Tag Archives: Transport safety

Roadmap to a Single European Transport Area: Towards a competitive and resource efficient transport system

Roadmap to a Single European Transport Area: Towards a competitive and resource efficient transport system

Outline of the Community (European Union) legislation about Roadmap to a Single European Transport Area: Towards a competitive and resource efficient transport system

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Transport > Bodies and objectives

Roadmap to a Single European Transport Area: Towards a competitive and resource efficient transport system

Document or Iniciative

Commission White Paper of 28 March 2011: “Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system” [COM (2011) 144 final – Not published in the Official Journal].

Summary

In this White Paper, the Commission sets out to remove major barriers and bottlenecks in many key areas across the fields of transport infrastructure and investment, innovation and the internal market. The aim is to create a Single European Transport Area with more competition and a fully integrated transport network which links the different modes and allows for a profound shift in transport patterns for passengers and freight. To this purpose, the roadmap puts forward 40 concrete initiatives for the next decade, explained in detail in the Commission Staff Working Document accompanying the White Paper.

The White Paper shows how we can achieve the transformation of our transport system, keeping our objective to reduce CO2 emissions by 60 % by 2050 through:

  • developing and deploying new and sustainable fuels and propulsion systems;
  • optimising the performance of multimodal logistic chains, including by making greater use of more energy-efficient modes;
  • increasing the efficiency of transport and of infrastructure use with information systems (including SESAR and Galileo) and market-based incentives (such as the application of “user pays” and “polluter pays” principles).

It also sets ten goals to guide policy and measure our progress inter alia on:

  • phasing out conventionally fuelled cars and trucks from cities by 2050;
  • shifting 30 % of medium and long distance road freight to other modes by 2030;
  • using cars for less than half of middle distance travel by 2050; or
  • halving road traffic deaths by 2020 and achieving near-zero casualties in road transport by 2050.

In order to implement the above goals, a genuine single European transport area needs to be established by eliminating all existing barriers between modes and national systems, easing the process of integration and facilitating the emergence of multinational and multimodal operators. A single European transport area would facilitate the movement of EU citizens and freight, reduce costs and improve the sustainability of EU transport. A transformation of the current European transport system will only be possible through a combination of initiatives at all levels and covering all transport modes.

In air transport, the initiatives include the completion of the Single European Sky, the deployment of the future European air traffic management system (SESAR), as well as revising the Slot Regulation to make more efficient use of airport capacity. In rail transport, the initiatives include the development of a Single European Railway Area, opening the domestic rail passengers market to competition, and establishing an integrated approach to freight corridor management. In maritime transport, the European Maritime Transport Space without Barriers should be further developed into a “Blue Belt” of free maritime movement both in and around Europe, with waterborne transport being used to its full potential. In road transport, the initiatives include the review of the market situation of road freight transport as well as the degree of convergence on road user charges, social and safety legislation, transposition and enforcement of legislation in EU countries.

The Commission also proposes initiatives concerning e-Freight, the EU approach to jobs and working conditions across transport modes, security of cargo and land transport. Proposed initiatives also aim to improve the safety in all transport modes, including civil aviation safety and the transport of dangerous goods.

Innovation is also paramount to this strategy and the EU recognises the need to promote the development and use of new technologies. The Commission therefore proposes a regulatory framework for innovative transport, including:

  • appropriate standards for CO2 emissions of vehicles in all transport modes;
  • vehicle standards for noise emission levels;
  • public procurement strategies to ensure rapid up take of new technologies;
  • rules on the interoperability of charging infrastructure for clean vehicles;
  • guidelines and standards for refuelling infrastructures.

One of the White Paper’s top priorities is to complete the trans-European transport network: TEN-T. This is essential for creating employment and economic growth because the network aims to provide a seamless chain linking all modes of transport – air, rail, road and sea.

Finally, to promote sustainable behaviour in EU transport, the White Paper puts forward the following initiatives:

  • promote awareness of alternative means of transport (walking, cycling, car sharing, park & ride, intelligent ticketing);
  • review and develop vehicle labelling for CO2 emissions and fuel efficiency;
  • encourage carbon footprint calculators, allowing better choices and easier marketing of cleaner transport solutions;
  • include eco-driving requirements in the future revisions of the driving licence directive;
  • consider reducing maximum speed limits of light commercial road vehicles, to decrease energy consumption and enhance road safety.

