CELEX: 
Language: en
Date: 2019-11-22
Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Commission Regulations (EU) No 321/2013, (EU) No 1299/2014, (EU) No 1300/2014, (EU) No 1301/2014, (EU) No 1302/2014, (EU) No 1303/2014, (EU) No 1304/2014 and (EU) 2016/919 as regards the extension of the area of use, the transition phase and applicable standards

COMMISSION IMPLEMENTING REGULATION (EU) …/...
            
            
               of XXX
            
            
               amending Commission Regulations (EU) No 321/2013, (EU) No 1299/2014, (EU) No 1300/2014, (EU) No 1301/2014, (EU) No 1302/2014, (EU) No 1303/2014, (EU) No 1304/2014 and (EU) 2016/919 as regards the extension of the area of use, 
                  the transition phase and applicable standards
            
            
               (Text with EEA relevance)
            
            
               THE EUROPEAN COMMISSION,
            
            
               Having regard to the Treaty on the Functioning of the European Union,
            
            
               Having regard to 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
                  1
               , and in particular Article 5(11) thereof,
            
            
               Whereas:
            
            
               (1)Pursuant to Article 54(2) and (3) of Directive (EU) 2016/797, vehicles authorised for placing in service prior to 15 June 2016 are to receive a new authorization for placing on the market in accordance with Article 21 of that Directive before they can be operated on one or more networks which are not already covered by their initial authorisation. Such vehicles are thus required either to conform to the technical specifications for interoperability (TSIs) in force or be entitled not to apply those TSIs pursuant to Article 7(1) of that Directive. At the same time, one of the objectives of Directive (EU) 2016/797 is the streamlining and harmonisation of authorisation procedures at Union level to facilitate the free movement of vehicles. To this end, clause 7.6.1 of the Annex to Commission Regulation (EU) No 321/2013
                  2
                and clause 7.5.2.3 of the Annex to Commission Regulation (EU) No 1302/2014
                  3
                call for the development of flexibility provisions with regards to compliance with the TSI requirements. Those provisions are to set out which level of flexibility could be granted in case of extension of the area of use of vehicles placed in service before 15 June 2016, while fulfilling the essential requirements, maintaining the appropriate safety level, and where reasonably practicable, improving it. Those Regulations should therefore be amended accordingly. For the same reasons, such clarification should also be provided for Commission Regulation (EU) 2016/919
                  4
               .
            
            
               (2)There are divergent approaches amongst notified bodies and authorising entities  in the rail sector with regards to  the  application of the different transitional provisions set out in clauses 7.1.1.2 to 7.1.1.8 and clause 7.1.3.1 of the Annex to Regulation (EU) No 1302/2014. Similarly, there are divergent approaches  in the rail sector with regards to  the validity period of EC type or design examination certificates in case of changes to an existing rolling stock type, as set out in clause 7.2.2.2 of the Annex to Regulation (EU) No 321/2013 and clause 7.1.2.2 of the Annex to Regulation (EU) No 1302/2014. To ensure harmonisation within the Union rail  sector  and to facilitate  achieving  the target system and in order  to avoid divergent application of those transition provisions and validity periods of certificates, those provisions should be amended.
            
            
               (3)In accordance with point (f) of Article 3(5) of Commission Delegated Decision (EU) 2017/1474
                  5
               , TSIs are to include provisions which integrate references to standards and to other technical documents evolving regularly in a way which allows their updating in a timely manner. In order to establish compliance with the essential requirements referred to in Annex III to Directive (EU) 2016/797, applicants as defined in Article 2(22) of Directive (EU) 2016/797 are to apply the version of the relevant standards referred to in the TSIs. However, to ensure even more flexibility, they should be authorised to apply, under certain conditions, a more recent version of a standard. Commission Regulations (EU) No 321/2013, (EU) No 1299/2014
                  6
               , (EU) No 1300/2014
                  7
               , (EU) No 1301/2014
                  8
               , (EU) No 1302/2014, (EU) No 1303/2014
                  9
               , (EU) No 1304/2014
                  10
                and (EU) 2016/919 should therefore be amended accordingly.
            
