CELEX: 
Language: en
Date: 2015-11-26
Title: Position of the Council at first reading with a view to the adoption of a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004

Council of the
                 European Union
                                                           Brussels, 26 November 2015
                                                           (OR. en)
                                                           10578/15
       Interinstitutional File:
          2013/0014 (COD)
                                                           TRANS 229
                                                           CODEC 986
LEGISLATIVE ACTS AND OTHER INSTRUMENTS
Subject:            Position of the Council at first reading with a view to the adoption of a
                    REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE
                    COUNCIL on the European Union Agency for Railways and repealing
                    Regulation (EC) No 881/2004
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                                              DGE 2                                           EN
 ---pagebreak---                                    REGULATION (EU) 2015/….
                OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
                                                  of …
                           on the European Union Agency for Railways
                            and repealing Regulation (EC) No 881/2004
                                      (Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 91(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee 1,
Having regard to the opinion of the Committee of the Regions 2,
Acting in accordance with the ordinary legislative procedure 3,
1
        OJ C 327, 12.11.2013, p. 122.
2
        OJ C 356, 5.12.2013, p. 92.
3
        Position of the European Parliament of 26 February 2014 (not yet published in the Official
        Journal) and position of the Council at first reading of … (not yet published in the Official
        Journal). Position of the European Parliament of … (not yet published in the Official
        Journal) and decision of the Council of ….
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                                                  DGE 2                                           EN
 ---pagebreak--- Whereas:
(1)     The progressive establishment of a single European railway area requires Union action in
        the field of the rules applicable to railways with regard to technical safety and
        interoperability aspects, the two being inextricably linked and both requiring a higher level
        of harmonisation at Union level. Relevant railway legislation has been adopted in the last
        two decades, in particular three railway packages of which Directive 2004/49/EC of the
        European Parliament and of the Council 1 and Directive 2008/57/EC of the
        European Parliament and of the Council 2 are the most relevant in this regard.
(2)     The simultaneous pursuit of the goals of railway safety and interoperability requires
        substantial technical work led by a specialised body. That is why it was necessary, as part
        of the Second Railway Package in 2004, to create within the existing institutional
        framework, and with respect for the balance of power in the Union, a European agency
        dealing with railway safety and interoperability.
1
      Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on
      safety on the Community’s railways and amending Council Directive 95/18/EC on the
      licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway
      infrastructure capacity and the levying of charges for the use of railway infrastructure and
      safety certification (Railway Safety Directive) (OJ 164, 30.4.2004, p. 44).
2
      Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the
      interoperability of the rail system within the Community (OJ L 191, 18.7.2008, p. 1).
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                                                 DGE 2                                          EN
 ---pagebreak--- (3)     Regulation (EC) No 881/2004 of the European Parliament and of the Council 1 establishes a
        European railway agency (‘the Agency’) 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 Fourth Railway Package
        contains important changes designed to improve the functioning of the single European
        railway area through amendments by way of recast to Directive 2004/49/EC and
        Directive 2008/57/EC, both of which are directly linked to the tasks of the Agency. Those
        Directives provide in particular for the performance of tasks relating to the issuing of
        vehicle authorisations and safety certificates at Union level. It involves a greater role for
        the Agency. Due to the substantial number of changes that it introduces to the tasks and
        internal organisation of the Agency, Regulation (EC) No 881/2004 should be repealed and
        replaced by a new legal act.
(4)     The Agency should contribute to the development of a genuine European railway culture
        providing an essential tool for dialogue, consultation and the exchange of views between
        all the actors in the railway sector, having due regard to their respective functions, as well
        as the technical characteristics of the railway sector. When performing its tasks, and
        particularly when drafting recommendations and opinions, the Agency should take utmost
        account of external railway expertise, in particular that of professionals from the railway
        sector and from the relevant national authorities. The Agency should therefore set up
        competent and representative working parties and groups composed predominantly of
        those professionals.
1
      Regulation (EC) No 881/2004 of the European Parliament and of the Council
      of 29 April 2004 establishing a European railway agency (Agency Regulation) (OJ L 164,
      30.4.2004, p. 1).
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                                                 DGE 2                                             EN
 ---pagebreak--- (5)     In order to provide insight into the economic effects on the railway sector and its impact on
        society, to allow others, in particular the Commission, the Management Board of the
        Agency (‘the Management Board’) and the Executive Director of the Agency
        (‘the Executive Director’) to make informed decisions, and to manage the work priorities
        and resource allocation within the Agency more effectively, the Agency should further
        develop its engagement in impact-assessment activity.
(6)     The Agency should provide independent and objective technical support predominantly to
        the Commission. Directive (EU) 2015/… of the European Parliament and of the Council 1∗
        provides for the drafting and revision of technical specifications for interoperability
        (‘TSIs’), while Directive (EU) 2015/… of the European Parliament and of the Council 2∗∗
        provides for the drafting and revision of common safety methods (‘CSMs’), common
        safety targets (‘CSTs’) and common safety indicators (‘CSIs’). The continuity of the work
        and of the development of TSIs, CSMs, CSTs and CSIs requires a permanent technical
        framework and a specialised body with a dedicated staff possessing a high level of
        expertise. To that end, the Agency should be responsible for providing the Commission
        with recommendations and opinions in relation to the drafting and revision of TSIs, CSMs,
        CSTs and CSIs. The Agency should also provide an independent technical opinion, upon
        request from the national safety authorities and regulatory bodies.
1
      Directive (EU) 2015/… of the European Parliament and of the Council of … on the
      interoperability of the rail system (OJ …).
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD) and complete
      footnote.
2
      Directive (EU) 2015/… of the European Parliament and of the Council of … on railway
      safety (OJ …).
∗∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD) and complete
      footnote.
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                                                 DGE 2                                          EN
 ---pagebreak--- (7)     In order to make the issuing of single safety certificates to railway undertakings more
        efficient and impartial, it is essential that the Agency be assigned a central role. Where the
        area of operation is limited to one Member State, the railway undertaking concerned
        should have the possibility of choosing whether to submit its application for a single safety
        certificate to the Agency or to the national safety authority. Directive (EU) 2015/… ∗ is to
        provide for this.
(8)     Currently, Directive 2008/57/EC provides, in the case of rail vehicles, for the granting of
        authorisation for the placing in service of such vehicles in each Member State, except in
        certain specific cases. The task force on vehicle authorisation set up by the Commission
        in 2011 discussed several cases where manufacturers and railway undertakings have
        suffered as a result of the excessive duration and cost of the authorisation process and
        proposed a number of improvements. As some problems are due to the complexity of the
        current vehicle authorisation process, it should be simplified and, where possible, unified
        under a single procedure. Each rail vehicle should only receive one authorisation. Where
        the area of use is limited to a network or networks within one Member State only, the
        applicant should have the possibility of choosing whether to submit its application for
        vehicle authorisation, through the one-stop shop referred to in this Regulation, to the
        Agency or to the national safety authority. This would bring tangible benefits for the sector
        by reducing the cost and duration of the procedure, and would diminish the risk of
        potential discrimination, especially against new companies wishing to enter a railway
        market. Directive (EU) 2015/…∗∗ is to provide for this.
∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
∗∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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                                                  DGE 2                                           EN
 ---pagebreak--- (9)     It is essential that Directive (EU) 2015/… ∗ and Directive (EU) 2015/… ∗∗ should not lead
        to a reduced level of safety in the Union rail system. In that respect, the Agency should
        take full responsibility for the vehicle authorisations and single safety certificates it issues,
        assuming inter alia both contractual and non-contractual liability in respect thereof.
(10)    With regard to liability of the staff of the Agency when carrying out the tasks assigned to
        the Agency, Protocol No 7 on the privileges and immunities of the European Union should
        apply. The application of that Protocol should not lead to undue delays or the imposition of
        unjustified restrictions on the conduct of national judicial proceedings. In the event of
        judicial proceedings involving the staff of the Agency, in which a member of the staff is
        requested to appear before a national court, the Management Board should decide without
        undue delay to waive that member of the staff’s immunity, provided that such waiver will
        not compromise the interests of the Union. Such a decision should be duly justified and
        should be amenable to judicial review before the Court of Justice of the European Union.
(11)    The Agency should cooperate loyally with the national judicial authorities, in particular in
        cases in which the participation of the Agency is necessary by reason of the Agency having
        exercised its powers in relation to vehicle authorisations, single safety certificates issued
        by it and decisions for the approval of European Rail Traffic Management System
        (ERTMS) trackside equipment projects. Where the Agency or a member of its staff is
        requested to provide information in the context of relevant national proceedings, the
        Agency should ensure that such request for information or, if necessary, participation in
        proceedings, is handled with due diligence and within a reasonable period of time. To that
        end, the Management Board should adopt appropriate procedures to be used in such cases.
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
∗∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
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                                                  DGE 2                                              EN
 ---pagebreak--- (12)    In order to further pursue the development of the single European railway area, in
        particular in relation to providing appropriate information to freight customers and
        passengers, and to avoid fragmented development of telematics applications, it is necessary
        to give the Agency a strengthened role in the field of such applications. The Agency, as a
        competent body at Union level, should be given a prominent role so as to ensure
        consistency in the development and deployment of all telematics applications. To that end,
        the Agency should be empowered to act as the system authority for telematics applications,
        and should, in that capacity, maintain, monitor and manage all corresponding subsystems
        requirements at Union level.
(13)    Given the importance of the ERTMS for the smooth development of the single European
        railway area and its safety, and in order to avoid fragmented development of the ERTMS,
        it is necessary to strengthen overall coordination at Union level. Therefore, the Agency, as
        the Union body with the greatest expertise in the field, should be given a more prominent
        role in this field so as to ensure consistency in the development of the ERTMS, to
        contribute to ensuring that ERTMS equipment complies with the specifications in force
        and to ensure that ERTMS-related European research programmes are coordinated with the
        development of ERTMS technical specifications. In particular, the Agency should prevent
        additional national requirements in relation to the ERTMS from jeopardising its
        interoperability. However, incompatible national requirements should be applied only on a
        voluntary basis or repealed.
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                                                 DGE 2                                         EN
 ---pagebreak--- (14)    In order to make the procedures for issuing authorisations for the placing in service of
        trackside control-command and signalling subsystems more efficient and to harmonise
        those procedures at Union level, it is essential that, before any call for tenders relating to
        ERTMS trackside equipment, the Agency check that the technical solutions envisaged are
        fully compliant with the relevant TSIs and are therefore fully interoperable. Directive (EU)
        2015/… ∗ is to provide for this. The Agency should establish a group composed of notified
        conformity assessment bodies active in the field of the ERTMS. The participation of such
        bodies in the group should be encouraged as much as possible.
(15)    In order to facilitate cooperation and guarantee a clear distribution of tasks and
        responsibilities between the Agency and national safety authorities, a communication
        protocol between them should be developed. In addition, a common information and
        communication platform with a virtual one-stop-shop functionality should be developed, if
        appropriate on the basis of the existing applications and registers, by extending their
        functionality with the aim of keeping the Agency and national safety authorities informed
        about all applications for authorisations and safety certifications, the stages of these
        procedures and their outcome. An important objective of this platform is to identify at an
        early stage the need to coordinate decisions to be taken by national safety authorities and
        the Agency in the case of different applications requesting similar authorisations and safety
        certificates. Such cases should be identified in a summarised way by automatic
        notifications.
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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                                                DGE 2                                               EN
 ---pagebreak--- (16)    Competent national authorities have, thus far, been charging for issuing vehicle
        authorisations and single safety certificates. With the transfer of competences to the Union,
        the Agency should be entitled to charge applicants for issuing the certificates and
        authorisations mentioned in the preceding recitals. It is important to establish certain
        principles applicable to fees and charges payable to the Agency. The level of those fees
        and charges should be estimated in such a way as to cover the full cost of the service
        delivered, including as appropriate the relevant costs resulting from the tasks assigned to
        the national safety authorities. Those fees and charges should be equal to or lower than the
        current average for the relevant services and should be set in a transparent, fair and
        uniform manner in cooperation with Member States. They should not jeopardise the
        competitiveness of the European railway sector and should be established on a basis which
        takes due account of the ability of undertakings to pay and should not result in the
        imposition of an unnecessary financial burden on companies. They should also take into
        account, as appropriate, the specific needs of small and medium-sized enterprises.
(17)    It is a general objective that the new allocation of functions and tasks between national
        safety authorities and the Agency should be done efficiently, without diminishing the
        current high levels of safety. To that end, cooperation agreements, including cost elements,
        should be concluded between the Agency and the national safety authorities. The Agency
        should have sufficient resources to enable it to carry out its new tasks, and the timing of the
        allocation of those resources should be based on clearly defined needs.
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                                                 DGE 2                                           EN
 ---pagebreak--- (18)    When drafting recommendations, the Agency should take into account the cases of
        networks which are isolated from the rest of the Union rail system and which require
        specific expertise for geographical or historical reasons. In addition, where operation is
        limited to such networks, it should be possible for applicants for single safety certificates
        and vehicle authorisations to fulfil the necessary formalities locally through the relevant
        national safety authorities. To that end, and with a view to reducing administrative burdens
        and costs, it should be possible for cooperation agreements concluded between the Agency
        and the relevant national safety authorities to provide for the appropriate allocation of
        tasks, without prejudice to the assumption by the Agency of final responsibility for issuing
        the authorisation or the single safety certificate.
(19)    Taking into account the knowledge of national authorities, in particular the national safety
        authorities, the Agency should be allowed to make appropriate use of that expertise when
        granting the relevant authorisations and single safety certificates. To that end, secondment
        of national experts to the Agency should be encouraged.
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                                                DGE 2                                             EN
 ---pagebreak--- (20)    Directive (EU) 2015/… ∗ and Directive (EU) 2015/… ∗∗ are to provide for examination of
        national measures from the point of view of railway safety and interoperability, and
        compatibility with competition rules. They are also to limit the possibility for
        Member States to adopt new national rules. The current system in which numerous
        national rules continue to exist may lead to possible conflicts with Union rules and give
        rise to insufficient transparency and possible discrimination against operators, including
        smaller and new ones. In order to migrate towards a system of truly transparent and
        impartial railway rules at Union level, a gradual reduction of national rules, including
        operating rules, needs to be reinforced. An opinion based on independent and neutral
        expertise is essential at Union level. To that end, the role of the Agency needs to be
        strengthened.
(21)    Performance, organisation and decision-making procedures in the field of railway safety
        and interoperability vary substantially among the national safety authorities and notified
        conformity assessment bodies, with a detrimental effect on the smooth operation of the
        single European railway area. In particular, small and medium-sized enterprises wishing to
        enter the railway market in another Member State can be negatively affected. Therefore,
        strengthened coordination with a view to greater harmonisation at Union level is essential.
        To that end, the Agency should monitor the performance and decision-making of the
        national safety authorities and the notified conformity assessment bodies through audits
        and inspections, where appropriate in cooperation with national accreditation bodies.
∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
∗∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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                                                DGE 2                                            EN
 ---pagebreak--- (22)    In the field of safety, it is important to ensure the greatest possible transparency and an
        effective flow of information. An analysis of performance, based on CSIs and linking all
        parties in the sector, is important and should be carried out. As regards statistics, close
        collaboration with Eurostat is necessary.
(23)    The Agency should be responsible for publishing a report every two years in order to
        monitor progress in achieving railway safety and interoperability. Given its technical
        expertise and impartiality, the Agency should also assist the Commission in the
        performance by the latter of its task of monitoring the implementation of Union railway
        safety and interoperability legislation.
(24)    The interoperability of the trans-European transport network should be enhanced and the
        new investment projects chosen for support by the Union should be in line with the
        objective of interoperability set out in Regulation No 1315/2013 of the
        European Parliament and of the Council 1. The Agency is the appropriate body to
        contribute to the attainment of those objectives and should cooperate closely with
        competent Union bodies in relation to projects concerning the trans European transport
        network. With regard to ERTMS deployment and ERTMS projects, the Agency’s role
        should include helping applicants to implement projects which are compliant with the TSI
        on control-command and signalling.
1
      Regulation No 1315/2013 of the European Parliament and of the Council
      of 11 December 2013 on Union guidelines for the development of the trans-European
      transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).
