Common Position (EC) No 56/2003 of 26 June 2003 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a regulation of the European Parliament and of the Council establishing a European Railway Agency
Date: 2003-06-26
Institutions: Council of the European Union
Subjects: EU office or agency, harmonisation of standards, rail transport, transport safety

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COMMON POSITION (EC) No 56/2003

adopted by the Council on 26 June 2003

with a view to the adoption of a Regulation (EC) No . . ./2003 of the European Parliament and of
the Council of . . . establishing a European Railway Agency (Agency Regulation)

(2003/C 270 E/04)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 71(1) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the Opinion of the European Economic and
Social Committee (2),

Having regard to the Opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4),

Whereas:

(1) The progressive establishment of a European railway area
without frontiers requires Community action in the field
of the technical regulations applicable to railways with
regard to both the technical aspects and the safety
aspects, the two being inextricably linked.

(2) Council Directive 91/440/EEC of 29 July 1991 on the
the Community's railways (5) provides
development of
for progressively opening up rights of access to the infra-
structure to any licensed Community railway undertakings
which wish to operate goods services.

(1) OJ C 126 E, 28.5.2002, p. 323.
(2) OJ C 61, 14.3.2003, p. 131.
(3) OJ C 66, 19.3.2003, p. 5.
(4) Opinion of the European Parliament of 14 January 2003 (not yet
published in the Official Journal), Council common position of 26
June 2003 and Decision of the European Parliament of . . . (not yet
published in the Official Journal).

(5) OJ L 237, 24.8.1991, p. 25. Directive as amended by Directive
2001/12/EC of the European Parliament and of the Council (OJ L
75, 15.3.2001, p. 1).

(3) Council Directive 95/18/EC of 19 June 1995 on the
that all
licensing of
railway undertakings must hold a licence and that a
licence issued in a Member State shall be valid throughout
the Community.

railway undertakings (6) provides

(4) Directive 2001/14/EC of the European Parliament and of
the Council of 26 February 2001 on the allocation of
railway infrastructure capacity and the levying of charges
for the use of railway infrastructure and safety certifi-
cation (7) establishes a new framework with the aim of
creating a European railway area without frontiers.

(5) The technical and operational differences between the
railway systems of the Member States have compartmen-
talised the national rail markets and prevented dynamic
development of this sector on a European scale. Council
Directive 96/48/EC of 23 July 1996 on the interoperability
system (8) and
of
Directive 2001/16/EC of the European Parliament and of
the Council of 19 March 2001 on the interoperability of
rail system (9) define
the Trans-European conventional
requirements and establish a mechanism for
essential
defining mandatory technical specifications for interoper-
ability.

the Trans-European high-speed rail

(6) Simultaneous pursuit of the goals of safety and interoper-
ability requires substantial technical work which must be
led by a specialised body. That is why it is necessary to
create, within the existing institutional
framework and
with respect for the balance of power in the Community,
a European Agency responsible for railway safety and
interoperability (hereinafter referred to as ‘the Agency’).
The creation of such an Agency will provide a means of
considering the safety and interoperability goals for the
European rail network jointly and with a high level of
expertise and in this way contributing to revitalising the
railways and to the general objectives of the common
transport policy.

(6) OJ L 143, 27.6.1995, p. 70. Directive as amended by Directive
2001/13/EC of the European Parliament and of the Council (OJ L
75, 15.3.2001, p. 26).

(7) OJ L 75, 15.3.2001, p. 29. Directive as amended by Commission

Decision 2002/844/EC (OJ L 289, 26.10.2002, p. 30).

(8) OJ L 235, 17.9.1996, p. 6.
(9) OJ L 110, 20.4.2001, p. 1.

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(7)

In order to promote the establishment of a European
railway area without borders and to help revitalise the
railway sector while reinforcing its essential advantages
in terms of safety, the Agency should contribute to the
development of a genuine European railway culture and
form an essential
tool of dialogue, consultation and
exchange between all the actors in the railway sector,
having due regard for their individual competences.

(8) Directive 2003/. . ./EC of the European Parliament and of
. . . on safety on the Community's
the Council of
railways (1)
(‘Railway Safety Directive’) provides for the
development of
common
safety targets and common safety methods. Development
of these tools requires independent technical expertise.

common safety indicators,

(9)

In order to facilitate the procedures for issuing safety
certificates
to
develop a harmonised format for safety certificates and a
harmonised format for applications for safety certificates.

to railway undertakings,

is essential

it

(10) The Railway Safety Directive provides for examination of
national safety measures from the point of view of safety
and interoperability. To this end, an opinion based on
independent and neutral expertise is essential.

