2003/425/EC: Commission Decision of 11 June 2003 setting up a group of experts to advise the Commission on a strategy for dealing with accidents in the transport sector
Date: 2003-06-11
Institutions: European Commission
Subjects: accident prevention, common transport policy, transport accident, transport safety

L 144/10

EN

Official Journal of the European Union

12.6.2003

COMMISSION DECISION

of 11 June 2003

setting up a group of experts to advise the Commission on a strategy for dealing with accidents in
the transport sector

(2003/425/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty establishing the European
Community,

Whereas:

Article 1

Subject

(1)

(2)

(3)

(4)

(5)

A high and uniform level of protection for European
citizens should at all times be ensured in all modes of
transport, and a strategy should be introduced to reduce
the number of accidents. Independent technical investi-
gations of transport accidents and incidents are one way
of improving safety by identifying the causes of such
accidents and thereby preventing them from occurring.

Investigations into the causes of accidents should not be
linked to compensation for damages or determination of
liability. Therefore, they should be independent of inves-
tigations conducted by the judicial authorities, insurance
industry, operators and regulators, or any
companies,
other party whose interests could conflict with the task
entrusted to the investigating body or entity.

In its White Paper on European transport policy for
2010: time to decide (1), the Commission indicated that
there is a growing need for independent technical inves-
tigations geared towards revealing the causes of acci-
this
dents and ways of
purpose,
in the White Paper the Commission recom-
mended the creation of ‘a group of independent experts
within the Commission, whose job would be to improve
the existing legislation and adapt the (European) metho-
dology, inter alia, to technical developments’.

improving legislation. For

For the examination of all issues pertinent to indepen-
dent technical accident investigations, the Commission
intends to set up a Group of Experts to advise the
Commission on a strategy for dealing with accidents in
the transport sector.

The setting up of this Group will contribute to the
advancement of Community policy in the field of inde-
pendent accident investigations, alongside other appro-
priate consultation procedures. The Group should advise
the Commission on the need to improve existing legisla-
tion, and, where necessary, on the need to propose new
initiatives for all modes of transport, including transport
of energy (oil and gas pipelines),

(1) COM(2001) 370, 12 September 2001, p. 69.

A group of experts to advise the Commission on a strategy for
dealing with accidents in the transport sector, hereinafter
referred to as the ‘Group of Experts’, is hereby set up.

Article 2

Mission

The Group of Experts shall advise the Commission on the need
to improve existing legislation, and, where necessary, on the
need to propose new initiatives for all modes of transport,
including the transport of energy (oil and gas pipelines), but
excluding the occupational health and safety aspects.

Article 3

Composition

The Group of Experts shall be composed of qualified indivi-
duals competent to consider matters relating to transport safety
issues, in particular independent technical accidents investiga-
tions in all modes of transport,
including the transport of
energy (oil and gas pipelines). The Group shall have 12
members and be chaired by a representative of the Commis-
sion.

Article 4

Appointment

1.
The members of the Group of Experts shall be appointed
individually by the Commission on the basis of objective
criteria of proven competence and experience. They shall have
a two-year renewable mandate with one possibility of renewal
by a Commission decision.

2. When their mandate lapses, members of the Group of
Experts shall remain in office until such time as they are
replaced or their mandate renewed.

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Official Journal of the European Union

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A member's mandate shall lapse before expiry thereof in
3.
the event of resignation or death. In such case, the member
shall be replaced and shall be appointed by the Commission
pursuant to the procedure mentioned in paragraph 2.

A call

for applications for the membership shall be
4.
published in the Official
the European Union. The
Journal of
Commission shall select the members on the basis of the appli-
cations received following this call. The selection criteria shall
take account of the candidates' competence and experience,
their representativeness and their ability to contribute to stra-
tegic discussions, and will promote a balance in terms of
specialists from the various modes of transport.

The Commission will publish the list of members for

5.
information in the Official Journal of the European Union.

Article 5

Terms of office, working groups and additional experts

1.
The Group of Experts shall meet in plenary session twice
a year at the Commission headquarters on invitation by the
Commission.

In fulfilment of its mission as set out in Article 2, the

2.
Group of Experts may set up ad hoc working groups.

3.
The Chairman may decide to invite other experts to
address particular matters, at the request of a member or on
his or her own initiative.

4.
The members of the Group of Experts and any experts
invited under paragraph 3 shall have their travel and subsis-
tence expenses reimbursed in accordance with the provisions
in force within the Commission.

Article 6

Confidentiality

Without prejudice to the provisions of Article 287 of the EC
Treaty, the members of the Group of Experts shall not divulge
any information they obtain through their work in the Group
of Experts or its working groups.

Article 7

Rules of procedure and secretariat

1.

The Group of Experts shall adopt its rules of procedure.

The secretariat of the Group of Experts shall be provided

2.
by the Commission.

Article 8

Entry into force

The Decision shall take effect on the day of its publication in
the Official Journal of the European Union.

Done at Brussels, 11 June 2003.

For the Commission

Loyola DE PALACIO

Vice-President