            
               (4)The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 51(1) of Directive (EU) 2016/797,
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
               Amendments to WAG TSI
            
            
               Regulation (EU) No 321/2013 is amended as follows:
            
            
               (1)the following Article 10b is inserted:
            
            
               ‘Article 10b
            
            
               In order to keep up with developments in EN standards referred to in Appendix D of the Annex to this Regulation, applicants are authorised to apply, for each standard referred to in Appendix D, either of the following versions:
            
            
               (a)
                     the version referred to in Appendix D;
            
         
         
            
               (b)
                     a more recent version of the same standard or of a standard replacing that standard, provided that that more recent version or standard is listed in the Official Journal of the European Union as harmonised standard under Directive (EU) 2016/797 and that Annex ZA or ZZ to that more recent version or standard confirms that it provides presumption of conformity to this TSI in relation with the parameter under consideration.’;
            
            
               (2)the Annex is amended in accordance with Annex I to this Regulation.
            
            
               Article 2
                  Amendment to INF TSI
            
            
               In Regulation (EU) No 1299/2014, the following Article 10a is inserted:
            
            
               ‘Article 10a
            
            
               New harmonised standards
            
            
               In order to keep up with developments in EN standards referred to in Appendix T of the Annex to this Regulation, applicants are authorised to apply, for each standard referred to in Appendix T, either of the following versions: 
            
            
               (a)
                     the version referred to in Appendix T; 
            
            
               (b)
                     a more recent version of the same standard or of a standard replacing that standard, provided that that more recent version or standard is listed in the Official Journal of the European Union as harmonised standard under Directive (EU) 2016/797 and that Annex ZA or ZZ to that more recent version or standard confirms that it provides presumption of conformity to this TSI in relation with the parameter under consideration.’.
            
            
               Article 3
                  Amendment to PRM TSI
            
            
               In Regulation (EU) No 1300/2014, the following Article 10a is inserted:
            
            
               ‘Article 10a
            
            
               New harmonised standards
            
            
               In order to keep up with developments in EN standards referred to in Appendix A of the Annex to this Regulation, applicants are authorised to apply, for each standard referred to in Appendix A, either of the following versions: 
            
            
               (a)the version referred to in Appendix A; 
            
            
               (b)a more recent version of the same standard or of a standard replacing that standard, provided that that more recent version or standard is listed in the Official Journal of the European Union as harmonised standard under Directive (EU) 2016/797 and that Annex ZA or ZZ to that more recent version or standard confirms that it provides presumption of conformity to this TSI in relation with the parameter under consideration.
            
            
               ____________
            
            
               * 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 (OJ L 138, 26.5.2016, p. 44).’.
            
            
               Article 4
                  Amendment to ENE TSI
            
            
               In Regulation (EU) No 1301/2014, the following Article 10a is inserted:
            
         
         
            
               ‘Article 10a
            
            
               New harmonised standards
            
            
               In order to keep up with developments in EN standards referred to in Appendix E of the Annex to this Regulation, applicants are authorised to apply, for each standard referred to in Appendix E, either of the following versions: 
            
            
               (a)
                     the version referred to in Appendix E; 
            
            
               (b)
                     a more recent version of the same standard or of a standard replacing that standard, provided that that more recent version or standard is listed in the Official Journal of the European Union as harmonised standard under Directive (EU) 2016/797 and that Annex ZA or ZZ to that more recent version or standard confirms that it provides presumption of conformity to this TSI in relation with the parameter under consideration.’.
            
