41.—(1) A F40[railway organisation] first established in another Member State (“foreign railway”) which operates or proposes to operate an international service using only the infrastructure of another F40[railway organisation] first established in the State, is deemed to have met the requirements of section 39 where—

(a) it has implemented a safety management system in compliance with the national requirements of the other Member State,

(b) it holds a valid F41[safety management certificate] issued by the relevant competent authority in that other Member State, where it is required by that other Member State to do so, and

(c) it has an agreement under section 40(1) with the F40[railway organisation] first established in the State.

(2) A copy of a F41[safety management certificate] or other evidence of compliance, as the case may be, issued or given to a foreign railway by the relevant competent authority of another Member State and a copy of any agreement under section 40(1) between the foreign railway and a railway established in the State, together with any such other information as may be required by the Commission for the purposes of section 46(2), is deemed to be a F42[safety management document] for the purposes of this Part.

(3) A F41[safety management certificate] issued to a foreign railway shall specify that the F41[safety management certificate] is in respect of that element of the international service within the State only.

(4) A reference to an amendment to, a revision of, audit of, or compliance with a F42[safety management document] in this Act shall, in respect of a foreign railway, be construed as an amendment to, revision of, audit of, or compliance with the agreement under section 40(1) and of such other information provided by the F40[railway organisation] under subsection (2).

(5) A foreign railway which is applying for a F41[safety management certificate] in respect of that element of an international service within the State, shall provide to the Commission a copy of the F42[safety management document] accepted by the competent authority of the other Member State or where no F42[safety management document] was or is required by the other Member State, such documentary evidence of its safety management system as the Commission may direct.

(6) In this section “Member State” means a Member State of the European Communities.