(11) In the field of safety, it is important to ensure the greatest
possible transparency and an effective flow of information.
An analysis of performances, based on common indicators
and linking all players in the sector, does not yet exist and
such a tool should be introduced. As regards statistics,
close collaboration with Eurostat is necessary.

(12) The national railway safety organisations, regulators and
other national authorities should be able to request an
require
independent
information concerning several Member States.

opinion when

technical

they

(13) Directive 2001/16/EC provides

that a first group of
technical specifications for interoperability (TSIs) is to be
drawn up not later than 20 April 2004. The Commission
has given a mandate to carry out
this work to the
European Association for Railway Interoperability (AEIF),
which brings
railway
equipment and the infrastructure managers and operators.
Steps should be taken to preserve the experience built up
by professionals from the industry in the context of the
AEIF. The continuity of the work and the development of
the TSIs over
technical
framework.

the manufacturers of

a permanent

together

requires

time

(1) OJ L . . .

(14) The interoperability of the Trans-European network should
be enhanced and the new investment projects chosen for
support by the Community should be in line with the
objective
Decision
No 1692/96/EC of the European Parliament and of the
Council of 23 July 1996 on Community guidelines for
the
transport
network (2).

the Trans-European

interoperability

development

set

of

of

in

(15) In order to ensure continuity, the working parties to be set
up by the Agency should rely as appropriate on the
composition of
the AEIF, supplemented by additional
members.

(16) Rolling stock maintenance is an important part of the
safety system. There is no genuine European market for
the maintenance of rail equipment owing to the lack of a
system for certification of maintenance workshops. This
situation adds to the costs for the sector and results in
journeys without loads. A European certification system
for maintenance workshops should therefore gradually
be developed.

(17) The vocational competences required for train drivers are
a major factor in both safety and interoperability in
Europe. They are also a precondition for
the free
movement of workers
in the railway industry. This
question should be tackled with respect to the existing
framework for
social dialogue. The Agency should
provide the technical support necessary in order to take
account of this aspect at European level.

(18) Registration is first and foremost an act of recognition of
the capability of rolling stock to operate under specified
conditions. The registration should be transparent and
non-discriminatory and fall within the competence of the
public authorities. The Agency should provide technical
support in order to establish a system for registration.

(19) In order to ensure the greatest possible transparency and
equal access for all parties to relevant information, the
documents envisaged for
the interoperability process
should be accessible to the public. The same applies to
licences and safety certificates. The Agency should provide
an efficient means of exchanging this information.

(20) Promotion of innovation in the field of railway safety and
interoperability is an important task which the Agency
should encourage. Any financial
assistance provided
within the framework of the Agency's activities in this
respect should not lead to any distortion in the relevant
market.

(2) OJ L 228, 9.9.1996, p. 1. Decision as amended by Decision

No 1346/2001/EC (OJ L 185, 6.7.2001, p. 1).

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(21) In order to perform its tasks properly, the Agency should
have legal personality and an autonomous budget funded
mainly through a contribution by the Community.
In
order to ensure independence in its daily management
and in the opinions and recommendations which it
issues, the Agency's Executive Director should have full
responsibility and the Agency's staff should be inde-
pendent.

the Agency,

(22) In order to ensure effectively the accomplishment of the
the Member States and the
functions of
Commission should be represented on an Administrative
Board vested with the necessary powers to establish the
budget, verify
appropriate
financial rules, establish transparent working procedures
for decision-making by the Agency, approve its work
programme, adopt its budget, define a policy for visits
to the Member States and appoint the Executive Director.

execution,

adopt

the

its

(23) In order to guarantee the transparency of the Adminis-
the sectors
trative Board's decisions, representatives of
concerned should attend its deliberations, but without
the right to vote, that right being reserved to the represen-
tatives of public authorities who are answerable to the
democratic control authorities. The representatives of the
sector should be appointed by the Commission on the
for
basis of
railway
railway undertakings,
industry, workers
freight
customers.

infrastructure managers,
and
passengers

their representativeness at European level

unions,

(24) The Agency's work should be transparent. Effective control
by the European Parliament should be ensured and, to this
end, the European Parliament should have the possibility
of hearing the Executive Director of
the Agency. The
Agency should also apply the relevant Community legis-
lation concerning public access to documents.