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                                                  DGE 2                                             EN
 ---pagebreak--- (25)    The maintenance of rolling stock is an important part of the safety system. There has been
        no genuine European market for the maintenance of rail equipment owing to the lack of a
        system for certification of maintenance workshops. This situation has led to increased costs
        for the sector and results in journeys without loads. Common conditions for the
        certification of maintenance workshops and of entities in charge of the maintenance of
        vehicles other than freight wagons should therefore be gradually developed and updated,
        with the Agency being the most appropriate body to propose adequate solutions to the
        Commission.
(26)    The vocational qualifications required of train drivers are a major factor in both railway
        safety and interoperability within the Union. Vocational qualifications are also a
        precondition for the free movement of workers in the railway sector. This issue should be
        addressed within the existing framework for social dialogue. The Agency should provide
        the technical support necessary in order to take account of this aspect at Union level.
(27)    The Agency should facilitate cooperation between the national safety authorities, the
        national investigating bodies and representative bodies from the railway sector acting at
        Union level in order to promote good practice, the exchange of relevant information and
        the collection of railway-related data, and to monitor the overall safety performance of the
        Union rail system.
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                                                DGE 2                                            EN
 ---pagebreak--- (28)    In order to ensure the greatest possible levels of transparency and equal access for all
        parties to relevant information, the registers, where relevant, and the documents envisaged
        for the railway safety and interoperability processes should be accessible to the public. The
        same applies to licences, single safety certificates and other relevant railway documents.
        The Agency should provide efficient, user-friendly and easily accessible means of
        exchanging and publishing that information, in particular through appropriate IT solutions,
        with a view to improving the cost-effectiveness of the railway system and supporting the
        operational needs of the sector.
(29)    The promotion of innovation and research in the railway field is important and should be
        encouraged by the Agency. 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.
(30)    In order to increase the efficiency of Union financial support, its quality and its
        compatibility with relevant technical regulations, the Agency should play an active role in
        the assessment of rail projects.
(31)    Proper and uniform understanding of legislation on railway safety and interoperability,
        implementation guides and recommendations of the Agency are preconditions for effective
        implementation of the railway acquis and the functioning of the railway market. Therefore,
        the Agency should actively engage in training and explanatory activities in that regard.
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                                                DGE 2                                            EN
 ---pagebreak--- (32)    Taking into account the new functions of the Agency in relation to the issuing of vehicle
        authorisations and single safety certificates, there will be an important need for training
        and publication activities in those areas. The national safety authorities should be invited to
        participate in training activities free of charge, whenever possible, in particular when they
        have been involved in their preparation.
(33)    In order to perform its tasks properly, the Agency should have legal personality and an
        autonomous budget funded mainly through a contribution by the Union and through fees
        and charges paid by applicants. The Agency’s independence and impartiality should not be
        compromised by any financial contribution that it receives from Member States, third
        countries or other entities. In order to ensure independence in its daily management and in
        the opinions, recommendations and decisions which it issues, the Agency’s organisation
        should be transparent and the Executive Director should have full responsibility. The
        Agency’s staff should be independent and should be employed on both short-term and
        long-term contracts in order to maintain its organisational knowledge and business
        continuity, while keeping a necessary and ongoing exchange of expertise with the railway
        sector. The expenditure of the Agency should include staff, administrative, infrastructure
        and operational expenses, and, inter alia, the amount paid to the national safety authorities
        for their work in the vehicle authorisation and the single safety certification process, in
        accordance with the relevant cooperation agreements and with the provisions of the
        implementing act concerning the determination of fees and charges.
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                                                  DGE 2                                            EN
 ---pagebreak--- (34)    With regard to the prevention and management of conflicts of interest, it is essential that
        the Agency act impartially, demonstrate integrity and establish high professional standards.
        There should never be any legitimate reason to suspect that decisions might be influenced
        by interests conflicting with the role of the Agency as a body serving the Union as a whole
        or by private interests or affiliations of any member of the Agency staff, any seconded
        national expert, or any member of the Management Board or Boards of Appeal which
        would create, or have the potential to create, a conflict with the proper performance of the
        official duties of the person concerned. The Management Board should therefore adopt
        comprehensive rules on conflicts of interests that cover the entire Agency. Those rules
        should take account of recommendations issued by the Court of Auditors in its Special
        Report No 15 of 2012.
(35)    In order to streamline the decision-making process in the Agency and to contribute to
        enhancing efficiency and effectiveness, a two-level governance structure should be
        introduced. To that end, the Member States and the Commission should be represented on
        a Management Board vested with the necessary powers, including the power to establish
        the budget and approve the programming document. The Management Board should give
        general orientations for the Agency’s activities and be more closely involved in the
        monitoring of the Agency’s activities, with a view to reinforcing supervision on
        administrative and budgetary matters. A smaller Executive Board should be set up with the
        task of preparing the meetings of the Management Board in an appropriate manner and
        supporting its decision-making process. The powers of the Executive Board should be
        defined in a mandate to be adopted by the Management Board and should, where
        appropriate, include opinions and provisional decisions subject to final endorsement by the
        Management Board.
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                                                  DGE 2                                          EN
 ---pagebreak--- (36)    In order to guarantee the transparency of the Management Board’s decisions,
        representatives of the sectors concerned should attend its meetings, but without the right to
        vote. The representatives of the various stakeholders should be appointed by the
        Commission on the basis of their representativeness at Union level of railway
        undertakings, infrastructure managers, the railway industry, trade-union organisations,
        passengers and freight customers.
(37)    It is necessary to ensure that parties affected by decisions made by the Agency have the
        right to seek the necessary remedies, which should be granted in an independent and
        impartial manner. An appropriate appeal mechanism should be set up in order for decisions
        of the Executive Director to be subject to appeal before a specialised Board of Appeal.
(38)    In cases of disagreement between the Agency and national safety authorities on the issuing
        of single safety certificates or vehicle authorisations, an arbitration procedure should be
        established so that decisions are taken in a concerted and cooperative manner.
(39)    A broader strategic perspective in relation to the activities of the Agency would facilitate
        the planning and management of its resources in a more effective manner and would
        contribute to a higher quality of its outputs. This is confirmed and reinforced by the
        Commission Delegated Regulation (EU) No 1271/2013 1. Therefore, a single programming
        document containing the annual and multi-annual work programmes should be adopted
        and updated periodically by the Management Board, following proper consultation of the
        relevant stakeholders.
1
      Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the
      framework financial regulation for the bodies referred to in Article 208 of Regulation (EU,
      Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328,
      7.12.2013, p. 42).
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                                                 DGE 2                                            EN
 ---pagebreak--- (40)    When a new task is assigned to the Agency in relation to the safety and interoperability of
        the Union rail system after the adoption of the programming document, the Management
        Board should, if necessary, amend the programming document to include that new task
        following an analysis of the impact, in human and budgetary terms, on resources.
(41)    The activity of the Agency should be transparent. Effective control by the
        European Parliament should be ensured and, to that end, the European Parliament should
        be consulted on the draft multiannual part of the programming document of the Agency
        and have the possibility of hearing the Executive Director of the Agency and receiving the
        annual report on the Agency’s activities. The Agency should also apply the relevant Union
        legislation concerning public access to documents.
(42)    Over the past years, as more decentralised agencies have been created, transparency and
        control over the management of Union funding allocated to them has improved, in
        particular as regards the budgetisation of fees, financial control, power of discharge,
        pension scheme contributions and the internal budgetary procedure (code of conduct).
        Similarly, Regulation (EU) No 883/2013 of the European Parliament and of the Council 1
        should apply without restriction to the Agency, which should accede to the
        Inter-institutional Agreement of 25 May 1999 between the European Parliament, the
        Council of the European Union and the Commission of the European Communities
        concerning internal investigations by the European Anti-Fraud Office (OLAF) 2.
1
      Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of
      11 September 2013 concerning investigations conducted by the European Anti-Fraud Office
      (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of
      the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
2
      OJ L 136, 31.5.1999, p. 15.
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                                               DGE 2                                            EN
 ---pagebreak--- (43)    The Agency should actively promote the Union approach to railway safety and
        interoperability in its relations with international organisations and third countries. That
        should also include, within the limits of the Agency’s competence, facilitating reciprocal
        access for Union railway undertakings to the rail markets of third countries and access for
        Union rolling stock to the networks of third countries.
(44)    In order to ensure uniform conditions for the implementation of this Regulation with
        regard to the examination of draft national rules and existing national rules, the monitoring
        of national safety authorities and notified conformity assessment bodies, the establishment
        of the rules of procedure of the Boards of Appeal and the determination of fees and charges
        which the Agency is entitled to levy, implementing powers should be conferred on the
        Commission. Those powers should be exercised in accordance with Regulation (EU)
        No 182/2011 of the European Parliament and of the Council 1.
(45)    Since the objective of this Regulation, namely to establish a specialised body to formulate
        common solutions on matters concerning railway safety and interoperability, cannot be
        sufficiently achieved by the Member States but can rather, by reason of the joint nature of
        the work to be done, be better achieved at Union level, the Union may adopt measures in
        accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on
        European Union. 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 that
        objective.
1
      Regulation (EU) No 182/2011 of the European Parliament and of the Council
      of 16 February 2011 laying down the rules and general principles concerning mechanisms
      for control by the Member States of the Commission’s exercise of implementing powers
      (OJ L 55, 28.2.2011, p. 13).
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                                                  DGE 2                                           EN
 ---pagebreak--- (46)    It is necessary for the proper functioning of the Agency to implement certain principles
        regarding the governance of the Agency in order to comply with the Joint Statement and
        Common Approach agreed by the Inter-Institutional Working Group on EU decentralised
        agencies in July 2012, the purpose of which is to streamline the activities of agencies and
        increase their performance.
(47)    This Regulation respects the fundamental rights and observes the principles recognised in
        particular by the Charter of Fundamental Rights of the European Union,
HAVE ADOPTED THIS REGULATION:
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                                                DGE 2                                            EN
 ---pagebreak---                                            CHAPTER 1
                                          PRINCIPLES
                                                Article 1
                                       Subject-matter and scope
1.      This Regulation establishes a European Union Agency for Railways (‘the Agency’).
2.      This Regulation provides for:
        (a)   the establishment and tasks of the Agency;
        (b)   the tasks of the Member States in the context of this Regulation.
3.      This Regulation supports the establishment of the single European railway area, and in
        particular the objectives relating to:
        (a)   interoperability within the Union rail system provided for in Directive (EU)
              2015/… ∗;
        (b)   safety of the Union rail system provided for in Directive (EU) 2015/… ∗∗;
        (c)   the certification of train drivers provided for in Directive 2007/59/EC of the
              European Parliament and of the Council 1.
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
∗∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
1
      Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on
      the certification of train drivers operating locomotives and trains on the railway system in
      the Community (OJ L 315, 3.12.2007, p.51).
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                                                 DGE 2                                          EN
 ---pagebreak---                                                 Article 2
                                       Objectives of the Agency
The objective of the Agency shall be to contribute to the further development and effective
functioning of a single European railway area without frontiers, by guaranteeing a high level of
railway safety and interoperability, while improving the competitive position of the railway sector.
In particular, the Agency shall contribute, on technical matters, to the implementation of Union
legislation by developing a common approach to safety on the Union rail system and by enhancing
the level of interoperability on the Union rail system.
Further objectives of the Agency shall be to follow the development of national railway rules in
order to support the performance of national authorities acting in the fields of railway safety and
interoperability and to promote the optimisation of procedures.
Where provided for by Directive (EU) 2015/… ∗ and Directive (EU) 2015/… ∗∗, the Agency shall
perform the role of Union authority responsible for issuing authorisations for the placing on the
market of railway vehicles and vehicle types and for issuing single safety certificates for railway
undertakings.
In pursuing those objectives, the Agency shall take full account of the process of enlargement of the
Union and of the specific constraints relating to rail links with third countries.
∗
        OJ: Please insert the number of the Directive in document 2013/0015 (COD).
∗∗
        OJ: Please insert the number of the Directive in document 2013/0016 (COD).
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                                                 DGE 2                                            EN
 ---pagebreak---                                               Article 3
                                            Legal status
1.      The Agency shall be a body of the Union with 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.
3.      The Agency shall be represented by its Executive Director.
4.    The Agency shall have sole responsibility for the functions and powers assigned to it.
                                              Article 4
                                     Type of acts of the Agency
The Agency may:
(a)     address recommendations to the Commission concerning the application of Articles 13, 15,
        17, 19, 35, 36 and 37;
(b)     address recommendations to Member States concerning the application of Article 34;
(c)     issue opinions to the Commission pursuant to Article 10(2) and Article 42, and to the
        authorities concerned in the Member States pursuant to Articles 10, 25 and 26;
(d)     address recommendations to national safety authorities pursuant to Article 33(4).
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                                               DGE 2                                             EN
 ---pagebreak--- (e)     issue decisions pursuant to Articles 14, 20, 21 and 22;
(f)     issue opinions constituting acceptable means of compliance pursuant to Article 19;
(g)     issue technical documents pursuant to Article 19;
(h)     issue audit reports pursuant to Articles 33 and 34;
(i)     issue guidelines and other non-binding documents facilitating application of railway safety
        and interoperability legislation pursuant to Articles 13, 19, 28, 32, 33 and 37.
                                          CHAPTER 2
                                  WORKING METHODS
                                               Article 5
                     Creation and composition of the working parties and groups
1.      The Agency shall set up a limited number of working parties for the purpose of drawing up
        recommendations and, where relevant, guidelines, in particular relating to technical
        specifications for interoperability (‘TSIs’), common safety targets (‘CSTs’), common
        safety methods (‘CSMs’) and the use of common safety indicators (‘CSIs’).
        The Agency may set up working parties in other duly justified cases at the request of the
        Commission or the Committee referred to in Article 81 (‘the committee’) or on its own
        initiative, after consulting the Commission.
        The working parties shall be chaired by a representative of the Agency.
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                                                DGE 2                                          EN
 ---pagebreak--- 2.      The working parties shall be composed of:
        –      representatives nominated by the competent national authorities to participate in the
               working parties;
        –      professionals from the railway sector selected by the Agency from the list referred to
               in paragraph 3. The Agency shall ensure adequate representation of those sectors of
               the industry and of those users which could be affected by measures the Commission
               may propose on the basis of the recommendations addressed to it by the Agency. The
               Agency shall strive, where possible, for a balanced geographical representation.
        The Agency may, if necessary, appoint to the working parties independent experts and
        representatives of international organisations recognised as competent in the field
        concerned. Members of the staff of the Agency may not be appointed to the working
        parties, except for the chair of the working parties, who shall be a representative of the
        Agency.
3.      Each representative body referred to in Article 38(4) shall forward to the Agency a list of
        the most qualified experts mandated to represent it in each working party and shall update
        that list whenever changes occur.
4.      Whenever the work of such working parties has a direct impact on the working conditions,
        health and safety of workers in the industry, representatives designated by the trade-union
        organisations acting at European level shall participate in the relevant working parties as
        full members.
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                                                DGE 2                                             EN
 ---pagebreak--- 5.       Travel and subsistence expenses of the members of the working parties, based on rules and
         scales adopted by the Management Board, shall be met by the Agency.
6.       The Agency shall take due account of the outcome of the work done by the working parties
         when drawing up the recommendations and guidelines referred to in paragraph 1.
7.       The Agency shall set up groups for the purposes of Articles 24, 29 and Article 38(1).
8.       The Agency may set up groups in accordance with Article 38(4) and in duly justified cases
         at the request of the Commission or of the committee, or on its own initiative.
9.       The work of the working parties and of the groups shall be transparent. The Management
         Board shall adopt the rules of procedure of the working parties and of the groups, including
         transparency rules.
                                              Article 6
                                 Consultation of the social partners
Whenever the tasks provided for in Articles 13, 15, 19, and 36 have a direct impact on the social
environment or working conditions of workers in the industry, the Agency shall consult the social
partners within the framework of the sectoral dialogue committee set up pursuant to Commission
Decision 98/500/EC 1. In such cases, the social partners may react to those consultations, provided
that they do so within three months.
1
        Commission Decision 98/500/EC of 20 May 1998 on the establishment of Sectoral Dialogue
        Committees promoting the dialogue between the social partners at European level
        (OJ L 225, 12.8.1998, p. 27).
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                                                DGE 2                                            EN
 ---pagebreak--- Those consultations shall be held before the Agency addresses its recommendations to the
Commission. The Agency shall take due account of those consultations, and shall, at all times, be
available to expound on its recommendations. The opinions expressed by the sectoral dialogue
committee shall be forwarded by the Agency, together with the recommendation by the Agency, to
the Commission and by the Commission to the committee.
