Ștefan Roșeanu, Club FeroviarImpact of 4thRailway Package onbusiness environmentMay 10, 2013, Bucharest
Content:1. About AIF - Romanian Railway Industry Association2. About Club Feroviar3. The reforming process of Romanian Rai...
1. About AIF - Romanian Railway Industry AssociationClub FeroviarMay 10, 2013, BucharestThe Romanian Railway Industry Asso...
2. About Club FeroviarRailway andmultimodal transportbusiness consultancyservicesRailway Business Clubnetworkingbusiness-m...
2. About Club FeroviarObjective:The development of strong, competitive, integratedregional and EurasianRAILWAY BUSINESS EN...
3. The reforming process of Romanian RailwaysPrivatisation of someproduction unitsReorganisation of theeconomyVerticalsepa...
4. The reforming process of EU RailwaysDirective91/440/EECon thedevelopmentof theCommunitysrailwaysClub FeroviarMay 10, 20...
5. Co-decision process on 4thRailway Package4thRailway PackageLegislative proposalpublishedClub FeroviarMay 10, 2013, Buch...
Club FeroviarMay 10, 2013, Bucharest6. 4th Railway Package6.1. Market liberalisation1. Proposal for a REGULATION OF THE EU...
Club FeroviarMay 10, 2013, Bucharest6. 4th Railway Package6.2. Safety and interoperability4. Proposal for a REGULATION OF ...
Club FeroviarMay 10, 2013, Bucharest6. 4th Railway Package6.3. Main topics within the 4thRailway Package1. Infrastructure ...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (1)Proposal for a REGULATION OF THE EUROPEAN PARLIAM...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (1)1. During 2008 - 2012 only 4 European Member Stat...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (2)Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAME...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (2)Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAME...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (2)Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAME...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (2)Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAME...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (2)New definitions:1. ‘infrastructure manager’ means...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (2)Article 7Institutional separation of the infrastr...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (2)Article 7b:(...)For a period of three years after...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (2)Member States shall adopt and publish, by [18 mon...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)Proposal for a REGULATION OF THE EUROPEAN PARLIAM...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)Proposal for a REGULATION OF THE EUROPEAN PARLIAM...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)Proposal for a REGULATION OF THE EUROPEAN PARLIAM...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)Proposal for a REGULATION OF THE EUROPEAN PARLIAM...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)1. a) Point (c) of Article 2 is replaced by the f...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)2. The following Article 2a is inserted:"Article ...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)In establishing public transport plans, competent...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)For public passenger transport by rail the assess...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)6. For public passenger transport by rail:complia...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)Paragraph 6 is replaced by the following:"Where c...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)4. Article 5 is amended as follows:Paragraph 4 is...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)5. The following Article 5a is inserted:"Article ...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)The competent authority may comply with the requi...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)3. If the rolling stock is transferred to a new p...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)7. Article 7 is amended as follows:Paragraph 1 is...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)8. Article 8 is amended as follows:The first subp...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)9. "The following Article 9a is inserted:Article ...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Proposal for a REGULATION OF THE EUROPEAN PARLIAM...
Club FeroviarMay 10, 2013, BucharestFig. 6 - Problems and driversSource: EC Impact Assessment 4thRP_SWD2013/8 finalIneffic...
Club FeroviarMay 10, 2013, BucharestFig. 7 - Stakeholder views ondifferent problem elementsSource: EC Impact Assessment4th...
Club FeroviarMay 10, 2013, BucharestFig. 9 - Links between the problems and objectivesSource: EC Impact Assessment 4thRP_S...
Club FeroviarMay 10, 2013, BucharestFig. 10 - Average reduction in authorisation timescales by combined optionsSource: EC ...
Club FeroviarMay 10, 2013, BucharestFig. 11 - Total opportunity cost savings 2015-2025 of options 2-5 in combination witho...
Club FeroviarMay 10, 2013, BucharestFig. 12 - National technical rules schematicSource: EC Impact Assessment 4thRP_SWD2013...
Club FeroviarMay 10, 2013, BucharestFig. 13 - Process for removing nationaltechnical rulesSource: EC Impact Assessment 4th...
Club FeroviarMay 10, 2013, BucharestFig. 14 - Process forremoving national safetyrulesSource: EC Impact Assessment4thRP_SW...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 1Subject matter and scope1. This Regulati...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 2Legal status1. The Agency shall be a bod...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 3Types of acts of the AgencyThe Agency ma...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 2WORKING METHODSArticle 4Creation and com...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 4Creation and composition of the working ...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 5Consultation of the social partnersWhene...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 6Consultation of rail freight customers a...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 7Impact assessment1. The Agency shall con...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 8StudiesWhere required for the implementa...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 10Visits to Member States1. The Agency ma...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 3TASKS RELATING TO RAILWAY SAFETYArticle ...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 13Maintenance of vehicles1. The Agency sh...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 4TASKS RELATING TO INTEROPERABILITYArticl...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 4TASKS RELATING TO INTEROPERABILITYArticl...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 16Authorisations for placing on the marke...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 19Telematics applications1. The Agency sh...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 20Support for the notified conformity ass...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 5TASKS RELATING TO NATIONAL RULESArticle ...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 5TASKS RELATING TO NATIONAL RULESArticle ...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 22Examination of national rules in force1...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 22Examination of national rules in force4...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 23IT system to be used for notification p...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 6Tasks Relating To European Rail Traffic ...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 6Tasks Relating To European Rail Traffic ...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 25ERTMS Ad hoc working group of notified ...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 26Supporting technical and operational co...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 27Supporting ERTMS deployment and ERTMS p...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 7TASKS RELATING TO MONITORING THE SINGLE ...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 29Monitoring of national safety authoriti...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 30Monitoring of notified conformity asses...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 30Monitoring of notified conformity asses...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 30Monitoring of notified conformity asses...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 31Monitoring progress of interoperability...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 8OTHER TASKSArticle 32Railway staff1. The...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 33Registers and their accessibility1. The...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 33Registers and their accessibility2. The...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 33Registers and their accessibility2. The...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 34Networks of national safety authorities...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 34Networks of national safety authorities...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 36Research and promotion of innovation1. ...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 38Assistance with the assessment of rail ...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 39Assistance to Member States, candidate ...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 41Coordination regarding spare partsThe A...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 9ORGANISATION OF THE AGENCYArticle 42Admi...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 43Composition of the Management Board1. T...
Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 43Composition of the Management Board2. B...
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
Impact of 4th Railway Package on business environment
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Impact of 4th Railway Package on business environment

  1. 1. Ștefan Roșeanu, Club FeroviarImpact of 4thRailway Package onbusiness environmentMay 10, 2013, Bucharest
  2. 2. Content:1. About AIF - Romanian Railway Industry Association2. About Club Feroviar3. The reforming process of Romanian Railways4. The reforming process of EU Railways5. Co-decision process on 4thRailway Package6. 4th Railway Package6.1. Market liberalisation6.2. Safety and interoperability6.3. Main topics within the 4thRailway Package7. 4th Railway Package - excerptsClub FeroviarMay 10, 2013, Bucharest
  3. 3. 1. About AIF - Romanian Railway Industry AssociationClub FeroviarMay 10, 2013, BucharestThe Romanian Railway Industry Association is anon-governmental and non-profit organisationwhose goal is to increase the popularity of railwaytransport in Romania and to promote the railwaysas main means of transport for goods andpassengers.The Associations objectives is intensifying thedialogue between the representatives of the railwayindustry and the beneficiaries of the industryproducts by identifying the best technical andfinancial solutions for the railway products inRomania and abroad.