the budgetary authority has

(25) Over the past years, as more decentralised agencies have
been created,
looked to
improve transparency and control over the management
of the Community funding allocated to them, in particular
concerning the budgetisation of the fees, financial control,
power of discharge, pension scheme contributions and the
In a
internal budgetary procedure (code of conduct).
similar way, Regulation (EC) No 1073/1999 of
the
the Council of 25 May
European Parliament and of
1999 concerning
the
by
should apply
European Anti-Fraud Office

investigations

(OLAF) (1)

conducted

without restriction to the Agency, which should accede to
the Interinstitutional Agreement of 25 May 1999 between
the European Parliament, the Council of the European
Union and the Commission of the European Communities
the European
internal
concerning
Anti-Fraud Office (2).

investigations by

specialised body to formulate

(26) Since the objectives of the action proposed, namely to
common
establish a
solutions on matters concerning railway safety and inter-
operability, cannot be sufficiently achieved by the Member
States by reason of the joint nature of the work to be
done,
at
Community level, the Community may adopt measures
in accordance with the principle of subsidiarity as set
out in Article 5 of the Treaty. In accordance with the
principle of proportionality as set out
in that Article,
this Regulation does not go beyond what is necessary in
order to achieve those objectives,

therefore

achieved

better

and

can

be

HAVE ADOPTED THIS REGULATION:

CHAPTER 1

PRINCIPLES

Article 1

Establishment and objectives of the Agency

This Regulation establishes a European Railway Agency, here-
inafter referred to as ‘the Agency’.

The objective of the Agency shall be to contribute, on technical
matters, to the implementation of the Community legislation
aimed at improving the competitive position of the railway
sector by enhancing the level of interoperability of railway
systems and at developing a common approach to safety on
the European railway system, in order to contribute to creating
a European railway area without frontiers and guaranteeing a
high level of safety.

In pursuing these objectives, the Agency shall take full account
of the process of enlargement of the European Union and of
links with third
the specific constraints
countries.

relating to rail

Article 2

Type of acts of the Agency

The Agency may:

(a) address recommendations to the Commission concerning
the application of Articles 6, 7, 12, 14, 16, 17 and 18;

(b) issue opinions to the Commission pursuant to Articles 8,
13 and 15, and to the authorities concerned in the Member
States pursuant to Article 10.

(1) OJ L 136, 31.5.1999, p. 1.

(2) OJ L 136, 31.5.1999, p. 15.

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Article 3

Composition of the working parties

Commission to the committee referred to in Article 21 of
Directive 96/48/EC.

1.
For drawing up the recommendations provided for in
the Agency shall
Articles 6, 7, 12, 14, 16, 17 and 18,
establish a limited number of working parties. These working
parties shall take as a basis, on the one hand, the expertise built
up by professionals from the railway sector, in particular the
experience gained by the European Association for Railway
Interoperability (AEIF), and, on the other hand, the expertise
of the competent national authorities. The Agency shall ensure
that its working parties are competent and representative and
that they include adequate representation of those sectors of
the industry and of those users which will be affected by
measures which might be proposed by the Commission on
the basis of
the recommendations addressed to it by the
Agency. The work of the working parties shall be transparent.

2.
The Agency shall forward the adopted work programme
to the representative bodies from the railway sector acting on a
European level. The list of these bodies shall be drawn up by
the Committee referred to in Article 21 of Directive 96/48/EC.
Each body and/or group of bodies shall forward to the Agency
a list of the most qualified experts mandated to represent them
in each working party.

3.
The national safety authorities defined in Article 16 of
the Railway Safety Directive shall appoint their representatives
for the working parties in which they wish to participate.

The Agency may, if necessary, add to the working parties
in the field

4.
independent experts recognised as competent
concerned.

Article 5

Consultation of rail freight customers and passengers

Whenever the work provided for in Articles 6 and 12 has a
freight customers and passengers, the
direct impact on rail
Agency shall consult
the organisations representing them.
The list of organisations to be consulted shall be drawn up
by the committee referred to in Article 21 of Directive
96/48/EC.

These consultations shall be held before the Agency submits its
take due
proposals to the Commission. The Agency shall
times, be
these consultations, and shall, at all
account of
available
to expound on its proposals. The opinions
expressed by the organisations concerned shall be forwarded
by the Agency to the Commission and by the Commission to
the committee referred to in Article 21 of Directive 96/48/EC.

CHAPTER 2

SAFETY

Article 6

Technical support

1.
The Agency shall recommend to the Commission the
common safety methods (CSMs) and the common safety
targets
the
Railway Safety Directive.

in Articles 6 and 7 of

(CSTs) provided for

The working parties shall be chaired by a representative

5.
of the Agency.

