Impact of 4th Railway Package on business environment
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  • 1. Ștefan Roșeanu, Club FeroviarImpact of 4thRailway Package onbusiness environmentMay 10, 2013, Bucharest
  • 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. 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. 2. About Club FeroviarRailway andmultimodal transportbusiness consultancyservicesRailway Business Clubnetworkingbusiness-matchmakingInstitutional & governmental Lobbycross-media communicationClub FeroviarMay 10, 2013, Bucharest
  • 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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
  • 94. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT ANDOF THE COUNCIL on railway safety
  • 95. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 1This Directive lays down provisions to ensure the development and improvement of safety of theUnion’s railways and improved access to the market for rail transport services by:(a) harmonising the regulatory structure in the Member States;(b) defining responsibilities between the actors of the rail system;(c) developing common safety targets and common safety methods with a view to graduallyremoving the need for national rules;(d) requiring the establishment, for each Member State, of a national safety authority and anaccident and incident investigating body;(e) defining common principles for the management, regulation and supervision of railway safety.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 96. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 3DefinitionsFor the purpose of this Directive, the following definitions apply:(a) ‘rail system’ means the Union rail system as defined in Article 2 of Directive [xx oninteroperability of the rail system];(b)‘infrastructure manager’ means infrastructure manager as defined in Article 2 of Directive2001/14/EC16;(c)‘railway undertaking’ means railway undertaking as defined in Article 2 of Directive2001/14/EC, and any other public or private undertaking, the activity of which is to providetransport of goods and/or passengers by rail on the basis that the undertaking must ensuretraction,including undertakings which provide traction only;(d)‘technical specification for interoperability (TSI)’ means a specification by which eachsubsystem or part of a subsystem is covered in order to meet the essential requirements andensure the interoperability of the rail system as defined in Article 2 of Directive xx oninteroperability of the rail system;Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 97. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 3 (continued)DefinitionsFor the purpose of this Directive, the following definitions apply (continue):(f)‘common safety methods (CSMs)’ means the methods describing the assessment of safetylevels and achievement of safety targets and compliance with other safety requirements;(g)‘ national safety authority’ means the national body entrusted with the tasks regarding railwaysafety in accordance with this Directive or any body entrusted by several Member States withthese tasks in order to ensure a unified safety regime;(h)‘national rules’ means all binding rules containing railway safety or technical requirementsimposed at Member State level and applicable to railway undertakings, irrespective of the bodyissuing them;(p)‘light rail’ means an urban and/or sub-urban rail transport system with lower capacity andlower speeds than heavy rail and metro systems, but higher capacity and higher speeds thantram systems. Light rail systems may have their own right-of-way or share it with road traffic andusually do not exchange vehicles with long-distance passenger or freight traffic;Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 98. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 3 (continued)DefinitionsFor the purpose of this Directive, the following definitions apply (continue):(q)‘notified bodies’ means the bodies which are responsible for assessing the conformity orsuitability for use of the interoperability constituents or for appraising the ‘EC’ procedure forverification of the subsystem;(r)‘interoperability constituents’ means any elementary component, group of components,subassembly or complete assembly of equipment incorporated or intended to be incorporatedinto a subsystem upon which the interoperability of the rail system depends directly or indirectly,as defined in Article 2 of Directive xx on interoperability of the rail system;(u)‘vehicle’ means a railway vehicle suitable for circulation on its own wheels on railway lines,with or without traction n a fixed or variable composition. A vehicle is composed of one or morestructural and functional subsystems;Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 99. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 3 (continued)DefinitionsFor the purpose of this Directive, the following definitions apply (continue):(v)‘manufacturer’ means any natural or legal person who manufactures an interoperabilityconstituent or subsystem or has it designed or manufactured, and markets it under his name ortrademark;(w)‘consignor’ means the enterprise which consigns goods either on its own behalf or for a thirdparty;(x)‘loader’ means any enterprise that loads packaged goods, including dangerous goods, smallcontainers or portable tanks onto a wagon or a container or which loads a container, bulk-container, multiple-element gas container, tank-container or portable tank onto a wagon;(y)‘filler’ means any enterprise that loads goods, including dangerous goods, into a tank (tank-wagon, wagon with demountable tank, portable tank or tank-container) into a wagon, largecontainer or small container for carriage in bulk, or into a batterywagon or multiple-element gascontainer.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 100. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 4Role of the actors of the rail system in developing and improving railway safety1. Member States and the Agency shall ensure that railway safety is generally maintained and,where reasonably practicable, continuously improved, taking into consideration the developmentof Union legislation and technical and scientific progress and giving priority to the prevention ofserious accidents.2. Member States shall ensure that the responsibility for the safe operation of the railway systemand the control of risks associated with it is laid upon the infrastructure managers and railwayundertakings, obliging them:a) to implement necessary risk control measures, where appropriate in cooperation with eachother,b) to apply Union and national rules,c) to establish safety management systems in accordance with this Directive. Without prejudiceto civil liability in accordance with the legal requirements of the Member States, eachinfrastructure manager and railway undertaking shall be made responsible for its part of thesystem and its safe operation, including supply of material and contracting of services, vis-à-visusers, customers, the workers concerned and third parties. The risks associated with theactivities of third parties shall also be taken into account in the safety management systems ofinfrastructure managers and railway undertakings.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 101. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 4 (continued)Role of the actors of the rail system in developing and improving railway safety3. Each manufacturer, maintenance supplier, keeper, service provider and procurement entity toshall ensure that rolling stock, installations, accessories and equipment and services supplied bythem comply with the specified requirements and conditions for use, so that they can be safelyput into operation by the railway undertaking and/or infrastructure manager.4. All actors having a relevant role in safety operations shall implement the necessary riskcontrol measures, where appropriate in cooperation with the others. In addition to railwayundertakings and infrastructure managers those actors include:(a) the entities in charge of the maintenance of vehicles;(b) the consignors, the loaders and the fillers, which have a role in safe loading operations,(c) the manufacturers, which are responsible for the design and manufacturing of safe railwayvehicles, parts, components or sub-assemblies of vehicle, railway infrastructure, energy andtrack side control command, as well as issuing of the preliminary maintenance documentationassociated to the vehicle.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 102. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 4 (continued)Role of the actors of the rail system in developing and improving railway safety5. Each railway undertaking, infrastructure manager and entity in charge of maintenance shallensure that its contractors implement risk control measures. To this end, each railwayundertaking, infrastructure manager and entity in charge of maintenance shall apply thecommon methods for monitoring processes set out in the Regulation (EU) 1078/201218. Theircontractors shall apply this process through contractual arrangements. Railway undertakings,infrastructure managers and entities in charge of maintenance shall disclose their contractualarrangements on request of the Agency or the national safety authority.6. Any actor of the rail system who identifies a safety risk related to defects and constructionnon-conformities or malfunctions of technical equipment, including those of structuralsubsystems, shall report those risks to the other parties involved to enable them to take anynecessary corrective actions to ensure continuous achievement of the safety performance ofthe rail system.7. In case of exchange of vehicles between railways undertakings, all actors shall exchange allinformation relevant to safe operation. Such information shall include information on the statusand history of the vehicle, elements of the maintenance files, traceability of loading operations,and consignment notes. It shall be sufficiently detailed to allow an assessment of the risks ofoperating the vehicle by the railway undertaking.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 103. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 6Common safety methods1. The CSMs shall describe how the safety levels, the achievement of safety targets andcompliance with other safety requirements, are assessed by elaborating and defining:(a) risk evaluation and assessment methods,(b) methods for assessing conformity with requirements in safety certificates and safetyauthorisations issued in accordance with Articles 10 and 11,(c) methods for supervision to be applied by national safety authorities and methods formonitoring to be applied by railway undertakings, infrastructure managers and entities in chargeof maintenance;(d) any other methods covering a process of the safety management system which need to beharmonised at Union level.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 104. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 6 (continued)Common safety methods2. The Commission shall issue mandates to the Agency to draft the new CSMs referred in point1(d), to review and update all CSMs to take account of developments in technology or socialrequirements and to make the relevant recommendations to the Commission.When drafting the recommandations, the Agency shall take account of the opinion of the usersand of the stakeholders. The recommendations shall enclose a report on the results of thisconsultation and a report assessing the impact of the new CSM to be adopted.3. The CSMs shall be revised at regular intervals, taking into account the experience gainedfrom their application and the global development of railway safety and in view of generallymaintaining and where reasonably praticable, continuously improving safety.4. The Commission shall be empowered to adopt delegated acts laying down CSMs and revisedCSMs in accordance with Article 26.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 105. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 7Common safety targets1. The CSTs shall define the minimum safety levels that shall be reached by different parts of therailway system and by the system as a whole in each Member State, expressed in riskacceptance criteria for:(a) individual risks relating to passengers, staff including the staff of contractors, level crossingusers and others, and, without prejudice to existing national and international liability rules,individual risks relating to unauthorised persons on railway premises;(b) societal risks.2. The Commission shall issue a mandate to the Agency to draft revised CSTs and to make therelevant recommendations to the Commission.3. The CSTs shall be revised at regular intervals, taking into account the global development ofrailway safety. The revised CSTs shall reflect any priority areas where safety needs to be furtherimproved.4. The Commission shall be empowered to adopt delegated acts laying down revised CSTs inaccordance with Article 26.5. Member States shall make any necessary amendments to their national safety rules in orderto achieve at least the CSTs, and any revised CSTs, in accordance with the implementationtimetables attached to them. They shall notify these rules to the Commissionin accordance with Article 8(3).Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 106. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 8National rules1. Member States may lay down new national rules only in the following cases:(a) where rules concerning existing safety methods are not covered by a CSM;(b) as an urgent preventive measure, in particular following an accident. Member States shallensure that national rules take account of the need for a system-based approach.2. If a Member State intends to introduce a new national rule, it shall notify the draft of that ruleto the Agency and the Commission using the appropriate IT system in accordance with article 23of Regulation (EU) No …/… [Agency Regulation].3. If the Agency becomes aware of any national rule notified or not which that has becomeredundant or is in conflict with the CSMs or any other Union legislation adopted after theapplication of the national rule the procedure established in article 22 of Regulation (EU) No …/… [Agency Regulation] shall apply.4. Member States shall ensure that national rules are made available free of charge and in alanguage that can be understood by all parties concerned.5. National rules notified in accordance with this Article are not subject to the notificationprocedure set out in Directive 98/34/EC.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 107. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 10Single safety certificate1. Access to the railway infrastructure shall be granted only to railway undertakings which holdthe single safety certificate.2. The single safety certificate shall be granted by the Agency on the basis of the evidence thatthe railway undertaking has established its safety management system in accordance withArticle 9 and meets the requirements laid down in TSIs and in other relevant legislation in orderto control risks and provide transport services safely on the network.3. The single safety certificate shall specify the type and extent of the railway operationscovered. It shall be valid throughout the Union for equivalent operations.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 108. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (4)Article 10 (continued)Single safety certificate4. Three months before the start of operation of any new service, the railway undertaking shallnotify to the relevant national safety authority the documentation confirming that:(a) the railway undertaking will follow the operating rules, including national rules made availableto them in accordance with Article 8(4), and assess the safety of their operation, taking intoaccount the requirements in Commission Regulation (EC) No 352/200919 and ensuring thatthey are managing all risks through their safety management system and that they are makingall necessary arrangements to operate safely;(b) the railway undertaking has made the arrangements necessary for cooperation andcoordination with the infrastructure manager(s) of the network(s) where it proposes to operate;(c) the railway undertaking has taken any action necessary to ensure the safe operation of theservice;(d) the railway undertaking has a licence issued in accordance with Council Directive95/18/EC20;(e) the type and extent of its intended operation corresponds to that specified in its single safetycertificate.