Law On The Rail Code (1)

Original Language Title: Loi portant le Code ferroviaire (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013014641&caller=list&article_lang=F&row_id=1000&numero=1045&pub_date=2013-12-20&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-12-20 Numac: 2013014641 SERVICE PUBLIC FEDERAL mobility and transport 30 August 2013. -Law concerning the rail Code (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title 1. -General provisions Chapter 1. -General Article 1. This rail Code regulates a matter referred to in article 78 of the Constitution, with the exception of the title 7/1 which regulates a matter referred to in article 77 of the Constitution.
This rail Code transpose: 1 ° Directive 91/440 / EEC of 29 July 1991 on the development of the community's railways;
2 ° Directive 95/18/EC of the Council of 19 June 1995 on the licensing of railway undertakings;
3 ° Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of capacity of railway infrastructure, railway infrastructure charges and safety certification;
4 ° the Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on the safety of Community railways and amending Council Directive 95/18/EC of the Council on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure, pricing of railway infrastructure and safety certification capacity;
5 ° 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;
6 ° 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.
This rail Code partially transposes Directive 2012/34/EU of the European Parliament and of the Council of November 21, 2012, establishing a single European railway area.
CHAPTER 2. -Scope art. 2 § 1. This rail Code does not apply: 1 ° private rail infrastructure and vehicles used on these only infrastructures and intended to be used exclusively by their owners for their own freight operations;
2 ° to the rail networks which are separated functionally from the rest of the rail system and are intended only for the operation of local, urban or suburban passenger and freight services;
3 ° to the heritage, Museum and tourist railways that have their own rail networks, including workshops, vehicles and personnel operating only on such networks and lines;
4 ° to heritage, Museum and tourist vehicles travelling on the national rail network. However, the rules adopted in accordance with article 27, paragraph 3, 46, paragraph 4, 68 § 2, paragraphs 3 and 5, and 70, as well as the title 7 apply to these vehicles.
5 ° with the exception of articles 74, 12 ° and 82, metros, trams and other urban and regional rail systems making use of light rail or any other way related to the rail, provided that these do not circulate on the Belgian rail network.
§ 2. Title 5 does not apply to train drivers operating exclusively on sections of routes which are temporarily closed to normal traffic due to maintenance, renewal or redevelopment of the rail system.
CHAPTER 3. -Definitions art. 3. for the purposes of this Code, it has to be understood by: 1 ° 'Accident': a junk or intentional and unexpected event or a specific chain of events of this nature, which have harmful consequences;
accidents are broken down according to the following types: collisions, derailments, accidents at crossings, accidents to persons caused by rolling stock in operation, fires and others;
2 ° «Serious accident»: any collision of trains or any train derailment at least a death or at least five wounded serious or causing extensive damage to rolling stock, infrastructure or the environment, and any other similar accident with obvious consequences on the regulation or management of railway safety; 'significant damage' means damage that can immediately be estimated by an investigative body to a total of at least EUR 2 million;
3 ° 'Framework agreement': the convention defining the rights and obligations of an applicant and the infrastructure manager rail and on the rail to allocate infrastructure capacity and pricing to be applied for a period exceeding a single period of validity of the service timetable.
4 ° "Administration": the authority of railway transport;
5 ° 'Agency': the European Railway Agency established by Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004;
6 ° "safety approval: approval issued to the Manager of the rail infrastructure by the safety authority;
7 ° 'Certificate': the harmonised complementary certificate indicating the infrastructures on which the holder is allowed to drive and the rolling stock that the holder is authorized to drive;
8 ° "Authorization to put into circulation": the Act by which a subsystem is used on the Belgian rail network.