2.
The Agency shall recommend to the Commission, at the
request of the Commission or of the committee referred to in
Article 21 of Directive 96/48/EC or on its own initiative, other
measures in the field of safety.

Article 4

Consultation of the social partners

Whenever the work provided for in Articles 6, 12 and 17 has a
direct impact on the social environment or working conditions
the social
in the railway sector,
partners within the
sectoral dialogue
committee
to Commission Decision
up
98/500/EC (1).

the Agency shall consult
framework of
pursuant

the

set

These consultations shall be held before the Agency submits its
recommendations to the Commission. The Agency shall take
due account of these consultations, and shall, at all times, be
available to expound on its recommendations. The opinions
expressed by the
shall be
sectoral dialogue
forwarded by the Agency to the Commission and by the

committee

(1) OJ L 225, 12.8.1998, p. 27.

3.
the
For the transitional period preceding adoption of
CSTs, of the CSMs and of the technical specifications for inter-
operability (TSIs), as well as for matters concerning equipment
and infrastructure not covered by the TSIs, the Agency may
submit any appropriate recommendation to the Commission.
The Agency shall ensure consistency between these recommen-
dations and the TSIs already existing or being drawn up.

4.
The Agency shall present a detailed cost-benefit analysis
in support of the recommendations which it submits pursuant
to this Article.

5.
The Agency shall organise and facilitate cooperation
between the national safety authorities and the investigating
bodies defined in Articles 16 and 21 of the Railway Safety
Directive.

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Article 7

Safety certificates

work and to ensure methodological consistency between the
common safety indicators and the indicators used in other
modes of transport.

With a view to the application of Articles 10 and 15 of the
Railway Safety Directive concerning the harmonisation of
safety certificates, the Agency shall draft and recommend a
harmonised format for safety certificates,
including an elec-
tronic version, and a harmonised format for applications for
safety certificates, including a list of the essential details to be
provided.

Article 8

National safety rules

1.
At the request of the Commission, the Agency shall carry
out a technical examination of the new national safety rules
submitted to the Commission in accordance with Article 8 of
the Railway Safety Directive.

2.
The Agency shall examine the compatibility of the above-
mentioned rules with the CSMs defined by the Railway Safety
Directive and with the TSIs in force. The Agency shall also
examine whether these rules enable the CSTs defined by the
said Directive to be achieved.

If, after taking account of

the reasons given by the
3.
Member State, the Agency considers that any of these rules
either is incompatible with the TSIs or the CSMs or does not
allow CSTs to be reached, it shall submit an opinion to the
Commission within two months of transmission of the rules to
the Agency by the Commission.

Article 10

Technical opinions

The national regulatory bodies referred to in Article 30 of
1.
Directive 2001/14/EC may request a technical opinion from
the Agency concerning the safety-related aspects of matters
drawn to their attention.

2.
The committees provided for in Article 35 of Directive
2001/14/EC and Article 11a of Directive 91/440/EEC may
request a technical opinion from the Agency concerning safety-
related aspects within their respective areas of competence.

The Agency shall give its opinion within two months.
3.
This opinion shall be made public by the Agency in a
version from which all commercially confidential material has
been removed.

Article 11

Public database of documents

The Agency shall be responsible for keeping a public

1.
database of the following documents:

(a) the licences issued in accordance with Directive 95/18/EC;

Article 9

Monitoring of safety performance

(b) the safety certificates issued in accordance with Article 10

of the Railway Safety Directive;

1.
The Agency shall establish a network with the national
authorities responsible for safety and the national authorities
responsible for the investigations provided for by the Railway
Safety Directive in order to define the content of the common
safety indicators listed in Annex I to that Directive and to
collect relevant data on railway safety.

2.
On the basis of the common safety indicators, national
reports on safety and accidents and its own information, the
Agency shall submit every two years a report on safety
performance, which shall be made public. The first such
report shall be published during the Agency's third year of
operation.

(c)

the investigation reports sent to the Agency in accordance
with Article 24 of the Railway Safety Directive;

(d) the national rules notified to the Commission in accordance

with Article 8 of the Railway Safety Directive.

The national authorities

2.
issuing the
documents referred to in paragraph 1(a) and (b) shall notify
the Agency within one month of each individual decision to
issue, renew, amend or revoke them.

responsible for

3.
The Agency shall draw on the data collected by Eurostat
and shall cooperate with Eurostat to avoid any duplication of

3.
The Agency may add to this public database any public
document or link relevant to the objectives of this Regulation.

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CHAPTER 3

INTEROPERABILITY

Article 12

and publish a report on progress with interoperability. The first
such report shall be published during the Agency's second year
of activity.

