Search Legislation

Directive 2004/49/EC of the european parliament and of the councilShow full title

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)

 Help about what version

What Version

Close

This is a legislation item that originated from the EU

After exit day there will be three versions of this legislation to consult for different purposes. The legislation.gov.uk version is the version that applies in the UK. The EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU.

The web archive version is the official version of this legislation item as it stood on exit day before being published to legislation.gov.uk and any subsequent UK changes and effects applied. The web archive also captured associated case law and other language formats from EUR-Lex.

Status:

EU Directives are being published on this site to aid cross referencing from UK legislation. After exit day no further amendments will be applied to this version.

  1. Introductory Text

  2. CHAPTER I INTRODUCTORY PROVISIONS

    1. Article 1. Purpose

    2. Article 2. Scope

    3. Article 3. Definitions

  3. CHAPTER II DEVELOPMENT AND MANAGEMENT OF SAFETY

    1. Article 4. Development and improvement of railway safety

    2. Article 5. Common safety indicators

    3. Article 6. Common safety methods

    4. Article 7. Common safety targets

    5. Article 8. National safety rules

    6. Article 9. Safety management systems

  4. CHAPTER III SAFETY CERTIFICATION AND AUTHORISATION

    1. Article 10. Safety certificates

    2. Article 11. Safety authorisation of infrastructure managers

    3. Article 12. Application requirements relating to safety certification and safety authorisation

    4. Article 13. Access to training facilities

    5. Article 14. Placing in service of in-use rolling stock

    6. Article 14a. Maintenance of vehicles

    7. Article 15. Harmonisation of safety certificates

  5. CHAPTER IV SAFETY AUTHORITY

    1. Article 16. Tasks

    2. Article 17. Decision-making principles

    3. Article 18. Annual report

  6. CHAPTER V ACCIDENT AND INCIDENT INVESTIGATION

    1. Article 19. Obligation to investigate

    2. Article 20. Status of investigation

    3. Article 21. Investigating body

    4. Article 22. Investigation procedure

    5. Article 23. Reports

    6. Article 24. Information to be sent to the Agency

    7. Article 25. Safety recommendations

  7. CHAPTER VI IMPLEMENTING POWERS

    1. Article 26. Adaptation of the Annexes

    2. Article 27. Committee procedure

    3. Article 28. Implementing measures

  8. CHAPTER VII GENERAL AND FINAL PROVISIONS

    1. Article 29. Amendments to Directive 95/18/EC

    2. Article 30. Amendments to Directive 2001/14/EC

    3. Article 31. Report and further Community action

    4. Article 32. Penalties

    5. Article 33. Implementation

    6. Article 34. Entry into force

    7. Article 35. Addressees

    1. ANNEX I

      COMMON SAFETY INDICATORS

      1. Common safety indicators (CSIs) shall be reported annually by the...

      2. Indicators relating to activities referred to in Article 2(2), (a)...

      3. If new facts or errors are discovered after the submission...

      4. Common definitions for the CSIs and methods to calculate the...

      5. 1. Indicators relating to accidents

        1. 1.1. Total and relative (to train-kilometres) number of significant accidents and...

        2. 1.2. Total and relative (to train-kilometres) number of persons seriously injured...

      6. 2. Indicators relating to dangerous goods

      7. 3. Indicators relating to suicides

      8. 4. Indicators relating to precursors of accidents

      9. 5. Indicators to calculate the economic impact of accidents

      10. 6. Indicators relating to technical safety of infrastructure and its implementation...

        1. 6.1. Percentage of tracks with Train Protection Systems (TPSs) in operation...

        2. 6.2. Number of level crossings (total, per line kilometre and track...

      11. Appendix

        Common definitions for the CSIs and methods of calculating the economic impact of accidents

        1. 1. Indicators relating to accidents

          1. 1.1. ‘ significant accident ’ means any accident involving at least...

          2. 1.2. ‘ significant damage to stock, track, other installations or environment...

          3. 1.3. ‘ extensive disruptions to traffic ’ means that train services...

          4. 1.4. ‘ train ’ means one or more railway vehicles hauled...

          5. 1.5. ‘ collision of train with rail vehicle ’ means a...

          6. 1.6. ‘ collision of train with obstacle within the clearance gauge...

          7. 1.7. ‘ derailment of train ’ means any case in which...

          8. 1.8. ‘ level crossing accident ’ means any accident at level...

          9. 1.9. ‘ accident to persons involving rolling stock in motion ’...

          10. 1.10. ‘ fire in rolling stock ’ means a fire or...

          11. 1.11. ‘ other (accident) ’ means any accident other than a...