  4. 4. 2. About Club FeroviarRailway andmultimodal transportbusiness consultancyservicesRailway Business Clubnetworkingbusiness-matchmakingInstitutional & governmental Lobbycross-media communicationClub FeroviarMay 10, 2013, Bucharest
  5. 5. 2. About Club FeroviarObjective:The development of strong, competitive, integratedregional and EurasianRAILWAY BUSINESS ENVIRONMENTClub FeroviarMay 10, 2013, BucharestFounding member of:Romanian Railway IndustryAssociationMember of:Rail Forum Europe
  6. 6. 3. The reforming process of Romanian RailwaysPrivatisation of someproduction unitsReorganisation of theeconomyVerticalseparation;AFER(RomanianRailwayAuthority)First private rail freightentered the marketFirst railway passengeroperator entered themarketRomaniajoins EUPrivatisation ofCFR Marfa?IMF agreement– structuralreformsinvolvedRail Regulatory Office(inside MoT); in 2011becomes independentunder the CompetitionCouncil Club FeroviarMay 10, 2013, Bucharest
  7. 7. 4. The reforming process of EU RailwaysDirective91/440/EECon thedevelopmentof theCommunitysrailwaysClub FeroviarMay 10, 2013, BucharestDirective95/18/EC onthe licensingof railwaysundertakingsWhite Paper:"A strategy forrevitalising theCommunitysrailways"1stRailway PackageDirective 2001/12/ECDirective 2001/13/ECDirective 2001/14/ECWhite paper:‘European transportpolicy for 2010: timeto decide’2ndRailway PackageDirective 2004/49/ECDirective 2004/50/ECDirective 2004/51/ECRegulation (EC) No881/20043rdRailway PackageDirective 2007/58/ECDirective 2007/59/ECRegulation 1370/2007Regulation 1371/2007Regulation 1372/2007Directive2008/57/EC ontheinteroperabilityof the railsystem withinthe Community(Recast)White Paper:Roadmap to aSingleEuropeanTransport Area- Towards acompetitiveand resourceefficienttransportsystemRecast 1stPackageDirective 2012/34/EUestablishing a singleEuropean railwayarea (recast)4thRailwayPackage.Proposals
  8. 8. 5. Co-decision process on 4thRailway Package4thRailway PackageLegislative proposalpublishedClub FeroviarMay 10, 2013, BucharestCommittee referralannounced in Parliament,1st reading/single readingVote scheduled incommittee, 1streading/single readingIndicative plenary sittingdate, 1st reading/singlereadingIf Council rejectsproposedamendments by EP:EP 2ndreading,Council 2ndreadingConciliation
  9. 9. Club FeroviarMay 10, 2013, Bucharest6. 4th Railway Package6.1. Market liberalisation1. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILrepealing Regulation (EEC) No 1192/69 of the Council on common rules for the normalisation ofthe accounts of railway undertakings. - COM(2013) 26 Final2. Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILamending Directive 2012/34/EU of the European Parliament and of the Council of 21 November2012 establishing a single European railway area, as regards the opening of the market fordomestic passenger transport services by rail and the governance of the railway infrastructure -COM(2013) 29 Final3. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILamending Regulation (EC) No 1370/2007 concerning the opening of the market for domesticpassenger transport services by rail - COM(2013) 28 Final
  10. 10. Club FeroviarMay 10, 2013, Bucharest6. 4th Railway Package6.2. Safety and interoperability4. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 -COM(2013) 27 Final5. Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL onrailway safety (Recast) - COM(2013) 31 Final6. Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL onthe interoperability of the rail system within the European Union (Recast) - COM(2013) 30 Final
  11. 11. Club FeroviarMay 10, 2013, Bucharest6. 4th Railway Package6.3. Main topics within the 4thRailway Package1. Infrastructure Governance2. Domestic Rail Passenger Market Liberalisation3. Public Service Obligations & Contracts4. Interoperability & Safety5. European Union Railway Agency (ERA)6. National Safety Authorities (NSAs)7. National Investigation Bodies (NIBs)8. Notified Bodies (NoBos)
  12. 12. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (1)Proposal for a REGULATION OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL repealing Regulation (EEC) No 1192/69 ofthe Council on common rules for the normalisation of the accounts ofrailway undertakings
  13. 13. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (1)1. During 2008 - 2012 only 4 European Member States have used Reg 1192/69 in order tocompesate losses of IMs or RUs (Belgium, Germany, Ireland and Poland)2. Payments would be covered by Article 8 of Directive 2012/34/EU3. The minimum financial impact on railway industry justifies the repeal of Reg 1192/69Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL repealingRegulation (EEC) No 1192/69 of the Council on common rules for the normalisation of the accounts ofrailway undertakings
  14. 14. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (2)Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT ANDOF THE COUNCIL amending Directive 2012/34/EU of the EuropeanParliament and of the Council of 21 November 2012 establishing asingle European railway area, as regards the opening of the marketfor domestic passenger transport services by rail and the governanceof the railway infrastructure
  15. 15. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (2)Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingDirective 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing asingle European railway area, as regards the opening of the market for domestic passenger transportservices by rail and the governance of the railway infrastructureEFFICIENT M ANAGEM ENT CHALLENGEEQUAL ACCESS CHALLENGEIMs are notsufficientlymarket orientedInsufficient cross-bordercooperation ofIMsAccess barriers toinfrastructureinefficiencies ininfrastructuremanagementExistingseparation rulesare partlyineffectiveRoot causes DriversFunctions notcovered byseparation rulesalso result indiscriminationSpecificOperational objectivesSO1: Improvethe IMabilityto manageefficientlytheinfrastructureOO1: Ensure bettercoordination/alignmentbetw een the IMs andrail operatorsSO2: EliminateIMconflict of interestanddistortionsofcompetitionOO3: Ensure that thecross-border and pan-European dimension ofrail infrastructureisadequately addressedOO5: Applyappropriate safeguardmeasure(s) preventingconflicts of interest anddistortions ofcompetition to all the"essentialfunctions" ofIMsOO4: Extend the scopeof "essentialfunctions"to all IM activities w hichare potential sources ofconflict of interest anddistortion of competitionSuboptimalstructure of IMportfoliosOO2: Ensurecoherence in themanagement of thedifferent IM functionsFig. 1 - Mapping betweenProblems drivers, root causesand objectivesSource: EC Impact Assessment4thRP_SWD2013/13 final
  16. 16. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (2)Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingDirective 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing asingle European railway area, as regards the opening of the market for domestic passenger transportservices by rail and the governance of the railway infrastructureFig. 2 - Combined outcome range impacts of market opening and infrastructure governancepoliciesSource: EC Impact Assessment 4thRP_SWD2013/13 final
  17. 17. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (2)Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingDirective 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing asingle European railway area, as regards the opening of the market for domestic passenger transportservices by rail and the governance of the railway infrastructureFig. 3 - Combined core financial estimates of impacts of market opening and infrastructuregovernance policiesSource: EC Impact Assessment 4thRP_SWD2013/13 final
  18. 18. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (2)New definitions:1. ‘infrastructure manager’ means any body or firm ensuring the development, operation andmaintenance of railway infrastructure on a network; development includes network planning,financial and investment planning as well as building and upgrades of the infrastructure;operation of the infrastructure includes all elements of the process of train path allocation,including both the definition and the assessment of availability and the allocation of individualpaths, traffic management and infrastructure charging, including determination and collection ofthe charges; maintenance includes infrastructure renewals and the other asset managementactivities’;2. (31) vertically integrated undertaking means an undertaking where:- one or several railway undertakings are owned or partly owned by the same undertaking as aninfrastructure manager (holding company), or- an infrastructure manager is owned or partly owned by one or several railway undertakings or- one or several railway undertakings are owned or partly owned by an infrastructure manager;Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingDirective 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing asingle European railway area, as regards the opening of the market for domestic passenger transportservices by rail and the governance of the railway infrastructure
  19. 19. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (2)Article 7Institutional separation of the infrastructure manager1. Member States shall ensure that the infrastructure manager performs all the functionsreferred to in Article 3(2) and is independent from any railway undertaking.To guarantee the independence of the infrastructure manager, Member States shall ensure thatinfrastructure managers are organised in an entity that is legally distinct from any railwayundertaking. (...)For the implementation of this Article, where the person referred to in paragraph 2 is a MemberState or another public body, two public authorities which are separate and legally distinct fromeach other and which are exercising control or other rights mentioned in paragraph 2 over theinfrastructure manager, on the one hand, and the railway undertaking, on the other hand, shallbe deemed not to be the same person or persons.4. Provided that no conflict of interest arises and that confidentiality of commercially sensitiveinformation is guaranteed, the infrastructure manager may subcontract specific development,renewal and maintenance works, over which it shall keep the decision-making power, to railwayundertakings or to any other body acting under the supervision of the infrastructure manager.(...)Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingDirective 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing asingle European railway area, as regards the opening of the market for domestic passenger transportservices by rail and the governance of the railway infrastructure
  20. 20. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (2)Article 7b:(...)For a period of three years after leaving the infrastructure manager, members of the SupervisoryBoard or management board and senior staff members of the infrastructure manager shall notbe entitled to hold any senior position with any other legal entities within the vertically integratedundertaking. For a period of three years after leaving those other legal entities within thevertically integrated undertaking, their supervisory or management boards members and seniorstaff members shall not be entitled to hold any senior position with the infrastructure manager.(...)Article 7dCoordination Committee1. Member States shall ensure that infrastructure managers set up and organise CoordinationCommittees for each network. Membership of this committee shall be open at least to theinfrastructure manager, known applicants in the sense of Article 8(3) and, upon their request,potential applicants, their representative organisations, representatives of users of the rail freightand passenger transport services and, where relevant, regional and local authorities. MemberState representatives and the regulatory body concerned shall be invited to the meetings of theCoordination Committee as observers. (...)Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingDirective 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing asingle European railway area, as regards the opening of the market for domestic passenger transportservices by rail and the governance of the railway infrastructure