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 109. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 10 (continued)Single safety certificate4. (continued)If the national safety authority has doubts concerning the fulfilment of one or more conditions itshall request more information from the railway undertaking. However, this exchange may nothave any suspensive or delaying effect on the start of operation. If the national safety authorityfinds evidence that one or more conditions are not met, it shall refer the matter to the Agency,which shall take the appropriate measures, including revocation of the certificate.5. The single safety certificate shall be renewed upon application by the railway undertaking atintervals not exceeding five years. It shall be wholly or partly updated whenever the type orextent of the operation is substantially altered.The holder of the single safety certificate shall inform the Agency without delay of any majorchanges in the conditions of the single safety certificate. It shall furthermore notify the Agencywhenever new categories of staff or new types of rolling stock are introduced.The Agency may require that the single safety certificate be revised following substantialchanges to the safety regulatory framework.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 110. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 10 (continued)Single safety certificate6. If a national safety authority finds that a holder of a single safety certificate no longer satisfiesthe conditions for certification, it shall ask the Agency to revoke it. The Agency may revoke thesingle safety certificate, giving reasons for its decision. The Agency shall immediately inform allthe national safety authorities of the networks on which the railway undertaking operates.7.The Agency shall inform the national safety authorities within one month of the issue, renewal,amendment or revocation of a single safety certificate. It shall state the name and address of therailway undertaking, the issue date, the scope and validity of the certificate and, in the case ofrevocation, the reasons for its decision.8. The Agency shall continuously monitor the effectiveness of the measures for the issuing ofsingle safety certificates and supervision by national safety authorities and, where appropriate,shall make recommendations to the Commission for improvement. These may include arecommandation for a CSM covering a process of the safety management system which needsto be harmonised at Union level, as referred to in Article 6(1)(d).Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 111. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 11Applications for single safety certificates1. Applications for single safety certificates shall be submitted to the Agency. The Agency shalltake a decision on an application without delay and in any event not more than four months afterall required information and any supplementary information requested by the Agency has beensubmitted. If the applicant is requested to submit supplementary information, such informationshall be submitted promptly.2. The Agency shall provide detailed guidance on how to obtain the single safety certificate. Itshall list all requirements that have been laid down for the purpose of Article 10(2) and shallpublish all relevant documents.3. An application guidance document describing and explaining the requirements for the singlesafety certificates and listing the required documents shall be made available to applicants freeof charge. The national safety authorities shall cooperate with the Agency in disseminating suchinformation.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 112. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 12Safety authorisation of infrastructure managers1. In order to be allowed to manage and operate a rail infrastructure, the infrastructure managershall obtain a safety authorisation from the national safety authority in the Member State where itis established.The safety authorisation shall comprise authorisation confirming acceptance of the infrastructuremanager’s safety management system laid down in Article 9, which shall include the proceduresand provisions for meeting the requirements necessary for the safe design, maintenance andoperation of the railway infrastructure, including, where appropriate, the maintenance andoperation of the traffic control and signalling system.2. The safety authorisation shall be renewed upon application by the infrastructure manager atintervals of five years. It shall be wholly or partly updated whenever substantial changes aremade to the infrastructure, signalling or energy supply or to the principles of its operation andmaintenance. The holder of the safety authorisation shall without delay inform the national safetyauthority of all such changes. The national safety authority may require that the safetyauthorisation be revised following substantial changes to the safety regulatory framework.If the national safety authority finds that an authorised infrastructure manager no longer satisfiesthe conditions for a safety authorisation it shall revoke the authorisation, giving reasons for itsdecisions.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 113. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 12 (continued)Safety authorisation of infrastructure managers3. The national safety authority shall take a decision on an application for safety authorisationwithout delay and in any event not more than four months after all the information required andany supplementary information requested has been submitted.4. The national safety authority shall inform the Agency within one month of the safetyauthorisations that have been issued, renewed, amended or revoked. It shall state the name andaddress of the infrastructure manager, the issue date, the scope and validity of the safetyauthorisation and, in case of revocation, the reasons for its decision.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 114. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 14Maintenance of vehicles1. Each vehicle, before it is placed in service or used on the network, shall have an entity incharge of maintenance assigned to it and this entity shall be registered in the national vehicleregister in accordance with Article 43 of Directive XX on interoperability of the rail system.2. A railway undertaking, an infrastructure manager or a keeper may be an entity in charge ofmaintenance. (...)4. In the case of freight wagons, each entity in charge of maintenance shall be certified by abody accredited or recognised in accordance with Commission Regulation (EU) No 445/2011, orby a national safety authority. The recognition process shall also be based on criteria ofindependence, competence and impartiality.Where the entity in charge of maintenance is an infrastructure manager, compliance withRegulation (EU) No 445/2011 shall be checked by the relevant national safety authority pursuantto the procedures referred to in Article 12 and shall be confirmed on the certificates specified inthose procedures.5. The certificates granted in accordance with paragraph 4 shall be valid throughout the Union.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 115. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 14 (continued)Maintenance of vehicles6. By 31 May 2014, the Agency shall evaluate the system of certification of the entity in chargeof maintenance for freight wagons and shall consider the opportunity for an extension of thatsystem to all vehicles and shall submit a report to the Commission.7. The Commission shall, by means of implementing acts, adopt common conditions forcertification of the entity in charge of maintenance for all vehicles by 24 December 2016.Those implementing acts shall be adopted in accordance with the examination procedurereferred to in Article 27 (2).The certification system applicable to freight wagons adopted by Regulation (EU) No 445/2011shall continue to apply until the implementing acts referred to in the first subparagraph areadopted.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 116. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 15Derogations from the system of certification of the entities in charge of maintenance1. Member States may decide to fulfil the obligations to identify the entity in charge ofmaintenance and to certify it through alternative measures respect to the system of certificationestablished in article 14, in the following cases:(a) vehicles registered in a third country and maintained according to the law of that country;(b) vehicles which are used on networks or lines the track gauge of which is different from that ofthe main rail network within the Union and for which fulfilment of the requirements referred to inArticle 14(3) is ensured by international agreements with third countries;(c) vehicles covered by Article 2(2), and military equipment and special transport requiring an adhoc national safety authority permit to be delivered prior to the service. In this case derogationsshall be granted for periods not longer than five years.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 117. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 15 (continued)Derogations from the system of certification of the entities in charge of maintenance2. Alternative measures referred to in paragraph 1 shall be implemented through derogations tobe granted by the relevant national safety authority or the Agency:(a) when registering vehicles pursuant to Article 43 of Directive xx on interoperability of the railsystem, as far as the identification of the entity in charge of maintenance is concerned;(b) when delivering safety certificates and authorisations to railway undertakings andinfrastructure managers pursuant to Articles 10 and 12 of this Directive, as far as theidentification or certification of the entity in charge of maintenance is concerned.3. Such derogations shall be identified and justified in the annual safety report referred to inArticle 18. Where it appears that undue safety risks are being taken on the Union rail system,the Agency shall immediately inform the Commission thereof. The Commission shall makecontact with the parties involved and, where appropriate, request the Member State to withdrawits derogation decision.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 118. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)CHAPTER IVNATIONAL SAFETY AUTHORITIESArticle 16Tasks1. Each Member State shall establish a safety authority. This authority shall be independent in itsorganisation, legal structure and decision making from any railway undertaking, infrastructuremanager, applicant and procurement entity.2. The national safety authority shall be entrusted with at least the following tasks:(a) authorising the placing in service of the energy and infrastructure subsystems constitutingthe rail system in accordance with Article 18(2) of Directive XX on interoperability of the railsystem;(b) supervising that the interoperability constituents are in compliance with the essentialrequirements as required by Article [x] of Directive [XX] on interoperability of the rail system;(c) assigning a European vehicle numbering in accordance with Article 42 of Directive [XX] oninteroperability of the rail system;(d) on request of the Agency, supporting it in the issue, renewal, amendment and revocation ofsingle safety certificates granted in accordance with Article 10 and checking that the conditionsand requirements laid down in them are met and that railway undertakings are operating inaccordance with the requirements of Union or national law;Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 119. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 16 (continued)Tasks2. (continued)(e) issuing, renewing, amending and revoking safety authorisations granted in accordance withArticle 12 and checking that the conditions and requirements laid down in them are met and thatinfrastructure managers are operating in accordance with the requirements of Union or nationallaw;(f) monitoring, promoting, and, where appropriate, enforcing and updating the safety regulatoryframework including the system of national rules;(g) supervising the railway undertakings in accordance with Annex IV to Regulation (EU) No1158/201023 and with Regulation (EU) No 1077/201224;(h) supervising that vehicles are duly registered in the national vehicle register and that safety-related information contained in it is accurate and up to date.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 120. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 16 (continued)Tasks3. The national safety authority of the Member State where the railway undertaking operatesshall make necessary arrangements to coordinate with the Agency and other safety authoritiesto ensure that any key information on the specific railway undertaking is shared, particularly onknown risks and its safety performance. The national safety authority shall also shareinformation with other relevant national safety authorities if it finds that the railway undertaking isnot taking the necessary risk control measures.It shall inform the Agency immediately of any concerns about the safety performance of therailway undertakings under supervision. The Agency shall take appropriate action provided for inArticle 10(6).4. The tasks referred to in paragraph 2 may not be transferred or subcontracted to anyinfrastructure manager, railway undertaking or procurement entity.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 121. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 17Decision-making principles1. The national safety authorities shall carry out their tasks in an open, non-discriminatory andtransparent way. In particular they shall allow all parties to be heard and give reasons for theirdecisions.They shall promptly respond to requests and applications and communicate their requests forinformation without delay and adopt all their zdecisions within four months after all requestedinformation has been provided. They may at any time request the technical assistance ofinfrastructure managers and railway undertakings or other qualified bodies when they arecarrying out the tasks referred to in Article 16.In the process of developing the national regulatory framework, the national safety authorityshall consult all persons involved and interested parties, including infrastructure managers,railway undertakings, manufacturers and maintenance providers, users and staffrepresentatives.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 122. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 17 (continued)Decision-making principles2. The Agency and the national safety authorities shall be free to carry out all inspections andinvestigations that are needed for accomplishment of their tasks and they shall be grantedaccess to all relevant documents and to premises, installations and equipment of infrastructuremanagers and railway undertakings.3. Member States shall take the measures necessary to ensure that decisions taken by thenational safety authority are subject to judicial review.4. The national safety authorities shall conduct an active exchange of views and experiencewithin the network established by the Agency in order to harmonise their decision-making criteriaacross the Union.5. The scope of cooperation between the Agency and the national safety authorities in allmatters relating to inspections on site related to issuing the single safety certificate andsupervision of the railway undertakings after issuing the single safety certificate shall be set outin contractual or other arrangements between the Agency and the national safety authorities.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 123. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 18Annual reportEach year the national safety authority shall publish an annual report concerning its activities inthe preceding year and send it to the Agency by 30 September at the latest. The report shallcontain information on:(a) the development of railway safety, including an aggregation at Member State level of theCSIs laid down in Annex I;(b) important changes in legislation and regulation concerning railway safety;(c) the development of safety certification and safety authorisation;(d) results of and experience relating to the supervision of infrastructure managers and railwayundertakings;(e) the derogations decided in accordance with Article 14(8);(f) all inspections or audits of railway undertakings operating in the Member Statein the course of supervision activities.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 124. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)CHAPTER VACCIDENT AND INCIDENT INVESTIGATIONArticle 19Obligation to investigate1. Member States shall ensure that an investigation is carried out by the investigating bodyreferred to in Article 21 after serious accidents on the rail system, the objective of which ispossible improvement of railway safety and the prevention of accidents.2. In addition to serious accidents, the investigating body referred to in Article 21 may investigatethose accidents and incidents which under slightly different conditions might have led to seriousaccidents, including technical failures of the structural subsystems or of interoperabilityconstituents of the European rail system.The investigating body shall, at its discretion, decide whether or not an investigation of such anaccident or incident shall be undertaken. In its decision it shall take into account:(a) the seriousness of the accident or incident;(b) whether it forms part of a series of accidents or incidents relevant to the system as a whole;(c) its impact on railway safety on a Union level;(d) requests from infrastructure managers, railway undertakings, the national safety authority orthe Member States.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 125. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 19 (continued)Obligation to investigate3. The extent of investigations and the procedure to be followed in carrying out suchinvestigations shall be determined by the investigating body, taking into account the principlesand the objectives of Articles 20 and 22 and depending on the lessons it expects to draw fromthe accident or incident for the improvement of safety.4. The investigation shall in no case be concerned with apportioning blame or liability.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 126. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 20Status of investigation1. Member States shall define, in the framework of their respective legal system, the legal statusof the investigation that shall enable the investigators-in-charge to carry out their task in themost efficient way and within the shortest time.2. In accordance with the legislation in force, Member States shall ensure full cooperation by theauthorities responsible for the judicial inquiry, and shall ensure that the investigators are, assoon as possible, given:(a) access to the site of the accident or incident as well as to the rolling stock involved, therelated infrastructure and traffic control and signalling installations;(b) the right to an immediate listing of evidence and controlled removal of wreckage,infrastructure installations or components for examination or analysis purposes;(c) access to and use of the contents of on-board recorders and equipment for recording ofverbal messages and registration of the operation of the signalling and traffic control system;(d) access to the results of examination of the bodies of victims;(e) access to the results of examinations of the train staff and other railway staff involved in theaccident or incident;(f) the opportunity to question the railway staff involved and other witnesses;(g) access to any relevant information or records held by the infrastructure manager, the railwayundertakings involved and the national safety authority.3. The investigation shall be accomplished independently of any judicial inquiry.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 127. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 23Reports1. An investigation of an accident or incident referred to in Article 19 shall be the subject ofreports in a form appropriate to the type and seriousness of the accident or incident and therelevance of the investigation findings. The reports shall state the objectives of the investigationsas referred to in Article 19(1) and contain, where appropriate, safety recommendations.2. The investigating body shall make public the final report in the shortest possible time andnormally not later than 12 months after the date of the occurrence. The report, including thesafety recommendations, shall be communicated to the relevant parties referred to in Article22(3) and to bodies and parties concerned in other Member States.The Commission shall establish, by means of implementing acts, the content of accident andincident investigation reports. Those implementing acts shall be adopted in accordance with theexamination procedure referred to in Article 27(2).3. Each year the investigating body shall publish by 30 September at the latest an annual reportaccounting for the investigations carried out in the preceding year, the safety recommendationsthat were issued and actions taken in accordance with recommendations issued previously.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 128. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 25Safety recommendations1. A safety recommendation issued by an investigating body shall in no case create apresumption of blame or liability for an accident or incident.2. Recommendations shall be addressed to the Agency, to the national safety authority and,where needed by reason of the character of the recommendation, to other bodies or authoritiesin the Member State or to other Member States. Member States and their national safetyauthorities shall take the necessary measures to ensure that the safety recommendations issuedby the investigating bodies are duly taken into consideration, and, where appropriate, actedupon.3. The national safety authority and other authorities or bodies or, when appropriate, otherMember States to which recommendations have been addressed, shall report back at leastannually to the investigating body on measures that are taken or planned as a consequence ofthe recommendation.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 129. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)CHAPTER VIFINAL PROVISIONSArticle 26Exercise of delegation1. The power to adopt delegated acts is conferred on the Commission subject to the conditionslaid down in this Article.2. The power to adopt delegated acts referred to in Articles 5(2) and 7(2) shall be conferred onthe Commission for an indeterminate period of time.3. The delegation of power referred to in Article 5(2) and 7(2) may be revoked at any time by theEuropean Parliament or by the Council. A decision to revoke shall put an end to the delegationof the power specified in that decision. It shall take effect the day following the publication of thedecision in the Official Journal of the European Union or at a later date specified therein. It shallnot affect the validity of any delegated acts already in force.4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to theEuropean Parliament and to the Council.5. A delegated act adopted pursuant to Articles 5(2) and 7(2) shall enter into force only if noobjection has been expressed by either the European Parliament or the Council within a periodof two months of notification of that act to the European Parliament and the Council, or if, beforeexpiry of that period, the European Parliament and the Council have both informed theCommission that they will not object. The period shall be extended by twomonths at the initiative of the European Parliament or the Council.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 130. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)Article 27Committee procedure1. The Commission shall be assisted by a committee. That committee shall be a committeewithin the meaning of Regulation (EU) No 182/2011.2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011shall apply.Article 32Transposition1. Member States shall bring into force the laws, regulations and administrative provisionsnecessary to comply with Articles 2, 3, 4, 8, 10, 16, 18, 20 and Annex I by [specific date to beinserted by OPOCE - two years after the date of entry into force] at the latest. They shallforthwith communicate to the Commission the text of those provisions.2. When Member States adopt those measures, they shall contain a reference to this Directiveor shall be accompanied by such reference on the occasion of their official publication.They shall also include a statement that references in existing laws, regulations andadministrative provisions to the directives repealed by this Directive shall be construed asreferences to this Directive. Member States shall determine how such reference is to be madeand how that statement is to be formulated.Member States shall communicate to the Commission the text of the main provisionsof national law which they adopt in the field covered by this Directive.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENTAND OF THE COUNCIL on railway safety
  • 131. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT ANDOF THE COUNCIL on the interoperability of the rail system within theEuropean Union (Recast)
  • 132. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)CHAPTER IGENERAL PROVISIONSArticle 1 Subject matter and scope1. This Directive establishes the conditions to be met to achieve interoperability within theUnion’s rail system in a manner compatible with the provisions of Directive […/…on the safetyof the rail system within the Union] . These conditions concern the design, construction, placingin service, upgrading, renewal, operation and maintenance of the parts of this system as well asthe professional qualifications and health and safety conditions of the staff who contribute to itsoperation and maintenance.2. This Directive lays down the provisions relating to, for each subsystem, the interoperabilityconstituents, the interfaces and procedures as well as the conditions of overall compatibility ofthe rail system required to achieve its interoperability.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 133. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 2DefinitionsFor the purposes of this Directive:1. ‘Union rail system’ means theelements listed in Annex I;2. interoperability’ means the ability of a rail system to allow the safe and uninterruptedmovement of trains which accomplish the required levels of performance for these lines.3. ‘vehicle’ means a railway vehicle suitable for circulation on its own wheels on railway lines,with or without traction, in a fixed or variable composition . A vehicle is composed of one ormore structural and functional subsystems ;4. ‘network’ means the lines, stations, terminals, and all kinds of fixed equipment needed toensure safe and continuous operation of the rail system;5. ‘subsystems’ means the structural or functional parts of the rail system, asset out in AnnexII;6. ‘interoperability constituents’ means any elementary component, group of components,subassembly or complete assembly of equipment incorporated or intended to be incorporatedinto a subsystem, upon which the interoperability of the rail system depends directly or indirectly,including both tangible objects and intangible objects;Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 134. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 2Definitions7. ‘essential requirements’ means all the conditions set out in Annex III which must be met bythe rail system, the subsystems, and the interoperability constituents, including interfaces;8. ‘European specification’ means a common technical specification, a European technicalapproval as defined in Annex XXI to Directive 2004/17/EC or a European standard asdefined in Article 2(1)(b) of Regulation (EU) No 1025/2012;9. ‘technical specification for interoperability’ (TSI) means a specification adopted in accordancewith this Directive by which each subsystem or part of a subsystem is covered in order to meetthe essential requirements and ensure the interoperability of the rail system;10. ‘basic parameter’ means any regulatory, technical or operational condition which is critical tointeroperability and is specified in the relevant TSIs;11. ‘specific case’ means any part of the rail system which needs special provisions in the TSIs,either temporary or definitive, because of geographical, topographical or urban environmentconstraints or those affecting compatibility with the existing system,in particular railway lines andnetworks isolated from the rest of theUnion , the loading gauge, the track gauge or spacebetween the tracks and vehicles strictly intended for local, regional or historical use, as well asvehicles originating from or destined for third countries;Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 135. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 2Definitions12. ‘upgrading’ means anymodification work on a subsystem or partof it which results in achange in the technical file accompanying the EC declaration of verification, if this technical fileexists, and which improves the overall performance of the subsystem;13. ‘renewal’ means any substitution work on a subsystem or partof it which does not change theoverall performance of the subsystem;14. ‘existing rail system’ means the structure composed of lines and fixed installations of theexisting rail system as well as the vehicles of all categories and origin travelling on thatinfrastructure;15. ‘substitution in the framework of maintenance’ means any replacement of components byparts of identical function and performance in the framework of preventive or correctivemaintenance;16. ‘placing in service’ means all the operations by which a subsystem or a vehicle is put into itsoperational service;17. ‘contracting entity’ meanspublic or private entity which orders the design and/orconstruction or the renewal or upgrading of a subsystem. This entity may be a railwayundertaking, an infrastructure manager or a keeper, or a concession holder responsible forcarrying out a project;Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 136. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 2Definitions18. ‘keeper’ means the person or entity that, being the owner of a vehicle or having the right touse it, exploits the vehicle as a means of transport and is registered as such in the nationalvehicle register referred to in Article 43;19. ‘project at an advanced stage of development’ means any project whoseplanning/construction stage has reached a point wherea change in the technical specificationsmay compromise the viability of the project as planned;20. ‘harmonised standard’ means a European standard as defined in Article 2(1)(c) of Regulation(EU) No 1025/2012;21. ‘national safety authority’ means a safety authority as defined in Article 3 of Directive …/…[on the safety of the rail system within the Union];22. ‘type’ means a vehicle type defining the basic design characteristics of the vehicle ascovered by a type or design examination certificate described in the relevant verification module;23. ‘series’ means a number of identical vehicles of a design type;24. ‘entity in charge of maintenance’ means an entity in charge of maintenance as defined inArticle 3 of Directive …/…. [Railway Safety Directive];Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 137. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 2Definitions25. ‘light rail’ means an urban and/or sub-urban rail transport system with lower capacity andlower speeds than heavy rail and metro systems, but higher capacity and higher speeds thantram systems. Light rail systems may have their own right-of-way or share it with road traffic andusually do not exchange vehicles with long-distance passenger or freight traffic;26. ‘national rules’ means all binding rules containing railway safety or technical requirementsimposed at Member State level and applicable to railway undertakings, irrespective of the bodyissuing them;27. ‘design operating state’ means the normal operating mode and the foreseeable degradedconditions (including wear) within the range and the conditions of use specified in the technicaland maintenance files;28. ‘acceptable means of compliance’ means non-binding opinions issued by the Agency todefine ways of establishing compliance with the essential requirements;29. ‘placing on the market’ means the first making available on the Union’s market of aninteroperability constituent, subsystem or vehicle ready to function in its design operating state;30. ‘manufacturer’ means any natural or legal person who manufactures an interoperabilityconstituent or subsystem or has it designed or manufactured, and markets it under his name ortrademark;Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 138. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 2Definitions31. ‘authorised representative’ means any natural or legal person established within the Unionwho has received a written mandate from a manufacturer to act on his behalf in relation tospecified tasks;32. ‘technical specification’ means a document that prescribes technical requirements to befulfilled by a product, process or service;33. ‘accreditation’ has the meaning assigned to it by Regulation (EC) No 765/2008;34. ‘national accreditation body’ has the meaning assigned to it by Regulation (EC) No765/2008;35. ‘conformity assessment’ means the process demonstrating whether specified requirementsrelating to a product, process, service, system, person or body have been fulfilled;36. ‘conformity assessment body’ means a body that performs conformity assessment activitiesincluding calibration, testing, certification and inspection;37. ‘disabled person and person with reduced mobility’ shall include any person who has apermanent or temporary physical, mental, intellectual or sensory impairment which, in interactionwith various barriers, may hinder their full and effective use of transport on an equal basis withother passengers or whose mobility when using transport is reduced due to age.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 139. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 2Definitions38. ‘infrastructure manager’ means infrastructure manager as defined in Article 3 of Directive …/… [establishing a single European railway area];39. ‘railway undertaking’ means railway undertaking as defined in Article 3 of Directive …/…[establishing a single European railway area], and any other public or private undertaking, theactivity of which is to provide transport of goods and/or passengers by rail on the basis that theundertaking must ensure traction; this also includes undertakings which provide traction only.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 140. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 3Essential requirements1. The rail system, subsystems and interoperability constituents including interfaces shall meetthe relevant essential requirements.2. The technical specifications referred to in Article 34 of Directive 2004/17/EC which arenecessary to complete European specifications or other standards in use within theUnion shallnot conflict with the essential requirements.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 141. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)CHAPTER IITECHNICAL SPECIFICATIONS FOR INTEROPERABILITYArticle 4Content of Technical Specifications for Interoperability1. Each of the subsystems defined in Annex II shall be covered by one TSI. Where necessary,a subsystem may be covered by several TSIs and one TSI may cover several subsystems.2. The Commission shall be empowered to adopt delegated acts in accordance with Article 46concerning adaptation to technical progress of Annex II regarding the breakdown of the railsystem into subsystems and to the description of these subsystems.3. Subsystems shall comply with the TSIs in force at the time of their placing in service,upgrading or renewal, in accordance with this Directive; this compliance shall be permanentlymaintained while each subsystem is in use.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 142. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 4Content of Technical Specifications for Interoperability4. Each TSI shall:(a) indicate its intended scope (part of network or vehicles referred to in Annex I;subsystem or part of subsystem referred to in Annex II);(b) lay down essential requirements for each subsystem concerned and its interfacesinrelation to other subsystems;(c) establish the functional and technical specifications to be met by the subsystem and itsinterfacesin relation to other subsystems. If need be, these specifications may vary accordingto the use of the subsystem;(d) determine the interoperability constituents and interfaces which must be covered byEuropean specifications, including European standards, which are necessary to achieveinteroperability within the rail system;(e) state, in each case under consideration, which procedures are to be used in order toassess the conformity or the suitability for use of the interoperability constituents, on the onehand, or the EC verification of the subsystems, on the other hand. These procedures shall bebased on the modules defined in Decision 2010/713/EU;Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 143. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 4Content of Technical Specifications for Interoperability4. Each TSI shall:(f) indicate the strategy forthe application of the TSIs. In particular, it is necessary to specifythe stages to be completed in order to make a gradual transition from the existing situation to thefinal situation in which compliance with the TSIs shall be the norm including setting deadlinesfor completion of those stages where necessary;(g) indicate, for the staff concerned, the professional qualifications and health and safetyconditions at work required for the operation and maintenance of the above subsystem, as wellas for theapplication of the TSIs.(h) indicate the provisions applicable to the existing subsystems and types of vehicles, inparticular in the event of upgrading and renewal, with and without a new authorisation ordecision for placing in service;(i) indicate the parameters to be checked by the railway undertaking and the procedures tobe applied to check those parameters after the delivery of the vehicle authorisation for placingon the market and before the decision for placing in service to ensure the compatibility betweenvehicles and routes on which they are intended to be operated;Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 144. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 4Content of Technical Specifications for Interoperability5. Each TSI shall be drawn up on the basis of an examination of an existing subsystem andindicate a target subsystem that may be obtained gradually within a reasonable time-scale.Accordingly, the gradual adoption of the TSIs and compliance with them shall facilitategradually within that time-scale to achieve the interoperability of the rail system.6. TSIs shall retain, in an appropriate manner, the compatibility of the existing rail system of eachMember State. With this objective, provision may be made for specific cases for each TSI, withregard to both network and vehicles, and in particular for the loading gauge, the track gauge orspace between the tracks and vehicles originating from or destined for third countries. For eachspecific case, the TSIs shall stipulate the implementing rules of the elements of the TSIsprovidedfor in paragraph 4(c) to (g).7. If certain technical aspects corresponding to the essential requirements cannot be explicitlycovered in a TSI, they shall be clearly identified in an annex to the TSI as open points.8. TSIs shall not prevent the Member States from deciding on the use of infrastructures for themovement of vehicles not covered by the TSIs.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 145. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 4Content of Technical Specifications for Interoperability9. TSIs may make an explicit, clearly identified reference to European or international standardsor specifications or technical documents published by the Agency where this is strictly necessaryin order to achieve the objective of this Directive. In such case, these standards or specifications(or their relevant parts) or technical documents shall be regarded as annexes to the TSIconcerned and shall become mandatory from the moment the TSI is applicable. In the absenceof such standards or specifications or technical documents and pending their development,reference may be made to other clearly identified normative documents that are easilyaccessible and in the public domain.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 146. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 5Drafting, adoption and review of TSIs1. The Commission shall issue a mandate to the Agency to draft TSIs and their amendmentsand to make the relevant recommendations to the Commission.Each draft TSI shall be drawn up inthe following stages.(a) the Agency shall identify the basic parameters for the TSI as well as the interfaces with theother subsystems and any other specific cases that may be necessary. The most viablealternative solutions accompanied by technical and economic justification shall be put forwardfor each of these parameters and interfaces.(b) the Agency shall draw up the draft TSI on the basis of these basic parameters. Whereappropriate, the Agency shall take account of technical progress, of standardisation workalready carried out, of working parties already in place and of acknowledged research work. Anoverall assessment of the estimated costs and benefits of the implementation of the TSIs shallbe attached to the draft TSI. This assessment shall indicate the likely impact for all the operatorsand economic agents involved.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 147. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 5Drafting, adoption and review of TSIs3. The Agency, in order to take account of developments in technology or social requirements,shall draft the TSIs and their amendments under the mandate referred to in paragraph 1, inaccordance with Articles 4 and 15 of Regulation (EU) No …/… [Agency Regulation] and byrespecting the principles of openness, consensus and transparency as defined in Annex II toRegulation (EU) No 1025/2012.4. During the preparatory work on TSIs the Commission may formulate any terms of referenceor useful recommendations concerning the design of the TSIs and the cost-benefit analysis. Inparticular, the Commission may,require that alternative solutions be examined and that theassessment of the cost and benefits of these alternative solutions be set out in the reportannexed to the draft TSI.5.Where different subsystems have to be placed in service simultaneously for reasons oftechnical compatibility, the dates of entry into force of the corresponding TSIs shall be the same.6. The drafting, adoption and review of the TSIs shall take account of the opinion of users, asregards the characteristics which have a direct impact on the conditions in which they use thesubsystems. To that end the Agency shall consult associations and bodies representing usersduring the drafting and review phases of the TSIs. It shall enclose with the draft TSI a report onthe results of this consultation.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 148. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 5Drafting, adoption and review of TSIs7. In accordance with Article 6 of Regulation (EU) No …/… [Agency Regulation], the Agencyshall draw up and regularly update the list of users associations and bodies to be consulted.This list may be re-examined and updated at the request of a Member State or upon theinitiative of the Commission.8. The drafting, adoption and review of the TSIs shall take account of the opinion of the socialpartners as regards the conditions referred to in Article 4(4)(g). To this end, the Agency shallconsult the social partners before submitting to the Commission recommendations on TSIs andtheir amendments. The social partners shall be consulted in the context of the Sectoral DialogueCommittee set up in accordance with Commission Decision 98/500/EC of 20 May 1998 on theestablishment of Sectoral Dialogue Committees promoting the Dialogue between the socialpartners at European level. The social partners shall issue their opinion within three months.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 149. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 5Drafting, adoption and review of TSIs9. When revision of a TSI leads to a change of requirements, the new TSI version shall ensurecompatibility with subsystems placed in service in accordance with former TSI versions.10. The Commission shall be empowered to adopt delegated acts in accordance with Article 46concerning the TSIs and their amendments.Where, in the case of deficiencies discovered in TSIs in accordance with Article 6, imperativegrounds of urgency so require, the procedure provided for in Article 47 shall apply to delegatedacts adopted pursuant to this Article.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 150. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 6Deficiencies in TSIs1. If, after its adoption, it appears that a TSI has a deficiency, that TSI shall be amended inaccordance with Article 5(3).2. Pending the review of the TSI, the Commission may request an opinion from the Agency. TheCommission shall analyse the Agency opinion and inform the Member States of its conclusions.3. At the request of the Commission, the Agency opinions referred to in paragraph 2 shallconstitute acceptable means of compliance to meet the essential requirements and maytherefore be used for the assessment of projects.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 151. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 7Non-application of the TSIs1. Member States are allowed not to apply one or more TSIs or parts of them in the followingcases:(a) for a proposed new subsystem or part of it, for the renewal or upgrading of an existingsubsystem or part of it, or for any element referred to in Article 1(1) at an advanced stage ofdevelopment or the subject of a contract in the course of performance at the date of applicationof these TSIs;(b) where, following an accident or a natural disaster, the conditions for the rapid restorationof the network do not economically or technically allow for partial or total application of therelevant TSIs; in this case, the non-application of the TSIs shall be limited in time;(c) for any proposed renewal, extension or upgrading of an existing subsystem or part of it,when the application of these TSIs would compromise the economic viability of the project.2. In the case referred to in paragraph 1(a), each Member State shall communicate to theCommission, within one year of entry into force of each TSI, a list of projects that are takingplace within its territory and which are at an advanced stage of development.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 152. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 7Non-application of the TSIs3. In all cases referred to in paragraph 1, the Member State concerned shall submit to theCommission the request for non-application of the TSI, also specifying the alternative provisionsthat the Member State intends to apply instead of the TSIs. The Commission shall by means ofimplementing acts establish the content of the file which shall accompany the request of non-application of one or more TSIs or parts of them, the details, the format and the transmissionmodalities of that file. Those implementing acts shall be adopted in accordance with theexamination procedure referred to in Article 48(3). The Commission shall check that file,analyse the alternative provisions that the Member State intends to apply instead of the TSIs,decide whether to accept or not the request of non-application of the TSI and inform theMember State of this decision.4. Pending the decision of the Commission, the Member State may apply the alternativeprovisions as referred to in paragraph 3 without delay.5. The Commission shall give its decision within four months of the submission of the requestsupported by the complete file. In the absence of such a decision, the request shall be deemedto have been accepted.6. All Member States shall be informed of the results of the analyses and of the outcome of theprocedure set out in paragraph 3 .Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 153. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)CHAPTER IIIINTEROPERABILITY CONSTITUENTSArticle 8Placing on the market of interoperability constituents1. Member States shall take all necessary steps to ensure that interoperability constituents:(a) are placed on the market only if they enable interoperability to be achieved within therail system while at the same time meeting the essential requirements;(b) are used in their area of use as intended and are suitably installed and maintained.These provisions shall not obstruct the placing on the market of these constituents for otherapplications.2. Member States may not, in their territory and on the basis of this Directive, prohibit, restrict orhinder the placing on the market of interoperability constituents for use in the rail system wherethey comply with this Directive. In particular, they may not require checks which have alreadybeen carried out as part of the procedure of EC declaration of conformity or suitability for use.The Commission shall establish, by means of implementing acts, the scope and the content ofthe EC declaration of conformity and suitability for use of interoperability constituents, its formatand the details of the information included in it. Those implementing acts shall be adopted inaccordance with the examination procedure referred to in Article 48(3).Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 154. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 9Conformity or suitability for use1. Member States and the Agency shall consider as being interoperable and meeting theessential requirements, those interoperability constituents which are covered by the ECdeclaration of conformity or suitability for use.2. All interoperability constituents shall be subject to the procedure for assessing conformity andsuitability for the use indicated in the relevant TSI and shall be accompanied by thecorresponding certificate.3. Member States and the Agency shall consider that an interoperability constituent meets theessential requirements if it complies with the conditions laid down by the corresponding TSI orthe corresponding European specifications developed to comply with these conditions.4. Spare parts for subsystems that are already placed in service when the corresponding TSIenters into force may be installed in these subsystems without being subject to the procedurereferred to in paragraph 2.5. TSIs may provide for a period of transition for rail products identified by those TSIs asinteroperability constituents which have already been placed on the market when the TSIs enterinto force. Such constituents shall satisfy the requirements of Article 8(1).Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 155. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 10Procedure for EC declaration of conformity or suitability for use1. In order to establish the EC declaration of conformity or suitability for use of aninteroperability constituent, the manufacturer or his authorised representative established intheUnion shall apply the provisions laid down by the relevant TSIs.2. Where the corresponding TSI so requires, assessment of the conformity or suitability for useof an interoperability constituent shall be carried out by the notified conformity assessmentbody with which the manufacturer or his authorised representative established in theUnion haslodged the application.3. Where interoperability constituents are the subject of otherUnion directives covering otheraspects, the EC declaration of conformity or suitability for use shall, in such cases, state thatthe interoperability constituents also meet the requirements of those other directives.4. Where neither the manufacturer nor his authorised representative has met the obligations laiddown in paragraphs 1 and 3, those obligations shall be incumbent on any person who placesinteroperability constituents on the market. The same obligations shall apply to any person whoassembles interoperability constituents or parts of interoperability constituents having diverseorigins or manufactures interoperability constituents for his own use, for the purposes of thisDirective.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 156. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 10Procedure for EC declaration of conformity or suitability for use5. In order to avoid that interoperability constituents non complying with essential requirementsare being placed on the market, and without prejudice to the provisions of Article 11:(a) in each instance where the Member State finds that the EC declaration of conformityhas been drawn up improperly, the manufacturer or his authorised representative established intheUnion shall be required, if necessary, to restore the interoperability constituent to a state ofconformity and to terminate the infringement under the conditions laid down by that MemberState;(b) where non-conformity persists, the Member State shall take all appropriate steps torestrict or prohibit the placing on the market of the interoperability constituent in question, or toensure that it is withdrawn from the market in accordance with the procedures provided for inArticle 11.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 157. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 11Non-compliance of interoperability constituents with essential requirements1. Where a Member State finds that an interoperability constituent covered by the ECdeclaration of conformity or suitability for use and placed on the market is unlikely, when used asintended, to meet the essential requirements, it shall take all necessary steps to restrict its fieldof application, prohibit its use,withdraw it from the market or recall it . The Member State shallforthwith inform the Commission and the other Member States of the measures taken and givethe reasons for its decision, stating in particular whether failure to conform is due to:(a) failure to meet the essential requirements;(b) incorrect application of European specifications where application of such specificationsis relied upon;(c) inadequacy of European specifications.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 158. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 11Non-compliance of interoperability constituents with essential requirements2. The Commission shall consult the parties concerned as quickly as possible. Where, followingthat consultation, the Commission establishes that the measure is justified it shall forthwithinform the Member State that has taken the initiativethereof. Where, after that consultation, theCommission establishes that the measure is unjustified it shall forthwith inform the MemberState that has taken the initiative and the manufacturer or his authorised representativeestablished within theUnion thereof.3. Where an interoperability constituent bearing the EC declaration of conformity fails to comply,the competent Member State shall take appropriate measures againstany person who hasdrawn up the declaration and shall inform the Commission and the other Member States thereof.4. The Commission shall ensure that the Member States are kept informed of the course andresults of that procedure.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 159. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 11Non-compliance of interoperability constituents with essential requirements2. The Commission shall consult the parties concerned as quickly as possible. Where, followingthat consultation, the Commission establishes that the measure is justified it shall forthwithinform the Member State that has taken the initiativethereof. Where, after that consultation, theCommission establishes that the measure is unjustified it shall forthwith inform the MemberState that has taken the initiative and the manufacturer or his authorised representativeestablished within theUnion thereof.3. Where an interoperability constituent bearing the EC declaration of conformity fails to comply,the competent Member State shall take appropriate measures againstany person who hasdrawn up the declaration and shall inform the Commission and the other Member States thereof.4. The Commission shall ensure that the Member States are kept informed of the course andresults of that procedure.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 160. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)CHAPTER IVSUBSYSTEMSArticle 12Free movement of subsystems1. Without prejudice to the provisions of Chapter V , Member States may not, in their territoryand on grounds relating to this Directive, prohibit, restrict or hinder the construction, placing inservice and operation of structural subsystems constituting the rail system which meet theessential requirements. In particular, they may not require checks which have already beencarried out:a) either as part of the procedure leading to the EC declaration of verification,b) or in other Member States, before or after the entry into force of this Directive, with a view toverifying compliance with identical requirements under identical operational conditions.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 161. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 13Conformity with TSIs and national rules1. Member States and the Agency shall consider as being interoperable and meeting theessential requirements, those structural subsystems constituting the rail system which arecovered by theEC declaration of verification.2. Verification of the interoperability, in accordance with the essential requirements, of astructural subsystem constituting the rail system shall be established by reference to TSIs, andnational rules notified in accordance with paragraph 3.3. Member States shall draw up, for each subsystem, a list of the national rules in use forimplementing the essential requirements in the following cases :(a) when the TSIs do not fully cover certain aspects corresponding to the essentialrequirements (open points);(b) when anon-application of one or more TSIs or parts of them has been notified underArticle 7;(c) when specific case requires the application of technical rules not included in the relevant TSI(d) in case of national rules used to describe existing systems.4. Member States shall designate the bodies responsible for establishing, in the case of thesetechnical regulations, the EC declaration of verification referred to in Article 15.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 162. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 14National rules1. Member States shall notify to the Commission the list of national rules referred to in Article13(3) either:a) each time the list of rulesis changed, orB) after a request for non-application of the TSI has beensubmitted in accordance with Article7, orc) after publication of the TSI concerned or its revision, in view of the removal of national rulesmade redundant by the closure of open points in the TSIs .2. Member States shall notify the full text of existing national rules to the Agency and theCommission through the appropriate IT system in accordance with article 23 of Regulation (EU)No …/… [Agency Regulation].3. Member States may lay down new national rules only in the following cases:(a) when a TSI does not fully meet the essential requirements;(b) as an urgent preventive measure, in particular following an accident.4. If a Member State intends to introduce a new national rule, it shall notify the draft to theAgency and the Commission through the appropriate IT system in accordance with Article 23 ofRegulation (EU) No …/… [Agency Regulation].Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 163. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 14National rules5. Member States shall ensure that national rules, including those covering the interfacesbetween vehicles and network, are made available free of charge and in a language that can beunderstood by all parties concerned.6. Member States may decide not to notify rules and restrictions of a strictly local nature. In suchcases, Member States shall mention these rules and restrictions in the infrastructure registersreferred to in Article 45.7. National rules notified under this Article are not subject to the notification procedure set out inDirective 98/34/EC.8. The Commission shall establish, by means of implementing acts, the classification of thenotified national rules in different groups with the aim of facilitating the compatibility checksbetween fixed and mobile equipment. Those implementing acts shall be adopted in accordancewith the examination procedure referred to in Article 48(3).The Agency shall classify in accordance with the implementing acts referred to in the firstsubparagraph the national rules which are notified in accordance with this Article.9. Draft national rules and national rules in force shall be examined by the Agency in accordancewith the procedures laid down in Articles 21 and 22 of Regulation (EU) No …/… [AgencyRegulation].Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 164. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 15Procedure for establishing the EC declaration of verification1. In order to establish the EC declaration of verification, the applicant shall ask the notifiedconformity assessment body that it has selected for that purpose to apply the EC verificationprocedure. The applicant may be the contracting entity or the manufacturer, or their authorisedrepresentative within the Union.2. The task of the notified conformity assessment body responsible for the EC verification of asubsystem shall begin at the design stage and cover the entire manufacturing period through tothe acceptance stage before the subsystem is placed in service. It may also cover verificationof the interfaces of the subsystem in question with the system into which it is incorporated,based on the information available in the relevant TSI and in the registers provided for inArticles 44 and 45.3. The notified conformity assessment body shall be responsible for compiling the technical filethat has to accompany the EC declaration of verification. This technical file shall contain all thenecessary documents relating to the characteristics of the subsystem and, where appropriate, allthe documents certifying conformity of the interoperability constituents. Itshall also contain allthe elements relating to the conditions and limits of use and to the instructions concerningservicing, constant or routine monitoring, adjustment and maintenance.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 165. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 15Procedure for establishing the EC declaration of verification4. Any amendment of the technical file referred to in paragraph 3 that has an impact on theverifications carried out implies the need to establish a new EC declaration of verification.5. The notified conformity assessment body may issue intermediate statement verifications tocover certain stages of the verification procedure or certain parts of the subsystem. In such acase, the verification procedures established in accordance with paragraph 7(a)shall apply.6. If the relevant TSIs allow, the notified conformity assessment body may issue certificates ofconformity for a series of subsystems or certain parts of those subsystems.7. The Commission shall establish, by means of implementing acts:the verification procedures for subsystems, including the general principles, the content,procedure and documents related to the EC verification procedure, and to the verificationprocedure in the case of national rules.the templates for the EC declaration of verification and for the declaration of verification in thecase of national rules and templates for documents of the technical file that has to accompanythe declaration of verification.Those implementing acts shall be adopted in accordance with the examination procedurereferred to Article 48(3).Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 166. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 16Non-compliance of subsystems with essential requirements1. Where a Member State finds that a structural subsystem covered by the EC declaration ofverification accompanied by the technical file does not fully comply with this Directive and inparticular does not meet the essential requirements, it may request that additional checks becarried out.2. The Member State making the request shall forthwith inform the Commission of any additionalchecks requested and set out the reasons therefor. The Commission shall consult the interestedparties.3. The Member State making the request shall state whether the failure to fully comply with thisDirective is due to:(a) non-compliance with the essential requirements or with a TSI, or incorrect application ofa TSI; in that case, the Commission shall forthwith inform the Member State where the personwho drew up the EC declaration of verification in error resides and shall request that MemberState to take the appropriate measures;(b) inadequacy of a TSI; in that case, the procedure for amending the TSI as referred to inArticle 6 shall apply.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 167. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 17Presumption of conformityInteroperability constituents and subsystems which are in conformity with harmonised standardsor parts thereof the references of which have been published in the Official Journal of the Unionshall be presumed to be in conformity with the essential requirements covered by thosestandards or parts thereof set out in Annex III.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 168. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)CHAPTER VPLACING ON THE MARKET AND PLACING IN SERVICEArticle 18Placing in service of fixed installations1. The trackside control-command and signalling, energy and infrastructure subsystems shallbe placed in service only if they are designed, constructed and installed in such a way as tomeet the essential requirements as set out in Annex III, and the relevant authorisation isreceived in accordance with paragraph 2.2. Each national safety authority shall authorise the placing in service of the energy andinfrastructure subsystems which are located or operated in the territory of its Member State.The Agency shall grant decisions authorising the placing in service of the trackside control-command and signalling subsystems located or operated throughout the Union.The Agency and the national safety authorities shall provide detailed guidance on how to obtainthe authorisations referred to in the first and second subparagraph. An application guidancedocument describing and explaining the requirements for those authorisations and listing therequired documents shall be made available to applicants free of charge. The Agency and thenational safety authorities shall cooperate in disseminating such information.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 169. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)CHAPTER VPLACING ON THE MARKET AND PLACING IN SERVICEArticle 18Placing in service of fixed installations3. In order to authorise the placing in service of the subsystems referred to in paragraph 1,the national safety authority or the Agency, depending on which is the competent authority as setout in paragraph 2, shall obtain proof of:a) the EC declaration of verification;b) the technical compatibility of these subsystems with the system into which they are beingintegrated, established on the basis of the relevant TSIs, national rules and registers;c) the safe integration of these subsystems, established on the basis of the relevant TSIs,national rules, registers, and the common safety methods set out in Article 6 of Directive…/…[on the safety of the rail system within the Union].Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 170. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)CHAPTER VPLACING ON THE MARKET AND PLACING IN SERVICEArticle 18Placing in service of fixed installations4. In the event of renewal or upgrading of existing subsystems, the applicant shall send to thenational safety authority (for energy and infrastructure subsystems) or the Agency (for tracksidecontrol-command and signalling subsystems), a file describing the project. The national safetyauthority or the Agency shall examine this file and shall decide, on the basis of the criteria setout in paragraph 5, whether a new authorisation for placing in service is needed. The nationalsafety authority and the Agency shall take their decisions within a pre‑ determined, reasonabletime, and, in any case, within four months from receipt of all relevant information.5. In the event of renewal or upgrading of existing subsystems, a new EC declaration ofverification shall be needed as set out in Article 15(4). In addition, a new authorisation for placingin service shall be required when:a) the overall safety level of the subsystem concerned may be adversely affected by the worksenvisaged; orb) it is required by the relevant TSIs; orc) it is required by the national implementation plans established by the Member States.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 171. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)CHAPTER VPLACING ON THE MARKET AND PLACING IN SERVICEArticle 18Placing in service of fixed installations4. In the event of renewal or upgrading of existing subsystems, the applicant shall send to thenational safety authority (for energy and infrastructure subsystems) or the Agency (for tracksidecontrol-command and signalling subsystems), a file describing the project. The national safetyauthority or the Agency shall examine this file and shall decide, on the basis of the criteria setout in paragraph 5, whether a new authorisation for placing in service is needed. The nationalsafety authority and the Agency shall take their decisions within a pre‑ determined, reasonabletime, and, in any case, within four months from receipt of all relevant information.5. In the event of renewal or upgrading of existing subsystems, a new EC declaration ofverification shall be needed as set out in Article 15(4). In addition, a new authorisation for placingin service shall be required when:a) the overall safety level of the subsystem concerned may be adversely affected by the worksenvisaged; orb) it is required by the relevant TSIs; orc) it is required by the national implementation plans established by the Member States.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 172. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 19Placing on the market of mobile subsystems1. The rolling stock subsystem and the on-board control-command and signalling subsystemshall be placed on the market by the applicant only if they are designed, constructed andinstalled in such a way as to meet the essential requirements as set out in Annex III.2. In particular, the applicant shall ensure that the EC declaration of verification has beenprovided.3. In the event of renewal or upgrading of existing subsystems, a new EC declaration ofverification shall be needed as set out in Article 15(4).Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 173. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 20Vehicle authorisation for placing on the market1. A vehicle shall be placed on the market only after having received the vehicle authorisationfor placing on the market issued by the Agency in accordance with paragraph 5.2. The Agency shall issue decisions granting vehicle authorisations for placing on the market.Those authorisations attest the values of the parameters relevant for checking the technicalcompatibility between the vehicle and the fixed installations as set out in the TSIs. The vehicleauthorisation for placing on the market shall also provide information about the vehicle’scompliance with the relevant TSIs and sets of national rules, related to these parameters.3. The vehicle authorisation for placing on the market may stipulate conditions for the use ofthe vehicle and other restrictions.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 174. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 20Vehicle authorisation for placing on the market4. The vehicle authorisation for placing on the market shall be issued on the basis of a file ofthe vehicle or type of vehicle produced by the applicant and including the documentary evidenceof:a) the placing on the market of the mobile subsystems composing the vehicle according toArticle 19;b) the technical compatibility of the subsystems referred to in point (a) within the vehicle,established on the basis of the relevant TSIs, national rules and registers;c) the safe integration of the subsystems referred to in point (a) within the vehicle, establishedon the basis of the relevant TSIs, national rules, and the common safety methods set out inArticle 6 of Directive …/… [on the safety of the rail system within the Union].5. The Agency shall take the decisions referred to in paragraph 2 within a pre‑ determined,reasonable time, and, in any case, within four months from receipt of all relevant information.These authorisations shall be valid in all Member States.The Agency shall provide detailed guidance on how to obtain the vehicle authorisation forplacing on the market. An application guidance document describing and explaining therequirements for the vehicle authorisation for placing on the market and listing the requireddocuments shall be made available to applicants free of charge. The national safetyauthorities shall cooperate with the Agency in disseminating such information.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 175. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 20Vehicle authorisation for placing on the market6. The Agency may issue vehicle authorisation for placing on the market for a series ofvehicles. Those authorisations shall be valid in all Member States.7. The applicant may bring an appeal before the Board of Appeal designated under Article 51of Regulation (EU) No …/… [establishing a European railway agency] against decisions of theAgency or its failure to act within the time limits referred to in paragraph 5.8. In the event of renewal or upgrading of existing vehicles which already have a vehicleauthorisation for placing on the market:a) a new EC declaration of verification shall be needed as set out in Article 15(4), andb) a new vehicle authorisation for placing on the market shall be required if any changes aremade to the values of the parameters included in the vehicle authorisation already granted.9. At the request of the applicant, the vehicle authorisation for placing on the market may includea clear indication of the networks or lines or groups of networks or lines where the railwayundertaking may place such a vehicle in service without further verifications, checks or testsconcerning the technical compatibility between the vehicle and these networks or lines. In thatcase, the applicant shall include in its request the proof of the technical compatibility of thevehicle with the networks or lines concerned.This indication may be also added, at the request of the original or another applicant,after the relevant authorisation for placing on the market has been issued.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 176. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 21Placing in service of vehicles1. Railway undertakings shall place in service a vehicle only after having checked, , inconsultation with the infrastructure manager, the technical compatibility between the vehicle andthe route and the safe integration of the vehicle into the system in which it is intended to operate,established on the basis of the relevant TSIs, national rules, registers, and the common safetymethods set out in Article 6 of Directive.To this aim, vehicles shall first receive the vehicle authorisation for placing on the market inaccordance with Article 20.2. The railway undertaking shall communicate its decisions with respect to the placing inservice of vehicles to the Agency, the infrastructure manager and the national safety authorityconcerned. These decisions shall be recorded in the national vehicle registers referred to inArticle 43.3. In the event of renewal or upgrading of existing vehicles, a new EC declaration ofverification shall be needed as set out in Article 15(4). In addition, a new decision taken by therailway undertaking for placing in service of these vehicles shall be required when:a) the overall safety level of the subsystem concerned may be adversely affected by the worksenvisaged, orb) it is required by the relevant TSIs.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 177. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 22Authorisation to place vehicle types on the market1. The Agency shall grant authorisationsto place vehicle types on the market .The Agency shall provide detailed guidance on how to obtain the authorisation to place vehicletypes on the market. An application guidance document describing and explaining therequirements for the authorisation to place vehicle types on the market and listing the requireddocuments shall be made available to applicants free of charge. The national safety authoritiesshall cooperate with the Agency in disseminating such information.2. However, if the Agency issues a vehicle authorisation for placing on the market, it shall atthe same time issue the authorisation to place the corresponding vehicle type on the market.3. A vehicle which is in conformity with a vehicle type for which an authorisation to place thecorresponding vehicle type on the market has been already issued shall, without further checks,receive a vehicle authorisation for placing on the market on the basis of a declaration ofconformity to this type submitted by the applicant.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 178. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 22Authorisation to place vehicle types on the market4. In the event of changes to any relevant provisions in TSIs or national rules, on the basis ofwhich an authorisation to place a vehicle type on the market has been issued, the TSI ornational rule shall determine whether the authorisation to place that vehicle type on the marketalready granted remains valid or needs to be renewed. If that authorisation needs to berenewed, the checks performed by the Agency may only concern the changed rules. Therenewal of the authorisation to place a vehicle type on the market does not affect vehicleauthorisations for placing on the market already issued on the basis of the previousauthorisation to place that vehicle type on the market.5. The declaration of conformity to type shall be established in accordance with Decision2010/713/EU .Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 179. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 22Authorisation to place vehicle types on the market6. The declaration of conformity to type shall be established in accordance with:(a) for TSI-conform vehicles, the verification procedures of the relevant TSIs;(b) for non-TSI-conform vehicles, the conformity assessment procedures as defined inmodules B+D and B+F of Decision 768/2008/EC. Where appropriate, the Commission mayadopt implementing acts establishing ad hoc modules for conformity assessment. Thoseimplementing acts shall be adopted in accordance with the examination procedure referred to inArticle 48(3).7. The authorisation to place vehicle types on the marketshall be registered in the Europeanregister of authorisations to place a vehicle types on the market referred to in Article 44.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 180. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (5)CHAPTER VINOTIFICATION OF CONFORMITY ASSESMENT BODIESArticle 23NotificationMember States shall notify the Commission and the other Member States of bodies authorisedto carry out third-party conformity assessment tasks under this Directive.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 181. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 24Notifying authorities1. Member States shall designate a notifying authority that shall be responsible for setting upand carrying out the necessary procedures for the assessment and notification of conformityassessment bodies and the monitoring of notified conformity assessment bodies, includingcompliance with the provisions of Articles 27 to 29.2. Member States may decide that the assessment and monitoring referred to in paragraph 1shall be carried out by a national accreditation body within the meaning of and in accordancewith Regulation (EC) No 765/2008.3. Where the notifying authority delegates or otherwise entrusts the assessment, notification ormonitoring referred to in paragraph 1 to a body which is not a governmental entity, that bodyshall be a legal entity and shall comply with the requirements laid down in Article 25. It shall putin place arrangements to cover liabilities arising out of its activities.4. The notifying authority shall take full responsibility for the tasks performed by the bodyreferred to in paragraph 3.