                                                Article 7
                        Consultation of rail freight customers and passengers
Whenever the tasks provided for in Articles 13 and 19 have a direct impact on rail freight customers
and passengers, the Agency shall consult the organisations representing them, including
representatives of persons with disabilities and persons with reduced mobility. In such cases, those
organisations may react to those consultations, provided that they do so within three months.
The list of organisations to be consulted shall be drawn up by the Commission with the assistance
of the committee.
Those consultations shall be held before the Agency addresses its recommendations to the
Commission. The Agency shall take due account of those consultations, and shall, at all times, be
available to expound on its recommendations. The opinions expressed by the organisations
concerned shall be forwarded by the Agency, together with the recommendation by the Agency, to
the Commission and by the Commission to the committee.
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                                                 DGE 2                                           EN
 ---pagebreak---                                                Article 8
                                          Impact assessment
1.      The Agency shall conduct an impact assessment of its recommendations and opinions. The
        Management Board shall adopt an impact-assessment methodology based on the
        methodology of the Commission. The Agency shall liaise with the Commission to ensure
        that relevant work at the Commission is duly taken into account. The Agency shall clearly
        identify the assumptions used as the basis for the impact assessment and the data sources
        used in the report accompanying each recommendation.
2.      Before including an activity in the programming document adopted by the Management
        Board, in accordance with Article 51(1), the Agency shall conduct an early impact
        assessment in relation to which it shall state:
        (a)    the issue to be solved and the possible solutions;
        (b)    the extent to which a specific action, including addressing a recommendation or
               issuing an opinion of the Agency, would be required;
        (c)    the expected Agency contribution to the solution of the problem.
        Before any activities or projects are included in the programming document, they shall be
        made subject to an efficiency analysis individually and in conjunction with each other, in
        order to make best use of the budget and resources of the Agency.
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                                                DGE 2                                          EN
 ---pagebreak--- 3.       The Agency may conduct an ex post assessment of the legislation based on its
         recommendations.
4.       Member States shall provide the Agency with the data necessary for an impact assessment,
         where available.
         At the request of the Agency, the representative bodies shall provide the Agency with
         non-confidential data necessary for the impact assessment.
                                                Article 9
                                                 Studies
Where required for the implementation of its tasks, the Agency shall order studies, involving, where
appropriate, the working parties and groups referred to in Article 5, and shall finance those studies
from its budget.
                                               Article 10
                                                Opinions
1.       The Agency shall issue opinions at the request of one or more national regulatory bodies
         referred to in Article 55 of Directive 2012/34/EU of the European Parliament and of the
         Council 1, in particular concerning safety- and interoperability-related aspects of matters
         drawn to their attention.
1
        Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012
        establishing a single European railway area (OJ L 343,14.12.2012, p. 32).
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                                                 DGE 2                                            EN
 ---pagebreak--- 2.      The Agency shall issue opinions at the request of the Commission on amendments to any
        act adopted on the basis of Directive (EU) 2015/… ∗ or Directive (EU) 2015/… ∗∗,
        especially where any alleged deficiency is signalled.
3.      All opinions of the Agency, and in particular those referred to in paragraph 2, shall be
        issued by the Agency as soon as possible and at the latest within two months of receipt of
        the request therefor, unless otherwise agreed with the requesting party. Those opinions
        shall be made public by the Agency within one month after they are issued, in a version
        from which all commercially confidential material has been removed.
                                                Article 11
                                        Visits to Member States
1.      In order to perform the tasks entrusted to it, in particular those referred to in Articles 14,
        20, 21, 25, 26, 31, 32, 33, 34, 35 and 42, and to assist the Commission in fulfilling its
        duties under the Treaty on the Functioning of European Union (TFEU), including, in
        particular the assessment of the effective implementation of relevant Union legislation, the
        Agency may carry out visits to the Member States, in accordance with the policy, working
        methods and procedures adopted by the Management Board.
2.      Following consultation with the Member State concerned, the Agency shall inform the
        latter in good time of the planned visit, the names of the Agency officials delegated to
        carry out the visit, the date on which the visit is to start and its expected duration. The
        Agency officials delegated to carry out such visits shall do so on presentation of a decision
        in writing by the Executive Director specifying the purpose and the aims of their visit.
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
∗∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
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                                                  DGE 2                                             EN
 ---pagebreak--- 3.      The national authorities of the Member States concerned shall facilitate the work of the
        Agency’s staff.
4.      The Agency shall draw up a report on each visit referred to in paragraph 1 and send it to
        the Commission and to the Member State concerned.
5.      This Article is without prejudice to the inspections referred to in Articles 33(7) and 34(6).
6.      Travel, accommodation, subsistence and other expenses incurred by the Agency’s staff
        shall be met by the Agency.
                                               Article 12
                                            One-stop shop
1.      The Agency shall establish and manage an information and communications system with at
        least the following one-stop-shop functions:
        (a)    a single entry point through which the applicant shall submit its application files for
               type authorisation, vehicle authorisations for placing on the market and single safety
               certificates. Where the area of use or operation is limited to a network or networks
               within one Member State only, the single entry point shall be developed so as to
               ensure that the applicant selects the authority it wishes to process the application for
               issuing authorisations or single safety certificates for the whole procedure;
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                                                 DGE 2                                             EN
 ---pagebreak---         (b)  a common information-exchange platform, providing the Agency and national safety
             authorities with information about all applications for authorisations and single
             safety certificates, the stages of these procedures and their outcome, and, where
             applicable, the requests and decisions of the Board of Appeal;
        (c)  a common information-exchange platform, providing the Agency and national safety
             authorities with information about requests for approvals by the Agency in
             accordance with Article 19 of Directive (EU) 2015/… ∗ and applications for
             authorisations of trackside control-command and signalling subsystems involving
             European Train Control System (ECTS) and/or Global System for Mobile
             Communications – Railway (GSM-R) equipment, the stages of these procedures and
             their outcome, and, where applicable, the requests and decisions of the Board of
             Appeal;
        (d)  an early-warning system able to identify at an early stage the needs for coordination
             between decisions to be taken by national safety authorities and the Agency in the
             case of different applications requesting similar authorisations or single safety
             certificates.
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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                                                 DGE 2                                         EN
 ---pagebreak--- 2.      The technical and functional specifications of the one-stop shop referred to in paragraph 1
        shall be developed in cooperation with the network of national safety authorities referred to
        in Article 38 on the basis of a draft prepared by the Agency taking into account the results
        of a cost-benefit analysis. On this basis, the Management Board shall adopt the technical
        and functional specifications and a plan to establish the one-stop shop. The one-stop shop
        shall be developed without prejudice to the intellectual property rights and the required
        confidentiality level, and taking into consideration, if appropriate, the IT applications and
        registers already set up by the Agency, such as those referred to in Article 37.
3.      The one-stop shop shall be operational by … ∗.
4.      The Agency shall monitor the applications submitted through the one-stop shop, in
        particular by using the early-warning system referred to in point (d) of paragraph 1. If
        different applications requesting similar authorisations or single safety certificates are
        detected, the Agency shall ensure appropriate follow-up, such as:
        (a)   informing applicant(s) that there is another or similar request for authorisation or
              certification;
        (b)   coordinating with the relevant national safety authority in order to ensure consistency
              of decisions to be taken by national safety authorities and the Agency. If no mutually
              acceptable solution can be found within one month of the beginning of the
              coordination process, the matter shall be referred for arbitration to the Board of
              Appeal referred to in Articles 55, 61 and 62.
∗
      OJ: Please insert date: three years after the entry into force of this Regulation.
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                                                 DGE 2                                             EN
 ---pagebreak---                                         CHAPTER 3
                              TASKS OF THE AGENCY
                      RELATING TO RAILWAY SAFETY
                                            Article 13
                     Technical support – recommendations on railway safety
1.      The Agency shall address recommendations to the Commission on the CSIs, CSMs and
        CSTs provided for in Articles 5, 6 and 7 of Directive (EU) 2015/… ∗ The Agency shall also
        address recommendations on periodic revision of CSIs, CSMs and CSTs to the
        Commission.
2.      The Agency shall address recommendations to the Commission, at the request of the
        Commission or on its own initiative, on other measures in the field of safety, taking into
        account the experience gained.
3.      The Agency shall issue guidelines in order to assist national safety authorities with regard
        to supervision of railway undertakings, infrastructure managers and other actors, in
        accordance with Article 17 of Directive (EU) 2015/…∗.
4.      The Agency may address recommendations to the Commission on the CSMs covering any
        elements of the safety management system which need to be harmonised at Union level, in
        accordance with Article 9(7) of Directive (EU) 2015/…∗.
∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
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                                              DGE 2                                              EN
 ---pagebreak--- 5.       The Agency may issue guidelines and other non-binding documents to facilitate the
         implementation of railway safety legislation, including the provision of assistance to
         Member States in identifying national rules that can be repealed further to the adoption
         and/or revision of CSMs and guidelines for the adoption of new national rules or the
         amendment of existing national rules. The Agency may also issue guidelines on railway
         safety and safety certification, including lists of examples of good practice, in particular for
         cross-border transport and infrastructure.
                                                Article 14
                                        Single safety certificates
The Agency shall issue, renew, suspend and amend single safety certificates and cooperate with
national safety authorities in that respect in accordance with Articles 10, 11 and 18 of Directive
(EU) 2015/… ∗.
The Agency shall restrict or revoke single safety certificates and cooperate with national safety
authorities in that respect in accordance with Article 17 of Directive (EU) 2015/…∗.
                                                Article 15
                                        Maintenance of vehicles
1.       The Agency shall assist the Commission with regard to the system of certification of
         entities in charge of maintenance in accordance with Article 14(7) of Directive (EU)
         2015/…∗.
∗
        OJ: Please insert the number of the Directive in document 2013/0016 (COD).
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                                                  DGE 2                                            EN
 ---pagebreak--- 2.       The Agency shall address recommendations to the Commission for the purposes of
         Article 14(8) of Directive (EU) 2015/… ∗.
3.       The Agency shall analyse any alternative measures decided in accordance with Article 15
         of Directive (EU) 2015/…∗ and shall include the outcome of its analysis in the report
         referred to in Article 35(4) of this Regulation.
4.       The Agency shall support and, upon request, coordinate the national safety authorities in
         the supervision of entities in charge of maintenance as referred to in point (c) of
         Article 17(1) of Directive (EU) 2015/…∗.
                                               Article 16
                            Cooperation with national investigating bodies
The Agency shall cooperate with national investigating bodies in accordance with Article 20(3),
Article 22(1), (2), (5) and (7) and Article 26 of Directive (EU) 2015/…∗.
∗
        OJ: Please insert the number of the Directive in document 2013/0016 (COD).
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                                                  DGE 2                                         EN
 ---pagebreak---                                                 Article 17
                                 Transport of dangerous goods by rail
The Agency shall follow developments in the legislation dealing with the transport of dangerous
goods by rail within the meaning of Directive 2008/68/EC of the European Parliament and of the
Council 1 and shall, together with the Commission, ensure that such developments are consistent
with the legislation dealing with rail safety and interoperability, in particular the essential
requirements. To that end, the Agency shall assist the Commission and may issue recommendations
at the Commission’s request or on its own initiative.
                                                Article 18
                         Exchange of information on safety-related accidents
The Agency shall encourage, the exchange of information on safety-related accidents, incidents and
near misses, taking into account the experience of the railway actors referred to in Article 4 of
Directive (EU) 2015/… ∗. That exchange of information shall lead to the development of good
practices at Member State level.
1
        Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008
        on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13).
∗
        OJ: Please insert the number of the Directive in document 2013/0016 (COD).
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                                                 DGE 2                                            EN
 ---pagebreak---                                         CHAPTER 4
                              TASKS OF THE AGENCY
                    RELATING TO INTEROPERABILITY
                                            Article 19
                    Technical support in the field of railway interoperability
1.      The Agency shall:
        (a)  address recommendations to the Commission on the TSIs and their revision, in
             accordance with Article 5 of Directive (EU) 2015/… ∗;
        (b)  address recommendations to the Commission on the templates for the ‘EC’
             declaration of verification and for documents of the technical file that has to
             accompany it for the purposes of Article 15(9) of Directive (EU) 2015/…∗;
        (c)  address recommendations to the Commission on specifications for registers and their
             revision for the purposes of Articles 47, 48 and 49 of Directive (EU) 2015/…∗;
        (d)  issue opinions which constitute acceptable means of compliance concerning
             deficiencies in TSIs, in accordance with Article 6(4) of Directive (EU) 2015/…∗, and
             provide those opinions to the Commission;
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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                                               DGE 2                                         EN
 ---pagebreak---         (e)  at the request of the Commission, issue opinions to it regarding requests by
             Member States for non-application of TSIs, in accordance with Article 7 of Directive
             (EU) 2015/… ∗;
        (f)  issue technical documents, in accordance with Article 4(8) of Directive (EU)
             2015/…∗;
        (g)  issue a decision for approval before any call for tenders relating to ERTMS trackside
             equipment in order to ensure harmonised implementation of the ERTMS in the
             Union pursuant to Article 19 of Directive (EU) 2015/…∗;
        (h)  issue recommendations to the Commission regarding the training and certification of
             on-board staff with safety-critical tasks;
        (i)  issue detailed guidance concerning standards for the relevant European
             standardisation bodies to complement the mandate given to them by the
             Commission;
        (j)  address recommendations to the Commission relating to the working conditions of
             all staff carrying out safety-critical tasks;
        (k)  address recommendations to the Commission in relation to harmonised standards to
             be developed by European standardisation bodies and standards relating to
             interchangeable spare parts which may improve the level of safety and
             interoperability of the Union rail system;
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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                                                DGE 2                                         EN
 ---pagebreak---         (l)   address, where appropriate, recommendations to the Commission in relation to
              safety-critical components.
2.      In drafting recommendations as referred to in points (a), (b), (c), (h), (k) and (l) of
        paragraph 1, the Agency shall:
        (a)   ensure that the TSIs and the specifications for registers are adapted to technical
              progress, market trends and social requirements;
        (b)   ensure that the development and updating of the TSIs and the development of any
              European standards which prove necessary for interoperability are coordinated, and
              maintain relevant contacts with European standardisation bodies;
        (c)   participate, where appropriate, as an observer in the relevant working groups
              established by recognised standardisation bodies.
3.      The Agency may issue guidelines and other non-binding documents to facilitate the
        implementation of railway interoperability legislation, including assistance to
        Member States in identifying national rules that can be repealed further to the adoption or
        revision of TSIs.
4.      In cases of non-compliance of interoperability constituents with essential requirements, the
        Agency shall assist the Commission in accordance with Article 11 of Directive (EU)
        2015/… ∗.
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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                                               DGE 2                                             EN
 ---pagebreak---                                                Article 20
                       Authorisations for the placing on the market of vehicles
The Agency shall issue authorisations for the placing on the market of railway vehicles, and shall be
empowered to renew, amend, suspend and revoke authorisations issued by it. For that purpose, the
Agency shall cooperate with national safety authorities in accordance with Article 21 of Directive
(EU) 2015/… ∗.
                                               Article 21
                     Authorisations for the placing on the market of vehicle types
The Agency shall issue authorisations for the placing on the market of vehicle types, and shall be
empowered to renew, amend, suspend and revoke authorisations issued by it, in accordance with
Article 24 of Directive (EU) 2015/…∗.
                                               Article 22
             Placing in service of trackside control-command and signalling subsystems
The Agency shall, before any call for tenders relating to ERTMS trackside equipment, check that
the technical solutions are fully compliant with the relevant TSIs and are therefore fully
interoperable, and take a decision for approval in accordance with Article 19 of Directive (EU)
2015/…∗.
∗
        OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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                                                DGE 2                                           EN
 ---pagebreak---                                              Article 23
                                       Telematics applications
1.      The Agency shall act as the system authority to ensure the coordinated development of
        telematics applications in the Union, in accordance with relevant TSIs. To that end, the
        Agency shall maintain, monitor and manage the corresponding subsystems requirements.
2.      The Agency shall define, publish and apply the procedure for managing requests for
        changes to specifications for telematics applications. To that end, the Agency shall set up,
        maintain and update a register of requests for changes to such specifications and their
        status, accompanied by the relevant justifications.
3.      The Agency shall develop and maintain the technical tools for managing the different
        versions of specifications for telematics applications and endeavour to ensure backward
        compatibility.