Checks on the transport of dangerous goods by road

Checks on the transport of dangerous goods by road

Outline of the Community (European Union) legislation about Checks on the transport of dangerous goods by road

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Transport > Road transport

Checks on the transport of dangerous goods by road

Document or Iniciative

Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road [See amending acts].

Summary

This directive applies to checks carried out by European Union (EU) countries on the transport of dangerous goods by road in vehicles travelling in their territory or entering it from a third country. It does not apply to the transport of dangerous goods under the responsibility of the armed forces.

These checks are carried out in the territory of an EU country, provided that they are not carried out as frontier checks at the internal frontiers of the EU, but as part of normal checks without discrimination.

These checks must cover at least the items included in the checklist in Annex I to the directive, be carried out at different places, at any time of the day, and cover a sufficiently extensive portion of the road network to make checkpoints difficult to avoid.

Consignments found to be in infringement may be immobilised, and obliged to be brought into conformity before continuing their journey, or be subject to other appropriate measures, depending on the circumstances or the requirements of safety including, where appropriate, refusal to allow such vehicles to enter the EU.

Checks may also be carried out at the premises of undertakings.

EU countries must work together to effectively implement this directive (report of the infringement to the country in which the carrier is registered, cooperation between EU countries to exchange information, etc.).

Each EU country must send the Commission a report for each calendar year on the application of the directive, including the particulars listed in the directive, such as the number of checks carried out, the number of vehicles checked by place of registration, and the number and type of infringements recorded.

Starting in 1999 and subsequently at least every three years, the Commission will send the European Parliament and the Council a report on the application of the directive by the EU countries.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 95/50/EC

17.10.1995

31.12.1996

OJ L 249 of 17.10.1995

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 2001/26/EC

23.6.2001

23.12.2001

OJ L 168 of 23.6.2001

Directive 2004/112/EC

3.1.2005

14.12.2005

OJ L 367 of 14.12.2004

Directive 2008/54/EC

11.7.2008

OJ L 162 of 21.6.2008

Successive amendments and corrections to Directive 95/50/EC have been incorporated in the basic text. This consolidated versionis for reference purposes only.

Related Acts

Report from the Commission to the European Parliament and the Council of 7 July 2010 on the application by the member states of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [COM (2010) 364 – Not published in the Official Journal].
This report covers the period from 2006 to 2007. It concludes that all EU countries have carried out road checks in accordance with Directive 95/50/EC. The Commission found a significant improvement in the volume and quality of the data submitted. Within the checks reported, there continues to be a proportion of vehicles found to infringe the EU legislation. The number of checks in the EU has increased, reaching about 285 000 annual checks in 2007. The number of infringements per check appears to be stable with an infringement detected in approximately one out of eight checks. The fact that almost 10,000 vehicles were immobilised following their check due to a serious infringement demonstrates that practical enforcement of rules on the transport of dangerous goods at the roadside is useful and helps to improve safety.

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods [Official Journal L 260 of 30.9.2008].

Report from the Commission to the European Parliament and the Council of 13 December 2007 on the application by the Member States of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [COM (2007) 795 final – Not published in the Official Journal].

Report from the Commission to the European Parliament and the Council on the application by the member states of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [COM (2005) 430 – Not published in the Official Journal].

Commission Directive 2004/112/EC of 13 December 2004 adapting to technical progress Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [Official Journal L 367 of 14.12.2004].

Report from the Commission to the European Parliament and the Council of 6 September 2000 on the application by the Member States of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [COM (2000) 517 final – Not published in the Official Journal].

Road safety: transportable pressure equipment

Road safety: transportable pressure equipment

Outline of the Community (European Union) legislation about Road safety: transportable pressure equipment

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Transport > Road transport

Road safety: transportable pressure equipment

Document or Iniciative

Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC.

Summary

This directive updates certain technical provisions of Directive 1999/36/EC to avoid conflicting rules. It sets out detailed rules on transportable pressure equipment *to improve safety and to ensure free movement of such equipment within the European Union (EU).

This directive applies to:

  • new transportable pressure equipment which does not bear the conformity markings provided for in Directives 84/525/EEC, 84/526/EEC, 84/527/EEC or 1999/36/EC, for the purpose of making it available on the market;
  • transportable pressure equipment bearing the conformity markings provided for in the above directives, for the purposes of its periodic inspections, intermediate inspections, exceptional checks and use;
  • transportable pressure equipment which does not bear the conformity markings provided for in Directive 1999/36/EC, for the purposes of reassessment of conformity.

This directive does not apply to:

  • transportable pressure equipment placed on the market before the implementation date of Directive 1999/36/EC and which has not been subject to a reassessment of conformity;
  • transportable pressure equipment exclusively used for the transport of dangerous goods between EU and non-EU countries, undertaken in accordance with Directive 2008/68/EC.

Obligations of economic operators *

Manufacturers must ensure that when placing their transportable pressure equipment on the market, the equipment has been designed, manufactured and documented in compliance with the requirements in both this directive and in Directive 2008/68/EC. When this compliance is demonstrated through the conformity assessment process, manufacturers must affix the Pi marking * to the equipment. This Pi marking must only be affixed by the manufacturer or, in cases of reassessment of conformity, by or under the surveillance of the notified body.

If manufacturers believe that they have placed on the market transportable pressure equipment that does not conform to the requirements, they must immediately take the necessary corrective measures to fulfil the requirements and, where appropriate, withdraw or recall the equipment from the market. If requested by the competent national authority, manufacturers must provide all documents to prove the conformity of their equipment, in a language easily understood by the authority.

Manufacturers may, by a written mandate, appoint an authorised representative. The mandate will specify tasks for the authorised representative to undertake, but will include:

  • keep the technical documentation at the disposal of national surveillance authorities;
  • provide the competent national authority, on request, with all necessary information and documentation to prove the conformity of the transportable pressure equipment;
  • cooperate with the competent national authorities on action taken to eliminate any risks posed by the equipment covered by the mandate.

Importers and distributors may only place on the EU market transportable pressure equipment that complies with Directive 2008/68/EC and this directive. They must ensure that the equipment bears the Pi marking and has the necessary certificate of conformity. Where importers or distributors do not believe the equipment to be in conformity, they must not place it on the market.

Importers, distributors and owners must:

  • inform the manufacturer and competent authority of any risk presented by the equipment. Alternatively, where relevant, the distributor can inform the importer and the owner can inform either the distributor or the importer of such a risk;
  • document all instances of non-compliance and corrective measures;
  • ensure that when transportable pressure equipment is under their responsibility, storage or transport conditions do not jeopardise its conformity.

The above does not apply to private individuals intending to use the equipment for their personal use, leisure or sporting activities.

Conformity of transportable pressure equipment

The transportable pressure equipment must meet the relevant conformity assessment, periodic inspection, intermediate inspection and exceptional checks requirements, as well as the specifications of the documentation according to which the equipment was manufactured;

Free movement of transportable pressure equipment

No EU country may prohibit, restrict or impede the free movement, the placing on the market and the use of transportable pressure equipment on their territory, when the above complies with this directive.

Key terms used in the act
  • Transportable pressure equipment:
    • all pressure receptacles, their valves and other accessories when appropriate;
    • tanks, battery vehicles / wagons, multiple-element gas containers (MEGCs), their valves and other accessories when appropriate;
    • includes gas cartridges but excludes aerosols, open cryogenic receptacles, gas cylinders for breathing apparatus and fire extinguishers;
  • economic operator: the manufacturer, the authorised representative, the importer, the distributor, the owner or the operator acting in the course of a commercial or public service activity, whether in return for payment or free of charge;
  • Pi marking: marking which indicates that the transportable pressure equipment is in conformity with the applicable conformity assessment requirements set out in Directive 2008/68/EC and in this directive.

