The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019

CHAPTER 2 Supervision and monitoring

Amendments to Commission Regulation (EU) No 1077/2012 on a common safety method for supervision by national safety authorities after issuing a safety certificate or safety authorisation

14.—(1) Commission Regulation (EU) No 1077/2012 on a common safety method for supervision by national safety authorities after issuing a safety certificate or safety authorisation is amended as follows.

(2) In Article 1 (subject matter and scope)—

(a) in paragraph 1, omit “as referred to in Annex IV to Regulation (EU) No 1158/2010 and Annex III to Regulation (EU) No 1169/2010 respectively”;

(b) in paragraph 3, omit “under Article 16(2)(f) of Directive 2004/49/EC” and “the Member States”.

(3) For Article 2 (definitions), substitute—

“Article 2 Definitions

For the purposes of this Regulation the following definitions shall apply.

‘supervision’ means the arrangements put in place by the national safety authority to oversee safety performance after it has granted a safety certificate or safety authorisation;

‘national safety authority’ means one or both of—

(a)

a safety authority; and

(b)

the safety authority for the tunnel system

as defined in the Railways and Other Guided Transport Systems (Safety) Regulations 2006.”.

(4) In Article 8 (coordination and cooperation), omit paragraph 1.

(5) Omit the words following Article 9 (entry into force), up to but not including “Annex”.

(6) In the Annex (supervision activities)—

(a) in paragraph 4(b), for “its Member State”, substitute “Great Britain”;

(b) in paragraph 4(c)—

(i) at the beginning, insert “where the national safety authority is the Office of Rail and Road,”;

(ii) for “the Member State”, substitute “Great Britain”;

(c) in paragraph 5(c), for “its Member State”, substitute “the Secretary of State”.

Amendments to Commission Regulation (EU) No 1078/2012 on a common safety method for monitoring to be applied by railway undertakings, infrastructure managers after receiving a safety certificate or safety authorisation and by entities in charge of maintenance

15.—(1) Commission Regulation (EU) No 1078/2012 on a common safety method for monitoring to be applied by railway undertakings, infrastructure managers after receiving a safety certificate or safety authorisation and by entities in charge of maintenance is amended as follows.

(2) In Article 1 (subject matter and scope), in paragraph 2(a), for “Article 10(2)(a) and 11(1)(a) and the provisions adopted to obtain the certification/authorisation specified in Article 10(2)(b) and 11(1)(b) of Directive 2004/49/EC”, substitute “regulations 7(4) and 10(3) of the Railways and Other Guided Transport Systems (Safety) Regulations 2006 or Chapter 3 of the Schedule to the Channel Tunnel (Safety) (Amendment) Order 2013”.

(3) For Article 2 (definitions) substitute—

“Article 2 Definitions

For the purposes of this Regulation the following definitions apply.

‘accident’ means an unwanted or unintended sudden event or a specific chain of such events which have harmful consequences; accidents are divided into the following categories: collisions, derailments, level-crossing accidents, accidents to persons caused by rolling stock in motion, fires and others;

‘entity in charge of maintenance’ means an entity in charge of maintenance of a vehicle, and registered as such in the National Vehicle Register;

‘incident’ means any occurrence, other than an accident, associated with the operation of trains and affecting the safety of operation;

‘infrastructure manager’ means any body or undertaking that is responsible in particular for establishing and maintaining railway infrastructure, or a part thereof, as defined in Article 3 of Directive 91/440/EEC(1), which may also include the management of infrastructure control and safety systems. The functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or undertakings.

‘interfaces’ means all points of interaction during a system or subsystem life-cycle, including operation and maintenance where different actors of the rail sector will work together in order to manage the risks;

‘management system’ means either a safety management system as defined in the Railways and Other Guided Transport Systems (Safety) Regulations 2006, or the system of maintenance of entities in charge of maintenance complying with requirements laid down in paragraph 3 of Regulation 18A of the Railways and Other Guided Transport Systems (Safety) Regulations 2006 or paragraph 55B of the Schedule to the Channel Tunnel (Safety) (Amendment) Order 2013;

‘monitoring’ means the arrangements put in place by railway undertakings, infrastructure managers or entities in charge of maintenance to check their management system is correctly applied and effective;

‘national safety authority’ means one or both of—

(a)

a safety authority; and

(b)

the safety authority for the tunnel system

as defined in the Railways and Other Guided Transport Systems (Safety) Regulations 2006;

‘railway system’ means the totality of the subsystems in Great Britain for structural and operational areas, as defined in paragraph 2(1) to 2(7) of Annex II to Directive 2008/57/EC, as well as the management and operation of the system as a whole;

‘railway undertaking’ means a public or private undertaking, licensed according to applicable legislation, the activity of which is to provide transport of goods and/or passengers by rail on the basis that the undertaking must ensure traction; this also includes undertakings which provide traction only.”.

(4) In Article 5 (reporting)—

(a) in paragraph 1, omit “in accordance with Article 9(4) of Directive 2004/49/EC”;

(b) omit paragraph 2;

(c) in paragraph 3—

(i) for “point I.7.4(k) of Annex III to Regulation (EU) No 445/2011”, substitute “paragraph 27(4)(k) of Schedule 10 to the Railways and Other Guided Systems (Safety) Regulations 2006”;

(ii) omit the final sentence;

(d) omit paragraphs 4 to 7.

(5) Omit the words following Article 6 (entry into force), up to but not including “Annex”.

(1)

OJ No. L 237, 24.08.1991, p. 25-28.