- 1. tefan Roeanu, 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 decide2ndRailway
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 exist
criteriipentru definireaOSPAtribuirea CSP
frproceduricompetitiveAbsenaconcureneipentru CSPAccesrestricionat
laserviciileferoviarenaionaleNorme diferiteprivind accesul pepia n
SMLipsa presiuniiconcurenialeDistorsiuni alepieeiCauze profunde
Sursele problemelorObiectivespecificeDiscriminriprivind accesul
lasistemele de bileteAcces limitat lamaterialul
rulantObiectiveoperaionaleSO1: Intensificareapresiunii concureniale
pepieele feroviarenaionaleSO2: Crearea unorcondiii de activitate
maiuniformeOO4: Stabilirea uneiabordari comune privindCSP/ OSPOO6:
Facilitarea condiiiloregale de acceslamaterialul rulantOO5:
Facilitareacondiiilor egale de accesla sistemul de emitere
abiletelorMonopoluri legaleCerin privindstabilirea la
loculactivitiiOO1: Facilitarea accesuluitransfrontalierOO2:
Abolireamonopolurilor legaleOO3: Piaa CSPdeschispentruconcurenFig.
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 otheractors7. 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
2025mGreater 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:MemberStatescleanup
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 upnational
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 Agencys 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 Commissions 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 theAgencys 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 Agencys 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
Commissions 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 Commissions 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 Commissions 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 REG