  21. 21. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (2)Member States shall adopt and publish, by [18 months after entry into force] at the latest, thelaws, regulations and administrative provisions necessary to comply with this Directive. Theyshall communicate to the Commission the text of those provisions immediately.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingDirective 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing asingle European railway area, as regards the opening of the market for domestic passenger transportservices by rail and the governance of the railway infrastructure
  22. 22. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)Proposal for a REGULATION OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL amending Regulation (EC) No 1370/2007concerning the opening of the market for domestic passengertransport services by rail
  23. 23. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingRegulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transportservices by railNu există criteriipentru definireaOSPAtribuirea CSP fărăproceduricompetitiveAbsențaconcurențeipentru CSPAccesrestricționat laserviciileferoviarenaționaleNorme diferiteprivind accesul pepiață în SMLipsa presiuniiconcurențialeDistorsiuni alepiețeiCauze profunde Sursele problemelorObiectivespecificeDiscriminăriprivind accesul lasistemele de bileteAcces limitat lamaterialul rulantObiectiveoperaționaleSO1: Intensificareapresiunii concurențiale pepiețele feroviarenaționaleSO2: Crearea unorcondiții de activitate maiuniformeOO4: Stabilirea uneiabordari comune privindCSP/ OSPOO6: Facilitarea condițiiloregale de acceslamaterialul rulantOO5: Facilitareacondițiilor egale de accesla sistemul de emitere abiletelorMonopoluri legaleCerință privindstabilirea la loculactivitățiiOO1: Facilitarea accesuluitransfrontalierOO2: Abolireamonopolurilor legaleOO3: Piața CSPdeschisăpentruconcurențăFig. 4 - Mapping drivers, root causes and objectivesSource: EC Impact Assessment 4thRP_SWD2013/11 final
  24. 24. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingRegulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transportservices by railFig. 5 - Rail market structure of EU Member States (% p-km)Source: EC Impact Assessment 4thRP_SWD2013/10 part 1
  25. 25. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingRegulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transportservices by railFig. 5 - Clusters of Member StatesSource: EC Impact Assessment 4thRP_SWD2013/10 part 1
  26. 26. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)1. a) Point (c) of Article 2 is replaced by the following:"(c) "competent local authority" means any competent authority whose geographical area ofcompetence is not national and which covers the transport needs of an urban agglomeration ora rural district;"b) Point (e) of Article 2 is complemented by the following:"The scope of public service obligations shall exclude all public transport services that gobeyond of what is necessary to reap local, regional or sub-national network effects.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingRegulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transportservices by rail
  27. 27. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)2. The following Article 2a is inserted:"Article 2aPublic transport plans and public service obligations1. Competent authorities shall establish and regularly update public passenger transport planscovering all relevant transport modes for the territory for which they are responsible. Thesepublic transport plans shall define the objectives of public transport policy and the means toimplement them covering all relevant transport modes for the territory for which they areresponsible. They shall at least include:a) the structure of the network or routes;b) basic requirements to be fulfilled by public transport offer such as accessibility, territorialconnectivity, security, modal and intermodal interconnections at main connecting hubs, offercharacteristics such as times of operation, frequency of services and minimum degree ofcapacity utilisation;c) quality standards related to items such as equipment features of stops and of rolling stock,punctuality and reliability, cleanliness, customer service and information, complaint handling andredress, monitoring of service quality;d) principles of tariff policy;e) operational requirements such as transport of bicycles, traffic management, contingency planin case of disturbances.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingRegulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transportservices by rail
  28. 28. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)In establishing public transport plans, competent authorities shall have regard in particular toapplicable rules regarding passenger rights, social, employment and environmental protection.The competent authorities shall adopt the public transport plans after consultation of relevantstakeholders and publish them. For the purpose of this Regulation, relevant stakeholders to betaken into consideration are at least transport operators, infrastructure managers if appropriate,and representative passenger and employee organisations.2. The establishment of public service obligations and the award of public service contractsshall be consistent with the applicable public transport plans.3. The specifications of public service obligations for public passenger transport and thescope of their application shall be established as follows:a) they shall be defined in accordance with Article 2 (e);b) they shall be appropriate to achieve the objectives of the public transport plan;c) they shall not exceed what is necessary and proportionate to achieve the objectives of thepublic transport plan.The assessment of appropriateness referred to in point (b) shall take into account whether apublic intervention in the provision of passenger transport is a suitable means of achieving theobjectives of the public transport plans.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingRegulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transportservices by rail
  29. 29. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)For public passenger transport by rail the assessment of necessity and proportionality referredto in point (c) shall take into account the transport services provided under Article 10(2) ofDirective 2012/34/EU of the European Parliament and of the Council of 21 November 2012establishing a single European railway area (recast) and consider all information given to theinfrastructure managers and regulatory bodies pursuant to the first sentence of Article 38(4) ofthat Directive.4. The specifications of public service obligations and the related compensation of the netfinancial effect of public service obligations shall:achieve the objectives of the public transport plan in the most cost-effective manner;financially sustain the provision of public passenger transport in accordance to the requirementslaid down in the public transport plan in the long term.5. When preparing the specifications, the competent authority shall set out the draftspecifications of public service obligations and their scope, the basic steps of the assessment oftheir compliance with the requirements laid down in paragraphs 2, 3 and 4, and the results of theassessment.The competent authority shall in an appropriate manner consult relevant stakeholders such as aminimum, transport operators, infrastructure managers if appropriate and representativepassenger and employee organisations on these specifications and take their positions intoconsideration.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingRegulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transportservices by rail
  30. 30. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)6. For public passenger transport by rail:compliance of the assessment and of the procedure set out in this Article shall be ensured bythe regulatory body referred to in Art 55 of Directive 2012/34/EU including on its own initiative.the maximum annual volume of a public service contract in terms of train-km shall be the highervalue of either 10 million train-km or one third of the total national public rail passenger transportvolume under public service contract."3. Article 4 is amended as follows:In paragraph 1, point (a) is replaced by the following:"(a) clearly define the public service obligations laid down in Article 2(e) and Article 2a with whichthe public service operator is to comply, and the geographical areas concerned;"The last sentence of paragraph 1, point (b) is replaced by the following:"In the case of public service contracts not awarded according to Article 5(3), these parametersshall be determined in such a way that no compensation payment may exceed the amountrequired to cover the net financial effect on costs incurred and revenues generated indischarging the public service obligations, taking account of revenue relating thereto kept by thepublic service operator and a reasonable profit;"Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingRegulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transportservices by rail
  31. 31. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)Paragraph 6 is replaced by the following:"Where competent authorities, in accordance with national law, require public service operatorsto comply with certain quality and social standards or establish social and qualitative criteria,these standards and criteria shall be included in the tender documents and in the public servicecontracts."The following paragraph 8 is added:"8. Competent authorities shall make available to all interested parties relevant information forthe preparation of an offer under a competitive tender procedure. This shall include informationon passenger demand, fares, costs and revenues related to the public passenger transportcovered by the tender and details of the infrastructure specifications relevant for the operation ofthe required vehicles or rolling stock to enable them to draft well informed business plans. Railinfrastructure managers shall support competent authorities in providing all relevantinfrastructure specifications. Non-compliance with the provisions set out above shall be subjectto the legal review provided for in Article 5(7)."Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingRegulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transportservices by rail
  32. 32. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)4. Article 5 is amended as follows:Paragraph 4 is replaced by the following:"4. Unless prohibited by national law, the competent authorities may decide to award publicservice contracts directly:where their average annual value is estimated at: less than EUR 1 000 000 or less than EUR 5000 000 in the case of a public service contract including public transport by rail or,where they concern the annual provision of less than 300 000 kilometres of public passengertransport services or less than 150 000 kilometres in the case of a public service contractincluding public transport by rail.In the case of a public service contract directly awarded to a small or medium-sized enterpriseoperating not more than 23 road vehicles, these thresholds may be increased to either anaverage annual value estimated at less than EUR 2 000 000 or to an annual provision of lessthan 600 000 kilometres of public passenger transport services."Paragraph 6 is replaced by the following:"Competent authorities may decide that, in order to increase competition between railwayundertakings, contracts for public passenger transport by rail covering parts of the same networkor package of routes shall be awarded to different railway undertakings. To this end thecompetent authorities may decide before launching the tender procedure to limit the number ofcontracts to be awarded to the same railway undertaking."Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingRegulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transportservices by rail