            
               Article 5
                  Amendments to LOC&PAS TSI
            
            
               Regulation (EU) No 1302/2014 is amended as follows:
            
            
               (1)the following Article 10a is inserted:
            
            
               ‘Article 10a
            
            
               In order to keep up with developments in EN standards referred to in Appendix J-1 of the Annex to this Regulation, applicants are authorised to apply, for each standard referred to in Appendix J-1, either of the following versions:
            
            
               (a)
                     the version referred to in Appendix J-1; 
            
            
               (b)
                     a more recent version of the same standard or of a standard replacing that standard, provided that that more recent version or standard is listed in the Official Journal of the European Union as harmonised standard under Directive (EU) 2016/797 and that Annex ZA or ZZ to that more recent version or standard confirms that it provides presumption of conformity to this TSI in relation with the parameter under consideration.’;
            
            
               (2)in the second subparagraph of Article 11(1), the introductory phrase is replaced by the following:
            
            
               ‘They shall however continue to apply, without prejudice to clauses 7.1.1.4 to 7.1.1.8 of the Annex, to:’;
            
            
               (3)the Annex is amended in accordance with Annex II to this Regulation.
            
            
               Article 6
                  Amendment to SRT TSI
            
            
               In Regulation (EU) No 1303/2014, the following Article 8a is inserted:
            
            
               ‘Article 8a
            
            
               In order to keep up with developments in EN standards referred to in Appendix A of the Annex to this Regulation, applicants are authorised to apply, for each standard referred to in Appendix A, either of the following versions: 
            
            
               (a)
                     the version referred to in Appendix A; 
            
         
         
            
               (b)a more recent version of the same standard or of a standard replacing that standard, provided that that more recent version or standard is listed in the Official Journal of the European Union as harmonised standard under Directive (EU) 2016/797 and that Annex ZA or ZZ to that more recent version or standard confirms that it provides presumption of conformity to this TSI in relation with the parameter under consideration.’.
            
            
               Article 7
                  Amendment to NOI TSI
            
            
               In Regulation (EU) No 1304/2014, the following Article 8a is inserted:
            
            
               ‘Article 8a
            
            
               In order to keep up with developments in EN standards referred  to in Appendix B of the Annex to this Regulation, applicants are authorised to apply, for each standard referred to in Appendix B, either of the following versions: 
            
            
               (a)
                     the version referred to in Appendix B; 
            
            
               (b)
                     a more recent version of the same standard or of a standard replacing that standard, provided that that more recent version or standard is listed in the Official Journal of the European Union as harmonised standard under Directive (EU) 2016/797 and that Annex ZA or ZZ to that more recent version or standard confirms that it provides presumption of conformity to this TSI in relation with the parameter under consideration.’.
            
            
               Article 8
                  Amendments to CCS TSI
            
            
                Regulation (EU) 2016/919 is amended as follows:
            
            
               (1)the following Article 10a is inserted:
            
            
               ‘Article 10a
            
            
               New harmonised standards
            
            
               In order to keep up with developments in EN standards referred to in Tables A 3 and A 4 of Annex A to this Regulation, applicants are authorised to apply, for each standard referred to in Tables A 3 and A 4 of Annex A, either of the following versions:
            
            
               (a)the version referred to in the Tables A 3 and A 4 of Annex A; 
            
            
               (b)
                     a more recent version of the same standard or of a standard replacing that standard, provided that that more recent version or standard is listed in the Official Journal of the European Union as harmonised standard under Directive (EU) 2016/797 and that Annex ZA or ZZ to that more recent version or standard confirms that it provides presumption of conformity to this TSI in relation with the parameter under consideration.’;
            
            
               (2)the Annex is amended in accordance with Annex III to this Regulation.
            
            
               Article 9
                  Entry into force
            
            
               This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            
            
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
            
            
               Done at Brussels,
            
         
         
            
               
                     For the Commission
               
               
                     The President
                     […]
               
            
         
         
      
    ---documentbreak--- 
      
         
         
            
               ANNEX I
            
            
               The Annex to Regulation (EU) No 321/2013 is amended as follows: 
            
            
               (1)in clause 7.2.2.2, the three paragraphs directly following Table 11a are replaced by the following:
            
            
               ‘In order to establish the EC type or design examination certificate, the notified body selected by the entity managing the change may refer to: 
            
            
               –the original EC type or design examination certificate for parts of the design that are unchanged or those that are changed but do not affect the conformity of the subsystem, as far as it is still valid (during 10 years phase B period), 
            
            
               –additional EC type or design examination certificate (amending the original certificate) for modified parts of the design that affect the conformity of the subsystem with the latest revision of this TSI in force at that time.
            
            
               The validity period of the new EC type or design examination certificate shall be limited to the remaining validity period of the original EC type or design examination certificate.’;
            
            
               (2)the following clause 7.2.2.4 is added:
            
            
               ‘7.2.2.4. Rules for the extension of the area of use for existing units having an authorisation in accordance with Directive 2008/57/EC or in operation before 19 July 2010 
            
            
               (1)In the absence of full conformity with this TSI, point 2 applies to units that fulfil the following conditions when requesting an extension of their area of use in accordance with Article 21(13) of Directive (EU) 2016/797:
            
            
               1.they have been authorised in accordance with Directive 2008/57/EC or put in operation before 19 July 2010;
            
            
               2.they are still in operation and registered in the National Vehicle Register in accordance with Commission Decision 2007/756/EC* or in the European Vehicle Register in accordance with Commission Implementing Decision (EU) 2018/1614** and subject to maintenance in accordance with Commission Implementing Regulation (EU) 2019/779***. 
            
            
               (2)Authorisation for an extended area of use of the units referred to in point 1 shall be based on the existing authorisation, if any, and on the technical compatibility between the unit and the network in accordance with point (d) of Article 21(3) of Directive (EU) 2016/797. To this purpose, the applicant shall provide an ‘EC’ declaration of verification accompanied by technical files giving evidence of compliance with, or equivalent effect to, the requirements set out in this TSI for all basic parameters referred to in column 1 of Table 11a of this TSI, through one or a combination of the following:
            
            
               (a)compliance with requirements of this TSI;
            
            
               (b)compliance with corresponding requirements set out in a previous TSI; 
            
            
               (c)compliance with alternative specifications deemed to have equivalent effect to the relevant requirements set out in this TSI;
            
            
               (d)evidence that the requirements for technical compatibility with the network of the extended area of use are equivalent to the requirements for technical compatibility with the network for which the unit is already authorised or in operation. Such evidence may be based on the information in the register of railway infrastructure (RINF).
            
            
               (3)In addition to the requirements referred to in point 2 and where applicable, the applicant shall provide an ‘EC’ declaration of verification accompanied by technical files giving evidence of compliance with the following:
            
            
               (a)specific cases listed in this TSI and the TSI Noise (Regulation (EU) No 1304/2014); 
            
         
         
            
               (b)the national rules referred to in points (a), (c) and (d) of Article 13(2) of Directive (EU) 2016/797 as notified in accordance with Article 14 of that Directive or alternative specifications, relevant and deemed to have equivalent effect to those national rules.
            
            
               (4)The relevance and the equivalent effect of alternative specifications to the requirements of this TSI shall be assessed by the authorising entity. The relevance and the equivalent effect of alternative specifications to national rules shall be assessed by the NSA of the area of use. The equivalence of requirements for technical compatibility with the network shall be assessed by the authorising entity. 
            
            
               (5)The authorising entity shall make publicly available through the Agency website details of the alternative specifications referred to in point 2(c) and 3(b) and of the requirements for technical compatibility with the network referred to in point 2(d) on the basis of which it granted authorisations for the extended area of use.
            
            
               ___________
            
            
               * 
                     Commission Decision 2007/756/EC of 9 November 2007 adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC (OJ L 305, 23.11.2007, p. 30).
            