Technical support provided by the Agency

Article 15

shall

contribute

The Agency
and
implementation of rail interoperability in accordance with the
principles and definitions laid down in Directives 96/48/EC and
2001/16/EC. To this end, the Agency shall:

to the development

(a) organise and conduct, on a mandate from the Commission,
the work of the working parties referred to in Article 3 on
drafting the TSIs and forward the draft TSIs
to the
Commission;

(b) ensure that the TSIs are adapted to technical progress and
market trends and to the social requirements and propose
to the Commission the amendments to the TSIs which it
considers necessary;

(c) ensure

coordination between

and
updating of the TSIs on the one hand and the development
of the European standards which prove necessary for inter-
operability on the other and maintain the relevant contacts
with the European standardisation bodies;

development

the

Interoperability of the trans-European network

At the request of the Commission, the Agency shall examine,
from the point of view of interoperability, any railway infra-
structure project for which Community financial support is
requested. The Agency shall give an opinion on the conformity
of the project with the relevant TSIs within two months of the
the
request. This opinion shall
derogations provided for in Article 7 of Directive 96/48/EC
and of Directive 2001/16/EC.

take fully into account

Article 16

Certification of maintenance workshops

Within 3 years from the start of its activities, the Agency shall
develop a European system for certification of maintenance
workshops for rolling stock and shall make recommendations
with a view to the implementation of the system.

recommendations

These
following items:

shall

address

in particular

the

(d) assist the Commission in organising and facilitating the
cooperation of notified bodies, as described in Article
20(5) of Directives 96/48/EC and 2001/16/EC;

— structured management system,

— staff with the necessary competences,

(e) advise and address recommendations to the Commission
relating to the working conditions of all staff executing
safety-critical tasks.

— facilities and tools,

Article 13

Monitoring the work of notified bodies

Without prejudice to the responsibility of Member States for
the notified bodies which they designate, the Agency may, at
the request of the Commission, monitor the quality of the
work of notified bodies.
It shall submit an opinion to the
Commission where appropriate.

Article 14

Monitoring interoperability

The Agency shall recommend, at

1.
the
Commission, procedures for implementing interoperability of
the railway systems by facilitating coordination between
railway undertakings and between infrastructure managers, in
particular to organise systems migration.

the request of

2.
The Agency shall monitor progress with the interoper-
ability of the railway systems. Every two years it shall present

— technical documentation and maintenance prescriptions.

Article 17

Vocational competences

1.
The Agency shall draw up recommendations concerning
the determination of common uniform criteria for the voca-
tional competences and the assessment of the staff involved in
the operation and maintenance of the railway system. In doing
so it shall give priority to drivers and trainers. The Agency shall
consult the representatives of the social partners in accordance
with the arrangements laid down in Article 4.

The Agency shall draw up recommendations with a view
training

2.
to putting in place a system for accreditation of
centres.

The Agency shall promote and support exchanges of
from
between railway

companies

and

3.
drivers
different Member States.

trainers

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Article 18

Registration of rolling stock

ability and safety, particularly the use of new information tech-
nologies and tracking and tracing systems.

standard format

The Agency shall draw up and recommend to the Commission
in
a
accordance with Article 14 of Directives 96/48/EC and
2001/16/EC.

the national vehicle

register

for

Article 19

Register of documents on interoperability

1.
The Agency shall keep a public list of the following
documents provided for by Directives 2001/16/EC and
96/48/EC:

(a) the ‘EC’ declarations of verification of subsystems;

(b) the ‘EC’ declarations of conformity of constituents;

(c) the authorisations for putting into service,

including the

corresponding registration numbers;

(d) the registers of infrastructure and rolling stock.

2.
The bodies concerned shall submit these documents to
the Agency, which shall determine in agreement with Member
States the practical procedures for submitting them.

3. When transmitting
referred to in
the bodies concerned may indicate which
paragraph 1,
documents are not to be disclosed to the public for reasons
of security.

the documents

4.
The Agency shall set up an electronic database for the
documents, taking full account of paragraph 3. This database
shall be accessible to the public through a website.

CHAPTER 4

STUDIES AND PROMOTION OF INNOVATION

Article 20

Studies

Where required for implementation of the tasks set by this
Regulation, the Agency shall order studies, financed from its
own budget.

