Directive 2016/798 - Railway safety (recast) - Main contents
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Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (recast)| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2016/798 |
| Original proposal | COM(2013)31  |
| CELEX number i | 32016L0798 |
| Document | 11-05-2016; Date of signature |
|---|---|
| Publication in Official Journal | 26-05-2016; OJ L 138 p. 102-149 |
| Signature | 11-05-2016 |
| Effect | 15-06-2016; Entry into force Date pub. +20 See Art 35 |
| Deadline | 15-06-2016; See Art 27.2 And 31.2 16-12-2017; See Art 29.3 16-12-2018; See Art 33.2 16-06-2019; At the latest See Art 31.3 16-06-2019; See Art 31 28-05-2020; See Art 27.7 29-05-2020; See Art 33.2a 16-06-2020; See Art 31.3 31-10-2020; See Art 27.7 And 31.3 16-06-2021; See Art 29.1 16-06-2024; See Art 29.2 |
| End of validity | 31-12-9999 |
| Transposition | 16-06-2019; Adoption See Art 33.1 31-10-2020; Adoption See Art 33.2a 31-10-2020; Application See Art 33.2a |
26.5.2016 |
EN |
Official Journal of the European Union |
L 138/102 |
DIRECTIVE (EU) 2016/798 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 May 2016
on railway safety
(recast)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1) |
Directive 2004/49/EC of the European Parliament and of the Council (4) has been substantially amended. Since further amendments are to be made, it should be recast in the interests of clarity. |
(2) |
Directive 2004/49/EC established a common regulatory framework for railway safety through harmonisation of the content of safety rules, the safety certification of railway undertakings, the tasks and roles of the national safety authorities and the investigation of accidents. Nevertheless, in order to pursue efforts to further develop a single European railway area, it is necessary to thoroughly revise Directive 2004/49/EC. |
(3) |
Metros, trams and other light rail systems are subject in many Member States to local technical requirements and are excluded from the scope of Directive (EU) 2016/797 of the European Parliament and of the Council (5). In order to facilitate the implementation of this Directive and of Directive (EU) 2016/797, both Directives should have the same scope. Therefore, such local systems should be excluded from the scope of this Directive. |
(4) |
Insofar as some concepts referred to in this Directive may be usefully applied to metros and other local systems, Member States should be permitted to decide, without prejudice to the scope of this Directive, to apply certain provisions of this Directive that they consider to be appropriate. In such cases, Member States should be allowed not to apply obligations such as the notification of national rules and reporting. |
(5) |
Safety levels in the Union rail system are generally high especially when compared to road transport. Railway safety should be generally maintained and, when practicable, continuously improved, taking into account technical and scientific progress, and the development of Union and international law. Priority should be given to the prevention of accidents. The impact of human factors should also be taken into consideration. |
(6) |
If a Member State introduces a higher level of safety, it should ensure that the rule adopted does not create a barrier to interoperability or result in discrimination. |
(7) |
The main actors in the Union rail system, infrastructure managers and railway undertakings should bear full responsibility for the safety of the system, each for their own part. Whenever appropriate, they should cooperate in implementing risk control measures. |
(8) |
Without prejudice to the responsibility of infrastructure managers and railway undertakings for developing and improving railway safety, the other actors, such as entities in charge of maintenance, manufacturers, carriers, consignors, consignees, fillers, unfillers, loaders, unloaders, maintenance suppliers, keepers, service providers and contracting entities, should not be precluded from assuming responsibility for their products, services and processes. Each actor in the Union rail system should be responsible, vis-à-vis the other actors, for complete and truthful communication of all relevant information to check whether vehicles are fit... |
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