            
               ** 
                     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).
            
            
               *** 
                     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 139 I, 27.5.2018, p. 360).’.
            
            
            
               ANNEX II
            
            
               The Annex to Regulation (EU) No 1302/2014 is amended as follows: 
            
            
               (1)in clause 7.1.2.2, point (11) is replaced by the following:
            
            
               ‘(11)
                     In order to establish the EC type or design examination certificate, the notified body selected by the entity managing the change may refer to: 
            
            
               –the original EC type or design examination certificate for parts of the design that are unchanged or those that are changed but do not affect the conformity of the subsystem, as far as it is still valid (during 7 years phase B period);
            
            
               –additional EC type or design examination certificate (amending the original certificate) for modified parts of the design that affect the conformity of the subsystem with the latest revision of this TSI in force at that time.
            
            
               The validity period of the new EC type or design examination certificate shall be limited to the remaining validity period of the original EC type or design examination certificate.’;
            
            
               (2)in clause 7.1.3.1, point (4) is replaced by the following:
            
            
               ‘(4) The TSI assessment basis for a type is defined for a phase A period, with a duration of maximum seven years. Without prejudice to clauses 7.1.1.4 to 7.1.1.8, during the phase A period the assessment basis for EC verification to be used by the notified body shall not change.’;
            
            
               (3)the following clause 7.1.4 is added:
            
            
               ‘7.1.4. Rules for the extension of the area of use for existing rolling stock having an authorisation in accordance with Directive 2008/57/EC or in operation before 19 July 2010
            
            
               (1)In the absence of full conformity with this TSI, point 2 applies to rolling stock that fulfils the following conditions when requesting the extension of its area of use in accordance with Article 21(13) of Directive (EU) 2016/797:
            
         
         
            
               (a)it has been authorised in accordance with Directive 2008/57/EC or put in operation before 19 July 2010;
            
            
               (b)it is still in operation and registered in the in the National Vehicle Register in accordance with Commission Decision 2007/756/EC* or in the European Vehicle Register in accordance with Commission Implementing Decision (EU) 2018/1614** and subject to maintenance in accordance with Commission Implementing Regulation (EU) 2019/779***.
            
            
               (2)Authorisation for an extended area of use of the rolling stock referred to in point 1 shall be based on the existing authorisation, if any, and on the technical compatibility between the rolling stock and the network in accordance with point (d) of Article 21(3) of Directive (EU) 2016/797. To this purpose, the applicant shall provide an ‘EC’ declaration of verification accompanied by technical files giving evidence of compliance with, or equivalent effect to, the requirements set out in this TSI for all basic parameters referred to in column 1 of Tables 17a and 17b and with clauses 4.2.4.2.2, 4.2.5.5.8 and 4.2.5.5.9 of this TSI, through one or a combination of the following:
            
            
               (a)compliance with requirements set out in this TSI;
            
            
               (b)compliance with corresponding requirements set out in a previous TSI; 
            
            
               (c)compliance with alternative specifications deemed to have equivalent effect to the relevant requirements set out in this TSI;
            
            
               (d)evidence that the requirements for technical compatibility with the network of the extended area of use are equivalent to the requirements for technical compatibility with the network for which the rolling stock is already authorised or in operation. Such evidence may be based on the information of the register of railway infrastructure (RINF). 
            
            
               (3)In addition to the requirements mentioned referred to in point 2 and where applicable, the applicant shall provide an ‘EC’ declaration of verification accompanied by technical files giving evidence of compliance with the following:
            
            
               (a)specific cases listed in this TSI, the TSI Noise (Regulation (EU) No 1304/2014) and the TSI PRM (Regulation (EU) No 1300/2014); 
            
            
               (b)the national rules referred to in points (a), (c) and (d) of Article 13(2) of Directive (EU) 2016/797 as notified in accordance with Article 14 of that Directive or alternative specifications, relevant and deemed to have equivalent effect to those national rules.
            
