Directive 2004/49/EC provides a framework for equal conditions for all railway undertakings, through the application of the same safety certification requirements across the Union. The purpose of the common safety method (CSM) is to provide a framework for national safety authorities to harmonise their decision-making criteria across the Union.
Thus, in December 2010, the European Commission published in the Official Journal the Regulation 1158 on a common safety method for assessing conformity with the requirements for obtaining railway safety certificates. It is necessary to provide a method for national safety authorities to assess the adequacy of processes developed by railway undertakings to meet the harmonised requirements for obtaining safety certificates issued.
The regulation stipulates that regarding conformity with the safety requirements according to which responsibility for railway vehicle maintenance should be clearly defined, a railway undertaking which is not the entity in charge of maintenance for all vehicles used in its operation, should, through appropriate contractual arrangements, such as the General Contract of Use (GCU), ensure that every vehicle has an entity in charge of maintenance to take responsibility for vehicle maintenance in accordance with Article 14a of Directive 2004/49/EC.
The contract between the parties should specify the exchange of information between both undertakings needed to guarantee the safe operation of vehicles.
Risk control
In assessing conformity with safety requirements of products or services provided by contractors or suppliers of railway undertakings, such as provision of services by training centres recognized, the authorizations or certificates granted may be considered as valid evidence. Until the European certification system enters into force, certificates delivered on the basis of the Memorandum of Understanding establishing the basic principles of a common system of certification of entities in charge of maintenance for freight wagons signed on May 2009 may be considered valid evidence when assessing conformity with relevant safety requirements. wRegulation 1158 stipulates that national safety authorities assess a railway undertaking’s ability to comply with all the requirements required to operate in general and on the specific network for which it is seeking a certificate by assessing its safety management system at global level. It is important to mention that during assessment, national safety authorities may accept commitments by applicants that they will manage risks through the use of contracts with third parties. The contracts also specify the exchange of information needed to ensure the safe operation of vehicles, especially in the areas relating to managing maintenance. It is presumed that the products or services provided by contractors or suppliers to railway undertakings are in conformity to safety requirements if the contractors, suppliers or products are certified in accordance with relevant certification schemes established under Union legislation, for the provision of such products and services. For the purposes of this Regulation, the following definition will apply: “supervision” means the arrangements put in place by the national safety authority to oversee safety performance after it has granted a safety certificate. After granting a safety certificate, national safety authorities shall, for both Part A and Part B safety certificates, supervise railway undertakings’ continued application of their safety management system. The current Regulation became effective on January 5, 2011, it is mandatory and can be directly implemented in all member states.
[ by Elena Ilie ]Share on:
