[ParlTrack]

Proposal for a directive
Article 4 – paragraph 1

1. Member States and the Agency shall ensure, each in their respective fields of responsibilities, that railway safety is ~~generally~~ maintained and, where ~~reasonably~~ practicable, continuously improved, taking into consideration the development of Union legislation and technical and scientific progress and giving priority to the prevention of serious accidents. Member States and the Agency shall ensure that safety rules are laid down, applied and enforced in an open and non- discriminatory manner, fostering the development of a single European rail transport system.

2013/09/19
Committee: TRAN

Luis de GRANDES PASCUAL

Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1 – introductory part

Member States and the Agency shall ensure that the responsibility for the safe operation of the rail system and the control of risks associated with it is laid upon the infrastructure managers and railway undertakings, obliging them:

2013/09/19
Committee: TRAN

Luis de GRANDES PASCUAL

Proposal for a directive
Article 10

1. Access to the railway infrastructure shall be granted only to railway undertakings which hold the single safety certificate. 2. The single safety certificate shall be granted by the Agency on the basis of the evidence that the railway undertaking has established its safety management system in accordance with Article 9 and meets the requirements laid down in TSIs and in other relevant legislation in order to control risks and provide transport services safely on the network. 3. The single safety certificate shall specify the type and extent of the railway operations covered. It shall be valid throughout the Union for equivalent operations. 4. Three months before the start of operation of any new service, the railway undertaking shall notify to the relevant national safety authority the documentation confirming that: (a) the railway undertaking will follow the operating rules, including national rules made available to them in accordance with Article 8(4), and assess the safety of their operation, taking into account the requirements in Commission Regulation (EC) No 352/20091 and ensuring that they are managing all risks through their safety management system and that they are making all necessary arrangements to operate safely; (b) the railway undertaking has made the arrangements necessary for cooperation and coordination 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 the service; (d) the railway undertaking has a licence issued in accordance with Council 1 Directive 95/18/EC1; (e) the type and extent of its intended operation corresponds to that specified in its single safety certificate. If the national safety authority has doubts concerning the fulfilment of one or more conditions it shall request more information from the railway undertaking. However, this exchange may not have any suspensive or delaying effect on the start of operation. If the national safety authority finds 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 at intervals not exceeding five years. It shall be wholly or partly updated whenever the type or extent of the operation is substantially altered. The holder of the single safety certificate shall inform the Agency without delay of any major changes in the conditions of the single safety certificate. It shall furthermore notify the Agency whenever new categories of staff or new types of rolling stock are introduced. The Agency may require that the single safety certificate be revised following substantial changes to the safety regulatory framework. 6. If a national safety authority finds that a holder of a single safety certificate no longer satisfies the conditions for 1 OJ L 143, 27.6.1995, p. 70. certification, it shall ask the Agency to revoke it. The Agency may revoke the single safety certificate, giving reasons for its decision. The Agency shall immediately inform all the 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 the railway undertaking, the issue date, the scope and validity of the certificate and, in the case of revocation, the reasons for its decision. 8. The Agency shall continuously monitor the effectiveness of the measures for the issuing of single safety certificates and supervision by national safety authorities and, where appropriate, shall make recommendations to the Commission for improvement. These may include a recommendation for a CSM covering a process of the safety management system which needs to be harmonised at Union level, as referred to in Article 6(1)(d). Article 10 Article 10 Single safety certificate Single safety certificate 1. Access to the railway infrastructure shall be granted only to railway undertakings which hold the single safety certificate issued by the Agency or by a national safety authority. The purpose of the single safety certificate is to provide evidence that the railway undertaking has established its safety management system and is able to operate safely in the intended area of operation. 2. In its application for a single safety certificate, the applicant shall specify the type and extent of the railway operations covered and the intended area of operation. The application shall be accompanied by a file including the documentary evidence that the railway undertaking has established its safety management system in accordance with Article 9 and meets the requirements laid down in the relevant legislation in order to control risks and provide transport services safely on the network. 