At the beginning of October, the Council of the European Union agreed a general approach on new rules for the safety of European railways. This recast of the 2004 railway safety directive is aimed at further improving the safety of the Union’s railways and facilitating access to the market for rail transport services.
The draft directive is applicable to the rail system as a whole, including the management of infrastructure and operation of the traffic. Local rail systems, such as metros, trams and other light rail systems, are excluded.
The main aim of the recast of the Railway Safety Directive is to simplify the process of granting safety certificates to railway undertakings. So far, this process consists of two parts. In phase one, the safety certificate is granted in the Member State where the railway undertaking first established itself and in the second phase, the safety certificate is granted in each Member State where the railway undertaking intends to operate.
Under the new proposal, railway undertakings will have to file a single application to the European Railway Agency (ERA) for all the Member States where they intend to operate.
According to the new proposal to amend the Directive, the European Railway Agency (ERA) would serve as a one-stop-shop for railway undertakings operating in more than one member state, but national authorities would retain an important role in carrying out the assessments necessary for the issuance of the safety certificate. Where the area of operation is limited to one member state, the applicant may choose to submit a request for certification either to the Agency or to the national safety authority.
The new provisions will also clarify the roles and responsibilities of the different actors involved.
Under the general approach agreed by the Council, the national safety authorities will supervise rail companies’ and infrastructure managers’ continued compliance with safety requirements. However, the decisions taken by the national authority in relation to such measures will be subject to judicial review.
During the reunion of the Council, the ministers also agreed that the question of fees to be charged on the issuance and renewals of safety certificates will be addressed in the context of the future ERA regulation, taking into account the principle that they should not lead to any unnecessary burden on companies.
The final adoption of the recast of the Directive on railway safety needs the approval of the Council and of the European Parliament.
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