References

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

Directive 2010/35/EU

20.7.2010

30.6.2011

OJ L 165 of 30.6.2010

Rail safety: transport of dangerous goods by rail

Rail safety: transport of dangerous goods by rail

Outline of the Community (European Union) legislation about Rail safety: transport of dangerous goods by rail

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Transport > Rail transport

Rail safety: transport of dangerous goods by rail

Document or Iniciative

Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail [See amending acts].

Summary

The purpose of this Directive is to establish national safety standards at the level of the international standards set in the Convention Convention concerning International Carriage by Rail (COTIF). It also aims to create a single market in the transport of dangerous goods by rail.

International standards

All the Member States are Contracting Parties to the COTIF that defines the rules concerning the contract for international carriage of goods by rail (CIM *). The COTIF does not cover the national carriage of dangerous goods by rail. The CIM constitutes the regulations concerning the international carriage of dangerous goods by rail (RID *).

Scope and derogations

Member States may exempt the transport of dangerous goods conducted by means of transport equipment belonging to the armed forces from the scope of this Directive.

Member States retain the right to lay down safety requirements for national or international transport, in so far as this Directive does not cover that area. This applies, for example, to the running of trains or the marshalling of freight wagons.

Each Member State also retains the right to regulate or prohibit, strictly for reasons other than safety, the internal transport of certain dangerous goods by rail.

Directive 96/49/EC is repealed by Directive 2008/68/EC as from 30 June 2009.

Key terms used in the act

  • RID: the regulations concerning the international carriage of dangerous goods by rail, appearing as Annex I to Appendix B to the Convention concerning international carriage by rail (COTIF);
  • CIM: the uniform rules concerning the contract for international carriage of goods by rail, appearing as Appendix B to the Convention concerning international carriage by rail (COTIF).

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 96/49/EC [Procedure SYN/1994/0284] 17.9.1996 1.1.1997 OJ L 235 of 17.9.1996
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 2000/62/EC 1.11.2000 1.5.2001 OJ L 279 of 1.11.2000
Directive 2001/6/EC 21.2.2001 31.12.2001/31.12.2002 OJ L 30 of 1.2.2001
Decision 2002/885/EC 1.7.2001 1.7.2001/1.7.2003 OJ L 308 of 9.11.2002
Directive 2003/29/EC 9.4.2003 1.7.2003 OJ L 90 of 8.4.2003
Directive 2004/89/EC 6.10.2004 1.10.2004 OJ L 293 of 16.9.2004
Directive 2004/110/EC 30.12.2004 1.7.2005 OJ L 365 of 10.12.2004
Directive 2006/90/EC 24.11.2006 1.7.2007 OJ L 305 of 4.11.2006

Related Acts

CommissionDecision of 13October 2005 amending Decision 2005/180/EC on authorising Member States to adopt certain derogations pursuant to Council Directive 96/49/EC with regard to the transport of dangerous goods by rail [Official Journal L 293 of 09.11.2005].

Commission Decision of 4 March 2005 authorising Member States to adopt certain derogations pursuant to Council Directive 96/49/EC with regard to the transport of dangerous goods by rail [Official Journal L 61 of 08.03.2005].

Annexes A and B to Council Directive 96/49/EC as announced in CommissionDirective (repealed) adapting for the third time to technical progress Council Directive 96/49/EC on theapproximation of the laws of the Member States with regard to the transport of dangerous goods by rail [Official Journal L 121 of 26.04.2004].
The transport of dangerous goods by rail is authorised subject to compliance with the conditions imposed in the annexes. The annexes to the directive cover:

  • dangerous goods which are barred from carriage;
  • dangerous goods which are authorised for carriage and the conditions attaching to them.

CouncilDirective of 3June 1996 on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway [Official Journal L 145 of 19.06.1996].

Railway safety

Railway safety

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

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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).

Inland transport of dangerous goods

Inland transport of dangerous goods

Outline of the Community (European Union) legislation about Inland transport of dangerous goods

Topics

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

Transport > Road transport

Inland transport of dangerous goods

Document or Iniciative

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods.

Summary

This directive applies to the transport of dangerous goods by road, rail or inland waterway within European Union (EU) countries or between several EU countries.

