with regard to the transfer of power to the European Union Agency for Railways to issue vehicle authorisations and single safety certificates, and approve European Rail Traffic Management System trackside equipment projects, for applicants in the EFTA States, as well as the arbitration procedure provided for in disputes between national safety authorities of the EFTA States and the European Union Agency for Railways, the Contracting Parties recognise that this solution does not create a precedence for future adaptations of EU acts to be incorporated into the EEA Agreement.
            
            
            
            
         
         
            
                  
                     (1)
                  
                        OJ L 138, 26.5.2016, p. 1.
               
               
                  
                     (2)
                  
                        OJ L 354, 23.12.2016, p. 22.
               
               
                  
                     (3)
                  
                        OJ L 97, 8.4.2019, p. 1.
               
               
                  
                     (4)
                  
                        OJ L 356, 12.12.2014, p. 438.
               
               
                  
                     (5)
                  
                        OJ L 129, 25.5.2018, p. 16.
               
               
                  
                     (6)
                  
                        OJ L 129, 25.5.2018, p. 26.
               
               
                  
                     (7)
                  
                        OJ L 3, 6.1.2017, p. 6.
               
               
                  
                     (8)
                  
                        OJ L 54, 24.2.2018, p. 11.
               
               
                  
                     (9)
                  
                        OJ L 90, 6.4.2018, p. 66.
               
               
                  
                     (10)
                  
                        OJ L 129, 25.5.2018, p. 49.
               
               
                  
                     (11)
                  
                        OJ L 129, 25.5.2018, p. 68.
               
               
                  
                     (12)
                  
                        OJ L 149, 14.6.2018, p. 3.
               
               
                  
                     (13)
                  
                        OJ L 149, 14.6.2018, p. 16.
               
               
                  
                     (14)
                  
                        OJ L 42, 13.2.2019, p. 9.
               
               
                  
                     (15)
                  
                        OJ L 139I , 27.5.2019, p. 1.
               
               
                  
                     (16)
                  
                        OJ L 139I, 27.5.2019, p. 5.
               
               
                  
                     (17)
                  
                        OJ L 139I, 27.5.2019, p. 89.
               
               
                  
                     (18)
                  
                        OJ L 139I, 27.5.2019, p. 103.
               
               
                  
                     (19)
                  
                        OJ L 139I, 27.5.2019, p. 108.
               
               
                  
                     (20)
                  
                        OJ L 139I, 27.5.2019, p. 312.
               
               
                  
                     (21)
                  
                        OJ L 139I, 27.5.2019, p. 356.
               
               
                  
                     (22)
                  
                        OJ L 139I, 27.5.2019, p. 360.
               
               
                  
                     (23)
                  
                        OJ L 73, 10.3.2020, p. 6.
               
               
                  
                     (24)
                  
                        OJ L 84, 20.3.2020, p. 20.
               
               
                  
                     (25)
                  
                        OJ L 138, 26.5.2016, p. 44.
               
               
                  
                     (26)
                  
                        OJ L 138, 26.5.2016, p. 102.
               
               
                  
                     (27)
                  
                        OJ L 70, 11.3.2014. p. 20.
               
               
                  
                     (28)
                  
                        OJ L 268, 26.10.2018, p. 53.
               
               
                  
                     (29)
                  
                        OJ L 13, 18.1.2006, p. 1.
               
               
                  
                     (30)
                  
                        OJ L 164, 30.4.2004, p. 1.
               
               
                  
                     (31)
                  
                        OJ L 320, 17.11.2012, p. 3.
               
               
                  
                     (32)
                  
                        OJ L 326, 10.12.2010, p. 11.
               
               
                  
                     (33)
                  
                        OJ L 327, 11.12.2010, p. 13.
               
               
                  
                     (34)
                  
                        OJ L 153, 14.6.2007, p. 9.
               
               
                  
                     (35)
                  
                        OJ L 305, 23.11.2007, p. 30.
               
               
                  
                     (36)
                  
                        OJ L 57, 2.3.2011, p. 8.
               
               
                  
                     (37)
                  
                        OJ L 345, 15.12.2012, p. 1.
               
               
                  
                     (38)
                  
                        OJ L 356, 12.12.2014, p. 489.
               
               
                  
                     (39)
                  
                        OJ L 122, 11.5.2011, p. 22.
               
               
                  
                     (40)
                  
                        OJ L 191, 18.7.2008, p. 1.
               
               
                  
                     (41)
                  
                        OJ L 164, 30.4.2004, p. 44.
               
               
                  
                     (42)
                  *
                        [No constitutional requirements indicated.] [Constitutional requirements indicated.]
               
               
                  
                     (43)
                  
                        OJ L ...