Explanatory Memorandum to COM(2013)31 - Railway safety (Recast) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2013)31 - Railway safety (Recast). |
|---|---|
| source | COM(2013)31  |
| date | 30-01-2013 |
In its White Paper ‘Roadmap to a Single European Transport Area - Towards a competitive and resource efficient transport system’, adopted on 28 March 2011, the Commission announced its vision to establish a Single European Railway Area and clarified that this objective implies creating the internal railway market where European railway undertakings can provide services without unnecessary technical and administrative barriers.
Additionally, the European Council conclusions of January 2012 highlight the importance of releasing the growth-creating potential of a fully integrated Single Market, including as regards network industries i. Furthermore, the Commission Communication on Action for Stability, Growth and Jobs adopted on 30 May 2012[2] stresses the importance of reducing further the regulatory burden and barriers to entry in the rail sector, making therefore country specific recommendations in that direction. In the same vein, the Commission adopted on 6 June 2012 the Communication on strengthening the governance of the single market, which likewise stresses the importance of the transport sector[3].
In the last decade, the EU railway market has seen massive changes, gradually introduced by three legislative ‘railway packages’ (with some accompanying acts) intended to open up the national markets and make railways more competitive and interoperable at the EU level, while maintaining high level of safety. However, despite the considerable development of the ‘EU acquis’ establishing an internal market for rail transport services, the modal share of rail in intra-EU transport has remained modest. Therefore the Commission has planned to come forward with the Fourth Railway Package in order to enhance the quality and efficiency of rail services by removing the remaining market obstacles. The present Directive is a component of the Fourth Railway Package focusing on the removal of remaining administrative and technical barriers, in particular by establishing a common approach to safety and interoperability rules to increase economies of scale for railway undertakings active across the EU, decreasing administrative costs and accelerating administrative procedures, as well as to avoiding disguised discrimination.
In order to pursue efforts to establish a single market for rail transport services, it is necessary to establish a common regulatory framework for railway safety. Member States have until now developed their safety rules and standards mainly on national lines, based on national technical and operational concepts. Simultaneously, differences in principles, approach and culture have made it difficult to break through the technical barriers and establish international transport operations.
Directive 91/440/EEC, Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings i and Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification[5] was a first steps towards regulation of the European rail transport market by opening the market for international rail freight services. However, the provisions on safety proved to be insufficient and differences between safety requirements among the Member States affected the optimum functioning of rail transport in the EU.
Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on Safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification[6], represented a great improvement towards establishment of a common regulatory framework for railway safety. The Directive established a framework for harmonising the content of safety rules, safety certification of railway undertakings, the tasks and roles of the safety authorities and the investigation of accidents, to discourage Member States from continuing to develop on national lines their safety rules and standards based on national technical and operational concepts.
Article 10 (7) of Directive 2004/49/EC prescribes that ‘Before 30 April 2009 the Agency shall evaluate the development of safety certification and submit a report to the Commission with recommendations on a strategy for migration towards a single Community safety certificate’ replacing the current two part system (Part A/B). Single EU safety certificate development and implementation has always been a long term objective. It was never a question of if but when it would be introduced.
In its interim report of 2009, the European Railway Agency, hereafter “the Agency”, explained that it was too early to make a recommendation and that more information was needed in order to ensure an informed debate. The Agency submitted a report in July 2012 with a Recommendation proposing a strategy for the migration[7].
Following the Recommendation of the Agency, the Commission considers that the current regulatory framework is sufficiently mature to migrate progressively towards a ‘single safety certificate’. With this objective, the role of the national safety authorities needs to be revised and the responsibilities reallocated between them and the Agency.
The revision of the Railway Safety Directive is also an opportunity to adapt the text to take into account the evolution of the railway market where new professional actors or entities have been created. The lessons from severe railway accidents show that these actors may assume important responsibilities in matter of safety. In the past, the vertically integrated railway undertakings were able to control internally the quality of all processes, such as the maintenance of rolling stock or loading operations. The present trend of outsourcing activities or services is leading to the emergence of new actors subject to increasing economic and financial pressure, while internal control is decreasing. This may have consequences for safety, unless a new way of monitoring is established, through contractual or other arrangements, to ensure that risk control measures are duly implemented by all relevant actors.
Another important reason for amending the text concerns the national rules addressing safety concerns. A Task Force on this subject was established and its findings are taken into account in this proposal.
Other amendments of the text are related to:
· Clarification of existing provisions and new definitions: aimed to improve consistency with similar provisions used in the Directive XX on the interoperability of the rail system within the European Union (hereinafter the ‘Interoperability Directive’).
