Commission Regulation (EU) No 1169/2010Show full title

1. The procedures that a national safety authority puts in place to receive and assess applications and to award safety authorisation shall be built upon the following framework principles. U.K.

(a) Setting up and reviewing the assessment process U.K.

National safety authorities shall develop structured and auditable processes to be undertaken by suitably competent persons. They shall scrutinise applications against the assessment criteria for safety management systems set out in Annex II. They shall record and give reasons for all decisions. The national safety authority's overall assessment process shall be periodically internally reviewed and continuously improved to secure its continued effectiveness and efficiency.

(b) Quality of the assessment process U.K.

National safety authorities shall monitor the quality of their own performance at key stages in the processing of applications for safety authorisations.

(c) Scope of the assessment U.K.

The assessment shall be at management-system level and process-driven. Where scrutiny reveals shortcomings, the national safety authority may exercise discretion and, depending on the nature and seriousness of the non-conformity, shall outline the points which need to be enhanced. Ultimately, the national safety authority shall exercise its power to reject an application.

The assessment shall be:

• appropriate to the risks, character and extent of operations of the applicant;

• based on judgments of the infrastructure manager's overall ability to operate safely as described in its safety management system.

(d) Timing of the assessment U.K.

National safety authorities shall complete the assessment within the time required by Article 12 of Directive 2004/49/EC whilst ensuring that the evidence provided by the applicant is sufficiently examined. The national safety authority shall inform infrastructure managers of issues of major concern as early as practically possible during the assessment phase.

(e) Decision making during the assessment U.K.

A decision to accept or reject an application for a safety authorisation shall be based on the evidence provided by the applicant and on whether compliance with the relevant requirements has been shown or not.