Article 21

Promotion of innovation

CHAPTER 5

INTERNAL STRUCTURE AND OPERATION

Article 22

Legal status

The Agency shall be a body of the Community. It shall

1.
have legal personality.

2.
In each of the Member States, the Agency shall enjoy the
most extensive legal capacity accorded to legal persons under
their laws. It may in particular, acquire or dispose of movable
and immovable property and may be a party to legal
proceedings.

The Agency shall be

3.
Director.

represented by its Executive

Article 23

Privileges and immunities

The Protocol on the Privileges and Immunities of the European
Communities shall apply to the Agency and its staff.

Article 24

Staff

The Staff Regulations of Officials of

the European
1.
Communities,
the Conditions of Employment of Other
Servants of the European Communities and the rules adopted
jointly by the institutions of the European Communities for
those Staff Regulations and
purposes of
Conditions of Employment shall apply to the staff of
the
Agency.

the application of

2. Without prejudice to Article 26, the powers conferred on
the appointing authority and on the contracting authority by
the said Staff Regulations and Conditions of Employment shall
be exercised by the Agency in respect of its own staff.

3. Without prejudice to Article 26(1), the Agency's staff
shall consist of:

— temporary employees

recruited by the Agency for a
maximum of five years from among professionals from
the sector on the basis of their qualifications and experience
in the field of railway safety and interoperability;

The Commission may entrust the Agency, in accordance with
the Agency's work programme and budget, with the task of
promoting innovations aimed at improving railway interoper-

— officials assigned or

seconded by the Commission or

Member States for a maximum of five years;

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— and of other servants, as defined in the Conditions of
European
the
implementing or secretarial

of Other
to carry out

Servants

of

Employment
Communities,
tasks.

of the Commission, as well as of six representatives appointed
by the Commission, without the right to vote, each of whom
represents at European level one of the following groups:

4.
The experts who participate in the working parties
organised by the Agency shall not belong to the Agency's
staff. Their travel and subsistence expenses, based on rules
and scales adopted by the Administrative Board, shall be met
by the Agency.

Article 25

Creation and powers of the Administrative Board

An Administrative Board is hereby set up.

The Administrative Board shall:

1.

2.

— railway undertakings

— infrastructure managers

— railway industry

— worker unions

— passengers

— freight customers.

(a) appoint the Executive Director pursuant to Article 31;

Board members shall be appointed on the basis of their degree
of relevant experience and expertise.

(b) adopt, by 30 April each year, the general report of the
Agency for
to the
Member States, the European Parliament, the Council and
the Commission;

the previous year and forward it

Each Member State and the Commission shall appoint
the Administrative Board as well as an

2.
their members of
alternate.

the European Parliament,

(c) adopt, by 31 October each year, and taking the opinion of
the Commission into account, the work programme of the
Agency for the coming year and forward it to the Member
States,
the Council and the
Commission. This work programme shall be adopted
without prejudice to the annual Community budgetary
procedure. If the Commission expresses, within 15 days
from the date of adoption of the work programme,
its
the Administrative
disagreement with the programme,
Board shall
it,
possibly amended, on a second reading either with a
including the Commission represen-
two-thirds majority,
tatives, or by unanimity of
the
Member States;

re-examine the programme and adopt

the representatives of

(d) exercise its functions in relation to the Agency's budget,

pursuant to Chapter 6;

(e) establish procedures for decision-making by the Executive

Director;

(f) define a policy for the visits to be carried out pursuant to

Article 33;

(g) exercise disciplinary authority over the Executive Director

and the Heads of Unit referred to in Article 30(3);

(h) establish its rules of procedure.

Article 26

Composition of the Administrative Board

1.
The Administrative Board shall be composed of one
representative of each Member State and four representatives

The term of office shall be five years and may be renewed

3.
once.

4. When appropriate, the participation of representatives of
third countries and the conditions thereof shall be established
in the arrangements referred to in Article 36(2).

Article 27

Chairperson of the Administrative Board

1.
The Administrative Board shall elect a Chairperson and a
Deputy Chairperson from among its members. The Deputy
Chairperson shall replace the Chairperson in the event of the
Chairperson being unable to attend to his/her duties.

2.
The term of office of the Chairperson and Deputy Chair-
If,
person shall be three years and may be renewed once.
however, their membership of the Administrative Board ends
at any time during their term of office as Chairperson or
Deputy Chairperson,
then their term of office shall auto-
matically expire on that date also.