3. Within one month of the receipt of the request of the applicant, the Agency shall inform the applicant that the file is complete or ask for relevant complementary information, setting a reasonable deadline. 4. The Agency or the national safety authority shall issue the safety certificate within four months from receipt of all relevant information. OJ L 108, 29.4.2009, p. 4. 5. The Agency shall issue a single safety certificate to railway undertakings having an area of operation in one or more Member State(s). In order to issue such certification, the Agency shall assess the file accompanying the application and refer the entire applicant's file to the national safety authorities concerned by the intended area of operation for assessing the ability to comply with the relevant national rules, including those notified under article 14 of Directive .../... (Interoperability Directive). In its assessment, the Agency shall take full account of the assessment of the concerned national safety authorities. The Agency shall take full responsibility for the certifications it issues. 6. When the Agency disagrees with an assessment carried out by one or more national safety authorities, they shall cooperate with a view to reaching a mutually acceptable assessment. If no mutually acceptable assessment can be found within one month after the Agency has informed the national safety authority or authorities of its disagreement, the Agency shall take its final decision unless the national safety authority or authorities have referred the matter for arbitration to the Board of Appeal established under Article 51 of Regulation (EU) No .../...(Agency Regulation). 7. Where the area of operation is limited to one Member State, the national safety authority of that Member State may, under its own responsibility and when the applicant so requests, issue a single safety certificate after the assessment of the applicant's file. The national safety authority shall take full responsibility for the safety certificates it issues. 8. Safety certificates shall specify the type and extent of the railway operations covered and the area of operation. The safety certificate may also cover sidings owned by the railway undertaking if they are included in its safety management system. In this case, no additional safety authorisation shall be necessary for the sidings concerned. 9. Any decision refusing the issuing of a safety certificate shall be duly justified. The applicant may, within a period of one month from receipt of the negative decision, request that the Agency or the national safety authority, as appropriate, review the decision. The Agency or the national safety authority shall have two months from the date of receipt of the request for review to confirm or reverse its decision. 10. If the negative decision of the Agency is confirmed, the applicant may bring an appeal before the Board of Appeal designated under Article 51 of Regulation (EU) No .../... (Agency Regulation). If the negative decision of a national safety authority is confirmed, the applicant may bring an appeal to the appeal body designated by the competent Member State. Member States may designate the regulatory body set out in Article 56 of Directive 2012/34/EU establishing a single European railway area for the purpose of this appeal procedure. 11. The single safety certificate issued either by the Agency or by a national safety authority under this Article, shall be renewed upon application by the railway undertaking at intervals not exceeding five years. It shall be fully or partly updated whenever the type or extent of the operation is substantially altered. 12. Where the applicant already has a safety certificate and wishes to extend its area of operations to another Member State, it shall complement the file with the relevant documents concerning the additional area of operation. The applicant shall submit the file to the Agency, which shall, after the assessment, issue an updated certificate covering the extended area of operation. In this case, only the national safety authority concerned by the extension of operation will be consulted for assessing the file. The Agency shall only assess the file concerning the additional area of operation. 13. The Agency and the competent national safety authorities may require the revision of relevant single safety certificates following substantial changes to the safety regulatory framework. 14. The Agency shall inform the relevant national safety authorities without delay, and in any case within one month, of the issue of a single safety certificate. The Agency shall inform the relevant national safety authorities immediately in the case of renewal, amendment or revocation of a single safety certificate. It shall state the name and address of the railway undertaking, the issue date, the scope, validity and area of operation of the certificate and, in the case of revocation, the reasons for its decision. In the case of certificates issued by the national safety authorities, the same information shall be provided to the Agency.