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 182. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 25Requirements relating to notifying authorities1. A notifying authority shall be established in such a way that no conflict of interest withconformity assessment bodies occurs.2. A notifying authority shall be organised and operated so as to safeguard the objectivity andimpartiality of its activities.3. A notifying authority shall be organised in such a way that each decision relating to notificationof a conformity assessment body is taken by competent persons different from those whocarried out the assessment.4. A notifying authority shall not offer or provide any activities that are performed by conformityassessment bodies or consultancy services on a commercial or competitive basis.5. A notifying authority shall safeguard the confidentiality of the information it obtains.6. A notifying authority shall have a sufficient number of competent personnel at its disposal forthe proper performance of its tasks.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 183. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 26Information obligation on notifying authoritiesMember States shall inform the Commission of their procedures for the assessment andnotification of conformity assessment bodies and the monitoring of notified bodies, and of anychanges thereto.The Commission shall make that information publicly available.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 184. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 27Requirements relating to conformity assessment bodies1. For the purposes of notification, a conformity assessment body shall meet the requirementslaid down in paragraphs 2 to 7 and in Articles 28 and 29. These requirements are also applicableto bodies designated by Member States pursuant to Article 13(4).2. A conformity assessment body shall be established under national law and have legalpersonality.3. A conformity assessment body shall be capable of carrying out all the conformity assessmenttasks assigned to it by the relevant TSI and in relation to which it has been notified, whetherthose tasks are carried out by the conformity assessment body itself or on its behalf and underits responsibility.At all times and for each conformity assessment procedure and each kind or category ofproducts in relation to which it has been notified, a conformity assessment body shall have at itsdisposal :(a) the necessary personnel with technical knowledge and sufficient and appropriate experienceto perform the conformity assessment tasks;(b) the relevant descriptions of procedures in accordance with which conformity assessment iscarried out, ensuring the transparency and the ability of reproduction of those procedures. Itshall have appropriate policies and procedures in place that distinguish between tasks it carriesout as a notified conformity assessment body and other activities;Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 185. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 27Requirements relating to conformity assessment bodies3. (continued)(c) the proper procedures for the performance of activities which take due account of the size ofan undertaking, the sector in which it operates, its structure, the degree of complexity of theproduct technology in question and the mass or serial nature of the production process.It shall have the means necessary to perform the technical and administrative tasks connectedwith the conformity assessment activities in an appropriate manner and shall have access to allnecessary equipment or facilities.4. Conformity assessment bodies shall take out liability insurance unless liability is assumed bythe State in accordance with national law, or the Member State itself is directly responsible forthe conformity assessment.5. The personnel of a conformity assessment body shall observe professional secrecy withregard to all information obtained in carrying out their tasks under the relevant TSI or anyprovision of national law giving effect to it, except in relation to the competent authorities of theMember State in which its activities are carried out. Proprietary rights shall be protected.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 186. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 27Requirements relating to conformity assessment bodies6. Conformity assessment bodies shall participate in, or ensure that their assessment personnelare informed of, the relevant standardisation activities and the activities of the notified conformityassessment bodies coordination group established under the relevant Unions legislation andapply as general guidance the administrative decisions and documents produced as a result ofthe work of that group.7. Conformity assessment bodies shall participate in, or shall ensure that their assessmentpersonnel are informed of, the activities of the ERTMS ad hoc working group set out in Article 25of Regulation (EU) No …/… [establishing a European railway agency]. They shall follow theguidelines produced as a result of the work of that group. In case they consider it inappropriateor impossible to apply them, the conformity assessment bodies concerned shall submit theirobservations for discussion to the ERTMS ad hoc working group for the continuous improvementof the guidelines.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 187. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 28Impartiality of conformity assessment bodies1. A conformity assessment body shall be a third-party body independent from the organisationor from the manufacturer of the product it assesses.A body belonging to a business association or professional federation representing undertakingsinvolved in the design, manufacturing, provision, assembly, use or maintenance of productswhich it assesses, may, on condition that its independence and the absence of any conflict ofinterest are demonstrated, be considered such a body.2. The impartiality of the conformity assessment bodies, their top level management and of theassessment personnel shall be guaranteed.3. A conformity assessment body, its top level management and the personnel responsible forcarrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier,installer, purchaser, owner, user or maintainer of the products which they assess, nor theauthorised representative of any of those parties. This shall not preclude the use of assessedproducts that are necessary for the operations of the conformity assessment body or the use ofsuch products for personal purposes.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 188. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 28Impartiality of conformity assessment bodies4. A conformity assessment body, its top level management and the personnel responsible forcarrying out the conformity assessment tasks shall not be directly involved in the design,manufacture or construction, the marketing, installation, use or maintenance of those products,or represent the parties engaged in those activities. They shall not engage in any activity thatmay conflict with their independence of judgement or integrity in relation to conformityassessment activities for which they are notified. This shall in particular apply to consultancyservices.5. Conformity assessment bodies shall ensure that the activities of their subsidiaries orsubcontractors do not affect the confidentiality, objectivity or impartiality of their conformityassessment activities.6. Conformity assessment bodies and their personnel shall carry out the conformity assessmentactivities with the highest degree of professional integrity and the requisite technical competencein the specific field and shall be free from all pressures and inducements, particularly financial,which might influence their judgement or the results of their conformity assessment activities,especially as regards persons or groups of persons with an interest in the results of thoseactivities.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 189. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 29Personnel of conformity assessment bodies1. The personnel responsible for carrying out conformity assessment activities shall have thefollowing skills:(a) sound technical and vocational training covering all the conformity assessment activities inrelation to which the conformity assessment body has been notified;(b) satisfactory knowledge of the requirements of the assessments they carry out and adequateauthority to carry out those assessments;(c) appropriate knowledge and understanding of the essential requirements, of the applicableharmonised standards and of the relevant provisions of Unions legislation and of itsimplementing regulations;(d) the ability to draw up certificates, records and reports demonstrating that assessments havebeen carried out.2. The remuneration of the top level management and assessment personnel of a conformityassessment body shall not depend on the number of assessments carried out or on the resultsof those assessments.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 190. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 30Presumption of conformity of a conformity assesment bodyWhere a conformity assessment body demonstrates its conformity with the criteria laid down inthe relevant harmonised standards or parts thereof the references of which have been publishedin the Official Journal of the European Union, it shall be presumed to comply with therequirements set out in Articles 27 to 29, in so far as the applicable harmonised standards coverthose requirements.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 191. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 31Subsidiaries of and subcontracting by conformity asssessment bodies1. Where a notified conformity assessment body subcontracts specific tasks connected withconformity assessment or has recourse to a subsidiary, it shall ensure that the subcontractor orthe subsidiary meets the requirements set out in Articles 27 to 29 and shall inform the notifyingauthority accordingly.2. Notified bodies shall take full responsibility for the tasks performed by subcontractors orsubsidiaries wherever these are established.3. Activities of notified bodies may be subcontracted or carried out by a subsidiary only with theagreement of the client.4. Notified bodies shall keep at the disposal of the notifying authority the relevant documentsconcerning the assessment of the qualifications of the subcontractor or the subsidiary and thework carried out by them under the relevant TSI.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 192. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 32Accredited in-house bodies1. The applicant undertaking may use an accredited in-house body to carry out conformityassessment activities for the purpose of implementing the procedures set out in modules A1, A2,C1 or C2 defined in Annex II to Decision 768/2008/EC and modules CA1, and CA2 defined inAnnex I to Decision 2010/713/EC. That body shall constitute a separate and distinct part of theapplicant undertaking and shall not participate in the design, production, supply, installation, useor maintenance of the products it assesses.2. An accredited in-house body shall meet the following requirements:(a) it shall be accredited in accordance with Regulation (EC) No 765/2008;(b) the body and its personnel shall be organisationally identifiable and have reporting methodswithin the undertaking of which they form a part which ensure their impartiality and demonstrateit to the relevant national accreditation body;(c) neither the body nor its personnel shall be responsible for the design, manufacture, supply,installation, operation or maintenance of the products they assess nor shall they engage in anyactivity that might conflict with their independence of judgment or integrity in relation to theirassessment activities;(d) the body shall supply its services exclusively to the undertaking of which it forms a part.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 193. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 32Accredited in-house bodies3. An accredited in-house body shall not be notified to the Member States or the Commission,but information concerning its accreditation shall be given by the undertaking of which it forms apart or by the national accreditation body to the notifying authority at the request of that authority.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 194. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 33Application for notification1. A conformity assessment body shall submit an application for notification to the notifyingauthority of the Member State in which it is established.2. That application shall be accompanied by a description of the conformity assessmentactivities, the conformity assessment module or modules and the product or products for whichthat body claims to be competent, as well as by an accreditation certificate, where one exists,issued by a national accreditation body attesting that the conformity assessment body fulfils therequirements laid down in Articles 27 to 29.3. Where the conformity assessment body concerned cannot provide an accreditation certificate,it shall provide the notifying authority with all the documentary evidence necessary for theverification, recognition and regular monitoring of its compliance with the requirements laid downin Articles 27 to 29.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 195. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 34Notification procedure1. Notifying authorities may notify only conformity assessment bodies which comply with therequirements laid down in Articles 27 to 29.2. They shall notify the Commission and the other Member States using the electronicnotification tool developed and managed by the Commission.3. The notification shall include full details of the conformity assessment activities, the conformityassessment module or modules and product or products concerned and the relevant attestationof competence.4. Where a notification is not based on an accreditation certificate as referred to in Article 33(2),the notifying authority shall provide the Commission and the other Member States withdocumentary evidence which attests to the conformity assessment body’s competence and thearrangements in place to ensure that that body will be monitored regularly and will continue tosatisfy the requirements laid down in Articles 27 to 29.5. The body concerned may perform the activities of a notified conformity assessment body onlywhere no objections are raised by the Commission or the other Member States within two weeksof a notification where an accreditation certificate is used or within two months of a notificationwhere accreditation is not used.6. The Commission and the other Member States shall be notified of anysubsequent relevant changes to the notification.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 196. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 35Identification numbers and lists of notified conformity assessment bodies1. The Commission shall assign an identification number to a notified conformity assessmentbody.A notified conformity assessment body shall be assigned a single identification number evenwhere it is notified under several Union acts.2. The Commission shall make publicly available the list of the bodies notified under thisDirective, including the identification numbers that have been allocated to them and the activitiesfor which they have been notified.The Commission shall ensure that that list is kept up to date.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 197. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 36Changes to notifications1. Where a notifying authority has ascertained or has been informed that a notified conformityassessment body no longer meets the requirements laid down in Articles 27 to 29, or that it isfailing to fulfil its obligations, the notifying authority shall restrict, suspend or withdraw notificationas appropriate, depending on the seriousness of the failure to meet those requirements or fulfilthose obligations. It shall immediately inform the Commission and the other Member Statesaccordingly.2. In the event of restriction, suspension or withdrawal of notification, or where the notifiedconformity assessment body has ceased its activity, the notifying Member State shall takeappropriate steps to ensure that the files of that body are either processed by another notifiedconformity assessment body or kept available for the responsible notifying and marketsurveillance authorities at their request.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 198. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 37Challenge of the competence of notified bodies1. The Commission shall investigate all cases where it doubts, or doubt is brought to itsattention, regarding the competence of a notified conformity assessment body or the continuedfulfilment by a notified conformity assessment body of the requirements and responsibilities towhich it is subject.2. The notifying Member State shall provide the Commission, on request, with all informationrelating to the basis for the notification or the maintenance of the competence of the bodyconcerned.3. The Commission shall ensure that all sensitive information obtained in the course of itsinvestigations is treated confidentially.4. Where the Commission ascertains that a notified conformity assessment body does not meetor no longer meets the requirements for its notification, it shall inform the notifying Member Stateaccordingly and request it to take the necessary corrective measures, including withdrawal ofnotification if necessary.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 199. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 38Operational obligations of notified bodies1. Notified bodies shall carry out conformity assessments in accordance with the conformityassessment procedures provided for in the relevant TSI.2. Conformity assessments shall be carried out in a proportionate manner, avoiding unnecessaryburdens for economic operators. Conformity assessment bodies shall perform their activitiestaking due account of the size of an undertaking, the sector in which it operates, its structure, thedegree of complexity of the product technology in question and the mass or serial nature of theproduction process.In so doing they shall nevertheless operate with the aim of assessing the compliance of theproduct with the provisions of this Directive.3. Where a notified conformity assessment body finds that requirements laid down in therelevant TSI or corresponding harmonised standards or technical specifications have not beenmet by a manufacturer, it shall require that manufacturer to take appropriate correctivemeasures and shall not issue a conformity certificate.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 200. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 38Operational obligations of notified bodies4. Where, in the course of the monitoring of conformity following the issue of a certificate, anotified conformity assessment body finds that a product no longer complies with the relevantTSI or corresponding harmonised standards or technical specifications, it shall require themanufacturer to take appropriate corrective measures and shall suspend or withdraw thecertificate if necessary.5. Where corrective measures are not taken or do not have the required effect, the notifiedconformity assessment body shall restrict, suspend or withdraw any certificates, as appropriate.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 201. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 39Information obligation on notified bodies1. Notified bodies shall inform the notifying authority of the following:(a) any refusal, restriction, suspension or withdrawal of a certificate;(b) any circumstances affecting the scope of and conditions for notification;(c) any request for information which they have received from market surveillance authoritiesregarding conformity assessment activities;(d) on request, conformity assessment activities performed within the scope of their notificationand any other activity performed, including cross-border activities and subcontracting.2. Notified bodies shall provide the other bodies notified under this Directive carrying out similarconformity assessment activities covering the same products with relevant information on issuesrelating to negative and, on request, positive conformity assessment results.3. Notified bodies shall provide to the Agency the EC certificates of verification of subsystems,the EC certificates of conformity of interoperability constituents and the EC certificates ofsuitability of use of interoperability constituents.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 202. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 40Exchange of experienceThe Commission shall provide for the organisation of exchange of experience between theMember States’ national authorities responsible for notification policy.Article 41Coordination of notified bodiesThe Commission shall ensure that appropriate coordination and cooperation between bodiesnotified under this Directive are put in place and properly operated in the form of a sectoralgroup of notified bodies. The Agency shall support the activities of notified bodies in accordancewith Article 20 of Regulation (EU) No …/… [establishing a European railway agency].Member States shall ensure that the bodies notified by them participate in the work of thatgroup, directly or by means of designated representatives.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 203. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)CHAPTER VIIREGISTERSArticle 42Vehicle numbering system1. Any vehicle placed in service in theUnion’s rail system shall carry a European vehicle number(EVN) assigned by the national safety authority competent for the relevant territory before thefirst placing in service of the vehicle .The railway undertaking operating a vehicle shall ensure the vehicle is marked with the assignedEVN.3. The EVN is specified in Decision 2007/756/EC .4. A vehicle shall be assigned an EVN only once, unless otherwise specified in Decision2007/756/EC.5. Notwithstanding paragraph 1, in the case of vehicles operated or intended to be operatedfrom or to third countries the track gauge of which is different from that of the main rail networkwithin the Union, Member States may accept vehicles clearly identified according to a differentcoding system.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 204. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 43National vehicle registers1. Each Member State shall keep a register of the vehicles placed in service in its territory.This register shall meet the following criteria:(a) it shall comply with the common specifications referred to in paragraph 2;(b) it shall be kept updated by a body independent of any railway undertaking;(c) it shall be accessible to the national safety authorities and investigating bodiesdesignated in Articles 16 and 21 of Directive […/… on the safety of the rail system within theUnion] ; it shall also be made accessible, in response to any legitimate request, to theregulatory bodies designated in Articles 55 and 56 of Directive 2012/34/EU of the EuropeanParliament and of the Council of 21 November 2012 establishing a single European railwayarea, and to the Agency, the railway undertakings and the infrastructure managers, as well asthose persons or organisations registering vehicles or identified in the register.2. The Commission shall adopt common specifications on content, data format, functional andtechnical architecture, operating mode, including arrangements for the exchange of data, andrules for data input and consultation for the national vehicle registers by means of implementingacts. Those implementing acts shall be adopted in accordance with the examination procedurereferred to in Article 48(3)Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 205. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 43National vehicle registers3. The registration holder shall immediately declare any modification to the data entered in thenational vehicle register, the destruction of a vehicle or its decision to no longer register avehicle, to the national safety authority of any Member State where the vehicle has beenplaced in service.4. As long as Member States’ national vehicle registers are not linked, each Member State shallupdate its register with the modifications made by another Member State in its own register, asregards the data with which it is concerned.5. In the case of vehicles placed in service for the first time in a third country and subsequentlyplaced in service in a Member State, that Member State shall ensure that the vehicle datacanbe retrieved through the national vehicle register or through provisions of an internationalagreement.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 206. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 44European register of authorisation to place vehicle types on the market1. The Agency shall set up and keep a register of authorisations to place vehicle types on themarket issued in accordance with Article 22 . This register shall meet the following criteria:(a) it shall be public and electronically accessible;(b) it shall comply with the common specifications referred to in paragraph 3;(c) it shall be linked with all national vehicle registers.2. The Commission shall adopt common specifications relating to content, data format,functional and technical architecture, operating mode and rules for data input and consultationfor the register of authorisations to place vehicle types on the market by means of implementingacts. Those implementing acts shall be adopted in accordance with the examination procedurereferred to in Article 48(3).Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 207. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 45Register of infrastructure1. Each Member State shall publish a register of infrastructure stating the values of thenetwork parameters of each subsystem or part of subsystem concerned.2. The values of the parameters recorded in the register of infrastructure shall be used incombination with the values of the parameters recorded in the vehicle authorisation for placingon the market to check the technical compatibility between vehicle and network.3. The register of infrastructure may stipulate conditions for the use of fixed installations andother restrictions.4. Each Member State shall update the register of infrastructure in accordance withCommission Decision 2011/633/EU.5. Other registers, such as a register on accessibility, may also be associated to the register ofinfrastructure.6. The Commissionshall adopt common specifications relating to content, data format,functional and technical architecture, operating mode and rules for data input and consultationfor the register of infrastructure by means of implementing acts. Those implementing acts shallbe adopted in accordance with the examination procedure referred to in Article 48(3)Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 208. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)CHAPTER VIIITRANSITIONAL AND FINAL PROVISIONSArticle 46Exercise of delegation1. The power to adopt delegated acts is conferred on the Commission subject to theconditions laid down in this Article.2. The power to adopt delegated acts referred to in Articles 4(2) and 5(3) shall be conferred onthe Commission for an indeterminate period of time from the date of entry into force of thisDirective.3. The delegation of power referred to in Articles 4(2) and 5(3) may be revoked at any time bythe European Parliament or by the Council. A decision of revocation shall put an end to thedelegation of the power specified in that decision. It shall take effect the day following thepublication of the decision in the Official Journal of the European Union or at a later datespecified therein. It shall not affect the validity of any delegated acts already in force.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 209. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)CHAPTER VIIITRANSITIONAL AND FINAL PROVISIONSArticle 46Exercise of delegation4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to theEuropean Parliament and to the Council.5. A delegated act adopted pursuant to Articles 4(2) and 5(3) shall enter into force only if noobjection has been expressed either by the European Parliament or the Council within a periodof two months of notification of that act to the European Parliament and the Council or if, beforethe expiry of that period, the European Parliament and the Council have both informed theCommission that they will not object. That period shall be extended by two months at theinitiative of the European Parliament or of the Council.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 210. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 47Urgency procedure1. Delegated acts adopted under this Article shall enter into force without delay and shall applyas long as no objection is expressed in accordance with paragraph 2. The notification of adelegated act to the European Parliament and to the Council shall state the reasons for the useof the urgency procedure.2. Either the European Parliament or the Council may object to a delegated act in accordancewith the procedure referred to in Article 46(5). In such a case, the Commission shall repeal theact without delay following the notification of the decision to object by the European Parliamentor the Council.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 211. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 50Reports and information1. Every three years and for the first time three years after the publication of this Directive, theCommission shall report to the European Parliament and the Council on the progress madetowards achieving interoperability of the rail system. That report shall also include an analysis ofthe cases set out in Article 7 and of the application of Chapter V .2. The Agency shall develop and regularly update a tool capable of providing, at the request of aMember State or the Commission, an overview of the interoperability level of the rail system.That tool shall use the information included in the registers provided for in Chapter VII .Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 212. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Article 51Transitional regime for placing in service of vehicles1. Member States may continue to apply the provisions set out in Chapter V of Directive2008/57/EC until [two years after the date of entry into force].2. Authorisations for placing in service of vehicles which have been granted pursuant toparagraph 1, including authorisations delivered under international agreements, in particular RIC(Regolamento Internazionale Carrozze) and RIV (Regolamento Internazionale Veicoli), shallremain valid in accordance with the conditions under which the authorisations have beengranted.3. Vehicles authorised for placing in service pursuant to paragraphs 1 and 2, have to receive avehicle authorisation for placing on the market in order to operate on one or more networks notcovered by their authorisation. The placing in service on these additional networks is subject tothe provisions of Article 21.Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 213. Club FeroviarMay 10, 2013, Bucharest7. 4th Railway Package - excerpts (6)Annexes:ANNEX I - Elements of Union rail system1. Network2. VehiclesANNEX II - SUBSYSTEMS1. List of subsystems2. Description of the subsystemsANNEX III - ESSENTIAL REQUIREMENTS1. General requirements2. Requirements specific to each subsystemANNEX IVPART A - Repealed Directives with list of the successive amendments thereto (referred to inArticle 55)PART B - Time limits for transposition into national law (referred to in Article 55)ANNEX V - CORRELATION TABLEProposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on theinteroperability of the rail system within the European Union (Recast)
  • 214. Thank you!Club FeroviarMay 10, 2013, Bucharest*stefan.roseanu@clubferoviar.ro