Article 28

Meetings

1. Meetings of the Administrative Board shall be convened
by its Chairperson. The Executive Director of the Agency shall
participate in the meetings.

2.
The Administrative Board shall meet at least twice a year.
It shall also meet at the instance of the Chairperson, at the
request of the Commission, at the request of the majority of its
members or of one-third of the Member States' representatives
on the Board.

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Article 29

Voting

Power to dismiss the Executive Director shall
Administrative Board, according to the same procedure.

lie with the

Unless stated otherwise, the Administrative Board shall take its
decisions by a two-thirds majority of its members entitled to
vote. Each member entitled to vote shall have one vote.

The Executive Director shall appoint the other members

2.
of the Agency's staff in accordance with Article 24.

Article 30

The term of office of the Executive Director shall be five

3.
years. This term of office is renewable once.

Functions and powers of the Executive Director

1.
The Agency shall be managed by its Executive Director,
who shall be completely independent in the performance of
his/her duties, without prejudice to the respective competences
of the Commission and the Administrative Board.

2.

The Executive Director shall:

(a) prepare the work programme and, after consultation of the

Commission, submit it to the Administrative Board;

(b) make the necessary arrangements for implementation of
the work programme and, as far as possible, respond to
requests for assistance from the Commission in relation to
the tasks of the Agency in accordance with this Regulation;

(c) take the necessary steps,

in particular the adoption of
internal administrative instructions and the publication of
orders, to ensure that the Agency operates in accordance
with this Regulation;

(d) establish an effective monitoring system in order

to
compare the Agency's results with its operational objectives
and establish a regular assessment system corresponding to
the
recognised professional
Executive Director shall prepare each year a draft general
report and submit it to the Administrative Board;

standards. On this basis

(e) exercise the powers laid down in Article 24(2) in respect of

the Agency staff;

(f) draw up estimates of the revenue and expenditure of the
Agency pursuant to Article 38 and implement the budget
pursuant to Article 39.

3.
The Executive Director may be assisted by one or more
Heads of Unit. If the Executive Director is absent or unable to
attend to his/her duties, one of the Heads of Unit shall take
his/her place.

Article 31

Appointments of the Agency staff

1.
The Executive Director shall be appointed by the Admin-
istrative Board on the grounds of merit and documented
administrative and managerial skills, as well as competence
and experience relevant to the railway sector. The Adminis-
trative Board shall take its decision by a four-fifths majority
of all members entitled to vote. The Commission may propose
a candidate or candidates.

Article 32

Hearing of the Executive Director

Each year the Executive Director shall present to the European
Parliament a general report on the Agency's activities. The
European Parliament or the Council may also ask at any
time for a hearing of the Executive Director on any subject
related to the Agency's activities.

Article 33

Visits to Member States

1.
In order to perform the tasks entrusted to it by Articles 8,
9, 10, 13 and 15, the Agency may carry out visits to the
Member States in accordance with the policy defined by the
Administrative Board. The national authorities of the Member
States shall facilitate the work of the Agency's staff.

2.
The Agency shall inform the Member State concerned of
the planned visit, the names of the delegated Agency officials,
and the date on which the visit is to start. The Agency officials
delegated to carry out such visits shall do so on presentation of
a decision from the Executive Director specifying the purpose
and the aims of their visit.

3.
At the end of each visit, the Agency shall draw up a
report and send it to the Commission and to the Member
State concerned.

Article 34

Liability

The contractual liability of the Agency shall be governed

1.
by the law applicable to the contract in question.

2.
The Court of Justice of the European Communities shall
have jurisdiction to give judgment pursuant to any arbitration
clause contained in a contract concluded by the Agency.

3.
In the case of non-contractual liability, the Agency shall,
in accordance with the general principles common to the laws
of the Member States, make good any damage caused by its
departments or by its staff in the course of performance of
their duties.

4.
The Court of Justice of the European Communities shall
have jurisdiction in disputes relating to compensation for the
damage referred to in paragraph 3.

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The personal liability of its staff towards the Agency shall
5.
be governed by the provisions laid down in the Staff Regu-
lations or Conditions of Employment applicable to them.

— a contribution from the Community;

Article 35

Languages

The Administrative Board shall decide on the linguistic
1.
arrangements for the Agency. At the request of a Member of
the Administrative Board,
this decision shall be taken by
unanimity. The Member States may address the Agency in
the Community language of their choice.

— any contribution from third countries participating in the

work of the Agency, as provided for by Article 36;

— charges for publications, training and any other services

provided by the Agency.