The directive shall not apply to the transport of dangerous goods:

  • by vehicles, wagons or vessels belonging to or under the responsibility of the armed forces;
  • by seagoing vessels on maritime waterways forming part of inland waterways;
  • by ferries only crossing an inland waterway or harbour;
  • wholly performed within the perimeter of an enclosed area.

EU countries have the right to regulate or prohibit, strictly for reasons other than safety during transport, the transport of dangerous goods within their own territory. They may also set down specific safety requirements for the national and international transport of dangerous goods within their own territory with regards to:

  • the transport of dangerous goods by vehicles, wagons or inland waterway vessels not covered by this directive;
  • the use of prescribed routes, where justified, including the use of prescribed modes of transport;
  • special rules for the transport of dangerous goods in passenger trains.

The international transport of dangerous goods is regulated by international agreements: the ADR *, RID * and ADN *. Such rules should also be extended to national transport in order to harmonise across the EU the conditions under which dangerous goods are transported and to ensure the proper functioning of the common transport market. The annexes of the directive refer to the texts of these agreements.

The ADR, RID and ADN have drawn up a list of dangerous goods, indicating whether their transport is prohibited or not and defining the requirements for their transport if it is authorised. EU countries may request temporary derogations under certain conditions.

Background

The EU set out uniform regulations for the transport of dangerous goods by road and rail for several years which provided for the application of the ADR and RID rules. Directives 94/55/EC and 96/49/EC are repealed and replaced by this directive. Directive 96/35/EC, on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway is also repealed.

Key Terms of the Act
  • ADR: the European Agreement concerning the International Carriage of Dangerous Goods by Road, concluded at Geneva on 30 September 1957.
  • RID: the Regulations concerning the International Carriage of Dangerous Goods by Rail, appearing as Appendix C to the Convention concerning International Carriage by Rail (COTIF) concluded at Vilnius on 3 June 1999.
  • ADN: the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways concluded at Geneva on 26 May 2000.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2008/68/EC

20.10.2008

30.6.2009

OJ L 260 of 30.9.2008

Successive amendments and corrections to Directive 2008/68/EC have been incorporated into the basic text. This consolidated versionis for reference only.

LAST AMENDMENTS OF ANNEXES:

Annex I, Section I.3, Annex II, Section II.3 and Annex III, Section III.3
Decision 2011/26/EU [OJ L 13 of 18.1.2011].

Rights of passengers in bus and coach transport

Rights of passengers in bus and coach transport

Outline of the Community (European Union) legislation about Rights of passengers in bus and coach transport

Topics

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

Transport > Mobility and passenger rights

Rights of passengers in bus and coach transport

Document or Iniciative

Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport.

Summary

Subject to certain exceptions, this regulation applies to passengers travelling with regular services * for non-specified categories of passengers where either the boarding or the alighting point is within the European Union (EU) and where the scheduled distance of the service is 250 km or more. Some of its provisions apply to all services, including those of shorter distance. The provisions of this regulation will apply as from 1 March 2013.

The new rights applicable to long distance services (i.e. of more than 250 km) include, amongst others:

  • adequate assistance (snacks, meals and refreshments as well as, if necessary, up to two nights’ hotel accommodation, for a total amount of € 80 per night, except in case of severe weather conditions and major natural disasters) in situations of cancellation or following a delay of more than 90 minutes in the case of a journey of more than three hours;
  • guarantee of reimbursement or rerouting in situations of overbooking or in case of cancellation or following a delay of more than 120 minutes from the estimated time of departure;
  • compensation of 50 % of the ticket price following more than 120 minutes’ delay from the estimated time of departure, cancellation of a journey and if the carrier fails to offer the passenger either rerouting or reimbursement;
  • information when the service is cancelled or delayed in departure;
  • protection of passengers in case of death, injury, loss or damage caused by road accidents, particularly with regard to immediate practical needs in case of accident (including up to two nights’ hotel accommodation, for a total amount of € 80 per night);
  • specific assistance free of charge for disabled persons and persons with reduced mobility both at terminals and on board and, where necessary, transport free of charge for accompanying people.

Additionally, the following rights will be applicable to all services (including those below 250 km):

  • non-discrimination based either directly or indirectly on nationality, with respect to tariffs and contract conditions for passengers;
  • non-discriminatory treatment of disabled persons and persons with reduced mobility as well as financial compensation for loss or damage of their mobility equipment in case of accident;
  • minimum rules on travel information for all passengers before and during their journey as well as general information about their rights in terminals and online; where feasible, this information shall be provided in accessible formats upon request, in the interest of the persons with reduced mobility;
  • a complaint handling mechanism established by carriers and available to all passengers;
  • independent national bodies in each EU country with the mandate to enforce the regulation and, where appropriate, to impose penalties.
Key terms used in the act
  • Regular services: services which provide for the carriage of passengers by bus or coach at specified intervals along specified routes, passengers being picked up and set down at predetermined stopping points.

References

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

Regulation (EU) No 181/2011

20.3.2011

OJ L 55, 28.2.2011

Deployment of the rail signalling system ERTMS/ETCS

Deployment of the rail signalling system ERTMS/ETCS

Outline of the Community (European Union) legislation about Deployment of the rail signalling system ERTMS/ETCS

Topics

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

Transport > Rail transport

Deployment of the rail signalling system ERTMS/ETCS

Document or Iniciative

Communication from the Commission to the European Parliament and the Council on the deployment of the European rail signalling system ERTMS/ETCS [COM(2005) 298 final – Not published in the Official Journal].

Summary

Europe has more than twenty different signalling and speed control systems for rail transport. Although expensive, on-board systems in locomotives fitted with transducers, which react to signals transmitted from the track, are necessary for both safety and traffic management. Nevertheless, the coexistence of various systems is a barrier to the development of international rail traffic, as locomotives have to be able to ‘read’ the signals from different networks when crossing borders. The Thalys train for example, which links Paris and Brussels in particular, has seven on-board systems. This results in increased costs and breakdown risk, as well as being a headache for drivers, who have to be able to juggle several interfaces. In addition, this segmentation represents an obstacle to the integration of rail transport on a European scale, while road transport benefits from the absence of such barriers.

Considering the abolition of these barriers to be fully in line with the Lisbon Strategy (since it will increase the competitiveness of the rail sector while promoting its integration), on 4 July 2005 the European Commission published a Communication on the deployment of the European rail signalling system ERTMS/ETCS.

The importance of signals for safety

The twenty different systems coexisting in Europe are currently developed on a national level. They are very different in terms of performance and safety. Several fatal accidents, including those in Bologna in 2005, Albacete in 2003 and London in 1999, show that a more effective signalling system with automatic train speed control could improve the safety of the railways.

A series of extra costs for operators

Locomotives operating internationally also have to be equipped with a variety of on-board systems able to process the information transmitted by track-side systems. As adding on-board systems is expensive, and sometimes even impossible, some trains have to stop at borders in order to change locomotive. As a result, for the Thalys train the numerous signalling systems to be integrated push up the cost of manufacturing each trainset by 60 %. Such obstacles make the connection and integration of the different European networks problematic.

The Commission therefore calls for the gradual transition to a system that is common to the various Member States: the European Rail Traffic Management System (ERTMS).

This has two components:

  • GSM-R, a radio communication system based on standard GSM (used by mobile telephones), but using various frequencies specific to rail;
  • ETCS (European Train Control System), which not only allows permitted speed information to be transmitted to the driver, but also monitors the driver’s compliance with these instructions.

The deployment of ETCS

While the deployment of GSM-R, based on successful public GSM technology, is taking place quickly, ETCS has been developed specifically for the rail sector and takes longer. It requires the installation of a specific module on board the train and for the transducers on the track to use the same ETCS format. Given the long service life of rail equipment (more than 20 years), it is impossible to renovate the entire network at once. The Commission therefore estimates that it is inevitable that there will often be at least one system coexisting with ETCS on board and/or on the track.

There is a lot at stake in the long term, especially with respect to reducing external costs, such as pollution, noise, safety and congestion. In addition, it appears that the costs of ETCS, used on its own, may be considerably lower than those of conventional systems. Having a single system would also reduce the complexity of the locomotives and thereby simplify maintenance operations. According to UNIFE (the Association of European Railway Industries), ETCS could consequently provide an increase in line capacity of between 2 and 20 % when compared with existing systems.

