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Tarbijakaitse ja Tehnilise Järelevalve Amet · 19. mai 2021
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1-3/2021/0069-1
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19. mai 2021
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Leping
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1-3/2021
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CROSS-BORDER AGREEMENT ON EXTENSION OF THE AREA OF OPERATIONS AND THE AREA OF USE BETWEEN Tarbijakaitse ja Tehnilise Järelevalve Amet being the National Safety Authority of the Republic of Estonia (hereinafter referred to as "NSA EE") having its seat at Endla 10a, 10122 Tallinn, represented for the purposes of the signature of this Cross-border Agreement by Kaur Kajak, Director General. AND Valsts dzelzceļa tehniskā inspekcija being the National Safety Authority of the Republic of Latvia (hereinafter referred to as "NSA LV") having its seat at Riepnieku iela 2, Rīga LV-1050 Latvia, represented for the purposes of the signature of this Cross-border Agreement by Andris DUNSKIS, Director, Hereinafter referred to collectively as “NSAs” and individually as “NSA EE or NSA LV”. Having regard to Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (hereinafter referred to as “Directive 2016/798”), and in particular Article 10 (8) thereof, 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 (hereinafter referred to as “Directive 2016/797”), and in particular Article 21 (8) thereof, Article 1. Scope of the agreement This Cross-border Agreement sets out the principles of the procedures between NSA EE and NSA LV in case of referred in the Article 10 (8) of Directive 2016/798 and in case referred in Article 21(8) of Directive 2016/797. Article 2. Cross-border section and stations 1.The railway infrastructure – the railway line and the railway station close to state border – for the purpose of this Cross-border Agreement is: 1.1. the railway section Lugaži – Valga which consists of section Lugaži – State border (2 km) in the Republic of Latvia and section State border – Valga (1,17 km) in Republic of Estonia; 1.2. the railway station Valga in the territory of Republic of Estonia. 2. The technical characteristic of both border sections and the operating rules of railway infrastructure referred in point 1 of this Article are similar. Article 3. Extension of area of operation for railway undertakings 1. The NSA EE and the NSA LV agree that the single safety certificate could be issued by NSA LV operating in accordance with the Article 10 (8) of Directive 2016/798 to railway undertakings travelling from Latvian State border till Valga station if the railway undertaking requests this in the applications for the issuing of single safety certificate and provides the necessary documentation. 2. The NSA EE and the NSA LV agree that the NSA LV could make the assessment and provide its report for the European Union Railway Agency operating in accordance with the Article 10 (5) of the Directive 2016/798 on the application of the railway undertaking travelling from Latvia State border till Valga station if the railway undertaking requests this in the applications for the issuing of single safety certificate and provides the necessary documentation. Article 4. Extension of area of use for vehicles 1. The NSA EE and the NSA LV agree that the vehicle authorisation for placing on the market could be issued by NSA LV operating in accordance with the Article 21 (8) of Directive 2016/797 for vehicles travelling from Latvian State border till Valga station if the applicant requests this in the applications for the authorisation for placing on the market. 2. The NSA EE and the NSA LV agree that the NSA LV could make the assessment and provide its report for the European Union Railway Agency operating in accordance with the Article 21 (5) of the Directive 2016/797 on the vehicles travelling from Latvia State border till Valga station if the applicant requests this in the applications for vehicle authorisation for placing on the market. Article 5. Practical arrangements of issuing the single safety certificate and vehicle authorisation for placing on the market 1. When the railway undertaking travelling from Latvian State border till Valga station requests the single safety certificate NSA LV operating according to Article 10 (8) of the Directive 2016/798 or the European Union Railway Agency operating according to Article 10 (5) of the Directive 2016/798 shall respect the requirements of the 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. 2. For issuing the authorisation for placing on the market the vehicles travelling from Latvian State border till Valga NSA LV operating according to Article 21 (8) of the Directive 2016/797 or the European Union Railway Agency operating according to Article 21 (5) of the Directive 2016/797 shall respect the requirements of the 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. Article 6. Cooperation of the NSAs 1. Beyond the cooperation agreed in the previous articles, the NSAs support each other in clarifying any question in matters of single safety certificate or vehicle authorization for placing on the market. 2. NSA LV should inform NSA EE about single safety certificates or vehicle authorizations for placing on the market issued under this Cross-border Agreement within the period of one month by sending the e-mail to the contact person. Article 7. Common language and the level of confidentiality of the information 1. All communication between NSAs under this Cross-border Agreement herewith shall be in English language unless NSAs agreed otherwise. 2. All information gained from the applications for single safety certificate and authorization for placing on the market of vehicles is considered confidential and may not be disclosed by either NSA to any third parties, except with the prior written consent of the party who supplied the information. Articles 8. Contact points All communications go through the designated contact persons as follows: 1. NSA EE: Kristi Lambing E-mail [email protected] Tel +372 6672064 2. NSA LV: Jelena Stepanova E-mail [email protected] Tel. +371 29532059 If the contact person changes in either NSA, the other NSA should be informed of the new contact person. Article 12. Entry into force This Cross-border Agreement shall enter into force upon signature by both NSAs and shall remain in force, on the understanding that either NSA is at liberty to terminate it at any time after furnishing to the other NSA a notice of termination, in writing, three (3) months in advance of the date on which the Party furnishing such notice wishes to have the Cross-border Agreement terminated. Article 13. Amendment This Cross-border Agreement may be amended and modified at any time in writing by mutual consent of the NSAs. Such amendment or modification shall form an integral part of this Cross- border Agreement and shall enter into force on such a date as shall be determined by both NSAs. The Cross-border Agreement is drawn up in the English language and signed with secure electronic signature and contains time-stamp For Tarbijakaitse ja Tehnilise Järelevalve For Valsts dzelzceļa tehniskā inspekcija: Amet: Kaur Kajak Signature Andris DUNSKISnot validated Director General Director Digitally signed by ANDRIS DUNSKIS ……………………………………… Date: 2021.05.11 09:48:44 EEST ………………………………………..
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