2013/09/19
Committee: TRAN

Luis de GRANDES PASCUAL

Proposal for a directive
Article 11 – title

~~Applications for~~Cooperation between the Agency and national safety authorities for issuing single safety certificates and for supervision

2013/09/19
Committee: TRAN

Luis de GRANDES PASCUAL

Proposal for a directive
Article 11 – paragraph 1

1. Applications for single safety certificates shall be submitted to the Agency. The Agency shall take a decision on an application without delay and in any event not more than four months after all required information and any supplementary information requested by the Agency has been submitted. If the applicant is requested to submit supplementary information, such information shall be submitted promptlyFor the purpose of implementing the provisions on the single safety certificate, the Agency and the national safety authorities shall conclude cooperation agreements with national safety authorities in accordance with Article 69 of Regulation .../... [Agency Regulation]. These agreements could be specific or framework agreements, and involve one or more national safety authorities. These agreements shall contain a specified description of tasks and conditions for deliverables, the time-limits applying to their delivery, the apportioning of the fees paid by the applicant. They may also include specific cooperation arrangements in the case of networks requiring specific expertise due to geographical or historical reasons, including networks which are isolated from the rest of the Union, with a view to reducing administrative burden and costs to the applicant. These agreements shall be in place before the Agency is entitled to receive applications in accordance with this Directive, and in any case by three years following the date of entry into force of this Directive at the latest.

2013/09/19
Committee: TRAN

Luis de GRANDES PASCUAL

Proposal for a directive
Article 11 – paragraph 2

2. The Agency shall provide detailed guidance on how to obtain the single safety certificate. It shall list all requirements that have been laid down for the purpose of Article 10(2) and shall publish all relevant documents.deleted

2013/09/19
Committee: TRAN

Luis de GRANDES PASCUAL

Proposal for a directive
Article 11 – paragraph 3

3. An application guidance document describing and explaining the requirements for the single safety certificates and listing the required documents shall be made available to applicants free of charge. The national safety authorities shall cooperate with the Agency in disseminating such information.deleted

2013/09/19
Committee: TRAN

Luis de GRANDES PASCUAL

Proposal for a directive
Article 12 – paragraph 3

3. The national safety authority shall take a decision on an application for safety authorisation without delay and in any event not more than four months after all the information required and any supplementary information requested has been submitted. Negative decisions shall be duly justified. If the national safety authority has doubts concerning the fulfilment of one or more conditions it shall request more information from the railway undertaking within one month after the receipt of the application for a single safety certificate. Information requested shall be supplied within a reasonable period set by the National Safety Authority that shall not exceed one month, unless, in exceptional circumstances, the National Safety Authority agrees to, and authorises, a time-limited extension, which shall not exceed two additional weeks.

2013/09/19
Committee: TRAN

Luis de GRANDES PASCUAL

Proposal for a directive
Article 14 – paragraph 7 – subparagraph 1

TBased on the Agency's recommendation, the Commission shall, by means of implementing acts, adopt common conditions for certification of the entity in charge of maintenance for all vehicles by 24 December 2016.

2013/09/19
Committee: TRAN

Luis de GRANDES PASCUAL

Proposal for a directive
Article 16 – paragraph 1

1. Each Member State shall establish a safety authority. This authority shall be independent in its organisation, legal structure and decision making from any railway undertaking, infrastructure manager, and applicant ~~and procurement entity~~. Provided that this independence is guaranteed, the authority may be a department in the ministry responsible for transport.

2013/09/19
Committee: TRAN

Luis de GRANDES PASCUAL

Proposal for a directive
Article 16 – paragraph 2 – point a

(a) authorising the placing in service of the trackside control-command and signalling, energy and infrastructure subsystems constituting the rail system in accordance with Article 18(2) of Directive XX on interoperability of the rail system;

2013/09/19
Committee: TRAN

Luis de GRANDES PASCUAL

Proposal for a directive
Article 16 – paragraph 2 – point a a (new)

(aa) verifying the elements regarding the placing on the market as set out in Article 20(1d)(b) of Directive XX on interoperability of the rail system in cooperation with the Agency;

2013/09/19
Committee: TRAN

Luis de GRANDES PASCUAL

Proposal for a directive
Article 16 – paragraph 2 – point a b (new)