In favour of a rapid migration strategy

The Commission is planning a rapid migration strategy, with the aim of quickly reaching a critical mass of ETCS equipment. It therefore hopes that a sufficient number of traction units will be equipped over a period of ten or twelve years, while at the same time large interoperable international corridors are created.

The entire rail sector also hopes that such a strategy can be implemented, having endorsed a Memorandum of Understanding signed on 17 March 2005 with the Commission. In concrete terms this entails investments amounting to 5 billion in order to reach the critical mass by 2016. The Commission proposes to support up to 50 % of the investments. Support may diminish over time in order to speed up the migration. The rail sector has also pledged to assist the Member States in preparing national deployment plans.

The role of the European Railway Agency

In this context, it consequently has to be ensured that Community funds allocated elsewhere in the sector, and especially to infrastructure projects, do not work against the completion of an interoperable trans-European network. For this reason, the Commission hopes that failure to comply with the technical specifications of interoperability in general, and the use of systems other than ETCS in particular, even when legally justified, will be considered as minus points when evaluating the projects. In addition, it is important to guarantee that trains equipped with an ETCS and GSM-R module made by one manufacturer are able to run on a network equipped by another manufacturer.

The Commission therefore proposes to make the European Railway Agency, based in Lille/Valenciennes in France, responsible for these technical specifications. These specifications were first referred to by the Commission in 2002 and were supplemented in 2004. Consequently, for any project supported by Community funds and involving the implementation of ETCS or GSM-R, the final payment will be made subject to demonstration, by means of tests, of compliance with the specifications of interoperability.

A European coordinator

The Commission has also judged it appropriate to appoint a European coordinator, a prominent personality in the rail transport sector, to facilitate the coordinated deployment of ETRMS.

The certification of drivers

In addition, the Commission points out that the standardisation achieved through the implementation of ERTMS will permit less specific training for drivers, subject to the condition that they obtain the European Certificate. The European Railway Agency will also promote exchanges of drivers and trainers between railway companies in different Member States.

Deployment of Intelligent Transport Systems in Europe

Deployment of Intelligent Transport Systems in Europe

Outline of the Community (European Union) legislation about Deployment of Intelligent Transport Systems in Europe

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

Transport > Intelligent transport and navigation by satellite

Deployment of Intelligent Transport Systems in Europe

Document or Iniciative

Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport.

Summary

This directive is applicable to Intelligent Transport Systems (ITS) applications and services in the European Union (EU) road transport sector and to their interfaces with other modes of transport. ITS are systems in which information and communication technologies are applied in the field of road transport, including infrastructure, vehicles and users, and in traffic management and mobility management.

The following are identified as priority areas for the development and use of specifications and standards:

  • optimal use of road, traffic and travel data;
  • continuity of traffic and freight management ITS services;
  • ITS road safety and security applications;
  • linking the vehicle with the transport infrastructure.

Within these priority areas, there are six priority actions:

  • the provision of EU-wide multimodal travel information services;
  • the provision of EU-wide real-time traffic information services;
  • data and procedures for the provision, where possible, of road safety related minimum universal traffic information free of charge to users;
  • the harmonised provision for an interoperable EU eCall;
  • the provision of information services for safe and secure parking places for trucks and commercial vehicles;
  • the provision of reservation services for safe and secure parking places for trucks and commercial vehicles.

On deployment of ITS applications and services, EU countries must take the necessary action to ensure that the specifications adopted by the Commission are applied. Individual EU countries do, however, retain the right to decide on deployment of such applications and services on their own territory.

The Commission is responsible for first adopting the necessary specifications to ensure the compatibility, interoperability and continuity for the deployment and operational use of ITS for the above priority actions. Following this, the Commission shall then adopt specifications for the deployment and operational use of ITS for other actions in the priority areas. The specifications will, where appropriate, include the conditions under which EU countries may establish additional rules for the provision of ITS services on all or part of their territory, provided that these rules do not impede interoperability of the services. In addition to the specifications, the Commission may adopt guidelines and other non-binding measures to facilitate the cooperation of EU countries regarding the priority areas.