· Updates due to the evolution of the legislative framework: provisions concerning national rules, as well as references to comitology procedures and delegated acts.
· Editorial changes: consolidation of previous amendments in the text of the Directive, renumbering of articles and annexes, elimination of obsolete provisions and references to other component of the Fourth Railway Package.
Contents
- RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
- LEGAL ELEMENTS OF THE PROPOSAL
- 1.1. Recent EU policy developments in the railway field
- 1.2. Legal framework for rail safety
- 1.3. Why amend Directive 2004/49/EC?
- CHAPTER I
- CHAPTER II
- CHAPTER III
- Article 12: former Article 11 without major changes
- CHAPTER IV
- CHAPTER V
- CHAPTER VI
- Former article 26: obsolete
- Article 31: new article concerning the role of Agency opinions and recommendations
DG MOVE prepared an impact assessment to support legislative proposals on improving efficiency and competitiveness of the Single European Railway Area in the field of interoperability and safety.
An Impact Assessment Steering Group (IASG) was created in June 2011. All DGs were invited to participate, however the main interested services are DGs ENTR, EMPL, SG, SJ, HR, RTD, BUDG, REGIO, ENER and ELARG.
The Commission services have discussed the developments of Single European Railway Area with sector representatives on an on-going basis. In 2010-2011 it conducted also an ex post evaluation of Regulation 881/2004 establishing the Agency.
In order to support the Commission in the impact assessment process, an external consultant was tasked to prepare an impact assessment support study and to undertake a targeted consultation of stakeholders.
The targeted consultation of interested parties started on 18 November 2011 with an internet survey which finished on 30 December 2011. It was followed by interviews with the most significant stakeholders and stakeholder workshop in February 2012.
Given the technical nature of the initiative, no public consultation was carried out. However, the Commission has taken care that all interested parties have been consulted in due time and discussions have covered all the key elements of the initiative.
More information on the impact assessment and the results of the stakeholder consultation is provided in the Impact Assessment Report.
This section provides detailed comments and explanations concerning the significant changes in the text of the Directive. Editorial changes and obvious modifications are not commented.
Article 1: no comments.
Article 2: adaptation of the scope to make it consistent with the ‘Interoperability Directive’.
Article 3: new definitions and a few amendments to improve consistency with similar definitions used in the Interoperability Directive.
Article 4: clarification on role and responsibilities of the players in the railway chain to take into account to recent evolution of the market and of the legal framework.
Articles 5, 6 and 7: updates due to the evolution of the legal framework.
Article 8: adaptation of the provisions related to national rules to take into account the evolution of the legal framework (adoption of TSI) and alignment with the Interoperability Directive.
Article 9: no comments.
Article 10: introduction of the system of single safety certificate for railways undertakings replacing the former system of safety certificate and its two parts : ‘Part A’ and ‘Part B’.
Article 11: former Article 11 adapted to the process of move towards a single safety certificate taking into account the new role of the Agency.
Article 13: no comments.
Article 14 and 15: re-numbering of the former Article 14a updated.
Former Article 15: obsolete.
Article 16 to 18: amendments taking into account the new role of the national safety authorities in the process of move towards a single safety certificate and reallocation of responsibilities between them and the Agency.
Article 19: no comments.
Article 20: clarification stressing cooperation between the national investigation body and the judicial authorities in case of investigation following an accident.
Article 21 to 25: no comments.
Article 26: new provision on delegated acts taking into account the entry into force of the Treaty on the Functioning of the European Union.
Article 27: modification of the Committee procedure taking into account the entry into force of the Treaty on the Functioning of the European Union.
Article 28: former article 31 updated.
Article 29: former article 32 without comments.
Former articles 29 and 30 of Directive 2004/49/EC concern amendments to Directives 95/18/EC and 2001/14/EC respectively. They will be obsolete when the Recast of the First Railway Package repealing these two Directives will enter into force.
Article 30: transitional provisions.
Article 32: former article 33 with clarifications in matter of the transposition.
Article 33: repeal of Directive 2004/49/EC, recasted.
Article 34: former article 34 on entry into force, adapted.
Article 35: former article 35 on addressees, adapted.
ANNEX I: former ANNEX I with some adaptation.
Former ANNEX II: obsolete, following the adaptation of the national rules.
Former ANNEX III: obsolete, following introduction of an implementing act.
Former ANNEX IV: obsolete, following introduction of the system of single EU safety certificate.
Former ANNEX V: obsolete, following introduction of an implementing act.
New ANNEX II: correlation table.
ê Corrigendum, OJ L 220, 21.6.2004, p. 16 (adapted)