          12. 1.12. ‘ passenger ’ means any person, excluding a member of...

          13. 1.13. ‘ employee or contractor ’ means any person whose employment...

          14. 1.14. ‘ level crossing user ’ means any person using a...

          15. 1.15. ‘ trespasser ’ means any person present on railway premises...

          16. 1.16. ‘ other person at a platform ’ means any person...

          17. 1.17. ‘ other person not at a platform ’ means any...

          18. 1.18. ‘ death (killed person) ’ means any person killed immediately...

          19. 1.19. ‘ serious injury (seriously injured person) ’ means any person...

        2. 2. Indicators relating to dangerous goods

          1. 2.1. ‘ accident involving the transport of dangerous goods ’ means...

          2. 2.2. ‘ dangerous goods ’ means those substances and articles the...

        3. 3. Indicators relating to suicides

          1. 3.1. ‘ suicide ’ means an act to deliberately injure oneself...

          2. 3.2. ‘ attempted suicide ’ means an act to deliberately injure...

        4. 4. Indicators relating to precursors of accidents

          1. 4.1. ‘ broken rail ’ means any rail which is separated...

          2. 4.2. ‘ track buckle or other track misalignment ’ means any...

          3. 4.3. ‘ wrong side signalling failure ’ means any technical failure...

          4. 4.4. ‘ Signal Passed at Danger when passing a danger point...

          5. 4.5. ‘ Signal Passed at Danger without passing a danger point...

          6. 4.6. ‘ broken wheel on rolling stock in service ’ means...

          7. 4.7. ‘ broken axle on rolling stock in service ’ means...

        5. 5. Common methodologies to calculate the economic impact of accidents

          1. 5.1. The Value of Preventing a Casualty (VPC) is composed of:...

          2. 5.2. Common principles to appraise the value of safety per se...

          3. 5.3. Definitions

            1. 5.3.1. ‘ Cost of damage to environment ’ means costs that...

            2. 5.3.2. ‘ Cost of material damage to rolling stock or infrastructure...

            3. 5.3.3. ‘ Cost of delays as a consequence of accidents ’...

              1. VT = monetary value of travel time savings

                1. Value of time for a passenger of a train (an...

                2. Value of time for a freight train (an hour)

              2. CM = Cost of 1 minute of delay of a...

                1. Passenger train

                2. Freight train

                3. Scope of the model

        6. 6. Indicators relating to technical safety of infrastructure and its implementation...

          1. 6.1. ‘ Train Protection System (TPS) ’ means a system that...

          2. 6.2. ‘ On-board systems ’ mean systems assisting the driver to...

          3. 6.3. ‘ level crossing ’ means any level intersection between a...

          4. 6.4. ‘ road ’ means, for the purpose of railway accident...

          5. 6.5. ‘ passage ’ means any route, other than a road,...

          6. 6.6. ‘ passive level crossing ’ means a level crossing without...

          7. 6.7. ‘ active level crossing ’ means a level crossing where...

        7. 7. Definitions of the scaling bases

          1. 7.1. ‘ train-km ’ means the unit of measure representing the...

          2. 7.2. ‘ passenger-km ’ means the unit of measure representing the...

          3. 7.3. ‘ line km ’ means the length measured in kilometres...

          4. 7.4. ‘ track km ’ means the length measured in kilometres...

    2. ANNEX II

      NOTIFICATION OF NATIONAL SAFETY RULES

      1. National safety rules that are to be notified to the...

      2. rules concerning existing national safety targets and safety methods; rules...

    3. ANNEX III

      SAFETY MANAGEMENT SYSTEMS

      1. 1. Requirements on the safety management system

      2. 2. Basic elements of the safety management system

    4. ANNEX IV

      DECLARATIONS FOR NETWORK SPECIFIC PART OF SAFETY CERTIFICATE

      1. The following documents must be submitted to enable the safety...

      2. documentation from the railway undertaking on the TSIs or parts...

      3. To avoid duplication of work and to reduce the amount...

    5. ANNEX V

      PRINCIPAL CONTENT OF ACCIDENT AND INCIDENT INVESTIGATION REPORT

      1. 1.. Summary

      2. 2. Immediate facts of the occurrence

      3. 3. Record of investigations and inquiries

      4. 4. Analysis and conclusions

      5. 5. Measures that have been taken

      6. 6. Recommendations

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different versions taken from EUR-Lex as well as any subsequent versions created after exit day as a result of changes made by UK legislation.

The dates for the EU versions are taken from the document dates on EUR-LEx and may not always coincide with when the changes came into force for the document.

For any versions created after exit day as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources