Results of the EC Task Force on national safety rules (NSR)

Caroline FischerSafety Unit

23 January 2013 66th meeting of the RISC N° 1

Information about the Task Force

Status quo (see ERA report 2010): After several years of work, there is still a lack of transparency of NSR and incompliance with EU rules

Tasks:

-Develop a common understanding of RSD requirements-Review all types of NSR in RSD Annex II -Support MS in their tasks and propose “good practice”

•Task Force under RISC, chaired by EC•8 MS: FI, FR, DE, LU, SK, ES, UK and NO•Interim Report – January 2012•Final Report – December 2012

23 January 2013 66th meeting of the RISC N° 2

Result 1: Clarified NSR scope TF clarified NSR definition, types and overlaps

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NSR shall be limited to the scope of exceptions in EU lawNot so many exceptions remain:• Operating NSR allowed by OPE TSIs, Dir. 2008/68/EC & RID • Criteria for risk acceptance & significant changeSee details & examples in the Rule Management Tool

Much more NSR exist today – A big cost & barrier to a single rail market!

Member States shall “clean up” NSR systems: •Cancel NSR replaced by EU law•Align remaining NSR with EU law•Clarify status and content of other publications•Follow developments in EU law

23 January 2013 66th meeting of the RISC

Result 2: Clarified roles and procedures for NSRTF provided guidance & good practice

Procedures for NSR shall ensure transparencyduring the whole rule life-cycle

European procedure for NSR in RSD:

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Triggering events MS actions

New or amended EU law is adopted (OPE TSI, CSM, etc.)

• MS revises NSR • MS limits NSR to allowed exceptions

If MS sees the need for a new safety rule

• MS proposes EC a missing basic parameter• No new NSR at this stage

If EC confirms a missing basic parameter in EU law

• EC/ERA start drafting an amendment to EU law• MS considers the need for a temporal NSR • for this parameter

If MS decides to draft an NSR • MS consults all parties• MS notifies the draft NSR to EC

If EC has no objection MS adopts, disseminates and implements NSR

New Notif-IT module for draft NSR will be open for comments & claims

Result 3: Proposals for changes in EU law

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No new tasks but simplification!!!

Key proposals of the NSR TF:

(1) Merge NSR and NTR into National RulesNational Rules shall follow the same procedure in Notif-ITClarify and streamline requirements for rule establishment and publication Process for deficiencies: •align CSM and CST process in the RSD with TSI process in the IOD Art. 7

(2) Clarify the rationale for remaining rules •= rules only for exceptions in EU law Delete Annex II from the RSD

23 January 2013 66th meeting of the RISC

Conclusions and follow-up

MS should “clean-up” existing NSR (now and regularly)Taking into account the results of the Final ReportMS should promote EU approachThis does not depend on the 4th Railway Package !Some changes in legislation would simplify the rule system

Supporting ERA projects:Intensive dissemination 11/2012 – 06/2015 (workshops, etc.)Regulary update of the Rule Management Tool (with NSA and RISC)Monitoring and further promotion of improvements

23 January 2013 66th meeting of the RISC N° 6

Thank you very much for your attention!

Contact: NSR@era.europa.eu