4.      The Agency shall assist the Commission in the monitoring of deployment of specifications
        for telematics applications in accordance with relevant TSIs.
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                                                DGE 2                                           EN
 ---pagebreak---                                                Article 24
                          Support for notified conformity assessment bodies
1.      The Agency shall support the activities of notified conformity assessment bodies as
        referred to in Article 30 of Directive (EU) 2015/… ∗. That support shall include, in
        particular, the issue of drafting guidelines for assessing the conformity or suitability for use
        of an interoperability constituent as referred to in Article 9 of Directive (EU) 2015/…∗ and
        of guidelines for the ‘EC’ verification procedure referred to in Articles 10 and 15 of
        Directive (EU) 2015/…∗.
2.      The Agency may facilitate cooperation between notified conformity assessment bodies, in
        accordance with Article 44 of Directive (EU) 2015/…∗, and may, in particular, act as the
        technical secretariat for their coordination group.
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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                                                 DGE 2                                             EN
 ---pagebreak---                                         CHAPTER 5
                              TASKS OF THE AGENCY
                       RELATING TO NATIONAL RULES
                                             Article 25
                                Examination of draft national rules
1.      The Agency shall, within two months of receipt thereof, examine the draft national rules
        submitted to it in accordance with Article 8(4) of Directive (EU) 2015/… ∗ and
        Article 14(5) of Directive (EU) 2015/… ∗∗. If translation is necessary or the draft national
        rule is long or complex the Agency may extend this time period by up to three additional
        months, subject to the consent of the Member State. However, in exceptional
        circumstances, the Agency and the Member State concerned may mutually agree to further
        extend that period.
        Within that period, the Agency shall exchange relevant information with the Member State
        concerned, consult the relevant stakeholders where appropriate, and subsequently inform
        the Member State of the outcome of the examination.
∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
∗∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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                                               DGE 2                                             EN
 ---pagebreak--- 2.      Where, after the examination referred to in paragraph 1, the Agency considers that the draft
        national rules enable the essential requirements for railway interoperability to be fulfilled,
        the CSMs and TSIs in force to be respected and the CSTs to be achieved, and that they
        would not result in arbitrary discrimination or a disguised restriction on rail transport
        operations between Member States, the Agency shall inform the Commission and the
        Member State concerned of its positive assessment. In that case, the Commission may
        validate the rules in the IT system referred to in Article 27. Where the Agency within two
        months of receipt of the draft national rule or within the extended time period agreed in
        accordance with paragraph 1 does not inform the Commission and the Member State
        concerned of its assessment, the Member State may proceed with the introduction of the
        rule without prejudice to Article 26.
3.      Where the examination referred to in paragraph 1 leads to a negative assessment, the
        Agency shall inform the Member State concerned and ask it to state its position regarding
        that assessment. If, following that exchange of views with the Member State concerned,
        the Agency maintains its negative assessment, the Agency shall within a maximum period
        of one month:
        (a)   issue an opinion addressed to the Member State concerned, stating the reasons why
              the national rule or rules in question should not enter into force and/or be applied;
              and
        (b)   inform the Commission of its negative assessment, stating the reasons why the
              national rule or rules in question should not enter into force and/or be applied.
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                                                DGE 2                                             EN
 ---pagebreak---         This shall not prejudice the right of a Member State to adopt a new national rule in
        accordance with point (c) of Article 8(3) of Directive (EU) 2015/… ∗ or with point (b) of
        Article 14(4) of Directive (EU) 2015/… ∗∗.
4.      The Member State concerned shall inform the Commission of its position on the opinion
        referred to in paragraph 3 within two months, including its reasons in the event of
        disagreement.
        Where the reasons provided are deemed not to be sufficient, or in the absence of such
        information, and the Member State adopts the national rule in question without paying
        sufficient heed to the opinion referred to in paragraph 3, the Commission may adopt, by
        way of implementing acts, a decision addressed to the Member State concerned, requesting
        it to modify or repeal that rule. Those implementing acts shall be adopted in accordance
        with the advisory procedure referred to in Article 81(2).
                                              Article 26
                               Examination of existing national rules
1.      The Agency shall, within two months of receipt thereof, examine the national rules notified
        in accordance with Article 14(6) of Directive (EU) 2015/…∗∗ and Article 8(6) of Directive
        (EU) 2015/…∗. If translation is necessary or the national rule is long or complex the
        Agency may extend this time period by up to three additional months, subject to the
        consent of the Member State. However, in exceptional circumstances, the Agency and the
        Member State concerned may mutually agree to further extend that time period.
∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
∗∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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                                                DGE 2                                          EN
 ---pagebreak---         Within that period, the Agency shall exchange relevant information with the Member State
        concerned and subsequently inform it of the outcome of the examination.
2.      Where, after the examination referred to in paragraph 1, the Agency considers that the
        national rules enable the essential requirements for railway interoperability to be fulfilled,
        the CSMs and TSIs in force to be respected and the CSTs to be achieved, and that they
        would not result in arbitrary discrimination or a disguised restriction on rail transport
        operations between Member States, the Agency shall inform the Commission and the
        Member State concerned of its positive assessment. In that case, the Commission may
        validate the rules in the IT system referred to in Article 27. Where the Agency does not
        inform the Commission and the Member State concerned within two months of receipt of
        the national rules, or within the extended time period agreed in accordance with
        paragraph 1, the rule shall remain valid.
3.      Where the examination referred to in paragraph 1 leads to a negative assessment, the
        Agency shall inform the Member State concerned and ask it to state its position regarding
        that assessment. If, following that exchange of views with the Member State concerned,
        the Agency maintains its negative assessment, the Agency shall within a maximum period
        of one month:
        (a)   issue an opinion addressed to the Member State concerned, stating that the national
              rule or rules in question has or have been the subject of a negative assessment and
              the reasons why the rule or rules in question should be modified or repealed; and
        (b)   inform the Commission of its negative assessment, stating the reasons why the
              national rule or rules in question should be modified or repealed.
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                                                DGE 2                                             EN
 ---pagebreak--- 4.      The Member State concerned shall inform the Commission of its position on the opinion
        referred to in paragraph 3 within two months, including its reasons in the event of
        disagreement. Where the reasons provided are deemed not to be sufficient, or in the
        absence of such information, the Commission may adopt, by way of implementing acts, a
        decision addressed to the Member State concerned, requesting it to modify or repeal the
        national rule in question. Those implementing acts shall be adopted in accordance with the
        advisory procedure referred to in Article 81(2).
5.      By way of derogation from paragraphs 3 and 4, in the case of urgent preventive measures,
        where the examination referred to in paragraph 1 leads to a negative assessment and if the
        Member State concerned has not amended or repealed the national rule in question within
        two months of receipt of the opinion of the Agency, the Commission may adopt a decision,
        by way of implementing acts, requesting the Member State to amend or repeal that rule.
        Those implementing acts shall be adopted in accordance with the advisory procedure
        referred to in Article 81 (2).
        In the case of a positive assessment by the Agency and if the national rule in question has
        an impact on more than one Member State, the Commission, working in cooperation with
        the Agency and Member States, shall take the appropriate measures, including the revision
        of CSMs and TSIs where necessary.
6.      The procedure referred to in paragraphs 2, 3 and 4 shall apply, mutatis mutandis, in cases
        where the Agency becomes aware of any national rule, whether or not notified, that is
        redundant, in conflict with the CSMs, CSTs, TSIs or any other Union legislation in the
        railway field or creates an unjustified barrier to the single railway market.
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                                                DGE 2                                           EN
 ---pagebreak---                                                Article 27
                            IT system to be used for notification purposes
                                 and classification of national rules
1.      The Agency shall manage a dedicated IT system containing national rules as referred to in
        Articles 25 and 26 and acceptable national means of compliance referred to in point 34 of
        Article 2 of Directive (EU) 2015/… ∗. The Agency shall make them accessible to
        stakeholders for the purposes of consultation, where appropriate.
2.      Member States shall notify national rules as referred to in Articles 25(1) and 26(1) to the
        Agency and to the Commission through the IT system referred to in paragraph 1 of this
        Article. The Agency shall publish those rules in that IT system, including the status of their
        examination and, when completed, the positive or negative outcome of the assessment, and
        use that IT system for the purposes of informing the Commission in accordance with
        Articles 25 and 26.
3.      The Agency shall carry out a technical examination of the existing national rules referred
        to in the available national legislation, which, as of …∗∗ are listed in its reference document
        database. The Agency shall classify notified national rules in accordance with
        Article 14(10) of Directive (EU) 2015/…∗. To that end, it shall use the system referred to
        in paragraph 1 of this Article.
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
∗∗
      OJ: Please insert the date of entry into force of this Regulation.
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                                                 DGE 2                                             EN
 ---pagebreak--- 4.      The Agency shall classify notified national rules in accordance with Article 8 of, and
        Annex I to, Directive (EU) 2015/… ∗, taking into account the development of Union
        legislation. To that end, the Agency shall develop a rule management tool to be used by
        Member States for simplifying their systems of national rules. The Agency shall use the
        system referred to in paragraph 1 of this Article to publish the rule management tool.
                                          CHAPTER 6
                               TASKS OF THE AGENCY
                         RELATING TO THE EUROPEAN
                  RAIL TRAFFIC MANAGEMENT SYSTEM
                                            (ERTMS)
                                              Article 28
                                   System authority for the ERTMS
1.      The Agency shall act as the system authority to ensure the coordinated development of the
        ERTMS within the Union, in accordance with relevant TSIs. To that end, the Agency shall
        maintain, monitor and manage the corresponding subsystem requirements, including the
        technical specifications for ETCS and GSM-R.
2.      The Agency shall define, publish and apply the procedure for managing requests for
        changes to the ERTMS specifications. To that end, the Agency shall set up, maintain and
        update a register of requests for changes to ERTMS specifications and their status,
        accompanied by the relevant justifications.
∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
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                                               DGE 2                                           EN
 ---pagebreak--- 3.      The development of new versions of ERTMS technical specifications shall not be
        detrimental to the rate of deployment of the ERTMS, the stability of the specifications
        which is needed to optimise the production of ERTMS equipment, the return on investment
        for railway undertakings, infrastructure managers and keepers, and efficient planning of
        the deployment of the ERTMS.
4.      The Agency shall develop and maintain the technical tools for managing the different
        versions of the ERTMS, with the aim of ensuring technical and operational compatibility
        between networks and vehicles fitted with different versions and of providing incentives
        for the swift and coordinated implementation of the versions in force.
5.      In accordance with Article 5(10) of Directive (EU) 2015/… ∗, the Agency shall ensure that
        successive versions of ERTMS equipment are technically compatible with earlier versions.
6.      The Agency shall draw up and disseminate relevant application guidelines for stakeholders
        and explanatory documentation relating to the technical specifications for the ERTMS.
                                              Article 29
                       ERTMS group of notified conformity assessment bodies
1.      The Agency shall set up and chair an ERTMS group of notified conformity assessment
        bodies as referred to in Article 30(7) of Directive (EU) 2015/…∗.
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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                                                DGE 2                                           EN
 ---pagebreak---         The group shall check the consistency of application of the procedure for assessing the
        conformity or suitability for use of an interoperability constituent as referred to in Article 9
        of Directive (EU) 2015/… ∗ and of the ‘EC’ procedures for verification referred to in
        Article 10 of Directive (EU) 2015/…∗ and carried out by notified conformity assessment
        bodies.
2.      The Agency shall report every year to the Commission on the activities of the group
        referred to in paragraph 1, including by means of statistics on attendance of notified
        conformity assessment bodies’ representatives in the group.
3.      The Agency shall evaluate the application of the procedure for conformity assessment of
        interoperability constituents and of the ‘EC’ verification procedure for ERTMS equipment,
        and shall submit to the Commission, every two years, a report including, where
        appropriate, recommendations for any improvements.
                                              Article 30
                Compatibility between ERTMS on-board and trackside subsystems
1.      The Agency shall decide to:
        (a)   without prejudice to Article 21(5) of Directive (EU) 2015/…∗, and before issuing an
              authorisation for the placing on the market of a vehicle equipped with an ERTMS
              on-board subsystem, advise applicants at their request, on the technical compatibility
              between ERTMS on-board and trackside subsystems;
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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                                                DGE 2                                              EN
 ---pagebreak---         (b)    without prejudice to Article 17 of Directive (EU) 2015/… ∗, and after issuing an
               authorisation for the placing on the market of a vehicle equipped with an ERTMS
               on-board subsystem, advise railway undertakings at their request, before they use a
               vehicle equipped with an ERTMS on-board subsystem, on the operational
               compatibility between ERTMS on-board and trackside subsystems.
        For the purposes of this paragraph, the Agency shall cooperate with the relevant national
        safety authorities.
2.      Where, before an authorisation is issued by the national safety authority, the Agency
        becomes aware or is informed by the applicant through the one-stop shop in accordance
        with Article 19(6) of Directive (EU) 2015/…∗∗. that a project design or specification was
        changed after the Agency had issued an approval in accordance with Article 19 of
        Directive (EU) 2015/…∗∗ and that there is a risk of a lack of technical and operational
        compatibility between the ERTMS trackside subsystem and vehicles fitted with ERTMS, it
        shall cooperate with the parties involved, including the applicant and the relevant national
        safety authority, in order to find a mutually acceptable solution. If no mutually acceptable
        solution can be found within one month of the beginning of the coordination process, the
        matter shall be referred to the Board of Appeal for arbitration.
∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
∗∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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                                                DGE 2                                            EN
 ---pagebreak--- 3.      Where the Agency finds after an authorisation is issued by the national safety authority that
        there is a risk of a lack of technical or operational compatibility between the relevant
        networks and vehicles fitted with ERTMS equipment, the national safety authority and the
        Agency shall cooperate with all parties involved in order to find, without delay, a mutually
        acceptable solution. The Agency shall inform the Commission about such cases.
                                                Article 31
                         Supporting ERTMS deployment and ERTMS projects
1.      The Agency shall assist the Commission in monitoring the deployment of the ERTMS in
        accordance with the European deployment plan in force. At the Commission’s request, it
        shall facilitate the coordination of ERTMS deployment along the Trans-European
        Transport Corridors and Rail Freight Corridors as provided for in Regulation (EU)
        No 913/2010 of the European Parliament and of the Council 1.
2.      The Agency shall ensure technical follow-up of Union-funded projects for the deployment
        of the ERTMS, including, where applicable and without causing undue delay to the
        process, analysis of tendering documents at the time of the call for tenders. The Agency
        shall also, if necessary, assist the beneficiaries of those Union funds to ensure that the
        technical solutions implemented within projects are fully compliant with the TSIs relating
        to control-command and signalling and are therefore fully interoperable.
1
      Regulation (EU) No 913/2010 of the European Parliament and of the Council
      of 22 September 2010 concerning a European rail network for competitive freight
      (OJ L 276, 20.10.2010, p. 22).
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                                                  DGE 2                                            EN
 ---pagebreak---                                             Article 32
                                  Accreditation of laboratories
1.      The Agency shall support, in particular by giving appropriate guidelines to the
        accreditation bodies, harmonised accreditation of ERTMS laboratories in accordance with
        Regulation (EC) No 765/2008 of the European Parliament and of the Council 1.
2.      The Agency shall inform Member States and the Commission in cases of non-conformity
        with the requirements of Regulation (EC) No 765/2008 in relation to the accreditation of
        ERTMS laboratories.
3.      The Agency may participate as an observer in the peer evaluations required by Regulation
        (EC) No 765/2008.
1
      Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008
      setting out the requirements for accreditation and market surveillance relating to the
      marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008,
      p. 30).
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                                               DGE 2                                          EN
 ---pagebreak---                                           CHAPTER 7
                              TASKS OF THE AGENCY
                          RELATING TO MONITORING
                THE SINGLE EUROPEAN RAILWAY AREA
                                              Article 33
                        Monitoring of the performance and decision-making
                                     of national safety authorities
1.      In order to perform the tasks entrusted to it and to assist the Commission in fulfilling its
        duties under the TFEU, the Agency shall monitor the performance and decision-making of
        national safety authorities through audit and inspections, on behalf of the Commission.
2.      The Agency shall be entitled to audit:
        (a)   the capacity of national safety authorities to execute tasks relating to railway safety
              and interoperability; and
        (b)   the effectiveness of the monitoring by national safety authorities of safety
              management systems of actors as referred to in Article 17 of Directive (EU)
              2015/… ∗.
∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
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                                                 DGE 2                                            EN
 ---pagebreak---         The Management Board shall adopt the policy, working methods, procedures and practical
        arrangements for the application of this paragraph, including, where appropriate,
        arrangements regarding consultation with Member States before the publication of
        information.
        The Agency shall promote the inclusion in the audit team of qualified auditors from
        national safety authorities that are not subject to the actual audit. For that purpose, the
        Agency shall establish a list of qualified auditors and provide them with training when
        needed.
3.      The Agency shall issue audit reports and send them to the national safety authority
        concerned, to the Member State concerned and to the Commission. Each audit report shall
        include, in particular, a list of any deficiencies identified by the Agency as well as
        recommendations for improvement.
4.      If the Agency considers that the deficiencies referred to in paragraph 3 prevent the national
        safety authority concerned from effectively performing its tasks in relation to railway
        safety and interoperability, the Agency shall recommend to the national safety authority
        that it take appropriate steps within a mutually agreed time-limit, taking into account the
        seriousness of the deficiency. The Member State concerned shall be kept informed by the
        Agency about such a recommendation.
5.      Where a national safety authority disagrees with the Agency’s recommendations referred
        to in paragraph 4, or does not take the appropriate steps referred to in paragraph 4, or
        where no answer is given by a national safety authority in response to the Agency’s
        recommendations within three months of receipt thereof, the Agency shall inform the
        Commission.
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                                                  DGE 2                                             EN
 ---pagebreak--- 6.      The Commission shall inform the Member State concerned of the issue and ask it to state
        its position regarding the recommendation referred to in paragraph 4. Where the answers
        provided are deemed not to be sufficient or, where no answer is given by the Member State
        within three months of the Commission’s request, the Commission may within six months
        take appropriate action concerning the steps to be taken as a result of the audit, where
        relevant.
7.      The Agency shall be entitled to conduct pre-announced inspections of national safety
        authorities, to verify specific areas of their activities and operation, and in particular to
        review documents, processes and records relating to their tasks as referred to in Directive
        (EU) 2015/… ∗. The inspections may be conducted on an ad hoc basis or in accordance
        with a plan developed by the Agency. The duration of an inspection shall not exceed two
        days. The national authorities of the Member States shall facilitate the work of the
        Agency’s staff. The Agency shall provide the Commission, the Member State concerned
        and the national safety authority concerned with a report on each inspection.
        The policy, working methods and procedure for performing the inspections shall be
        adopted by the Management Board.
∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
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                                                  DGE 2                                              EN
 ---pagebreak---                                               Article 34
                        Monitoring of notified conformity assessment bodies
1.      For the purposes of Article 41 of Directive (EU) 2015/… ∗, the Agency shall support the
        Commission in monitoring the notified conformity assessment bodies through the
        provision of assistance to accreditation bodies and to the relevant national authorities, and
        through audits and inspections, as provided for in paragraphs 2 to 6.
2.      The Agency shall support harmonised accreditation of notified conformity assessment
        bodies, in particular by giving the accreditation bodies appropriate guidance on evaluation
        criteria and procedures to assess whether notified bodies meet the requirements referred to
        in Chapter VI of Directive (EU) 2015/…∗, via the European accreditation infrastructure
        recognised pursuant to Article 14 of Regulation (EC) No 765/2008.
3.      In the case of notified conformity assessment bodies which are not accredited in
        accordance with Article 27 of Directive (EU) 2015/…∗, the Agency may audit their
        capacity to meet the requirements laid down in Article 30 of Directive (EU) 2015/…∗. The
        procedure for performing audits shall be adopted by the Management Board.
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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                                                DGE 2                                             EN
 ---pagebreak--- 4.      The Agency shall issue audit reports covering the activities referred to in paragraph 3 and
        send them to the notified conformity assessment body concerned, to the Member State
        concerned and to the Commission. Each audit report shall include, in particular, a list of
        any deficiencies identified by the Agency as well as recommendations for improvement. If
        the Agency considers that those deficiencies prevent the notified conformity assessment
        body concerned from effectively performing its tasks in relation to railway interoperability,
        the Agency shall adopt a recommendation requesting the Member State in which that
        notified body is established to take appropriate steps, within a mutually agreed time-limit,
        taking into account the seriousness of the deficiency.
5.      Where a Member State disagrees with the recommendation referred to in paragraph 4 or
        does not take the appropriate steps referred to in paragraph 4, or where no answer is given
        by a notified body in response to the Agency’s recommendation within three months of
        receipt thereof, the Agency shall inform the Commission. The Commission shall inform
        the Member State concerned about the issue and ask it to state its position regarding the
        recommendation. Where the answers provided are deemed not to be sufficient or where no
        answer is given by the Member State within three months of receipt of the Commission’s
        request, the Commission may adopt a decision within a period of six months.
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                                               DGE 2                                            EN
 ---pagebreak--- 6.      The Agency shall be entitled to conduct pre-announced or unannounced inspections of
        notified conformity assessment bodies, to verify specific areas of their activities and
        operation, and in particular to review documents, certificates and records relating to their
        tasks as referred to in Article 41 of Directive (EU) 2015/… ∗. In the case of accredited
        bodies, the Agency shall cooperate with the relevant national accreditation bodies. In the
        case of conformity assessment bodies which are not accredited, the Agency shall cooperate
        with the relevant national authorities that recognised the notified bodies concerned. The
        inspections may be conducted on an ad hoc basis or in accordance with the policy, working
        methods and procedures developed by the Agency. The duration of an inspection shall not
        exceed two days. The notified conformity assessment bodies shall facilitate the work of the
        Agency’s staff. The Agency shall provide the Commission and the Member State
        concerned with a report on each inspection.
                                               Article 35
                     Monitoring progress of railway safety and interoperability
1.      The Agency, together with the national investigation bodies, shall collect relevant data on
        accidents and incidents, taking into account the contribution of the national investigation
        bodies to the safety of the Union rail system.
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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                                                DGE 2                                            EN
 ---pagebreak--- 2.      The Agency shall monitor the overall safety performance of the Union rail system. The
        Agency may in particular seek the assistance of the bodies referred to in Article 38,
        including assistance in the form of the collection of data and access to the results of the
        peer review in accordance with Article 22(7) of Directive (EU) 2015/… ∗. The Agency
        shall also draw on the data collected by Eurostat and shall cooperate with Eurostat to
        prevent any duplication of work and to ensure methodological consistency between the
        CSIs and the indicators used in other modes of transport.
3.      At the Commission’s request, the Agency shall issue recommendations on how to improve
        the interoperability of the Union rail system, in particular by facilitating coordination
        between railway undertakings and infrastructure managers, or between infrastructure
        managers.
4.      The Agency shall monitor progress on the safety and interoperability of the Union rail
        system. Every two years it shall present to the Commission, and publish, a report on
        progress on safety and interoperability in the single European railway area.
5.      The Agency shall, at the Commission’s request, provide reports on the state of
        implementation and application of Union legislation on railway safety and interoperability
        in a given Member State.
6.      The Agency shall, at the request of a Member State or the Commission, provide an
        overview of the safety and interoperability level of the Union rail system and establish a
        dedicated tool for that purpose, in accordance with Article 53(2) of Directive (EU)
        2015/…∗∗.
∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
∗∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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                                                DGE 2                                             EN
 ---pagebreak---                                           CHAPTER 8
                        OTHER TASKS OF THE AGENCY
                                               Article 36
                                             Railway staff
1.      The Agency shall perform the appropriate tasks relating to railway staff set out in
        Articles 4, 22, 23, 25, 28, 33, 34, 35 and 37 of Directive 2007/59/EC of the
        European Parliament and of the Council 1.
2.      The Commission may request the Agency to perform other tasks relating to railway staff in
        accordance with Directive 2007/59/EC and to issue recommendations relating to railway
        staff entrusted with safety tasks not covered by Directive 2007/59/EC.
3.      The Agency shall consult the national authorities competent with regard to railway staff
        issues concerning the tasks referred to in paragraphs 1 and 2. The Agency may promote
        cooperation between those authorities, including by organising appropriate meetings with
        their representatives.
1
      Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on
      the certification of train drivers operating locomotives and trains on the railway system in
      the Community (OJ L 315, 3.12.2007, p. 51).
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                                                 DGE 2                                          EN
 ---pagebreak---                                                Article 37
                                   Registers and their accessibility
1.      The Agency shall set up and maintain, where relevant in cooperation with the competent
        national actors:
        (a)   the European Vehicle Register in accordance with Article 47 of Directive (EU)
              2015/… ∗;
        (b)   the European register of authorised vehicle types in accordance with Article 48 of
              Directive (EU) 2015/…∗.
2.      The Agency shall act as the system authority for all registers and databases referred to in
        Directive (EU) 2015/…∗, Directive (EU) 2015/… ∗∗ and Directive 2007/59/EC. Its actions
        in that capacity shall include, in particular:
        (a)   developing and maintaining specifications of the registers;
        (b)   coordinating developments in the Member States in relation to the registers;
        (c)   providing guidance on the registers to relevant stakeholders;
        (d)   addressing recommendations to the Commission regarding improvements to the
              specifications of existing registers, where necessary including simplification and
              deletion of redundant information, and any need to set up new ones, subject to a
              cost-benefit analysis.
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
∗∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
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                                                 DGE 2                                          EN
 ---pagebreak--- 3.      The Agency shall make the following documents and registers provided for in Directive
        (EU) 2015/… ∗ and Directive (EU) 2015/… ∗∗ publicly available:
        (a)   the ‘EC’ declarations of verification of subsystems;
        (b)   the ‘EC’ declarations of conformity of interoperability constituents and ‘EC’
              declarations of suitability of use of interoperability constituents;
        (c)   the licences issued in accordance with Article 24(8) of Directive 2012/34/EU of the
              European Parliament and of the Council 1;
        (d)   the single safety certificates issued in accordance with Article 10 of Directive (EU)
              2015/…∗∗;
        (e)   the investigation reports sent to the Agency in accordance with Article 24 of
              Directive (EU) 2015/…∗∗;
        (f)   the national rules notified to the Commission in accordance with Article 8 of
              Directive (EU) 2015/…∗∗ and Article 14 of Directive (EU) 2015/…∗;
        (g)   the vehicle registers referred to in Article 47 of Directive (EU) 2015/…∗, including
              via the links to relevant national registers;
        (h)   the infrastructure registers, including via the links to relevant national registers;
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
∗∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
1
      Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012
      establishing a single European railway area (OJ L 343. 14.12.2012, p. 32).
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 ---pagebreak---         (i)   the registers relating to entities in charge of maintenance and their certification
              bodies;
        (j)   the European register of authorised types of vehicles in accordance with Article 48 of
              Directive (EU) 2015/… ∗;
        (k)   the register of requests for changes and planned changes to the ERTMS
              specifications, in accordance with Article 28(2) of this Regulation;
        (l)   the register of requests for changes and planned changes to the TSIs for telematics
              applications for passengers (‘TAPs’) and telematics applications for freight (‘TAFs’),
              in accordance with Article 23(2) of this Regulation;
        (m) the register of vehicle keeper markings kept by the Agency in accordance with the
              TSI on operation and traffic management;
        (n)   the quality reports issued in accordance with Article 28(2) of Regulation (EC)
              No 1371/2007 of the European Parliament and of the Council 1.
4.      The practical arrangements for sending the documents referred to in paragraph 3 shall be
        discussed and agreed by the Commission and the Member States on the basis of a draft
        prepared by the Agency.
5.      When the documents referred to in paragraph 3 are being sent, the bodies concerned may
        indicate which documents are not to be disclosed to the public for reasons of security.
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
1
      Regulation (EC) No 1371/2007 of the European Parliament and of the Council
      of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).
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 ---pagebreak--- 6.      The national authorities responsible for issuing the licences referred to in point (c) of
        paragraph 3 of this Article shall notify the Agency of each individual decision to issue,
        renew, amend or revoke those licenses, in accordance with Directive 2012/34/EU.
        The national safety authorities responsible for issuing the single safety certificates referred
        to in point (d) of paragraph 3 of this Article shall notify the Agency, in accordance with
        Article 10(16) of Directive (EU) 2015/… ∗, of each individual decision to issue, renew,
        amend, restrict or revoke those certificates.
7.      The Agency may include any public document or link relevant to the objectives of this
        Regulation in the public database, taking into account applicable Union legislation on data
        protection.
                                               Article 38
                           Cooperation among national safety authorities,
                            investigating bodies and representative bodies
1.      The Agency shall establish a network of the national safety authorities referred to in
        Article 16 of Directive (EU) 2015/…∗. The Agency shall provide the network with a
        secretariat.
2.      The Agency shall support the investigating bodies in accordance with Article 22(7) of
        Directive (EU) 2015/…∗. To facilitate cooperation among the investigating bodies, the
        Agency shall provide a secretariat which shall be organised separately from the functions
        within the Agency relating to safety certification of railway undertakings and
        authorisations to place vehicles on the market.
∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
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 ---pagebreak--- 3.      The objectives of the cooperation between the bodies referred to in paragraph 1 and 2 shall
        be, in particular:
        (a)    exchange of information relating to railway safety and interoperability;
        (b)    promotion of good practices and dissemination of relevant knowledge;
        (c)    provision to the Agency of data on railway safety, in particular data relating to CSIs.
        The Agency shall facilitate cooperation between the national safety authorities and national
        investigating bodies, in particular by holding joint meetings.
4.      The Agency may establish a network of representative bodies from the railway sector
        acting at Union level. The list of those bodies shall be defined by the Commission. The
        Agency may provide the network with a secretariat. The tasks of the network shall be, in
        particular:
        (a)    exchange of information relating to railway safety and interoperability;
        (b)    promotion of good practices and dissemination of relevant knowledge;
        (c)    provision to the Agency of data on railway safety and interoperability.
5.      The networks and bodies referred to in paragraphs 1, 2 and 4 of this Article may comment
        on the draft opinions referred to in Article 10(2).
6.      The Agency may establish other networks with bodies or authorities having responsibility
        for a part of the Union rail system.
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 ---pagebreak--- 7.       The Commission may participate in the meetings of networks referred to in this Article.
                                               Article 39
                                  Communication and dissemination
The Agency shall communicate and disseminate to relevant stakeholders information relating to the
Union framework of railway law and the development of standards and guidance in accordance
with relevant communication and dissemination plans adopted by the Management Board on the
basis of a draft prepared by the Agency. Those plans, based on an analysis of needs, shall be
regularly updated by the Management Board.
                                               Article 40
                                Research and promotion of innovation
1.       The Agency shall contribute, at the Commission’s request or on its own initiative subject
         to the procedure referred to in Article 52(4), to railway research activities at Union level,
         including by providing support to relevant Commission services and representative bodies.
         Such contributions shall be without prejudice to other research activities at Union level.
2.       The Commission may entrust the Agency with the task of promoting innovation aimed at
         improving railway safety and interoperability, particularly the use of new information
         technologies, timetable information and tracking and tracing systems.
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 ---pagebreak---                                                Article 41
                                     Assistance to the Commission
The Agency shall, at the Commission’s request, assist the Commission with the implementation of
Union legislation aimed at enhancing the level of interoperability of railway systems and at
developing a common approach to safety on the Union rail system.
Such assistance may include providing technical advice in matters requiring specific knowledge and
collecting information through the networks referred to in Article 38.
                                               Article 42
                            Assistance with the assessment of rail projects
Without prejudice to the derogations provided for by Article 7 of Directive (EU) 2015/… ∗, the
Agency shall, at the Commission’s request, examine, from the point of view of railway safety and
interoperability, any project involving the design, construction, renewal or upgrading of any
subsystem in respect of which an application for Union financial support has been submitted.
Within a period to be agreed with the Commission, which may not exceed two months, taking into
account the importance of the project and the resources available, the Agency shall give an opinion
on whether the project complies with the relevant railway safety and interoperability legislation.
∗
        OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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 ---pagebreak---                                                Article 43
                 Assistance to Member States, candidate countries and stakeholders
1.      At the request of the Commission, Member States, candidate countries or the networks
        referred to in Article 38, the Agency shall engage in training and other appropriate
        activities concerning the application and explanation of railway safety and interoperability
        legislation and related products of the Agency such as registers, implementation guides and
        recommendations.
2.      The nature and extent of the activities referred to in paragraph 1, including the possible
        impact on resources, shall be decided by the Management Board and included in the
        Agency’s programming document. The costs of such assistance shall be borne by the
        requesting parties unless otherwise agreed.
                                               Article 44
                                        International relations
1.      In so far as is necessary in order to achieve the objectives set out in this Regulation, and
        without prejudice to the respective competences of the Member States, the institutions of
        the Union and the European External Action Service, the Agency may strengthen
        coordination with international organisations on the basis of concluded agreements and
        develop contacts and enter into administrative arrangements with supervisory authorities,
        international organisations and the administrations of third countries competent in matters
        covered by Agency activities in order to keep up with scientific and technical
        developments and to ensure promotion of the Union railways legislation and standards.
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 ---pagebreak--- 2.       The arrangements referred to in paragraph 1 shall not create legal obligations incumbent on
         the Union and its Member States, nor shall they prevent Member States and their
         competent authorities from concluding bilateral or multilateral arrangements with the
         supervisory authorities, international organisations and the administrations of third
         countries referred to in paragraph 1. Such bilateral or multilateral arrangements and
         cooperation shall be subject to prior discussion with the Commission and periodical
         reporting to it. The Management Board shall be duly informed of those bilateral or
         multilateral arrangements.
3.       The Management Board shall adopt a strategy for relations with third countries or
         international organisations concerning matters for which the Agency is competent. That
         strategy shall be included in the programming document of the Agency, with a
         specification of associated resources.
                                               Article 45
                                  Coordination regarding spare parts
The Agency shall contribute to the identification of potential interchangeable spare parts to be
standardised, including main interfaces to such spare parts. To that end, the Agency may establish a
working party to coordinate the activities of relevant stakeholders and may establish contacts with
the European standardisation bodies. The Agency shall present to the Commission appropriate
recommendations.
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 ---pagebreak---                                         CHAPTER 9
                       ORGANISATION OF THE AGENCY
                                             Article 46
                             Administrative and management structure
The Agency’s administrative and management structure shall comprise:
(a)     a Management Board, which shall exercise the functions set out in Article 51;
(b)     an Executive Board, which shall exercise the functions set out in Article 53;
(c)     an Executive Director, who shall exercise the duties set out in Article 54;
(d)     one or more Boards of Appeal, which shall exercise the functions set out in Articles 58
        to 62.
                                             Article 47
                              Composition of the Management Board
1.      The Management Board shall be composed of one representative from each Member State
        and two representatives of the Commission, all with a right to vote.
        The Management Board shall also include six representatives, without a right to vote,
        representing, at European level, the following stakeholders:
        (a)    railway undertakings;
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 ---pagebreak---         (b)    infrastructure managers;
        (c)    the railway industry;
        (d)    trade-union organisations;
        (e)    passengers;
        (f)    freight customers.
        For each of those stakeholders, the Commission shall appoint a representative and an
        alternate from a shortlist of four names submitted by their respective European
        organisations.
2.      Board members and their alternates shall be appointed in light of their knowledge of the
        Agency’s core business, taking into account relevant managerial, administrative and
        budgetary skills. All parties shall make efforts to limit turnover of their representatives on
        the Management Board, in order to ensure continuity of the Management Board’s work.
        All parties shall aim to achieve a balanced gender representation on the Management
        Board.
3.      Member States and the Commission shall appoint members of the Management Board and
        their respective alternates who shall replace the members in their absence.
4.      The term of office of the members shall be four years and may be renewed.
5.      Where appropriate, the participation of representatives of third countries and the conditions
        of such participation shall be established in the arrangements referred to in Article 75.
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 ---pagebreak---                                                Article 48
                               Chairperson of the Management Board
1.      The Management Board shall elect, by a two-thirds majority of its members entitled to
        vote, a chairperson from among the representatives of the Member States 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 or her duties.
2.      The term of office of the chairperson and deputy chairperson shall be four years and may
        be renewed once. If, however, their membership of the Management Board ends at any
        time during their term of office, their term of office shall automatically also expire on that
        date.
                                               Article 49
                                               Meetings
1.      Meetings of the Management Board shall be conducted in accordance with its rules of
        procedure and convened by its chairperson. The Executive Director of the Agency shall
        participate in the meetings, except when his or her participation may lead to a conflict of
        interests, as decided by the chairperson, or when the Management Board is to take a
        decision relating to Article 70, in accordance with point (i) of Article 51(1).
        The Management Board may invite any person whose opinion may be of interest to attend
        specific agenda items of its meetings as an observer.
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 ---pagebreak--- 2.       The Management Board shall meet at least twice a year. It shall also meet on the initiative
         of the chairperson or at the request of the Commission, of a majority of its members, or of
         one-third of the Member States’ representatives on the Board.
3.       When a matter of confidentiality or a conflict of interest arises, the Management Board
         may decide to examine specific items on its agenda without the members concerned being
         present. This does not affect the right of the Member States and of the Commission to be
         represented by an alternate or by any other person. Detailed rules for the application of this
         provision shall be laid down in the Management Board’s rules of procedure.
                                               Article 50
                                                 Voting
Unless stated otherwise in this Regulation, the Management Board shall take its decisions by an
absolute majority of its members entitled to vote. Each member entitled to vote shall have one vote.
                                               Article 51
                                 Functions of the Management Board
1.       In order to ensure that the Agency carries out its tasks, the Management Board shall:
         (a)   adopt the annual report on the Agency’s activities for the previous year, send it
               by 1 July to the European Parliament, the Council, the Commission and the Court of
               Auditors, and make it public;
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 ---pagebreak---         (b) adopt each year, by a two-thirds majority of its members entitled to vote, after having
            received the opinion of the Commission and in accordance with Article 49, the
            programming document of the Agency;
        (c) adopt, by a two-thirds majority of its members entitled to vote, the annual budget of
            the Agency and exercise other functions in relation to the Agency’s budget, in
            accordance with Chapter 10;
        (d) establish procedures for decision-making by the Executive Director;
        (e) adopt a policy, working methods and procedures in relation to visits, audits and
            inspections pursuant to Articles 11, 33 and 34;
        (f) establish its rules of procedure;
        (g) adopt and update the communication and dissemination plans referred to in
            Article 39;
        (h) subject to paragraph 2, exercise, with respect to the staff of the Agency, the powers
            conferred by the Staff Regulations of Officials of the European Union and the
            Conditions of Employment of Other Servants of the Union (‘Staff Regulations’ and
            the ‘Conditions of Employment of Other Servants’) laid down in Regulation (EEC,
            Euratom, ECSC) No 259/68 1 on the appointing authority and on the authority
            empowered to conclude contracts of employment;
        (i) take duly reasoned decisions in relation to waiver of immunity in accordance with
            Article 17 of Protocol No 7 on the privileges and immunities of the European Union;
1
      OJ L 56, 4.3.1968, p. 1.
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 ---pagebreak---         (j) submit to the Commission, for its agreement, rules for the implementation of the
            Staff Regulations and the Conditions of Employment of Other Servants if they are
            different from those adopted by the Commission, in accordance with the procedure
            provided for in Article 110 of the Staff Regulations;
        (k) appoint the Executive Director and, where appropriate, extend his or her term of
            office or remove him or her from the office, by a two-thirds majority of its members
            entitled to vote, in accordance with Article 68;
        (l) appoint the members of the Executive Board, by a two-third majority of its members
            entitled to vote, in accordance with Article 53;
        (m) adopt a mandate for the tasks of the Executive Board referred to in Article 53;
        (n) adopt decisions relating to the arrangements referred to in Article 75(2);
        (o) appoint and remove the members of the Boards of Appeal, by a two-thirds majority
            of its members entitled to vote, in accordance with Articles 55 and 56(4);
        (p) adopt a decision laying down rules on the secondment to the Agency of national
            experts, in accordance with Article 69;
        (q) adopt an anti-fraud strategy proportionate to the risks of fraud, having regard to a
            cost-benefit analysis of the measures to be implemented;
        (r) ensure adequate follow-up to the findings and recommendations stemming from
            investigations of the European Anti-fraud Office (OLAF) and the various internal or
            external audit reports and evaluations, verifying that appropriate actions are taken by
            the Executive Director;
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 ---pagebreak---         (s) adopt rules for the prevention and management of conflicts of interest in respect of
            members of the Management Board and of the Boards of Appeal, and of participants
            in working parties and groups referred to in Article 5(2) and other staff not covered
            by the Staff Regulations. Such rules shall include provisions on declarations of
            interest and, where appropriate, post-employment;
        (t) adopt guidelines and the list of the main elements to be included in the cooperation
            agreements to be concluded between the Agency and the national safety authorities,
            taking into account the provisions of Article 76;
        (u) adopt a framework model for the financial apportionment of the fees and charges
            payable by applicants as referred to in Article 76(2), for the purposes of Articles 14,
            20 and 21;
        (v) establish procedures for cooperation by the Agency and its staff in national judicial
            proceedings;
        (w) adopt rules of procedure of working parties and groups, and scales relating to travel
            and subsistence expenses of their members as referred to in Article 5(5) and (9);
        (x) appoint an observer from amongst its members to follow the selection procedure
            applied by the Commission for the appointment of the Executive Director;
        (y) adopt appropriate rules for the implementation of Regulation No 1 1, in accordance
            with the voting rules defined in Article 74(1).
1
      Regulation No 1 of 15 April 1958 determining the languages to be used in the European
      Economic Community (OJ 17, 6.10.1958, p. 385).
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 ---pagebreak--- 2.      The Management Board shall adopt, in accordance with the procedure provided for in
        Article 110 of the Staff Regulations, a decision in application of Article 2(1) of the Staff
        Regulations and of Article 6 of the Conditions of Employment of Other Servants
        delegating the relevant appointing authority powers to the Executive Director and laying
        down the conditions under which that delegation of powers may be suspended. The
        Executive Director shall be authorised to subdelegate those powers. The Executive
        Director shall inform the Management Board of such subdelegations.
        In application of the first subparagraph, where exceptional circumstances so require, the
        Management Board may, by way of a decision, suspend temporarily the delegation of
        appointing authority powers to the Executive Director and those subdelegated by the latter
        and exercise them itself or delegate them to one of its members or to a staff member other
        than the Executive Director. The delegate shall report to the Management Board on the
        exercise of such a delegation.
                                              Article 52
                                       Programming document
1.      The Management Board shall adopt the programming document containing annual and
        multi-annual programmes by 30 November each year, taking into account the opinion of
        the Commission, and shall forward it to the Member States, the European Parliament, the
        Council and the Commission and to the networks referred to in Article 38. The annual
        work programme shall lay down the actions that the Agency is to perform during the
        coming year.
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 ---pagebreak---         The Management Board shall establish appropriate procedures to be applied for the
        adoption of the programming document, including for the consultation of relevant
        stakeholders.
2.      The programming document shall become definitive after final adoption of the Union
        general budget and, if necessary, shall be adjusted accordingly.
        If, within 15 days of the date of adoption of the programming document, the Commission
        expresses its disagreement with such document, the Management Board shall re-examine
        the programme and adopt it, as amended if necessary, within a period of two months, in
        second reading either by a two-thirds majority of its members entitled to vote, including all
        Commission representatives, or by unanimity of the representatives of the Member States.
3.      The Agency’s annual work programme shall identify the objectives of each activity. As a
        general rule, each activity shall be clearly linked with the budgetary and human resources
        required to carry it out, in accordance with the principles of activity-based budgeting and
        management and the early impact-assessment procedure provided for in Article 8(2).
4.      The Management Board shall, if necessary, amend the adopted programming document
        when a new task is assigned to the Agency. The inclusion of such a new task shall be
        subject to an analysis of the human and budgetary resources implications in accordance
        with Article 8(2), and may be subject to a decision to postpone other tasks.
5.      The Agency’s multi-annual work programme shall set out overall strategic programming,
        including objectives, expected results and performance indicators. It shall also set out
        resource programming, including the multiannual budget and staff. The
        European Parliament shall be consulted on the draft multi-annual work programme.
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 ---pagebreak---         The resource programming shall be updated annually. The strategic programming shall be
        updated where appropriate, in particular to address the outcome of the evaluation and
        review referred to in Article 82.
                                              Article 53
                                          Executive Board
1.      The Management Board shall be assisted by an Executive Board.
2.      The Executive Board shall prepare decisions to be adopted by the Management Board.
        Where necessary, on grounds of urgency, it shall take certain provisional decisions on
        behalf of the Management Board, in particular on administrative and budgetary matters,
        subject to a mandate received from the Management Board.
        Together with the Management Board, the Executive Board shall ensure adequate
        follow-up to the findings and recommendations stemming from investigations by OLAF
        and the various internal or external audit reports and evaluations, including by means of
        appropriate actions of the Executive Director.
        Without prejudice to the responsibilities of the Executive Director, as set out in Article 54,
        the Executive Board shall assist and advise the Executive Director in the implementation
        of decisions of the Management Board, with a view to reinforcing supervision of
        administrative and budgetary management.
3.      The Executive Board shall be composed of the following members:
        (a)   the chairperson of the Management Board;
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 ---pagebreak---         (b)    four of the other representatives of Member States on the Management Board; and
        (c)    one of the representatives of the Commission on the Management Board.
        The chairperson of the Management Board shall act as the chairperson of the Executive
        Board.
        The four representatives of the Member States, and their alternates, shall be appointed by
        the Management Board on the basis of their relevant competence and experience. When
        appointing them, the Management Board shall aim to achieve a balanced gender
        representation on the Executive Board.
4.      The term of office of members of the Executive Board shall be the same as that of
        members of the Management Board unless the Management Board decides that it is to be
        shorter.
5.      The Executive Board shall meet at least once every three months and, where possible, not
        less than two weeks prior to the meeting of the Management Board. The chairperson of the
        Executive Board shall convene additional meetings at the request of its members or of the
        Management Board.
6.      The Management Board shall lay down the rules of procedure of the Executive Board,
        shall be periodically informed of the work of the Executive Board, and shall have access to
        its documents.
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 ---pagebreak---                                               Article 54
                                  Duties of the Executive Director
1.      The Agency shall be managed by its Executive Director, who shall be completely
        independent in the performance of his or her duties. The Executive Director shall be
        accountable to the Management Board for his or her activities.
2.      Without prejudice to the powers of the Commission, the Management Board or the
        Executive Board, the Executive Director shall neither seek nor take instructions from any
        government or from any other body.
3.      Upon being requested to do so by the European Parliament or the Council, the Executive
        Director shall report on the performance of his or her duties to the institution concerned.
4.      The Executive Director shall be the legal representative of the Agency and shall adopt
        decisions, recommendations, opinions and other formal acts of the Agency.
5.      The Executive Director shall be responsible for the administrative management of the
        Agency and for the implementation of the tasks assigned to it by this Regulation. In
        particular, the Executive Director shall be responsible for:
        (a)   the day-to-day administration of the Agency;
        (b)   implementing the decisions adopted by the Management Board;
        (c)   preparing the programming document and submitting it to the Management Board
              after consultation of the Commission;
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 ---pagebreak---         (d) implementing the programming document and, as far as possible, responding to
            requests for assistance from the Commission in relation to the tasks of the Agency in
            accordance with this Regulation;
        (e) preparing the consolidated annual report on the Agency’s activities, including the
            declaration of the authorising officer stating whether he or she has a reasonable
            assurance in accordance with point (b) of Article 47(1) of Commission Delegated
            Regulation (EU) No 1271/2013 and point (a) of Article 51(1) of this Regulation, and
            presenting it to the Management Board for assessment and adoption;
        (f) taking the necessary steps, in particular the issuing of internal administrative
            instructions and the publication of orders, to ensure that the Agency operates in
            accordance with this Regulation;
        (g) establishing an effective monitoring system enabling the Agency’s results to be
            compared with its operational objectives and establishing a regular assessment
            system corresponding to recognised professional standards;
        (h) preparing on a yearly basis a draft general report on the basis of the monitoring and
            assessment systems referred to in point (g), and submitting it to the Management
            Board;
        (i) preparing the Agency’s draft statement of estimates of the revenue and expenditure
            of the Agency pursuant to Article 64 and implementing the budget pursuant to
            Article 65;
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 ---pagebreak---         (j) taking the necessary steps to follow the work of the networks of national safety
            authorities, investigating bodies and representative bodies referred to in Article 38;
        (k) preparing an action plan following up on the conclusions of the internal or external
            audit reports and evaluations, as well as investigations by OLAF, and reporting on
            progress bi-annually to the Commission and regularly to the Management Board;
        (l) protecting the financial interests of the Union by the application of measures to
            prevent fraud, corruption and any other illegal activities, by effective checks and,
            where irregularities are detected, by the recovery of the amounts wrongly paid and,
            where appropriate, by the imposition of effective, proportionate and dissuasive
            administrative and financial penalties;
        (m) preparing an anti-fraud strategy of the Agency and presenting it to the Management
            Board for approval;
        (n) preparing the Agency’s draft financial regulation for adoption by the Management
            Board under Article 66, and its implementing rules;
        (o) concluding, on behalf of the Agency, cooperation agreements with national safety
            authorities in accordance with Article 76.
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 ---pagebreak---                                                 Article 55
                       Establishment and composition of the Boards of Appeal
1.      By decision of the Management Board, the Agency shall establish one or more Boards of
        Appeal which shall be in charge of the appeals and arbitration procedures referred to in
        Articles 58 and 61.
2.      Each Board of Appeal shall be composed of a chairperson and two other members. They
        shall have alternates to represent them in their absence, or where any conflicts of interest
        arise.
3.      The establishment and composition of Boards of Appeal shall be decided on a case-by-case
        basis. Alternatively, a Board of Appeal may be established as a permanent body for a
        maximum period of four years. In both cases, the following procedure applies:
        (a)    the Commission shall draw up a list of qualified experts based on relevant
               competence and experience, and following an open selection procedure;
        (b)    the Management Board shall appoint the chairperson, the other members and their
               alternates from the list referred to in point (a). Where the Board of Appeal is not
               established as a permanent body, the Management Board shall take into account the
               nature and content of the appeal or arbitration, and avoid any conflict of interest in
               accordance with Article 57.
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 ---pagebreak--- 4.      Where the Board of Appeal considers that the nature of the appeal so requires, it may
        request the Management Board to appoint two additional members and their alternates
        from the list referred to in point (a) of paragraph 3.
5.      On a proposal by the Agency, and after consulting the Management Board, the
        Commission shall establish the rules of procedure of the Boards of Appeal, including the
        voting rules the procedures for filing an appeal and the conditions for reimbursement of
        expenses of their members. Those implementing acts shall be adopted in accordance with
        the examination procedure referred to in Article 81(3).
6.      The Boards of Appeal may request the opinion of experts from the Member States
        concerned, in particular with a view to clarifying the national legislation concerned, during
        the initial examination phase of the procedure.
                                                Article 56
                                   Members of the Boards of Appeal
1.      In the case of a permanent Board of Appeal, the term of office of its members and
        alternates shall be limited to four years and may be renewed once. In other cases, the term
        of office shall be limited to the duration of the appeal or arbitration.
2.      Members of Boards of Appeal shall be independent from all parties involved in the appeal
        or arbitration and may not perform any other duties within the Agency. In their
        deliberations and decisions they shall not be bound by any instructions and shall be free
        from any conflict of interest.
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 ---pagebreak--- 3.      Members of Boards of Appeal shall not be part of the Agency’s staff and shall be
        remunerated for their actual involvement in a given appeal or arbitration.
4.      Members of Boards of Appeal may not be removed from office during their term of office,
        unless there are serious grounds for such removal and the Management Board takes a
        decision to that effect.
5.      Members of Boards of Appeal may not be removed from the list of qualified experts
        during their term of office, unless there are serious grounds for such removal and the
        Commission takes a decision to that effect.
                                              Article 57
                                       Exclusion and objection
1.      Members of Boards of Appeal may not take part in any appeal or arbitration proceedings if
        they have any personal interest in the proceedings, if they have previously been involved
        as representatives of one of the parties to the proceedings, or if they participated in the
        taking of the decision appealed against.
2.      Where a member of a Board of Appeal considers that it is not appropriate for him or her or
        any other member to take part in any appeal or arbitration proceeding, on any of the
        grounds referred to in paragraph 1 or for any other reason, that member shall inform the
        Board of Appeal, which shall decide on the exclusion of the person concerned on the basis
        of the rules adopted by the Management Board pursuant to point (s) of Article 51(1).
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 ---pagebreak--- 3.      Any party to the appeal or arbitration proceedings may object, in accordance with the rules
        of procedure established pursuant to Article 55(5), to any member of the Board of Appeal
        on any of the grounds referred to in paragraph 1 of this Article, or if that member is
        suspected of partiality. No objection may be based on the nationality of the member
        concerned.
4.      An objection under paragraph 3 shall only be admissible if it is made prior to the start of
        proceedings before the Board of Appeal, or, where the information constituting the
        grounds for the objection becomes known after the proceedings have started, within the
        deadlines laid down in the Board of Appeal’s rules of procedure. The Board of Appeal
        member concerned shall be notified of the objection and shall state whether he or she
        agrees to be excluded. If he or she does not agree, the Board of Appeal shall take a
        decision within the deadlines laid down in its rules of procedure or, where there is no
        response, after expiry of the deadline set for issuing a response.
5.      The Boards of Appeal shall decide as to the action to be taken in the cases specified in
        paragraphs 2, 3 and 4 without the participation of the member concerned. For the purpose
        of taking that decision, the member concerned shall be replaced on the Board of Appeal by
        his or her alternate. The Management Board shall be informed of the decisions taken by the
        Board of Appeal.
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 ---pagebreak---                                                Article 58
                            Appeals against decisions and failures to act
1.      An appeal may be brought before a Board of Appeal against a decision taken by the
        Agency pursuant to Articles 14, 20, 21 and 22 or if the Agency fails to act within the
        applicable time-limits, following completion of the inlerlocutory revision referred to in
        Article 60.
2.      An appeal lodged pursuant to paragraph 1 shall not have suspensory effect. However, upon
        request by the parties involved, the Board of Appeal may decide that the appeal in question
        is to have suspensory effect, if it considers that circumstances, such as impact on safety, so
        permit. In such a case, the Board of Appeal shall provide a statement of reasons for its
        decision.
                                               Article 59
                           Persons entitled to appeal, time-limit and form
1.      Any natural or legal person may appeal against a decision of the Agency addressed to that
        person, or of direct and individual concern to that person, pursuant to Articles 14, 20
        and 21, or if the Agency fails to act within the applicable time-limits.
2.      The appeal, together with the statement of grounds thereof, shall be filed in writing in
        accordance with the rules of procedure referred to in Article 55(5) within two months of
        notification of the measure to the person concerned, or, if the person is not notified of the
        measure, within two months of the day on which it came to the knowledge of that person.
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 ---pagebreak---          Appeals regarding a failure to act shall be filed at the Agency in writing within two months
         of the expiry of the time-limit set out in the relevant Article.
                                                 Article 60
                                          Interlocutory revision
1.       If the Agency considers the appeal to be admissible and well founded, it shall rectify the
         decision or failure to act referred to in Article 58(1). This shall not apply where the
         decision appealed against affects another party involved in the appeal proceedings.
2.       If the decision is not rectified within one month after receipt of the appeal, the Agency
         shall forthwith decide whether or not to suspend the application of its decision and shall
         refer the appeal to one of the Boards of Appeal.
                                                 Article 61
                                          Arbitration procedure
In the event of a disagreement between the Agency and a national safety authority or authorities
pursuant to Article 21(7) and Article 24 of Directive (EU) 2015/… ∗ and Article 10(7) and
Article 17(5) and (6) of Directive (EU) 2015/… ∗∗, the Board of Appeal assigned to the matter shall
act as an arbitrator upon request of the national safety authority or authorities concerned. In such a
case, the Board of Appeal shall decide whether to uphold the Agency’s position.
∗
        OJ: Please insert the number of the Directive in document 2013/0015 (COD).
∗∗
        OJ: Please insert the number of the Directive in document 2013/0016 (COD).
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 ---pagebreak---                                                Article 62
                       Examination and decisions on appeals and arbitration
1.      The Board of Appeal shall decide within three months of the appeal being filed whether to
        grant or refuse that appeal. When examining an appeal or acting as arbitrator, the Board of
        Appeal shall act within the deadlines laid down in its rules of procedure. It shall, as often
        as necessary, invite the parties to the appeal proceedings to file, within specified
        time-limits, observations on its notifications or on communications from other parties to
        the appeal proceedings. Parties to the appeal proceedings shall be entitled to make oral
        representations.
2.      As regards arbitration, the Agency shall take its final decision in accordance with the
        procedures referred to in Article 21(7) of Directive (EU) 2015/… ∗ and Article 10(7) of
        Directive (EU) 2015/… ∗∗.
3.      Where the Board of Appeal finds that the grounds for appeal are founded, it shall remit the
        case to the Agency. The Agency shall take its final decision in compliance with the
        findings of the Board of Appeal and shall provide a statement of reasons for that decision.
        The Agency shall inform the parties to the appeal proceedings accordingly.
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
∗∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
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                                                 DGE 2                                             EN
 ---pagebreak---                                                Article 63
                      Actions before the Court of Justice of the European Union
1.      Actions for the annulment of Agency decisions taken pursuant to Articles 14, 20 and 21, or
        for failure to act within the applicable time-limits, may be brought before the Court of
        Justice of the European Union only after the appeal procedure within the Agency in
        accordance with Article 58 has been exhausted.
2.      The Agency shall take all necessary measures to comply with the judgment of the Court of
        Justice of the European Union.
                                         CHAPTER 10
                               FINANCIAL PROVISIONS
                                               Article 64
                                                Budget
1.      Estimates of all the revenue and expenditure of the Agency shall be prepared for each
        financial year, corresponding to the calendar year, and shall be set out in the budget of the
        Agency.
2.      Without prejudice to other resources, the revenue of the Agency shall consist of:
        (a)    a contribution from the Union and grants from Union bodies;
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 ---pagebreak---         (b)     any contribution from third countries participating in the work of the Agency, as
                provided for in Article 75;
        (c)     the fees paid by applicants for, and holders of, certificates and authorisations issued
                by the Agency in accordance with Articles 14, 20 and 21;
        (d)     charges for publications, training and any other services provided by the Agency;
        (e)     any voluntary financial contribution from Member States, third countries or other
                entities, provided such contribution is transparent, is clearly identified in the budget
                and does not compromise the independence and impartiality of the Agency.
3.      The expenditure of the Agency shall include staff, administrative, infrastructure and
        operational expenses.
4.      Revenue and expenditure shall be kept in balance.
5.      Each year, the Management Board, on the basis of a draft drawn up by the Executive
        Director in accordance with the principle of activity-based budgeting, shall produce a
        statement of estimates of revenue and expenditure for the Agency for the following
        financial year. That statement of estimates, which shall include a draft establishment plan,
        shall be forwarded by the Management Board to the Commission by 31 January at the
        latest.
6.      The statement of estimates shall be forwarded by the Commission to the
        European Parliament and the Council together with the preliminary draft general budget of
        the Union.
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 ---pagebreak--- 7.      On the basis of the statement of estimates, the Commission shall enter in the preliminary
        draft general budget of the Union the estimates it considers necessary for the establishment
        plan and the amount of the contribution to be charged to the general budget, which it shall
        place before the European Parliament and the Council in accordance with Article 314
        TFEU, together with a description of and justification for any difference between the
        Agency’s statement of estimates and the subsidy to be charged to the general budget.
8.      The European Parliament and the Council shall authorise the appropriations for the
        contribution to the Agency. The European Parliament and the Council shall adopt the
        establishment plan for the Agency.
9.      The budget shall be adopted by the Management Board, by a two-thirds majority of its
        members entitled to vote. The budget of the Agency shall become final following final
        adoption of the general budget of the Union. Where appropriate, it shall be adjusted
        accordingly.
10.     For any property-related project likely to have significant implications for the budget of the
        Agency, Article 203 of Regulation (EU, Euratom) No 966/2012 of the
        European Parliament and of the Council 1 shall apply.
                                             Article 65
                             Implementation and control of the budget
1.      The Executive Director shall implement the budget of the Agency.
1
      Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council
      of 25 October 2012 on the financial rules applicable to the general budget of the Union and
      repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
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 ---pagebreak--- 2.      By 1 March following each financial year, the Agency’s accounting officer shall
        communicate the provisional accounts to the Commission’s accounting officer together
        with a report on the budgetary and financial management for that financial year. The
        Commission’s accounting officer shall consolidate the provisional accounts of the
        institutions and decentralised bodies in accordance with Article 147 of Regulation (EU,
        Euratom) No 966/2012.
3.      By 31 March following each financial year, the Commission’s accounting officer shall
        forward the Agency’s provisional accounts to the Court of Auditors, together with a report
        on the budgetary and financial management for that financial year. The report on the
        budgetary and financial management for the financial year shall also be forwarded to the
        European Parliament and the Council.
        The Court of Auditors shall examine those accounts in accordance with Article 287 TFEU.
        It shall publish a report on the Agency’s activities every year.
4.      On receipt of the Court of Auditors’ observations on the Agency’s provisional accounts,
        pursuant to Article 148 of Regulation (EU, Euratom) No 966/2012, the accounting officer
        shall draw up the Agency’s final accounts. The Executive Director shall submit them to the
        Management Board for its opinion.
5.      The Management Board shall deliver an opinion on the Agency’s final accounts.
6.      The accounting officer shall, by 1 July following each financial year, forward the final
        accounts to the European Parliament, the Council, the Commission and the Court of
        Auditors, together with the Management Board’s opinion.
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 ---pagebreak--- 7.      The final accounts of the Agency shall be published.
8.      The Executive Director shall send the Court of Auditors a reply to its observations
        by 30 September following each financial year. He or she shall also send that reply to
        the Management Board and to the Commission.
9.      The Executive Director shall submit to the European Parliament, at the latter’s request, all
        information necessary for the smooth application of the discharge procedure for the
        financial year in question, in accordance with Article 165(3) of Regulation (EU, Euratom)
        No 966/2012.
10.     The European Parliament, on a recommendation from the Council acting by a qualified
        majority, shall, before 30 April of year N + 2, give a discharge to the Executive Director in
        respect of the implementation of the budget for year N.
                                              Article 66
                                           Financial rules
The financial rules applicable to the Agency shall be adopted by the Management Board after the
Commission has been consulted. They may not depart from Commission Delegated Regulation
(EU) No1271/2013 unless such a departure is specifically required for the Agency’s operation and
the Commission has given its prior consent thereto.
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 ---pagebreak---                                         CHAPTER 11
                                              STAFF
                                               Article 67
                                         General provisions
1.      The Staff Regulations and the Conditions of Employment of Other Servants, and the rules
        adopted by agreement between the institutions of the Union for giving effect to those Staff
        Regulations, shall apply to the staff of the Agency.
2.      Without prejudice to point (j) of Article 51(1) of this Regulation, implementing rules
        adopted by the Commission to give effect to the Staff Regulations and the Conditions of
        Employment of Other Servants, including the general implementing provisions, shall apply
        by analogy to the Agency, in accordance with Article 110 of the Staff Regulations.
3.      The Agency shall take appropriate administrative measures, inter alia through training and
        prevention strategies, to organise its services in such a way as to avoid any conflict of
        interest.
                                               Article 68
                                         Executive Director
1.      The Executive Director shall be engaged as a temporary agent of the Agency under point
        (a) of Article 2 of the Conditions of Employment of Other Servants.
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 ---pagebreak--- 2.      The Executive Director shall be appointed by the Management Board on the grounds of
        merit, documented administrative and managerial skills, and relevant knowledge and
        experience of the transport sector, from a list of at least three candidates proposed by the
        Commission, after an open and transparent selection procedure, following publication of
        the vacancy notice in the Official Journal of the European Union and elsewhere, as
        appropriate. Before the decision of the Management Board is taken, the observer referred
        to in point (x) of Article 51(1) shall report on the procedure.
        For the purposes of concluding the contract of engagement of the Executive Director, the
        Agency shall be represented by the chair of the Management Board.
        Before being appointed, the candidate selected by the Management Board may be invited
        to make a statement before the competent committee of the European Parliament and to
        answer questions put by its members.
3.      The term of office of the Executive Director shall be five years. By the end of that period,
        the Commission shall undertake an assessment of the performance of the Executive
        Director and of the Agency’s future tasks and challenges.
4.      The Management Board, acting on a proposal from the Commission taking into account
        the assessment referred to in paragraph 3, may extend the term of office of the Executive
        Director once, for no more than five years.
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 ---pagebreak--- 5.        The Management Board shall inform the European Parliament of its intention to extend the
          Executive Director’s term of office. Within one month before any such extension, the
          Executive Director may be invited to make a statement before the competent committee of
          the European Parliament and to answer questions put by its members.
6.        An Executive Director whose term of office has been extended may not participate in
          another selection procedure for the same post following such an extension of term of
          office.
7.        The Executive Director may be removed from office only upon a decision of the
          Management Board acting on a request from the Commission or from one third of its
          members.
                                               Article 69
                               Seconded national experts and other staff
The Agency may make use of seconded national experts or other staff who are not employed by the
Agency under the Staff Regulations and the Conditions of Employment of Other Servants.
Without prejudice to the rules laid down in the relevant Commission Decision on the secondment of
national experts, which apply to the Agency, the Management Board shall adopt a decision laying
down rules on the secondment to the Agency of national experts, including rules on the prevention
and management of conflicts of interest and on relevant restrictions for cases in which national
experts' independence and impartiality could be undermined.
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                                                DGE 2                                            EN
 ---pagebreak---                                            CHAPTER 12
                                  GENERAL PROVISIONS
                                                 Article 70
                                         Privileges and immunities
Protocol No 7 on the privileges and immunities of the European Union shall apply to the Agency
and its staff.
                                                 Article 71
                           Headquarters agreement and operating conditions
1.        Where the necessary arrangements concerning the accommodation to be provided for the
          Agency in the host Member State and the facilities to be made available by that
          Member State together with the specific rules applicable in that Member State to the
          Executive Director, members of the Management Board, Agency staff and members of
          their families are not yet in place or not yet provided for in a written agreement, an
          agreement between the Agency and the host Member State on all these elements shall be
          concluded, in accordance with the legal order of the host Member State, and after the
          approval of the Management Board, no later than … ∗. That agreement may take the form
          of a headquarters agreement.
2.        The host Member pate shall provide the best possible conditions to ensure the proper
          functioning of the Agency, including multilingual, European-oriented schooling and
          appropriate transport connections.
∗
        OJ: Please insert date: one year after the entry into force of this Regulation.
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 ---pagebreak---                                                Article 72
                                                Liability
1.      The contractual liability of the Agency shall be governed by the law applicable to the
        contract in question.
2.      The Court of Justice of the European Union shall have jurisdiction to adjudicate pursuant
        to any arbitration clause contained in a contract concluded by the Agency.
3.      In the event 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 performance of their duties.
4.      The Court of Justice of the European Union shall have jurisdiction in disputes relating to
        compensation for damage as referred to in paragraph 3.
5.      The personal liability of its staff towards the Agency shall be governed by the provisions
        laid down in the Staff Regulations or the Conditions of Employment of Other Servants
        applicable to them.
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 ---pagebreak---                                                Article 73
                             Cooperation with national judicial authorities
In the case of national judicial proceedings involving the Agency by reason of the Agency having
exercised its tasks in accordance with Article 19 and Article 21(6) of Directive (EU) 2015/… ∗
and 10(6) of Directive (EU) 2015/… ∗∗, the Agency and its staff shall cooperate without undue delay
with the competent national judicial authorities. Appropriate procedures to be applied in such
situations shall be established by the Management Board in accordance with point (v) of
Article 51(1).
                                               Article 74
                                       Language arrangements
1.       Regulation No 1 shall apply to the Agency. If necessary, the Management Board shall
         adopt appropriate rules for the implementation of that Regulation.
         At the request of a member of the Management Board, the decision in that regard shall be
         taken by unanimity.
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.
∗
        OJ: Please insert the number of the Directive in document 2013/0015 (COD).
∗∗
        OJ: Please insert the number of the Directive in document 2013/0016 (COD).
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                                                 DGE 2                                          EN
 ---pagebreak---                                               Article 75
                     Participation by third countries in the work of the Agency
1.      Without prejudice to Article 44, the Agency shall be open to participation by third
        countries, in particular by countries within the scope of the European Neighbourhood
        Policy, the Enlargement policy countries and EFTA countries which have concluded
        agreements with the Union under which the countries concerned have adopted and are
        applying Union law, or equivalent national measures, in the field covered by this
        Regulation, in accordance with the procedure laid down in Article 218 TFEU.
2.      In accordance with the relevant provisions of the agreements referred to in paragraph 1,
        arrangements shall be made between the Agency and the third countries concerned, setting
        out detailed rules for participation by those third countries in the work of the Agency, in
        particular the nature and extent of such participation. Those arrangements shall include
        provisions on financial contributions and staff. They may provide for representation of the
        third countries concerned, without the right to vote, on the Management Board.
        The Agency shall sign the arrangements after having received the agreement of the
        Commission and of the Management Board.
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 ---pagebreak---                                               Article 76
                          Cooperation with national authorities and bodies
1.      The Agency and the national safety authorities shall conclude cooperation agreements in
        relation to the implementation of Articles 14, 20 and 21, taking into account point (t) of
        Article 51(1).
2.      The cooperation agreements may be specific or framework agreements, and may involve
        one or more national safety authorities. They shall contain a specified description of tasks
        and conditions for deliverables, lay down the time-limits applying to their delivery, and
        determine the manner in which the fees payable by applicants are to be apportioned as
        between the Agency and the national safety authorities. Such apportionment shall take into
        account the framework model referred to in point (u) of Article 51(1).
3.      The cooperation agreements may also include specific cooperation arrangements in the
        case of networks requiring specific expertise for geographical or historical reasons, with a
        view to reducing administrative burdens and costs to the applicant. Where such networks
        are isolated from the rest of the Union rail system, such specific cooperation arrangements
        may include the possibility of contracting tasks to the relevant national safety authorities
        when this is necessary in order to ensure efficient and proportionate allocation of
        resources.
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 ---pagebreak--- 4.      In the case of those Member States whose rail networks have a track gauge that is different
        from that of the main rail network within the Union and share identical technical and
        operational requirements with neighbouring third countries, a multilateral cooperation
        agreement shall involve all the national safety authorities concerned in those
        Member States as provided for in Article 21(15) of Directive (EU) 2015/… ∗ and
        Article 11(3) of Directive (EU) 2015/… ∗∗.
5.      The cooperation agreements shall be in place before the Agency carries out its tasks in
        accordance with Article 83(4).
6.      The Agency may conclude cooperation agreements with other national authorities and
        competent bodies in relation to the implementation of Articles 14, 20 and 21.
7.      The cooperation agreements shall be without prejudice to the overall responsibility of the
        Agency for the performance of its tasks as provided for in Articles 14, 20 and 21.
8.      The Agency and the national safety authorities may work together and share best practices
        in relation to the implementation of Directive (EU) 2015/…∗ and of Directive (EU)
        2015/…∗∗.
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
∗∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
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 ---pagebreak---                                               Article 77
                                            Transparency
1.      Regulation (EC) No 1049/2001 of the European Parliament and of the Council 1 shall apply
        to documents held by the Agency.
        The Management Board shall adopt practical measures for the implementation of
        Regulation (EC) No 1049/2001 by … ∗.
        Decisions taken by the Agency pursuant to Article 8 of Regulation (EC)
        No 1049/2001 may form the subject of a complaint to the Ombudsman or of an action
        before the Court of Justice of the European Union under Articles 228 and 263 TFEU
        respectively.
2.      The Agency shall publish its recommendations, opinions, studies, reports and outcomes of
        impact assessments on its website, without prejudice to paragraph 1 and after all
        confidential material has been removed therefrom.
3.      The Agency shall make public the declarations of interests of the members of the Agency’s
        management and administrative structure listed in Article 46.
1
      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 (OJ L 145, 31.5.2001, p. 43).
∗
      OJ: Please insert date: one year after entry into force of this Regulation.
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                                               DGE 2                                        EN
 ---pagebreak---         The processing of personal data by the Agency shall be subject to Regulation (EC)
        No 45/2001 of the European Parliament and of the Council 1.
4.      The Management Board shall adopt measures to ensure that the Agency provides efficient,
        user-friendly and easily accessible information on its website about railway interoperability
        and safety processes and about other relevant railway documents.
                                              Article 78
                  Security rules for protecting classified or sensitive information
The Agency shall apply the principles contained in the Commission’s security rules for protecting
European Union Classified Information (EUCI) and sensitive non-classified information, as set out
in Commission Decision (EU, Euratom) 2015/444 2. This shall cover, inter alia, provisions for
exchanging, processing and storing such information.
1
      Regulation (EC) No 45/2001 of the European Parliament and of the Council
      of 18 December 2000 on the protection of individuals with regard to the processing of
      personal data by the Community institutions and bodies and on the free movement of such
      data (OJ L 8, 12.1.2001, p. 1).
2
      Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for
      protecting EU classified information (OJ L 72, 17.3.2015, p. 53).
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 ---pagebreak---                                                 Article 79
                                            Combating fraud
1.      In order to facilitate the fight against fraud, corruption and other unlawful activities under
        Regulation (EC) No 1073/1999, the Agency shall by … ∗ accede to the Inter-institutional
        Agreement of 25 May 1999 concerning internal investigations by OLAF and adopt the
        appropriate provisions applicable to all employees of the Agency, using the template set
        out in the Annex to that Agreement.
2.      The Court of Auditors shall have the power of audit, on the basis of documents and on the
        spot, over all grant beneficiaries, contractors and subcontractors who have received Union
        funds from the Agency.
3.      OLAF may carry out investigations, including on-the-spot checks and inspections, in
        accordance with the provisions and procedures laid down in Regulation (EU) No 883/2013
        and in Council Regulation (Euratom, EC) No 2185/96 1, with a view to establishing
        whether there has been any fraud, corruption or any other illegal activity affecting the
        financial interests of the Union in connection with a grant or contract funded by the
        Agency.
4.      Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries
        and international organisations, contracts, grant agreements and grant decisions of the
        Agency shall contain provisions expressly empowering the Court of Auditors and OLAF to
        conduct such audits and investigations in accordance with their respective competences.
∗
      OJ: Please insert date: six months after the entry into force of this Regulation.
1
      Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-
      spot checks and inspections carried out by the Commission in order to protect the European
      Communities’ financial interests against fraud and other irregularities (OJ L 292,
      15.11.1996, p. 2).
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                                                  DGE 2                                            EN
 ---pagebreak---                                         CHAPTER 13
                                   FINAL PROVISIONS
                                              Article 80
                           Implementing acts relating to fees and charges
1.      The Commission shall adopt, on the basis of the principles set out in paragraphs 2 and 3,
        implementing acts specifying:
        (a)   the fees and charges payable to the Agency, in particular in application of
              Articles 14, 20, 21 and 22; and
        (b)   the conditions of payment.
        Those implementing acts shall be adopted in accordance with the examination procedure
        referred to in Article 81(3).
2.      Fees and charges shall be levied for:
        (a)   the issuing and renewal of authorisations for the placing on the market of vehicles
              and types of vehicles;
        (b)   the issuing and renewal of single safety certificates;
        (c)   the provision of services; the fees and charges payable in this regard shall reflect the
              actual cost of each individual provision;
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 ---pagebreak---         (d)   the issuing of decisions for approval in accordance with Article 19 of Directive (EU)
              2015/… ∗.
        Fees and charges may be levied for the processing of appeals.
        All fees and charges shall be expressed, and payable, in euro.
        Fees and charges shall be set in a transparent, fair and uniform manner, taking into account
        the competitiveness of the European railway sector. They shall not lead to the imposition
        of unnecessary financial burdens on applicants. The specific needs of small and
        medium-sized enterprises, including the possibility of splitting payments into several
        instalments and phases, shall be taken into account, as appropriate.
        The fee for issuing the decision for approval shall be set in a proportionate manner, taking
        into account the different stages of the authorisation process for ERTMS trackside projects
        and the workload required for each of the stages. The apportionment of the fees shall be
        clearly identified in the accounts.
        Reasonable deadlines shall be set for the payment of fees and charges, taking due account
        of the deadlines for the procedures provided for in Articles 19 and 21 of Directive (EU)
        2015/…∗ and Article 10 of Directive (EU) 2015/… ∗∗.
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
∗∗
      OJ: Please insert the number of the Directive in document 2013/0016 (COD).
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 ---pagebreak--- 3.      The amount of the fees and charges shall be fixed at such a level as to ensure that the
        revenue in respect thereof is sufficient to cover the full cost of the services provided,
        including the relevant costs resulting from the tasks assigned to the national safety
        authorities in accordance with Article 76(2) and (3). All expenditure of the Agency
        attributed to staff involved in the activities referred to in paragraph 2 of this Article,
        including the employer’s pro-rata contribution to the pension scheme, shall in particular be
        reflected in that cost. Should a significant imbalance resulting from the provision of the
        services covered by fees and charges become recurrent, the level of those fees and charges
        shall be revised. Those fees and charges shall be assigned revenues for the Agency.
        When setting the levels of fees and charges, the Commission shall take into account:
        (a)   the area of operation of certificates;
        (b)   the area of use of authorisations; and
        (c)   the type and extent of railway operations.
                                               Article 81
                                         Committee procedure
1.      The Commission shall be assisted by the committee established by Article 51 of Directive
        (EU)2015/… ∗. That committee shall be a committee within the meaning of Regulation
        (EU) No 182/2011.
∗
      OJ: Please insert the number of the Directive in document 2013/0015 (COD).
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 ---pagebreak--- 2.      Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall
        apply.
3.      Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall
        apply. Where the committee delivers no opinion, the Commission shall not adopt the draft
        implementing act and the third paragraph of Article 5(4) of Regulation (EU) 182/2011
        shall apply.
                                               Article 82
                                        Evaluation and review
1.      No later than … ∗ and every five years thereafter, the Commission shall commission an
        evaluation to assess, in particular, the impact, effectiveness and efficiency of the Agency
        and its working practices, taking into account all relevant work by the Court of Auditors as
        well as the views and recommendations of relevant stakeholders, including national safety
        authorities, representatives of the railway sector, social partners and consumer
        organisations. The evaluation shall address, in particular, any need to amend the mandate
        of the Agency and the financial implications of any such amendment.
2.      By …∗∗, the Commission, in order to identify whether improvements are needed, shall
        assess the functioning of the dual system for vehicle authorisation and safety certification,
        the one-stop shop related thereto and the harmonised implementation of ERTMS in the
        Union.
∗
      OJ: Please insert date: four years after the entry into force of this Regulation.
∗∗
      OJ: Please insert date: seven years after the entry into force of this Regulation.
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 ---pagebreak--- 3.      The Commission shall forward the evaluation report together with its conclusions thereon
        to the European Parliament, the Council and the Management Board. The findings of the
        evaluation shall be made public.
4.      On the occasion of every second evaluation, there shall also be an assessment of the results
        achieved by the Agency, having regard to its objectives, mandate and tasks.
                                              Article 83
                                      Transitional provisions
1.      The Agency replaces and succeeds the European Railway Agency established by
        Regulation (EC) No 881/2004 as regards all ownership, agreements, legal obligations,
        employment contracts, financial commitments and liabilities.
2.      By way of derogation from Article 47, the members of the Administrative Board appointed
        under Regulation (EC) No 881/2004 before … ∗ shall remain in office as members of the
        Management Board until the expiry date of their term of office, without prejudice to the
        right of each Member State to appoint a new representative.
        By way of derogation from Article 54, the Executive Director appointed in accordance
        with Regulation (EC) No 881/2004 shall remain in office until the expiry date of his or her
        term of office.
3.      By way of derogation from Article 67, all employment contracts in force on …∗ shall be
        honoured until their expiry date.
∗
      OJ: Please insert the date of entry into force of this Regulation.
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 ---pagebreak--- 4.        The Agency shall carry out the certification and authorisation tasks pursuant to Articles 14,
          20 and 21 and the tasks referred to in Article 22 until … ∗, subject to Article 54(4) of
          Directive (EU) 2015/… ∗∗ and Article 31(3) of Directive (EU) 2015/… ∗∗∗.
                                                Article 84
                                                  Repeal
Regulation (EC) No 881/2004 is hereby repealed.
                                                Article 85
                                            Entry into force
This Regulation shall enter into force on the twentieth 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                                    For the Council
The President                                                  The President
∗
        OJ: Please insert date: three years after the entry into force of this Regulation.
∗∗
        OJ: Please insert the number of the Directive in document 2013/0015 (COD).
∗∗∗
        OJ: Please insert the number of the Directive in document 2013/0016 (COD).
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