            
               (4)The relevance and the equivalent effect of alternative specifications to the requirements of this TSI shall be assessed by the authorising entity. The relevance and the equivalent effect of alternative specifications to national rules shall be assessed by the NSA of the area of use. The equivalence of requirements for technical compatibility with the networks shall be assessed by the authorising entity.
            
            
               (5)The authorising entity shall make publicly available through the Agency website details of the alternative specifications referred to in point 2(c) and 3(b) and of the requirements for technical compatibility with the network referred to in point 2(d) on the basis of which it granted authorisations for the extended area of use.
            
            
               ___________
            
            
               * 
                     Commission Decision 2007/756/EC of 9 November 2007 adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC (OJ L 305, 23.11.2007, p. 30).
            
            
               ** 
                     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).
            
            
               *** 
                     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 139 I, 27.5.2018, p. 360).’.
            
            
            
               ANNEX III
            
            
               The Annex to Regulation (EU) 2016/919 is amended as follows: 
            
            
               (1)the following clause 7.4.2.4 is added:
            
         
         
            
               ‘7.4.2.4 Rules for the extension of the area of use for existing vehicle
            
            
               The following rules apply to existing vehicles in operation and registered in the National Vehicle Register in accordance with Commission Decision 2007/756/EC*, or in the European Vehicle Register in accordance with Commission Implementing Decision (EU) 2018/1614**, when requesting an extension of the area of use:
            
            
               (1)Vehicles shall comply with relevant special provisions applicable in the specific cases referred to in clause 7.6 of this Annex and with relevant national rules referred to in points (a), (c) and (d) of Article 13(2) of Directive (EU) 2016/797 notified in accordance with Article 14 of that Directive.
            
            
               (2)Vehicles already equipped with ETCS or GSM-R need not be upgraded, except where required for technical compatibility.
            
            
               (3)Vehicles that are not already equipped with ETCS shall install ETCS and comply with sets of specifications #2 or #3 referred to in Tables A 2.1 and A 2.2 of Annex A. Except where required for technical compatibility, the requirement to be equipped with ETCS shall not apply to: 
            
            
               (a)vehicles not intended for operating on high-speed lines, if authorised for placing on the market before 1 January 2015;
            
            
               (b)vehicles not intended for operating on high-speed lines, authorised for placing on the market as of 1 January 2015, in either of the following situations: 
            
            
               (i) if they are intended exclusively for operations outside the corridors specified in Annex I to Implementing Regulation (EU) 2017/6 and outside the lines ensuring the connections to the main European ports, marshalling yards, freight terminals and freight transport areas as referred to in Annex II to Regulation (EU) No 1315/2013; 
            
            
               (ii) if they are intended for off-TEN cross-border service, namely service until the first station in the neighbouring country or to the first station where there are connections further in the neighbouring country utilising only lines outside of the TEN; 
            
            
               (c)mobile railway infrastructure construction and maintenance equipment;
            
            
               (d)shunting locomotives.
            
            
               (4)Vehicles that are not yet equipped with GSM-R for voice shall install GSM-R cab radio and comply with the specifications referred to in Tables A 2.1, A 2.2 and A 2.3 of Annex A when the vehicle is intended for use on a network including at least one point equipped with GSM-R, except if superimposed to a legacy radio communication system compatible with the class B already installed in the vehicle.
            
            
               (5)Vehicles that are not yet equipped with GSM-R for ETCS data shall install GSM-R EDOR and comply with the specifications referred to in Tables A 2.1, A 2.2 and A 2.3 of Annex A when the vehicle is required to install ETCS in accordance with point 3 and it is intended to operate in a network in the extended area of use that is equipped with only ETCS Level 2 or 3.
            
            
               ___________
            
            
               * 
                     Commission Decision 2007/756/EC of 9 November 2007 adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC (OJ L 305, 23.11.2007, p. 30).
            
            
               ** 
                     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).’.