Rules on privacy, security and re-use of information

EU countries must ensure that the processing of personal data in the context of the operation of ITS applications and services is undertaken in accordance with EU rules on fundamental rights and freedoms of individuals, and that the provisions on consent are adhered to. In particular, personal data must be protected against misuse, including unlawful access, alteration or loss. To this end, personal data should only be processed where necessary and, where appropriate, the use of anonymous data should be encouraged for the performance of the ITS applications and services.

Delegated acts

With regards to specifications, the Commission may also adopt separate delegated acts for each of the priority actions. The European Parliament and the Council have the right to either revoke this delegation of powers, or object to a delegated act. If there is an objection to a delegated act, the act will not enter into force.

European ITS Advisory Group

The Commission shall establish a European ITS Advisory Group to provide advice on business and technical aspects of the deployment and use of ITS in the EU. The group shall be composed of high level representatives from relevant ITS service providers, associations of users, transport and facilities operators, manufacturing industry, social partners, professional associations, local authorities and other relevant fora.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2010/40/EU

26.8.2010

27.2.2012

OJ L 207 of 6.8.2010

European system for registration of carriers of radioactive materials

European system for registration of carriers of radioactive materials

Outline of the Community (European Union) legislation about European system for registration of carriers of radioactive materials

Topics

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

Transport > Road transport

European system for registration of carriers of radioactive materials (Proposal)

Proposal

Proposal for a Council Regulation of 30 August 2011 establishing a Community system for registration of carriers of radioactive materials [COM(2011) 518 final – Not published in the Official Journal].

Summary

This Proposal for a Regulation aims at putting in place a European system for registration of carriers of radioactive materials *. Workers and the general public must be protected against the dangers arising from ionising radiation.

The Proposal concerns any carrier transporting radioactive materials within the European Union (EU), from third countries into the EU and from the EU into third countries. It does not concern carriers transporting radioactive materials by air or sea.

Registration of carriers

Carriers must register with the Electronic System for Carrier Registration (ESCReg). The system offers restricted and secure access to the competent authorities of the Member States, to the registered carriers and to the applicants, in accordance with the provisions of the Data Protection Directive.

If an applicant is established in one or more Member States, its application is processed by the competent authority * of the Member State where its head office is located. If the applicant is established in a third country, its application is processed by the competent authority of the Member State where the carrier intends to first enter EU territory.

Member States shall designate a competent authority and a national contact point for the transport of radioactive materials.

If the competent authority refuses to grant the carrier a certificate of registration, the applicant may lodge an appeal.

The certificate of registration is recognised by all Member States and is valid for a period of five years. It may be renewed.

Conditions of transport for radioactive materials

Once registered, the carrier is authorised to carry out transport operations throughout the EU. Carriers must have a copy of their registration certificate during such transport operations.

National reporting and authorisation requirements in addition to those of this Proposal for a Regulation may only apply for the following materials:

  • fissile materials;
  • high consequence radioactive materials.

However, holders of a licence or registration issued pursuant to the Directive on the dangers arising from ionising radiation may transport radioactive materials without registration if their transport is included in licences or registrations for all Member States where the transport takes place.

If carriers do not comply with the requirements of this Proposal for a Regulation, the authorities of the Member State where the offence is recorded may suspend, revoke or modify the carrier’s registration. The carrier may also be prosecuted.

Context

In 2008, the Council and the Parliament adopted the Directive on the transport of dangerous goods grouping together all modes of inland transport. Pursuant to Directive 96/29/Euratom, which lays down basic safety standards for the protection of the health of workers and the general public against dangers arising from ionising radiation, Member States must put in place a system for the registration of companies and institutions processing radioactive materials, including carriers. Under this Proposal for a Regulation, registration will be centralised in order to facilitate transport within the EU.

Key terms of the Act
  • Radioactive material: any material containing radionuclides where both the activity concentration and the total activity in the consignment exceed the values specified in the Regulation on shipments of radioactive substances.
  • Competent authority: any authority designated by the Member State to carry out tasks in accordance with this Regulation.

Reference

Proposal Official Journal Procedure

COM(2011) 518 final

2011/0225/NLE