  33. 33. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)5. The following Article 5a is inserted:"Article 5aRolling stock1. Member States shall in compliance with State aid rules take the necessary measures toensure effective and non-discriminatory access to suitable rolling stock for public passengertransport by rail for operators wishing to provide public passenger transport services by railunder public service contract.2. Where rolling stock leasing companies which provide for the leasing of rolling stock referredto in paragraph 1 under non-discriminatory and commercially viable conditions to all of the publicrail passenger transport operators concerned do not exist in the relevant market, Member Statesshall ensure that the residual value risk of the rolling stock is borne by the competent authority incompliance with State aid rules, when operators intending and able to participate in tenderingprocedures for public service contracts so request in order to be able to participate in tenderingprocedures.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingRegulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transportservices by rail
  34. 34. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)The competent authority may comply with the requirement set out in the first subparagraph inone of the following ways:by acquiring itself the rolling stock used for the execution of the public service contract with aview to making it available to the selected public service operator at market price or as part ofthe public service contract pursuant to Article 4(1)(b), Article 6 and, if applicable, to the Annex,by providing a guarantee for the financing of the rolling stock used for the execution of the publicservice contract at market price or as part of the public service contract pursuant to Article 4(1)(b), Article 6 and, if applicable, to the Annex. Such a guarantee may cover the residual value riskwhile respecting the relevant state aid rules when applicable,by committing in the public service contract to take over of the rolling stock at the end of thecontract at market price.In the cases referred to in points (b) and (c), the competent authority shall have the right torequire the public service operator to transfer the rolling stock after the expiry of the publicservice contract to the new operator to whom a contract is awarded. The competent authoritymay oblige the new public transport operator to take the rolling stock over. The transfer shall bedone at market rates.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingRegulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transportservices by rail
  35. 35. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)3. If the rolling stock is transferred to a new public transport operator the competent authorityshall make available in the tender documents detailed information about the cost of maintenanceof the rolling stock and about its physical condition.4. By [18 months after the date of entry into force of this Regulation] the Commission shalladopt measures setting out the details of the procedure to be followed for the application ofparagraphs 2 and 3 of this Article. Those implementing acts shall be adopted in accordance withthe examination procedure referred to in Article 9a(2)."6. In Article 6 paragraph 1 is replaced by the following:"1. All compensation connected with a general rule or a public service contract shall comply withArticle 4, irrespective of how the contract was awarded. All compensation of whatever natureconnected with a public service contract not awarded according to Article 5(3) or connected witha general rule shall also comply with the provisions laid down in the Annex. "Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingRegulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transportservices by rail
  36. 36. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)7. Article 7 is amended as follows:Paragraph 1 is replaced by the following:"1. Each competent authority shall make public once a year an aggregated report on the publicservice obligations for which it is responsible, the starting date and duration of the public servicecontracts, the selected public service operators and the compensation payments and exclusiverights granted to the said public service operators by way of reimbursement. The report shalldistinguish between bus transport and rail transport, allow the performance, quality andfinancing of the public transport network to be monitored and assessed and, if appropriate,provide information on the nature and extent of any exclusive rights granted. Member Statesshall facilitate central access to these reports, for instance through a common web portal."In paragraph 2, the following point is added:"(d) the envisaged starting date and duration of the public service contract."Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingRegulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transportservices by rail
  37. 37. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)8. Article 8 is amended as follows:The first subparagraph of paragraph 2 is replaced by the following:"2. Without prejudice to paragraph 3, the award of public service contracts by rail with theexception of other track-based modes such as metro or tramways shall comply with Article 5(3)as from 3 December 2019. All public service contracts by other track-based modes and by roadmust have been awarded in compliance with Article 5(3) by 3 December 2019 at the latest.During the transitional period running until 3 December 2019, Member States shall takemeasures to gradually comply with Article 5(3) in order to avoid serious structural problems inparticular relating to transport capacity."The following paragraph 2a is inserted:"2a. Public service contracts for public passenger transport by rail directly awarded between 1January 2013 and 2 December 2019 may continue until their expiry date. However they shall, inany event, not continue after 31 December 2022."In paragraph 3, the last sentence of the second subparagraph is replaced by the following:"The contracts referred to in (d) may continue until they expire, provided they are of limitedduration similar to the durations specified in Article 4."Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingRegulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transportservices by rail
  38. 38. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (3)9. "The following Article 9a is inserted:Article 9aCommittee procedure1. The Commission shall be assisted by the Single European Railway Area Committeeestablished by Article 62 of Directive 2012/34/EU of the European parliament and of the Councilof 21 November 2012 establishing a single European railway area (recast). That committee shallbe a committee within the meaning of Regulation (EU) No 182/2011.2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shallapply."Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amendingRegulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transportservices by rail
  39. 39. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Proposal for a REGULATION OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on the European Union Agency for Railwaysand repealing Regulation (EC) No 881/2004
  40. 40. Club FeroviarMay 10, 2013, BucharestFig. 6 - Problems and driversSource: EC Impact Assessment 4thRP_SWD2013/8 finalInefficient functioningof nationalinstitutionsLongand costlyproceduresAccessbarriersPatchwork of nationallegislative regimesDiscrimination of newentrants7. 4th Railway Package - excerpts (4)Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  41. 41. Club FeroviarMay 10, 2013, BucharestFig. 7 - Stakeholder views ondifferent problem elementsSource: EC Impact Assessment4thRP_SWD2013/8 final-100% -80% -60% -40% -20% 0% 20% 40% 60% 80%Some Regulatory Bodieslack sufficient financial or human resourcestoeffectively perform their tasksThere isa lack of sufficient financial or human resourcesin the case ofsome NSAsto effectively perform their tasksProper implementation of EUrailway directivesisbeing hindered by toodivergent interpretation of the directivesSome NSAsare reluctant to accept safety certificatesor authorisationsforthe placing in service of railway vehiclesand subsystemsgranted by otherNSAsThere isan insufficient level of dissemination of railway-relatedinformation and training within the EUand between EUmember statesThe granting of safety certificatesto rail operatorsby the NSAsand theauthorisation of placinginto service of rail systemsand vehiclesistoo slowThe level of monitoring and control of implementation of theinteroperability and safety legislation by Member Statesisnot sufficientSome Notified Bodieslack sufficient financial or human resourcestoeffectively perform their tasksThere isinsufficient independence of the Regulatory Bodiesfrominfrastructure managers, incumbent rail undertakingsand/or the ministryNational technical and safety rulessometimespose transparency and/ordiscrimination problemsfor new entrantsThere isinsufficient independence of the NSAsfrom infrastructuremanagers, incumbent rail undertakingsand/or the ministryThere isinsufficient independence of the Notified Bodiesfrominfrastructure managers, incumbent rail undertakings, the ministry or otheractors<AGREE - percentage of those expressinga view - DISAGREE >7. 4th Railway Package - excerpts (4)Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  42. 42. Club FeroviarMay 10, 2013, BucharestFig. 9 - Links between the problems and objectivesSource: EC Impact Assessment 4thRP_SWD2013/8 finalInefficientfunctioningofnationalinstitutions Longand costlyproceduresAccessbarriersDrivers ProblemsIncrease efficiency ofsafety certificationand vehicleauthorisationprocessIncrease thecoherence of thenational legalframeworksNon-discriminationin grantin andrecognition of safetycertificatesandinteroperabilityauthorisationsReduceadministrativecostsof railwayundertakingsFacilitateentrance ofnew operatorsinto marketOperationalobjectivesSpecificobjectivesPatchwork ofnational legislativeregimesDiscrimination of newentrants7. 4th Railway Package - excerpts (4)Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  43. 43. Club FeroviarMay 10, 2013, BucharestFig. 10 - Average reduction in authorisation timescales by combined optionsSource: EC Impact Assessment 4thRP_SWD2013/8 final024681012142012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025Months/TypeBaselineGreater coordination role for the AgencyERA as a one-stop-shopERA and NSAs share competencesERA takes over activities of NSAs regardingauthorisation and certificationMonth/Type7. 4th Railway Package - excerpts (4)Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  44. 44. Club FeroviarMay 10, 2013, BucharestFig. 11 - Total opportunity cost savings 2015-2025 of options 2-5 in combination withoption 6 (€m, central case, real, undiscounted)Source: EC Impact Assessment 4thRP_SWD2013/8 final01020304050602015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025€mGreater coordination rolefor the AgencyERA as a one-stop-shopERA and NSAs sharecompetencesERA takes over activities ofNSAs regardingauthorisation andcertification7. 4th Railway Package - excerpts (4)Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  45. 45. Club FeroviarMay 10, 2013, BucharestFig. 12 - National technical rules schematicSource: EC Impact Assessment 4thRP_SWD2013/8 finalNational Technical RulesMaintenance RulesDesign RulesVehicle designrulesforconformity withnon-TSI compliantinfrastructureNetwork designrulesforconformity withnon-TSI compliantvehiclesAll other Vehicledesign rulesAll other Networkdesign rulesRulesrelevant to vehicle authorisationKeyOperatingRules7. 4th Railway Package - excerpts (4)Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  46. 46. Club FeroviarMay 10, 2013, BucharestFig. 