The expenditure of the Agency shall include staff, admin-

2.
istrative, infrastructure and operational expenses.

2.
The translation services required for the functioning of
the Agency shall be provided by the Translation Centre for the
Bodies of the European Union.

The Executive Director shall draw up an estimate of the
3.
revenue and expenditure of
the Agency for the following
calendar year and shall submit it to the Administrative Board
together with an establishment plan.

Article 36

Participation by third countries

4.

Revenue and expenditure shall be in balance.

The Agency shall be open to participation by European
1.
countries which have
agreements with the
concluded
Community, whereby the countries concerned have adopted
and are applying Community legislation in the field covered
by this Regulation.

5.
The Administrative Board shall adopt, by 31 March at the
latest, the draft budget for the following calendar year and
submit it to the Commission, which, on the basis of it, shall
enter the corresponding estimates in the preliminary draft
general budget of the European Union, which it shall submit
to the Council in accordance with Article 272 of the Treaty.

2.
In accordance with the relevant provisions of the above-
mentioned agreements, arrangements shall be made which shall
specify the detailed rules for participation by these countries in
the work of the Agency, in particular the nature and extent of
such participation. These arrangements shall include, inter alia,
provisions on financial contributions and staff. They may
provide for representation, without vote, on the Administrative
Board.

Article 37

Transparency

The Administrative Board shall adopt, by 15 January at
6.
the latest, the Agency's budget for the current calendar year,
adjusting it, where necessary, to the Community contribution
decided on by the budgetary authority.

Article 39

Implementation and control of the budget

The Executive Director shall implement the budget of the

1.
Agency.

Regulation (EC) No 1049/2001 of the European Parliament and
of the Council of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents (1)
shall apply to the documents held by the Agency.

Control of commitment and payment of all expenditure
2.
and control of the existence and receipt of all revenue of the
Agency shall be carried out by the Financial Controller of the
Commission.

The Administrative Board shall adopt the practical measures for
implementation of that Regulation.

CHAPTER 6

FINANCIAL PROVISIONS

Article 38

Budget

3.
By 31 March at the latest, the Executive Director shall
submit to the Commission, the Administrative Board and the
Court of Auditors the detailed accounts of all revenue and
expenditure from the previous budgetary year.

The Court of Auditors
in
accordance with Article 248 of the Treaty. It shall publish a
report on the Agency's activities every year.

shall examine these accounts

1.

The revenue of the Agency shall consist of:

(1) OJ L 145, 31.5.2001, p. 43.

4.
The European Parliament, acting on a recommendation
from the Council, shall give a discharge to the Executive
Director in respect of the implementation of the budget.

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Article 40

Financial Regulation

state that the Court of Auditors and OLAF may, if necessary,
carry out on-the-spot checks on the recipients of the Agency's
funding.

The Administrative Board, after receiving the agreement of the
Commission and the endorsement of the Court of Auditors,
shall adopt the Agency's Financial Regulation, which shall, in
particular, specify the procedure to be used for drawing up and
implementing the Agency's budget, in accordance with Article
the Financial Regulation applicable to the general
185 of
budget of
the European Communities. The annual appro-
priations for the Agency shall be authorised by the budgetary
authority within the limits of
the
financial perspective.

the relevant heading of

Article 41

Combating fraud

For the purposes of combating fraud, corruption and
1.
other unlawful acts, Regulation (EC) No 1073/1999 shall
apply in full.

shall

The Agency

2.
Interinstitutional
accede
Agreement of 25 May 1999 concerning internal investigations
by
and shall
immediately adopt the necessary provisions applicable to all
Agency staff.

the European Anti-Fraud Office

to the

(OLAF)

CHAPTER 7

GENERAL AND FINAL PROVISIONS

Article 42

Start of the Agency's activities

The Agency shall be operational within 24 months of the entry
into force of this Regulation.

Article 43

Evaluation

Five years after the Agency takes up its duties, the Commission
shall carry out an evaluation of implementation of this Regu-
lation, the results obtained by the Agency and its working
methods. This evaluation shall take account of the views of
the representatives of
the social
the railways
partners and of customers' organisations. The findings of the
evaluation shall be made public. The Commission shall
propose, if necessary, an amendment to this Regulation.

sector, of

Article 44

3.
The decisions concerning funding and the implementing
agreements and instruments resulting from them shall explicitly

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at . . .

For the European Parliament

The President

For the Council

The President

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STATEMENT OF THE COUNCIL'S REASONS (1)

(1) See page 3 of this Official Journal.