(ab) Issuing vehicle authorisations for placing on the market according to Article 20(1g) of Directive XX on interoperability of the rail system;

2013/09/19
Committee: TRAN

Luis de GRANDES PASCUAL

Proposal for a directive
Article 16 – paragraph 2 – point g a (new)

(ga) supervising the infrastructure manager in accordance with Annex III to Regulation (EU) No 1169/2010 and with Regulation (EU) No 1077/2012;

2013/09/19
Committee: TRAN

Luis de GRANDES PASCUAL

Proposal for a directive
Article 16 – paragraph 2 – point h a (new)

(ha) all responsibilities allocated to the national safety authority as "competent authority" regarding the certification of drivers in accordance with Directive 2007/59 on the certification of train drivers operating locomotives and trains on the railway system in the Community;

2013/09/19
Committee: TRAN

Luis de GRANDES PASCUAL

Proposal for a directive
Article 16 a (new)

Article 16a Supervision 1. National safety authorities shall oversee continued compliance with the legal obligation on a railway undertaking or infrastructure manager to use a safety management system. To this purpose, the national safety authorities shall apply the principles set out in the relevant common safety method for supervision. When supervising the safety management systems, the national safety authorities may carry out investigations to other actors having a potential impact on safety such as entities in charge of maintenance, keepers, training centres, carriers and loaders. 2. The railway undertaking shall inform the relevant national safety authorities at least two months before starting operation of any new service to allow them planning the supervision activities. The railway undertaking shall also provide the categories of staff and the types of vehicles. 3. The holder of the single safety certificate shall inform without delay the competent national safety of any changes in the conditions of the single safety certificate. 4. If a national safety authority finds that a holder of a single safety certificate no longer satisfies the conditions for certification, it shall ask the Agency to revoke it. The Agency shall immediately inform all the national safety authorities concerned by the area of operation of the railway undertaking. The Agency may revoke the single safety certificate, giving reasons for its decision. Pending the final decision of revocation, the national safety authorities concerned may ask the railway undertaking to suspend immediately the operation. Where the national safety authority has itself issued the single safety certificate, it may revoke the single safety certificate, giving reasons for its decision and shall inform the Agency. The holder of a single safety certificate whose certificate has been revoked either by the Agency of by the national safety authority, has the right to appeal. 5. If the national safety authority finds that an authorised infrastructure manager no longer satisfies the conditions for a safety authorisation it shall revoke the authorisation, giving reasons for its decisions. 6. The safety authorities shall, if and where necessary, apply the penalties laid down in their respective national legislation according to Article 29 and inform each other of the applications and outcomes of such penalties. 7. The Agency and the national safety authorities shall make the necessary arrangements to coordinate and ensure the full exchange of information referred for the purposes of supervision and renewal of safety authorisations.

2013/09/19
Committee: TRAN

Luis de GRANDES PASCUAL

Proposal for a directive
Article 21 – paragraph 3

3. Member States shall make provision that railway undertakings, and infrastructure managers ~~and, where appropriate, the national safety authority,~~ are obliged immediately to report accidents and incidents referred to in Article 19 to the investigating body. The investigating body shall be able to respond to such reports and make the necessary arrangements to start the investigation ~~no later than one week~~as soon as practicable after receipt of the report concerning the accident or incident.

2013/09/19
Committee: TRAN

Luis de GRANDES PASCUAL

Proposal for a directive
Article 30 – paragraph 2

Until [specific date to be inserted by OPOCE - two years after the date of entry into force], the national safety authorities shall continue to grant safety certificates in accordance with the provisions of Directive 2004/49/EC. Such safety certificates shall be valid until their date of expiry. Subject to the maturity of the operational and national safety rules, the arrangements mentioned in Article 11 between national safety authorities and the Agency may contain transitional provisions to allow national safety authorities to continue to be fully responsible of this particular part of the Safety Certificate.

2013/09/19
Committee: TRAN

18 Amendments of Luis de GRANDES PASCUAL related to 2013/0016(COD)

ParlTrack - 2011-2024