13 - Process for removing nationaltechnical rulesSource: EC Impact Assessment 4thRP_SWD2013/8finalStage 1: Identify subjectsand technical parametersfor which national rulesarerequiredRemovalof openpointsTimeline2012201320142015201620172018201920202025Parallel activitiesimpacting NRsExtensionof scopeNational technical rulesremoval strategyStage 2:MemberStates‘cleanup’ nationalrulesbyremoval andre-draftingtoensure rulesonly coverscopeidentified inStage 1Stage 3: Rulesnotified andpublished in NOTIF-ITStage 5: Only rulesfor subjectsand technicalparametersidentified in Stage 1 remain andonly for non-TSI conformingvehiclesand routes– objective reachedCrossAcceptanceworkStage 4: Agency/ Commission evaluateremainingrulesand validateNon-TSIconformingvehiclesandnetworksreplacedAgencyproducestechnicalopinionsasrequestedon dubiousnationalrules7. 4th Railway Package - excerpts (4)Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  47. 47. Club FeroviarMay 10, 2013, BucharestFig. 14 - Process forremoving national safetyrulesSource: EC Impact Assessment4thRP_SWD2013/8 finalStage 2: Identifysubjects andtechnical parametersfor which nationalrules are requiredTimeline2012201320142015201620172018201920202025National safety rules removal strategyStage 3: MemberStates ‘clean up’national rules byremoval and re -drafting to ensurerules only coverscope identified inStage 1Stage 1: Rulesnotified andpublished in NOTIF ITStage 5: Only rules for subjects and technical parameters identified in Stage 1 remain - objectivereachedStage 4: Agency/Commission evaluateremaining rules andvalidateAgencyproducestechnicalopinions asrequestedon dubiousnationalrules7. 4th Railway Package - excerpts (4)Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  48. 48. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 1Subject matter and scope1. This Regulation establishes a European Union Agency for Railways (the “Agency”).2. This Regulation provides for:the establishment and tasks of the Agency;the tasks of the Member States.3. This Regulation shall apply to:interoperability within the Union rail system provided for in Directive ../../.EU [InteroperabilityDirective];safety of the rail system within the Union provided for in Directive ../../.EU [Railway safetyDirective];certification of train drivers provided for in Directive 2007/59/EC of the European Parliament andof the Council of 23 October 2007 on the certification of train drivers operating locomotives andtrains on the railway system in the Community [Train Drivers Directive].Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  49. 49. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 2Legal status1. The Agency shall be a body of the Union with legal personality.2. In each of the Member States, the Agency shall enjoy the most extensive legal capacityaccorded to legal persons under their laws. It may in particular, acquire or dispose of movableand immovable property and may be a party to legal proceedings.3. The Agency shall be represented by its Director.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  50. 50. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 3Types of acts of the AgencyThe Agency may:(a) address recommendations to the Commission concerning the application of Articles 11, 13,14, 15, 23, 24, 26, 30, 32, 31, 33 and 41;(b) address recommendations to Member States concerning the application of Articles 21, 22and 30;(c) issue opinions to the Commission pursuant to Articles 9, 21, 22 and 38, and to theauthorities concerned in the Member States pursuant to Article 9;(d) issue decisions pursuant to Article 12, 16, 17, 18;(e) issue opinions constituting acceptable means of compliance pursuant to Article 15;(f) issue technical documents pursuant to Article 15;(g) issue audit reports pursuant to Articles 29 and 30;(h) issue guidelines and other non-binding documents facilitating application of railwayinteroperability and safety legislation pursuant to Articles 11, 15 and 24.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  51. 51. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 2WORKING METHODSArticle 4Creation and composition of the working parties1. The Agency shall set up a limited number of working parties for drawing uprecommendations, in particular related to technical specifications for interoperability (TSIs),common safety targets (CSTs) and common safety methods (CSMs).The Agency may set up working parties in other duly justified cases at the request of theCommission or on its own initiative, after having consulted the Commission.2. The Agency shall appoint experts to the working parties.The Agency shall appoint to the working parties representatives nominated by the competentnational authorities for the working parties in which they wish to participate.The Agency shall appoint to the working parties professionals from the railway sector from thelist referred to in paragraph 3. It shall ensure adequate representation of those sectors of theindustry and of those users which could be affected by measures the Commission may proposeon the basis of the recommendations addressed to it by the Agency.The Agency may, if necessary, appoint to the working parties independent experts andrepresentatives of international organisations recognised as competent in the field concerned.Staff of the Agency may not be appointed to the working parties.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  52. 52. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 4Creation and composition of the working parties3. Each representative body referred to in Article 34 shall forward to the Agency a list of themost qualified experts mandated to represent them in each working party.4. Whenever the work of such working parties has a direct impact on the working conditions,health and safety of workers in the industry, representatives from the workers’ organisationsshall participate in the relevant working parties as full members.5. Travel and subsistence expenses of the members of the working parties, based on rulesand scales adopted by the Management Board, shall be met by the Agency.6. The working parties shall be chaired by a representative of the Agency.7. The work of the working parties shall be transparent. The Management Board shall laydown rules of procedure of the working parties.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  53. 53. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 5Consultation of the social partnersWhenever the work provided for in Articles 11, 12, 15, and 32 has a direct impact on the socialenvironment or working conditions of workers in the industry, the Agency shall consult the socialpartners within the framework of the sectoral dialogue committee set up pursuant to Decision98/500/EC.These consultations shall be held before the Agency submits its recommendations to theCommission. The Agency shall take due account of these consultations, and shall, at all times,be available to expound on its recommendations. The opinions expressed by the sectoraldialogue committee shall be forwarded by the Agency to the Commission and by theCommission to the committee referred to in Article 75.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  54. 54. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 6Consultation of rail freight customers and passengersWhenever the work provided for in Articles 11 and 15 has a direct impact on rail freightcustomers and passengers, the Agency shall consult the organisations representing them. Thelist of organisations to be consulted shall be drawn up by the Commission with the assistance ofthe committee referred to in Article 75.These consultations shall be held before the Agency submits its proposals to the Commission.The Agency shall take due account of these consultations, and shall, at all times, be available toexpound on its proposals. The opinions expressed by the organisations concerned shall beforwarded by the Agency to the Commission and by the Commission to the committee referredto in Article 75.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  55. 55. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 7Impact assessment1. The Agency shall conduct an impact assessment of its recommendations and opinions. TheManagement Board shall adopt impact assessment methodology based on the methodology ofthe Commission. The Agency shall liaise with the Commission to ensure that relevant work atthe Commission is duly taken into account.2. Before launching an activity included in the work programme, the Agency shall conduct anearly impact assessment in relation to it which shall state:the issue to be solved and likely solutions;the extent to which a specific action, including issuing a recommendation or an opinion of theAgency, would be required;the expected Agency contribution to the solution of the problem.Moreover, each activity and project in the work programme shall be subject to an efficiencyanalysis individually and in conjunction with each other, to make best use of the budget andresources of the Agency.3. The Agency may conduct an ex post assessment of the legislation resulting from itsrecommendations.4. Member States shall provide the Agency with the data necessary for the impactassessment.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  56. 56. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 8StudiesWhere required for the implementation of its tasks, the Agency shall order studies and financethem from its budget.Article 9Opinions1. The Agency shall issue opinions at request of the national regulatory bodies referred to inArticle 55 of Directive 2012/34/EU [Directive establishing a Single European Rail Area (recast)]concerning safety-related and interoperability-related aspects of matters drawn to their attention.2. The Agency shall issue opinions at request of the Commission on amendments to any actadopted on the basis of Directive … [Interoperability Directive] or … [Railway Safety Directives],especially where any alleged deficiency is signalled.3. With regard to opinions referred to in previous paragraphs and in other articles of thisRegulation, the Agency shall give its opinions within two months, unless otherwise agreed. Theopinions shall be made public by the Agency within two months in a version from which allcommercially confidential material has been removed.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  57. 57. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 10Visits to Member States1. The Agency may carry out visits to the Member States in order to perform its tasks, inparticular those referred to in Articles 12, 21, 22, 16, 17, 27, 29, 30, 31 and 38, in accordancewith the policy defined by the Management Board.2. The Agency shall inform the Member State concerned of the planned visit, the names of thedelegated Agency officials, and the date on which the visit is to start. The Agency officialsdelegated to carry out such visits shall do so on presentation of a decision by the ExecutiveDirector specifying the purpose and the aims of their visit.3. The national authorities of the Member States shall facilitate the work of the Agency’s staff.4. The Agency shall draw up a report on each visit and send it to the Commission and to theMember State concerned.5. The preceding paragraphs are without prejudice to inspections referred to in Articles 29 (6)and 30 (6) which shall be pursued in accordance with the procedure described therein.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  58. 58. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 3TASKS RELATING TO RAILWAY SAFETYArticle 11Technical support - recommendations on railway safety1. The Agency shall issue recommendations to the Commission on the Common SafetyMethods (CSMs) and the Common Safety Targets (CSTs) provided for in Articles 6 and 7 ofDirective … [the Railway Safety Directive]. The Agency shall also issue recommendations onperiodic revision of CSMs and CSTs to the Commission.2. The Agency shall issue recommendations to the Commission, at the request of theCommission or on its own initiative, on other measures in the field of safety3. The Agency may issue guidelines and other non-binding documents to facilitate theimplementation of railway safety legislation.Article 12Safety certificatesThe Agency shall issue single safety certificates in accordance with Articles 10 and 11 ofDirective … [the Safety Directive].Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  59. 59. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 13Maintenance of vehicles1. The Agency shall assist the Commission with regard to the system of certification of theentities in charge of maintenance in accordance with Article 14 (6) of Directive … [RailwaySafety Directive].2. The Agency shall issue recommendation to the Commission with a view of Article 14 (7) ofDirective … [Railway Safety Directive].3. The Agency shall analyse any alternative measures decided in accordance with Article 15of Directive… [Railway Safety Directive] in the report referred to in Article 30 (2) of thisRegulation.Article 14Transport of dangerous goods by railThe Agency shall follow developments in the legislation dealing with the transport of dangerousgoods by rail within the meaning of Directive 2008/68/EC of the European Parliament and of theCouncil and compare them with the legislation dealing with rail interoperability and safety, inparticular the essential requirements. To this end the Agency shall assist the Commission andmay issue recommendations at the Commission’s request or on its own initiative.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  60. 60. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 4TASKS RELATING TO INTEROPERABILITYArticle 15Technical support in the field of railway interoperability1. The Agency shall:a) issue recommendations to the Commission on the TSIs, and their revision, in accordance withArticle 5 of Directive … [Interoperability Directive];b) issue recommendations to the Commission on the templates for the EU declaration ofverification and for documents of the technical file that has to accompany it, in accordance withArticle 15 of Directive … [Interoperability Directive];c) issue recommendations to the Commission on specifications for registers, and their revision,in accordance with Articles 43, 44 and 45 of Directive … [Interoperability Directive];d) issue opinions which constitute acceptable means of compliance concerning TSI deficiencies,in accordance with Article 6(2) of Directive … [ Interoperability Directive], and provide it to theCommission;e) issue opinions to the Commission regarding requests for non-application of TSIs by MemberStates, in accordance with Article 7 of Directive … [Interoperability Directive];f) issue technical documents in accordance with Article 4(9) of Directive … [InteroperabilityDirective];Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  61. 61. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 4TASKS RELATING TO INTEROPERABILITYArticle 15Technical support in the field of railway interoperability1. The Agency shall: (continued)g) issue recommendations to the Commission relating to the working conditions of all staffcarrying out safety-critical tasks.2. For drafting recommendations referred to in paragraph 1, points (a) and (b), the Agencyshall:ensure that the TSIs and the specifications for registers are adapted to technical progress andmarket trends and to social requirements;ensure that the development and updating of the TSIs on the one hand and the development ofany European standards which prove necessary for interoperability on the other, are coordinatedand maintain the relevant contacts with European standardisation bodies.3. The Agency may issue guidelines and other non-binding documents to facilitate theimplementation of railway interoperability legislation.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  62. 62. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 16Authorisations for placing on the market for vehiclesThe Agency shall issue authorisations for placing on the market for railway vehicles inaccordance with Article 20 of Directive … [the Interoperability Directive].Article 17Authorisations for placing on the market for types of vehiclesThe Agency shall issue authorisations for placing on the market for types of vehicles inaccordance with Article 22 of Directive … [the Interoperability Directive].Article 18Authorisations for placing in service of trackside control-command and signalling sub-systemsThe Agency shall issue authorisations for placing in service of the trackside control-commandand signalling subsystems located or operated in the entire Union in accordance with Article 18of Directive … [the Interoperability Directive].Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  63. 63. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 19Telematics applications1. The Agency shall act as the system authority, being responsible for maintaining thetechnical specifications for the telematics applications, in accordance with relevant TSIs.2. The Agency shall define, publish and apply the procedure for managing requests forchanges to those specifications. To this end, the Agency shall set up and maintain a register ofrequests for changes to telematics applications specifications and their status.3. The Agency shall develop and maintain the technical tools for managing the differentversions of the telematics applications specifications.4. The Agency shall assist the Commission in the monitoring of deployment of telematicsapplications in accordance with relevant TSIs.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  64. 64. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 20Support for the notified conformity assessment bodies1. The Agency shall support the activities of notified conformity assessment bodies referred toin Article 27 of Directive … [Interoperability Directive]. That support shall in particular includedrafting guidelines for assessing the conformity or suitability for use of an interoperabilityconstituent referred to in Article 9 of Directive … [Interoperability Directive] and guidelines for theEC verification procedure referred to in Article 10 of Directive … [Interoperability Directive].2. The Agency shall facilitate cooperation of notified conformity assessment bodies, inparticular act as the technical secretariat for their coordination group.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  65. 65. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 5TASKS RELATING TO NATIONAL RULESArticle 21Examination of draft national rules1. The Agency shall, within two months of their reception, examine the draft national rulessubmitted to it in accordance with:Article 8(2) of Directive … [Railway Safety Directive],Article 14 of Directive … [Interoperability Directive].2. Where after the examination referred to paragraph 1 the Agency considers that nationalrules enable the essential requirements for interoperability to be fulfilled, CSMs to be respectedand the CSTs to be achieved, and that they would not result in arbitrary discrimination or adisguised restriction on rail transport operation between Member States, the Agency shall informthe Commission and the Member State concerned about its positive assessment. TheCommission may validate the rule in the IT system referred to in Article 23.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  66. 66. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 5TASKS RELATING TO NATIONAL RULESArticle 21Examination of draft national rules3. Where the examination referred to in paragraph 1 leads to a negative assessment, theAgency shall:issue a recommendation addressed to the Member State concerned stating the reasons why therule in question should not entry into force and/or be applied;inform the Commission about its negative assessment.4. Where no action was taken by the Member State within 2 months after receiving therecommendation of the Agency referred to in point (a) of paragraph 3, the Commission, afterreceiving information referred to in point (b) of paragraph 3 and after having heard the reasonsof the Member State concerned, may adopt a decision addressed to the Member Stateconcerned requesting it to modify the draft rule in question, suspend its adoption, entry into forceor implementation.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  67. 67. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 22Examination of national rules in force1. The Agency shall, within two months of their reception, examine national rules submitted toit in accordance with Article 14(3) of Directive … [Interoperability Directive].2. Where after examination referred to in paragraph 1 the Agency considers that national rulesenable the essential requirements for interoperability to be fulfilled, CSMs to be respected andthe CSTs to be achieved, and that they would not result in arbitrary discrimination or a disguisedrestriction on rail transport operation between Member States, the Agency shall inform theCommission and the Member State concerned about its positive assessment. The Commissionmay validate the rule in the IT system referred to in Article 23.3. Where the examination referred to in paragraph 1 leads to a negative assessment, theAgency shall:a) issue a recommendation addressed to the Member State concerned stating the reasons whythe rule in question should be modified or repealed;b) inform the Commission about its negative assessment.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  68. 68. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 22Examination of national rules in force4. Where no action was taken by the Member State within 2 months after receiving therecommendation of the Agency referred to in point (a) of paragraph 3, the Commission, afterreceiving information referred to in point (b) of paragraph 3 and after having heard the reasonsof the Member State concerned, may adopt a decision addressed to the Member Stateconcerned requesting it to modify or repeal the rule in question.5. The procedure described in paragraphs 2 and 3 shall apply, mutatis mutandis, in caseswhere the Agency becomes aware of any national rule, notified or not, being redundant or inconflict with the CSMs, CSTs, TSIs or any other Union legislation in the railway field.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  69. 69. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 23IT system to be used for notification purposes and classification of national rules1. The Agency shall set up and manage a dedicated IT system containing national rulesreferred to in Articles 21(1) and 22(1) and make it accessible to stakeholders and the public.2. Member States shall notify national rules referred to in Articles 21(1) and 22(1) to theAgency and to the Commission through the IT system referred to in paragraph 1. The Agencyshall publish the rules in this system and use it for informing the Commission in accordance withArticles 21 and 22.3. The Agency shall classify notified national rules in accordance with Article 14(8) of Directive…. [Interoperability Directive]. To this end, it shall use the system referred to in the firstparagraph of this Article.4. The Agency shall classify national rules notified in accordance with Article 8(2) of Directive… [Railway Safety Directive], taking into account development of EU legislation. To this end, theAgency shall develop a Rule Management Tool to be used by Member States for simplifyingtheir systems of national rules. The Agency shall use the system referred to in the first paragraphof this Article to publish the Rule Management Tool.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  70. 70. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 6Tasks Relating To European Rail Traffic Management System (ERTMS)Article 24System authority for the ERTMS1. The Agency shall act as the system authority, being responsible for maintaining thetechnical specifications for the ERTMS.2. The Agency shall define, publish and apply the procedure for managing requests forchanges to those specifications. To this end, the Agency shall set up and maintain a register ofrequests for changes to ERTMS specifications and their status.3. The Agency shall recommend the adoption of a new version of ERTMS Technicalspecifications. However, it shall only do so when the previous version has been deployed at asufficient rate. The development of new versions shall not be detrimental to the rate ofdeployment of the ERTMS, the stability of the specifications which is needed to optimise theproduction of ERTMS equipment, the return on investment for railway undertakings and efficientplanning of the deployment of the ERTMS.