http://www.legislation.gov.uk/id/eudn/2009/460/contents/adopted

1.Statistical sources and measurement units for calculating NRVs and CSTs...1.1.Statistical sources 1.1.1.The NRVs and the CSTs shall be calculated on the...1.1.2.Within the framework of determining the first set of CSTs,...1.1.3.The time series of data which will be used for...1.2.Measurement units for NRVs 1.2.1.The measurement units for NRVs shall be expressed in compliance...1.2.2.The measurement units which shall be used for quantifying NRVs...1.2.3.For each of the risk categories ‘passengers’ and ‘level crossing...1.3.Measurement units for CSTs 1.3.1.The measurement units to be used for quantifying CSTs for...2.Methodology for calculating NRVs and for deriving CSTs 2.1.Methodology for calculating NRVs 2.1.1.For each Member State and for each of the risk...2.2.Methodology for deriving CSTs from NRVs 2.2.1.For each of the risk categories, once the NRV has...2.2.2.The European average referred to in point 2.2.1(b) shall be...2.3.Weighted averaging process for the calculation of NRVs 2.3.1.For each Member State and for each of the risk...3.Framework model for the assessment of achievement of NRVs and...3.1.Methodology for assessing achievement of NRVs and CSTs 3.1.1.The following principles shall apply for assessing achievement of NRVs...3.1.2.For each Member State, and for each of the risk...3.1.3.No later than 31 March each year the Agency shall...3.1.4.Taking into account the provisions laid down in point 1.1.3,...3.1.5.The outcome of the assessment of achievement referred to in...3.2.Stepwise description of the procedure referred to in point 3.1.1(a)...3.2.1.The procedure for the assessment of achievement of NRVs is...3.2.2.The first assessment step shall verify whether the observed safety...3.2.3.The second assessment step shall consider the safety performance as...3.2.4.The third assessment step shall verify whether it is the...3.2.5.The fourth assessment step shall verify whether the number of...3.3.Moving weighted averaging process for the annual assessment of achievement...3.3.1.For each Member State and for each of the risk...

APPENDIX 1

APPENDIX 2 Decision flowchart for the procedure referred to in point 3.1.1(a) of the Annex

Commission Decision

of 5 June 2009

on the adoption of a common safety method for assessment of achievement of safety targets, as referred to in Article 6 of Directive 2004/49/EC of the European Parliament and of the Council

(notified under document number C(2009) 4246)

(Text with EEA relevance)

(2009/460/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive)1 and in particular Article 6(1) thereof,

Having regard to the recommendation of the European Railway Agency on the common safety methods for calculation, assessment and enforcement to be used in the framework of the first set of common safety targets, delivered to the Commission on 29 April 2008,

Whereas:

(1)

In accordance with Directive 2004/49/EC, common safety targets (CSTs) and common safety methods (CSMs) should be gradually introduced to ensure that a high level of safety is maintained and, when and where necessary and reasonably practicable, improved.

(2)

Pursuant to Article 6(1) of Directive 2004/49/EC, the European Commission should adopt CSMs. These should describe, amongst others and in accordance with Article 6(3) of Directive 2004/49/EC, how the safety level and achievement of CSTs are assessed.

(3)

In order to ensure that the current safety performance of the railway system is not reduced in any Member State, the first set of CSTs should be introduced. It should be based on an examination of existing targets and safety performance of railway systems in the Member States.

(4)

Furthermore, in order to maintain the current safety performance of the railway system, a harmonisation, in terms of risk acceptance criteria, of safety levels for the whole national railway systems is necessary. The compliance with safety levels should be monitored in the different Member States.

(5)

In order to establish the first set of CSTs in compliance with Article 7(3) of Directive 2004/49/EC, it is necessary to quantitatively identify the current safety performance of railway systems in Member States by means of national reference values (NRVs), to be calculated and utilised by the European Railway Agency (the Agency) and the Commission. These NRVs should be calculated only in 2009, with a view to developing the first set of CSTs, and in 2011, with a view to developing the second set of CSTs.

(6)

In order to ensure consistency of the NRVs and to avoid undue burden, light rail systems, functionally separate networks, privately owned railway infrastructures solely used by the owner, heritage, museum and tourist railways should be exempted from this Decision.

(7)

Due to the lack of harmonised and reliable data on safety performance of parts of the railway system referred to in Article 7(4) of Directive 2004/49/EC, it has been ascertained that the development of the first set of CSTs, expressed in risk acceptance criteria for specified categories of individuals and for society as a whole, is at the moment feasible only for the railway system in its entirety and not for its parts.

(8)

Following the progressive harmonisation of national statistical data on accidents and related consequences, in compliance with Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics2 and Directive 2004/49/EC, the development of common methods for monitoring and targeting safety performance of railway systems in Member States should take account of statistical uncertainties and the need for an element of judgement in deciding whether a Member State’s safety performance is maintained.

(9)

To allow a fair and transparent comparison of railway safety performance amongst Member States, Member States should perform their own assessments on the basis of a common approach for identifying the safety targets of the railway system and for demonstrating compliance with them.

(10)

The measures provided for in this Decision are in accordance with the opinion of the Committee established in compliance with Article 27(1) of Directive 2004/49/EC,

HAS ADOPTED THIS DECISION: