Tag Archives: Community certification

Railway safety

Railway safety

Outline of the Community (European Union) legislation about Railway safety

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Rail transport

Railway safety

Document or Iniciative

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 [See amending act(s)].

Summary

The Directive applies to the railway system of the Member States and covers safety requirements for the system as a whole, including infrastructure and traffic management, and the interaction between railway undertakings and infrastructure managers.

In this connection, the Directive focuses on four major aspects:

  • the setting up, in each Member State, of an authority responsible for supervising safety;
  • the mutual recognition of safety certificates delivered in the Member States;
  • the establishment of common safety indicators (CSIs) in order to assess that the system complies with the common safety targets (CSTs) and facilitate the monitoring of railway safety performance;
  • the definition of common rules for safety investigations.

Development and management of safety

Safety rules and standards, such as operating rules, signalling rules, requirements on staff and technical requirements applicable to rolling stock have been devised mainly nationally.

These national safety rules, should gradually be replaced by rules based on common standards, established by technical specifications for interoperability (TSIs). The Commission has the power to suspend the implementation of a national safety rule for a maximum of six months.

In this connection, the Member States will ensure that:

  • railway safety is generally maintained and continuously improved, taking into consideration the development of European legislation;
  • safety rules are laid down, applied and enforced in an open and non-discriminatory manner;
  • responsibility for the safe operation of the railway system and the control of risks associated with it is borne by the infrastructure managers and railway undertakings;
  • information is collected on common safety indicators through annual reports in order to assess the achievement of the CSTs and monitor the general development of railway safety.

In order to coordinate the different rules, a distinction must be drawn between two sets of actors:

  • infrastructure managers, which are bodies or companies responsible, in particular for establishing, building and maintaining infrastructure or a part of it, and safety. In some Member States, however, safety may be delegated to railway undertakings.
  • Railway undertakings, which are public or private undertakings engaged in the supply of goods and/or passenger transport services by rail.

Safety certification

In order to be granted access to the railway infrastructure, a railway undertaking must hold a safety certificate. This safety certificate may cover the whole railway network of a Member State or only a defined part thereof.

For international transport services it should be enough to approve the safety management system in one Member State and give the approval European validity.

Adherence to national laws on the other hands should be subject to additional certification in each Member State.

The safety certificate must be renewed upon application by the railway undertaking at intervals not exceeding five years. It must be wholly or partly updated whenever the type or extent of the operation is substantially altered.

A railway undertaking applying for authorisation to place rolling stock in service in another Member State will submit a technical file concerning the rolling stock or type of rolling stock to the relevant safety authority, indicating its intended use on the network.

In addition to the safety requirements laid down in the certificate, licensed railway undertakings must comply with national requirements, compatible with European law and applied in a non-discriminatory manner, relating to health, safety and social conditions, including legal provisions relating to driving time, and the rights of workers and consumers.

An essential aspect of safety is the training and certification of staff, particularly of train drivers. The training covers operating rules, the signalling system, the knowledge of routes and emergency procedures.

Maintenance of vehicles

Before it is placed in service or used on the network, each vehicle is assigned a maintenance entity (which may be, in particular, a railway undertaking or an infrastructure manager). The entity ensures the working order of vehicles by introducing a system of maintenance in accordance with the vehicle’s maintenance book and the applicable safety requirements.

National safety authority

Each Member State must establish a safety authority which is independent from railway undertakings, infrastructure managers, applicants for certificates and procurement entities. It will respond promptly to requests and applications, communicate its requests for information without delay and adopt all its decisions within four months after all requested information has been provided.

The safety authority will carry out all inspections and investigations that are needed for the accomplishment of its tasks and be granted access to all relevant documents and to premises, installations and equipment of infrastructure managers and railway undertakings.

Accident and incident investigations

Serious train accidents, such as derailments and collisions with fatal consequences, occur rarely, but when they do they attract public interest and the interest of safety professionals all over Europe.

Criteria governing the independence of the investigating body are strictly defined so that this body has no link with the various actors of the sector. This body decides whether or not an investigation of such an accident or incident should be undertaken, and determines the extent of investigations and the procedure to be followed.

Each Member State must ensure that investigations of accidents and incidents are conducted by a permanent body, which comprises at least one investigator able to perform the function of investigator–in–charge in the event of an accident or incident.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2004/49/EC

30.4.2004

30.4.2006

OJ L 164 of 30.4.2004

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 2008/110/EC

24.12.2008

24.12.2010

OJ L 345 of 23.12.2008

The successive amendments and corrigenda to Directive 2004/49/CE been incorporated into the original text. This consolidated versionis of mere documentary value.

RELATED ACTS

Directive 2008/57/EC of 17 June 2008 of the European Parliament and of the Council on the interoperability of the rail system within the Community (Text with EEA relevance).
This Directive lays down the provisions relating to authorisations for placing in service of railway vehicles. This text recasts Directive 2001/16/EC on the interoperability of the trans-European conventional rail system and Directive 96/48/EC on the interoperability of the trans-European high speed rail system.
The procedures for authorisations for placing in service were previously regulated by Directive 96/48/EC (for the new or renewed parts of the rail system) and by Directive 2004/49/EC (concerning vehicles already in service).

Commission Regulation (EC) 653/2007 of 13 June 2007 on the use of a common European format for safety certificates and application documents in accordance with Article 10 of Directive 2004/49/EC of the European Parliament and of the Council and on the validity of safety certificates delivered under Directive 2001/14/EC (Text with EEA relevance).

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (Text with EEA relevance).

Radio and telecommunications terminal equipment

Radio and telecommunications terminal equipment

Outline of the Community (European Union) legislation about Radio and telecommunications terminal equipment

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Information society > Current general legal framework

Radio and telecommunications terminal equipment

Document or Iniciative

Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity [See amending acts].

Summary

This Directive is intended to encourage rapid dissemination of innovative technology and thus promote competition in the internal market for telecommunications.

Scope

The Directive applies to radio equipment * and telecommunications terminal equipment *. The Directive also applies where this equipment :

  • incorporates, as an integral part or as an accessory, a medical device within the meaning of Directive 93/42/EEC on medical devices;
  • incorporates, as an integral part or as an accessory, an active implantable medical device within the meaning of Directive 90/385/EEC on active implantable medical devices;
  • constitutes a component or a separate technical unit of a vehicle, within the meaning of Directive 72/245/EEC relating to radio interference caused by motor vehicles;
  • constitutes a component or a separate technical unit of a vehicle, within the meaning of Directive 2002/24/EC relating to the type-approval of two- or three-wheel motor vehicles.

The Directive does not apply to apparatus exclusively used for activities concerning public security, defence, State security and the activities of the State in the area of criminal law; nor does it apply to:

  • radio equipment used by radio amateurs, except when it is commercially available fully assembled;
  • equipment covered by Directive 96/98/EC relating to marine equipment;
  • wires and cables;
  • radio equipment intended to be used solely for the reception of sound and TV broadcasting services;
  • products, equipment or components within the meaning of Council Regulation (EEC) No 3922/91 relating to the field of civil aviation;

Essential requirements and harmonised European standards

Member States must ensure that apparatus complies with the essential requirements of the Directive where it is properly installed, maintained and used, which is a condition for its being placed on the market.

The following essential requirements are applicable to the apparatus:

  • protection of the health and safety of the user and any other person, including the security provisions laid down in Directive 2006/95/EC, relating to electrical equipment designed for use within certain voltage limits (but with no lower voltage limit);
  • electromagnetic compatibility as per Directive 2004/108/EC;
  • use of the spectrum allocated to terrestrial/space radiocommunication and to orbital resources, which make it possible to avoid harmful interference.

When an apparatus is in conformity with harmonised European standards, in accordance with the procedures established by Directive 98/34/EC, the Member States presume that the current Directive’s requirements have been met.

Information and notification

Member States shall ensure that the manufacturers or the persons responsible for placing the apparatus on the market provide information on its use in the documentation or packaging, together with the declaration of conformity with the essential requirements.

More specifically, for radio equipment, this information must be sufficient to identify on the packaging and in the instructions for use of the apparatus the Member States or the geographical area within a Member State where the equipment is intended to be used.

For telecommunications terminal equipment, such information must identify the interfaces of the public telecommunications networks to which the equipment is intended to be connected.

CE marking

Apparatus which complies with all the essential requirements bears the CE conformity marking. Manufacturers identify their apparatus by stating its type, batch and/or serial numbers and by the name of the manufacturer or of the person responsible for placing the apparatus on the market.

If a notified body has been consulted by the manufacturer regarding the equipment’s conformity with the Directive, its number accompanies the CE marking.

In its Decision 2000/299/EC of 6 April 2000, the Commission established a class of radio equipment and telecommunications terminal equipment that cannot be used everywhere in the EU (as in the case of non-harmonised national frequency plans). This type of equipment must bear a corresponding warning mark along side the CE marking.

Placing on the market and free movement

Member States must not prohibit, restrict or impede the placing on the market and putting into service on their territory of any apparatus if it complies with the essential requirements and other provisions of the Directive.

If a Member State decides that apparatus does not meet the requirements of this Directive, it may prohibit, interrupt or restrict the placing on the market and also the putting into service of that apparatus.

Putting into service and the safeguard clause

Member States may restrict the putting into service of radio equipment only for reasons relating to the efficient and appropriate use of the radio spectrum, the need to avoid harmful interference, or public health issues.

If a Member State decides that an apparatus does not satisfy the requirements of the safeguard clause, it may take measures to withdraw it from service, to prohibit its being in service or to restrict its free movement.

Conformity assessment and notified bodies

This Directive lays down the procedures from which the manufacturer may choose for assessing conformity with the essential requirements for different types of equipment. Member States notify the Commission of the bodies they have designated to carry out the conformity assessment procedures.

If the manufacturer so chooses, the procedures for assessing conformity with essential requirements in Directive 73/23/EEC and Directive 89/336/EEC may also be used for assessing conformity with the respective requirements of those directives.

Key terms used in the act
  • Radio equipment: a product, or component thereof, capable of communication by means of the emission and/or reception of radio waves utilising the spectrum allocated to terrestrial/space radio communication.
  • Telecommunications terminal equipment: a product, or a component of a product, which is intended to be connected directly or indirectly to interfaces of public telecommunications networks.
  • Apparatus: any radio equipment, telecommunications terminal equipment, or both.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 1999/5/EC

7.4.1999

7.4.2000

OJ L 91 of 7.4.1999

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 1882/2003.

20.11.2003

OJ L 284 of 31.10.2003

Regulation (EC) No 596/2009

18.6.2009

OJ L 188 of 18.7.2009

Successive amendments and corrections to Directive 2000/29/EEC have been incorporated into the basic text. This consolidated versionis for reference only.

Related Acts

Reports

Report from the Commission to the Council and the European Parliament of 9 February 2010 – second Progress Report on the operation of Directive 1999/5/EC, on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity [COM(2010) 43 final – Not published in the Official Journal].

This Report describes the operation of Directive 1999/5/EC with a view to its future revision.
The Report notes that the objectives of the Directive have been achieved in terms of:

  • protection of health for users;
  • the safety of users;
  • the electromagnetic compatibility of telecommunications terminals and radio equipment;
  • the avoidance of harmful interference.

However, the Report stresses that market entrance for innovative radio technologies and the traceability of the manufacturer or the person responsible for placing products on the market need to be improved.

Report from the Commission to the Council and the European Parliament of 22 April 2004 – First Progress Report Directive 1999/5/EC (the R&TTE Directive) [COM(2004) 288 final – Not published in the Official Journal].
This Report notes that the implementation of Directive 1999/5/EC has contributed towards the development of the internal market for radio and terminal equipment. However, the administrative provisions of the Directive are not sufficiently adhered to, which puts into question of the proportionality of these provisions and the effectiveness of communicating them to the sector.

Decisions

Commission Decision 2005/631/EC of 29 August 2005 concerning essential requirements as referred to in Directive 1999/5/EC of the European Parliament and of the Council ensuring access to Cospas-Sarsat locator beacons to emergency services. [Official Journal L 225 of 31.08.2005].

Commission Decision 2005/53/EC of 25 January 2005, relating to the application of Article 3(3)(e) of Directive 1999/5/EC of the European Parliament and of the Council to radio equipment intended to participate in the Automatic Identification System (AIS) [Official Journal L 22 of 26.01.2005].

Commission Decision 2004/71/EC of 4 September 2003 on essential requirements relating to marine radio communication equipment which is intended to be used on non-SOLAS vessels and to participate in the Global Maritime Distress and Safety System (GMDSS) [Official Journal L 16 of 23.01.2004].

Commission Decision 2001/148/EC of 21 February 2001 on the application of Article 3(3)(e) of Directive 1999/5/EC to avalanche beacons [Official Journal L 55 of 24.02.2001].

Commission Decision 2000/637/EC of 22 September 2000 on the application of Article 3(3)(e) of Directive 1999/5/EC to radio equipment covered by the regional arrangement concerning the radiotelephone service on inland waterways [Official Journal L 269 of 21.10.2000].

Commission Decision 2000/373/EC of 26 May 2000 concerning the request by France to maintain pursuant to Article 18(3) of Directive 1999/5/EC of the European Parliament and of the Council (the Terminal Directive) a requirement for telecommunications terminal equipment intended for connection to the analogue public switched telephone network of France Telecom [Official Journal L 135 of 08.06.2000].

Commission Decision 2000/299/EC of 6 April 2000 establishing the initial classification of radio equipment and telecommunications terminal equipment and associated identifiers [Official Journal L 97 of 06.04.2000].

Regulations

Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation) [Official Journal L 96 of 31.03.2004].

Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation [Official Journal L 373 of 31.12.1991].

Recommendation

Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz) [Official Journal L 199 of 30.07.1999].

Directive

Directive 98/10/EC of the European Parliament and of the Council of 26 February 1998 on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment [Official Journal L 101 of 01.04.1998].

Appliances burning gaseous fuels

Appliances burning gaseous fuels

Outline of the Community (European Union) legislation about Appliances burning gaseous fuels

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single Market for Goods > Construction

Appliances burning gaseous fuels

Document or Iniciative

Directive 2009/142/EC of the European Parliament and of the Council of 30 November 2009 relating to appliances burning gaseous fuels (Text with EEA relevance).

Summary

This Directive defines the rules applying to the following gas appliances and fittings:

  • appliances burning gaseous fuels used for cooking, heating, hot water production, refrigeration, lighting or washing and having a normal water temperature not exceeding 105 °C;
  • safety equipment, such as in particular safety devices, controlling devices and regulating devices.

These appliances must be designed and built in such a way as to operate safely and present no danger to persons, domestic animals or property.

When placed on the market, all appliances must be accompanied by:

  • technical instructions for the installer, giving details of the type of gas and supply pressure used, the flow of fresh air required, as well as the conditions for the dispersal of combustion products;
  • instructions for use and servicing intended for the user which give the information required for safe installation;
  • warnings indicating the type of gas, the supply pressure and any restrictions on use.

Manufacturers must guarantee the safety of the properties of materials.

The manufacturer must lodge an application for type-examination with the notified body * including:

  • the manufacturer’s name and address;
  • a written declaration;
  • design documentation.

Where the application satisfies the criteria laid down by this Directive, the notified body must issue an EC type-examination certificate to the applicant.

EC surveillance ensures that the manufacturer duly fulfils the obligations arising out of the approved quality system.

The manufacturer may also make an EC declaration of conformity to type *.

The gas appliance or installation must include the following inscriptions:

  • the manufacturer’s name or identification symbol;
  • the trade name of the appliance;
  • the type of electrical supply used;
  • the appliance category;
  • the last two digits of the year in which the “CE” marking was affixed.

This Directive repeals Directive 90/396/EC.

Key terms of the Act
  • Notified body: provides conformity assessment services under the conditions laid down by directives. This is a service to manufacturers in the public interest;
  • EC declaration of conformity to type: product quality assurance, a notified body assesses and checks the manufacturer’s quality systems.

Reference

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2009/142/EC

5.1.2010

OJ L 330 of 16.12.2009

This summary is for information only. It is not designed to interpret or replace the reference document, which remains the only binding legal text.