EU-wide railway safety

SUMMARY OF:

Directive (EU) 2016/798 on railway safety

WHAT IS THE AIM OF THE DIRECTIVE?

It aims to enhance railway safety across the European Union (EU) by revising the role of national safety authorities and reallocating responsibilities between them and the European Union Agency for Railways (the agency).
The directive is one of three legislative acts covering the technical aspects of the fourth railway package, which aims to revitalise the rail sector and deliver a better quality of service and more choice to passengers. It works alongside Regulation (EU) 2016/796 on the European Union Agency for Railways and Directive (EU) 2016/797 on the interoperability of the EU rail system.

KEY POINTS

The directive sets out a number of measures to develop and improve safety and to improve access to the market for rail transport services, including:

establishing the agency as a body issuing safety certificates to railway undertakings which operate in more than one EU Member State;
defining the responsibilities between the different bodies involved in the EU rail system;
developing common safety targets and common safety methods, with the aim of removing national rules and therefore barriers to the development of a single European railway area;
setting out the principles for issuing, renewing, amending and restricting or revoking safety certificates and authorisations;
requiring each Member State to establish a national safety authority and an investigation body for railway accidents and incidents;
defining common principles for the management and supervision of railway safety.

Scope

The directive applies to the rail systems in Member States, but does not apply to:

metros;
trams and light rail vehicles, and infrastructure used exclusively by these vehicles;
networks that are not part of the EU rail system and that are intended to operate only local, urban or suburban passenger services, along with companies that operate solely on these networks.

Development and management of safety

Within their respective competences under EU law, the agency and the Member States are responsible for ensuring that railway safety is maintained and generally improved, with a priority placed on preventing accidents.
Member States are also responsible for ensuring that:
- measures to develop and improve safety follow a system-based approach;
- infrastructure managers and railway companies are responsible for the safe operation of the EU rail system and the control of any associated risks.

Common safety methods and targets

The assessment of safety levels, the achievement of safety targets and compliance with other safety requirements are established using common safety methods, particularly for:
- risk and evaluation assessment;
- assessing conformity for issuing safety certificates and safety authorisations;
- supervision by national safety authorities and for monitoring by railway companies, infrastructure managers and railway maintenance bodies;
- assessing the achievement of safety targets at the EU and national levels.
Minimum safety targets to be achieved by the EU rail system as a whole are set out in common safety targets. These may take the form of risk acceptance criteria or target safety levels.

Single safety certificate

Access to the EU railway infrastructure will only be granted to companies holding a single safety certificate issued either by the agency or by the relevant national safety authorities.
The purpose of the certificate is to provide evidence that the company concerned has established its safety management system and that it is able to operate safely in its intended area of operation.

Amendment as regards the application of railway safety and interoperability rules within the Channel Fixed Link

Regulation (EU) 2020/1530 extends the definition of the national safety authority with regards to any body entrusted by a Member State and a non-EU country and sets out the related arrangements.

FROM WHEN DO THE RULES APPLY?

The directive had to be transposed into national law by 16 June 2020. However, to provide the railway sector with greater legal certainty and flexibility to deal with the exceptional circumstances arising from the COVID-19 pandemic, this date was further extended by amending Directive (EU) 2020/700 until 31 October 2020.

BACKGROUND

For further information, see:

Rail transport: Landmark deal will deliver better rail services to passengers – press release (European Commission).

MAIN DOCUMENT

Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, pp. 102–149).

Successive amendments to Directive (EU) 2016/798 have been incorporated into the original text. This consolidated version is of documentary value only.