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  71. 71. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 6Tasks Relating To European Rail Traffic Management System (ERTMS)Article 24System authority for the ERTMS4. The Agency shall develop and maintain the technical tools for managing the differentversions of the ERTMS with a view to ensuring technical and operational compatibility betweennetworks and vehicles fitted with different versions and to providing incentives for the swiftimplementation of the versions in force.5. In accordance with Article 5(10) of Directive … [Railway Interoperability Directive], theAgency shall ensure that successive versions of ERTMS equipment are technically compatiblewith earlier versions.6. The Agency shall prepare and disseminate relevant application guidelines for stakeholdersand explanatory documentation related to the technical specifications for the ERTMS.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  72. 72. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 25ERTMS Ad hoc working group of notified conformity assessment bodies1. The Agency shall set up and chair an ERTMS ad hoc working group of notified conformityassessment bodies referred to in Article 27 of Directive … [Interoperability Directive].The working group shall check the consistency of application of the procedure for assessing theconformity or suitability for use of an interoperability constituent referred to in Article 9 ofDirective … [Interoperability Directive] and of the EC procedures for verification referred to inArticle 10 of Directive … [Interoperability Directive] and carried out by notified conformityassessment bodies.2. The Agency shall report every two years to the Commission on the activities of the workinggroup referred to in paragraph 1, including statistics on attendance of notified conformityassessment bodies’ representatives in the working group.3. The Agency shall evaluate the application of the procedure for conformity assessment ofinteroperability constituents and of the EC verification procedure for ERTMS equipment andevery two years shall submit a report proposing to the Commission, where appropriate,improvements to be made.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  73. 73. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 26Supporting technical and operational compatibility between ERTMS on-board and tracksidesubsystems1. The Agency may assist the railway undertakings, at their request, in checking the technicaland operational compatibility between ERTMS on-board and trackside subsystems beforeplacing a vehicle in service.2. Where the Agency finds that there is a risk of a lack of technical and operationalcompatibility between networks and vehicles fitted with ERTMS equipment in the context ofspecific ERTMS projects, it may request the appropriate actors, in particular manufacturers,notified conformity assessment bodies, railway undertakings, infrastructure managers andnational safety authorities, to provide any information relevant to the procedures applied for ECverification and placing in service, and to operational conditions. The Agency shall inform theCommission about such a risk and, if necessary, recommend appropriate measures to theCommission.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  74. 74. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 27Supporting ERTMS deployment and ERTMS projects1. The Agency shall monitor the deployment of the ERTMS in accordance with thedeployment plan set out in Decision 2012/88/EU and shall monitor coordination of ERTMSinstallation along the Trans-European Transport Corridors and Rail Freight Corridors as providedfor in Regulation (EU) No 913/2010.2. The Agency shall ensure technical follow up of Union-funded projects for the deployment ofthe ERTMS, including, where applicable, analysis of tendering documents at the time of the callfor tenders. The Agency shall also assist, if necessary, the beneficiaries of the Union funds toensure that the technical solutions implemented within projects are fully compliant with the TSIsrelating to control-command and signalling and are therefore fully interoperable.Article 28Accreditation of laboratories1. The Agency shall support, in particular by giving appropriate guidelines to the accreditationbodies, harmonised accreditation of ERTMS laboratories in accordance with Regulation (EC) No765/2008 of the European Parliament and of the Council.2. The Agency may participate as an observer in the peer reviews requiredby Regulation (EC) No 765/2008.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  75. 75. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 7TASKS RELATING TO MONITORING THE SINGLE EUROPEAN RAILWAY AREAArticle 29Monitoring of national safety authorities1. The Agency shall monitor the performance and decision-making of national safetyauthorities through audit and inspections.2. The Agency shall be entitled to audit:the capacity of national safety authorities to execute tasks related to railway safety andinteroperability;the effectiveness of national safety authorities monitoring of safety management systems ofactors as referred to in Article 16 in Directive […] [Railway Safety Directive].The procedure for performing the audits shall be adopted by the Management Board.3. The Agency shall issue audit reports and send them to the national safety authorityconcerned and to the Commission. Each audit report shall include, in particular, a list of anydeficiencies identified by the Agency as well as recommendations for improvement.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  76. 76. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 29Monitoring of national safety authorities4. If the Agency considers that the deficiencies referred to in paragraph 3 prevent the nationalsafety authority concerned from effectively performing its tasks in relation to railway safety andinteroperability, the Agency shall recommend to the national safety authority to take appropriatesteps within a time limit to be defined taking into account the importance of the deficiency.5. Where a national safety authority disagrees with the Agencys recommendation referred toin paragraph 4, or where no action is taken by a national safety authority as a result of theAgencys recommendation within 3 months from its reception, the Commission may take adecision within six months in accordance with the advisory procedure referred to in Article 75.6. The Agency shall be also entitled to conduct announced or unannounced inspections innational safety authorities, to verify specific areas of their activities and operation, in particularreview documents, processes and records related to their tasks referred to in Article 16 ofDirective … [Railway Safety Directive]. The inspections may be conducted on an ad-hoc basis orin accordance with a plan developed by the Agency. The duration of an inspection shall notexceed two days. The national authorities of the Member States shall facilitate the work of theAgency’s staff. The Agency shall provide the Commission with a report on each inspection.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  77. 77. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 30Monitoring of notified conformity assessment bodies1. The Agency shall monitor the notified conformity assessment bodies through assistance toaccreditation bodies, audit and inspections, as provided for in paragraphs 2-5.2. The Agency shall support harmonised accreditation of notified conformity assessmentbodies, in particular by giving appropriate guidance on evaluation criteria and procedures toassess whether notified bodies meet the requirements referred to in Art. 27 of Directive …[Interoperability Directive] to the accreditation bodies, via the European Accreditationinfrastructure recognised by Art. 14 of Regulation (EC) No. 765/2008 of the EuropeanParliament and of the Council setting out the requirements for accreditation and marketsurveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/933. In case of notified conformity assessment bodies which are not accredited according toArticle 24 of Directive… [Interoperability Directive], the Agency may audit their capacities to meetthe requirements referred to in Article 27 of that Directive. The procedure for performing auditsshall be adopted by the Management Board.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  78. 78. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 30Monitoring of notified conformity assessment bodies4. The Agency shall issue audit reports covering the activities referred to in paragraph 3 andsend them to the notified conformity assessment body concerned and to the Commission. Eachaudit report shall include, in particular, any deficiencies identified by the Agency andrecommendations for improvement. If the Agency considers that these deficiencies prevent thenotified body concerned from effectively performing its tasks in relation to railway safety andinteroperability, the Agency shall adopt a recommendation requesting the Member State in whichthat notified body is established to take appropriate steps within a time limit.5. Where a Member State disagrees with the recommendation referred to in paragraph 4, orwhere no action is taken by a notified body as a result of the Agencys recommendation within 3months from its reception, the Commission may adopt an opinion within a period of six monthsin accordance with advisory procedure referred to in Article 75.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  79. 79. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 30Monitoring of notified conformity assessment bodies6. The Agency may, including in cooperation with the relevant national accreditation bodies,conduct announced or unannounced inspections of notified conformity assessment bodies toverify specific areas of their activities and operation, in particular review documents, certificatesand records related to their tasks referred to in Article 27 of Directive […] [InteroperabilityDirective]. The inspections may be conducted on an ad-hoc basis or in accordance with a plandeveloped by the Agency. The duration of an inspection shall not exceed two days. The notifiedconformity assessment bodies shall facilitate the work of the Agency’s staff. The Agency shallprovide the Commission with a report on each inspection.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  80. 80. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 31Monitoring progress of interoperability and safety1. The Agency, together with the network of national investigation bodies, shall collect relevantdata on accidents and incidents and monitor the contribution of the national investigation bodiesto the safety of the railway system as a whole.2. The Agency shall monitor the overall safety performance of the railway system. The Agencymay in particular seek the assistance of the networks referred to in Article 34, includingcollection of data. The Agency shall also draw on the data collected by Eurostat and shallcooperate with Eurostat to prevent any duplication of work and to ensure methodologicalconsistency between the common safety indicators and the indicators used in other modes oftransport.3. At the Commission’s request, the Agency shall issue recommendations on how to improvethe interoperability of the railway systems, in particular by facilitating coordination betweenrailway undertakings and infrastructure managers, or between infrastructure managers.4. The Agency shall monitor progress on the interoperability and safety of the railway systems.Every two years it shall present to the Commission and publish a report on progress oninteroperability and safety in the Single European Railway Area.5. The Agency shall, at the Commission’s request, provide reports on the state ofimplementation and application of the Union legislation on safety andinteroperability in a given Member State.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  81. 81. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 8OTHER TASKSArticle 32Railway staff1. The Agency shall perform the appropriate tasks relating to railway staff set out in Articles 4,20, 22, 23, 25, 28, 33, 34, 35 and 37 of Directive 2007/59/EC of the European Parliament andof the Council .2. The Agency may be requested by the Commission to perform other tasks relating to railwaystaff in accordance with Directive 2007/59/EC.3. The Agency shall consult the authorities competent on railway staff issues on the tasksreferred to in paragraphs 1 and 2. The Agency may promote cooperation between thoseauthorities, including by organising appropriate meetings with their representatives.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  82. 82. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 33Registers and their accessibility1. The Agency shall set up and keep European registers provided for in Article 43, 44 and 45of Directive … [Interoperability Directive]. The Agency shall act as the system authority for allregisters and databases referred to in the Safety, Interoperability and Train Drivers Directives.This shall include, in particular:a) developing and maintaining specifications of the registers;b) coordinating of developments in the Member States in relation to the registers;c) providing guidance on the registers to relevant stakeholders;d) making recommendations to the Commission regarding improvements to the specification ofexisting registers and any need to set up new ones.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  83. 83. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 33Registers and their accessibility2. The Agency shall make the following documents and registers provided for by Directive …[Interoperability Directive] and Directive … [Railway Safety Directive] publicly available:a) the EC declarations of verification of subsystems;b) the EC declarations of conformity of interoperability constituents and EC declarations ofsuitability of use of interoperability constituents;c) the licences issued in accordance with Directive … [Directive on the establishment of theSingle European Rail Area (recast)];d) the safety certificates issued in accordance with Article 10 of Directive … [Railway SafetyDirective];e) the investigation reports sent to the Agency in accordance with Article 24 of Directive …[Railway Safety Directive];f) the national rules notified to the Commission in accordance with Article 8 of Directive …[Railway Safety Directive] and Articles 14 of Directive … [Interoperability Directive];g) the vehicle registers, including via links to relevant national registers;h) the infrastructure registers, including via links to relevant national registers;i) the European register of authorised types of vehicles;j) the register of requests for changes and planned changes to theERTMS specifications;Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  84. 84. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 33Registers and their accessibility2. The Agency shall make the following documents and registers provided for by Directive …[Interoperability Directive] and Directive … [Railway Safety Directive] publicly available:k) the register of requests for changes and planned changes to the Telematics Applications forPassengers (TAP) TSI/Telematics Applications for Freight (TAF) TSI specifications;l) the register of vehicle keeper markings kept by the Agency in accordance with the TSI onoperation and traffic management;m) quality reports issued in accordance with Article 28(2) of Regulation (EC) No 1371/2007.3. The practical arrangements for sending the documents referred to in paragraph 2 shall bediscussed and agreed by the Commission and the Member States on the basis of a draftprepared by the Agency.4. When sending the documents referred to in paragraph 2, the bodies concerned mayindicate which documents are not to be disclosed to the public for reasons of security.5. The national authorities responsible for issuing the licences and certificates referred to inpoints (c) and (d) of paragraph 2 shall notify the Agency within one month of each individualdecision to issue, renew, amend or revoke those licenses and certificates.6. The Agency may include any public document or link relevant to the objectives of thisRegulation in the public database, taking into account applicable Unionlegislation on data protection.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  85. 85. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 34Networks of national safety authorities, investigating bodies and representative bodies1. The Agency shall establish a network of the national safety authorities and a network of theinvestigating bodies referred to in Article 21 of Directive…/… [Railway Safety Directive]. TheAgency shall provide them with a secretariat. The tasks of the networks shall, in particular, be:a) exchange of information related to railway safety and interoperability;b) promotion of good practices;c) provision of data on railway safety to the Agency, in particular data relating to common safetyindicators.The Agency shall facilitate cooperation between those networks, in particular it may decide tohold joint meetings of both networks.2. The Agency shall establish a network of representative bodies from the railway sectoracting at the Union level. The list of these bodies shall be defined in an implementing actadopted by the Commission, in accordance with advisory procedure referred to in Article 75. TheAgency shall provide the network with a secretariat. The tasks of the network shall, in particular,be:a) exchange of information related to railway safety and interoperability;b) promotion of good practices;c) provision of data on railway safety and interoperability to the Agency.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  86. 86. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 34Networks of national safety authorities, investigating bodies and representative bodies3. The networks referred to in paragraphs 1 and 2 may issue non-binding opinions on draftrecommendations referred to in Article 9(2).4. The Agency may establish other networks with bodies or authorities with responsibility for apart of the railway system.5. The Commission may participate in meetings of networks referred to in this Article.Article 35Communication and disseminationThe Agency shall communicate and disseminate to relevant stakeholders the Europeanframework of railway legislation, standards and guidance, in accordance with relevantcommunication and dissemination plans adopted by the Management Board. Those plans,based on an analysis of needs, shall be regularly updated by the Management Board.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  87. 87. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 36Research and promotion of innovation1. The Agency shall contribute, upon request of the Commission, to railway research activitiesat Union level, including through support to relevant Commission services and representativebodies. This contribution shall be without prejudice to other research activities at the Union level.2. The Commission may entrust the Agency with the task of promoting innovation aimed atimproving railway interoperability and safety, particularly the use of new information technologiesand tracking and tracing systems.Article 37Assistance to the Commission1. The Agency shall, at the Commission’s request, assist the Commission with theimplementation of Union legislation aimed at enhancing the level of interoperability of railwaysystems and at developing a common approach to safety on the European railway system.2. This assistance may include:providing technical advice in matters requiring specific know-how;collecting information through the networks referred to in Article 34.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  88. 88. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 38Assistance with the assessment of rail projectsWithout prejudice to the derogations provided for by Article 9 of Directive […] [RailwayInteroperability Directive], the Agency shall, at the Commission’s request, examine, from thepoint of view of interoperability and safety, any project involving the design, construction,renewal or upgrading of the subsystem for which an application for Union financial support hasbeen submitted.Within a period to be agreed with the Commission according to the importance of the project andthe resources available and which may not exceed two months, the Agency shall give an opinionon whether the project complies with the relevant railway interoperability and safety legislation.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  89. 89. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 39Assistance to Member States, candidate countries and stakeholders1. On its own initiative or at the request of the Commission, Member States, candidatecountries or the networks referred to in Article 34, the Agency shall engage in training and otherappropriate activities concerning the application and explanation of railway interoperability andsafety legislation and related Agency’s products such as registers, implementation guides orrecommendations.2. The nature and extent of the activities referred to in paragraph 1 shall be decided by theBoard and included in the work programme.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  90. 90. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 41Coordination regarding spare partsThe Agency shall contribute to identifying potential railway spare parts to be standardised. Tothis end, the Agency may establish a working party in order to coordinate the stakeholders’activities and may establish contacts with the European standardisation bodies. The Agencyshall present the Commission with appropriate recommendations.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  91. 91. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)CHAPTER 9ORGANISATION OF THE AGENCYArticle 42Administrative and management structureThe Agencys administrative and management structure shall comprise:a) A Management Board, which shall exercise the functions set out in Article 47;b) An Executive Board which shall exercise the functions set out in Article 49;c) An Executive Director who shall exercise the responsibilities set out in Article 50;d) A Board of Appeal who shall exercise the responsibilities set out in Articles 54 to 56.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  92. 92. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 43Composition of the Management Board1. The Management Board shall be composed of one representative from each MemberState and four representatives of the Commission, all with a right to vote.The Management Board shall also include six representatives, without the right to vote,representing at European level the following groups:a) railway undertakings;b) infrastructure managers;c) the railway industry;d) trade unions;e) passengers;f) freight customers.For each of these groups, the Commission shall appoint a representative and an alternate froma shortlist of four names submitted by their respective European organisations.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
  93. 93. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 43Composition of the Management Board2. Board members and their alternates shall be appointed in light of their knowledge of theagencys core business, taking into account relevant managerial, administrative and budgetaryskills. All parties shall make efforts to limit turnover of their representatives in the Board, in orderto ensure continuity of the Boards work. All parties shall aim to achieve a balancedrepresentation between men and women on the Management Board.3. Member States and the Commission shall appoint their members of the ManagementBoard and an alternate who will represent the member in his/her absence.4. The term of office of the members shall be four years and may be renewed.5. When appropriate, the participation of representatives of third countries and the conditionsthereof shall be established in the arrangements referred to in Article 68.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theEuropean Union Agency for Railways and repealing Regulation (EC) No 881/2004
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