Directive 2004/54/EC of the European Parliament and of the CouncilShow full title

1. Basis for deciding on safety measures

1.1. Safety parameters

1.1.1. Safety measures to be implemented in a tunnel shall be based on a systematic consideration of all aspects of the system composed of the infrastructure, operation, users and vehicles.

1.1.2. The following parameters shall be taken into account:

• tunnel length,

• number of tubes,

• number of lanes,

• cross-sectional geometry,

• vertical and horizontal alignment,

• type of construction,

• uni-directional or bi-directional traffic,

• traffic volume per tube (including its time distribution),

• risk of congestion (daily or seasonal),

• access time for the emergency services,

• presence and percentage of heavy goods vehicles,

• presence, percentage and type of dangerous goods traffic,

• characteristics of the access roads,

• lane width,

• speed considerations,

• geographical and meteorological environment.

1.1.3. Where a tunnel has a special characteristic as regards the aforementioned parameters, a risk analysis shall be carried out in accordance with Article 13 to establish whether additional safety measures and/or supplementary equipment is necessary to ensure a high level of tunnel safety. This risk analysis shall take into consideration possible accidents, which clearly affect the safety of road users in tunnels and which might occur during the operating stage and the nature and magnitude of their possible consequences.

1.2. Minimum requirements

1.2.1. The safety measures required by the following paragraphs shall be implemented at a minimum in order to ensure a minimum level of safety in all the tunnels covered by the Directive. Limited derogations from these requirements may be allowed provided that the following procedure is completed successfully. Member States or the Administrative Authority shall send to the Commission information on the following:

the limited derogation(s) envisaged,

• the imperative reasons underlying the limited derogation envisaged,

• the alternative risk reduction measures which are to be used or reinforced in order to ensure at least an equivalent level of safety, including proof therefor in the form of an analysis of relevant risks.

The Commission shall transmit any request for a limited derogation to the Member States as soon as possible, and in any case within one month of receipt.

If, within a period of three months after receipt of the request by the Commission, neither the Commission nor a Member State formulates objections, the limited derogation shall be deemed granted and the Commission shall inform all Member States accordingly. If objections are expressed, the Commission shall make a proposal in accordance with the procedure referred to in Article 17(2). Where the decision is negative, the limited derogation shall not be allowed.

1.2.2. In order to provide a unified interface in all tunnels to which this Directive applies, no derogation from the requirements of the following paragraphs shall be allowed regarding the design of the safety facilities at the disposal of the tunnel users (emergency stations, signs, lay-bys, emergency exits, radio re-broadcasting when required).

1.3. Traffic volume

1.3.1. Where "traffic volume" is mentioned in this Annex, it refers to the annual average daily traffic through a tunnel per lane. For the purpose of determining the traffic volume, each motor vehicle shall be counted as one unit.

1.3.2. Where the number of heavy goods vehicles over 3,5 t exceeds 15% of the annual average daily traffic, or seasonal daily traffic significantly exceeds the annual average daily traffic, the additional risk will be assessed and taken into account by increasing the traffic volume of the tunnel for the application of the following paragraphs.