9 ° 'Safety authority': the authority responsible for tasks relating to security and the interoperability of railways;
10 ° "other personal edge for decisive tasks for operating safety": those embedded in the train who are not train drivers, but which contribute to the safety of the train and of the passengers and goods transported. In the context of this Code and its implementation orders this staff is designated by the term: "passenger train attendants. This staff does not include the staff of Securail;
11 ° "Candidate": any railway undertaking or other natural or legal persons or entities, such as for example the competent authorities referred to in Regulation (EC) No 1370/2007 and shippers, freight forwarders and transport operators combined with commercial reasons or public service to acquire the infrastructure capabilities;
12 ° "Railway infrastructure capacity": the availability to schedule train paths requested for a segment of the rail infrastructure for a certain period;
13 ° "Specific cases": any part of the rail system which needs special provisions in the TSIs, temporary or definitive, because of geographical, topographical constraints, urban environment and consistent with the system existing. This may include such lines and rail networks isolated from the rest of the Union European, gauge, gauge or the interaxial of the tract, vehicles exclusively intended for local, regional or historical use and vehicles coming from or destined for third countries;
14 ° 'Causes': actions, omissions, events or conditions, or a combination thereof, which led to the accident or incident;
15 ° "Training Centre": an entity recognised by the safety authority to give training courses.
16 ° 'Security certificate': the document issued by the authority of security that was intended to demonstrate that the railway undertaking has established its safety management system and is able to meet the requirements defined in the TSIs, in other relevant provisions of the law as well as in the rules of safety, in order to control risks and provide transport on the network safely;
17 ° 'Certification of crew': the verification that a candidate for the position of flight attendant has psychological, medical and professional skills required;
18 ° "Train driver": a person capable and authorized to conduct autonomous, responsible and safe trains, including locomotives, shunting locomotives, work trains, railway maintenance and assistance vehicles or trains for rail passenger or goods transport;
19 ° 'Interoperability constituent': any elementary component, group of components, subassembly or complete Assembly of equipment incorporated or intended to be incorporated into a subsystem, upon which the interoperability of the rail system depends directly or indirectly. The concept of «constituent» covers both tangible and intangible objects such as software;
20 ° 'Coordination': the procedure implemented by the Manager of the rail infrastructure in order to seek a solution in the event of competing applications for the reservation of railway infrastructure capacity;
21 ° 'Holder': the person or entity owns the vehicle or having the right of disposition on this one, which operates such vehicle as a means of transport and is registered as such in the national register of vehicles (RNV);
22 ° "Document of reference of the network": document which specifies, in detail, the description of the network, the General rules for circulate, deadlines, procedures and criteria relating to the pricing and allocation of infrastructure capacity systems

railway; This document contains also all other information necessary to enable the introduction of rail infrastructure capacity requests;
23 ° "Investigation": a procedure aimed at preventing accidents and incidents and consisting of to collect and analyze information, to draw conclusions, including the determination of causes and, where appropriate, to make recommendations on security;
24 ° "Investigator": the person responsible for the organisation, conduct and control of an investigation;
25 ° "Procuring entity": any public or private entity that orders the design and/or construction, renewal or redevelopment of a subsystem. This entity may be a railway undertaking, an infrastructure manager or a keeper, or a dealer who is responsible for the implementation of a project;
26 ° 'Entity responsible for maintenance': an entity responsible for the maintenance of a vehicle and registered as such in the national register of vehicles;
27 ° 'Railway undertaking': any undertaking private or public and licensed in accordance with the legislation applicable European, whose main activity is the provision of services for the transport of goods and/or passengers by rail traction must be ensured by this company; This term also covers companies that only provide traction;
28 ° 'Essential requirements': all of the conditions described in annex 16 must satisfy the rail system, the subsystems, and the and interoperability constituents including interfaces;
29 ° 'Railway infrastructure manager': any body or undertaking responsible in particular for establishing and maintenance of railway infrastructure. This may also include the management of control and infrastructure security systems. The functions of Manager of infrastructure on all or part of a network can be attributed to multiple agencies or companies;
30 ° "Service time": the data defining all movements programmed trains and rolling stock, rail infrastructure concerned, during the period of validity of this schedule;
31 ° 'Incident': any occurrence, other than accident or serious accident, associated with the operation of trains and affecting the safety of operation;
32 ° 'Railway infrastructure': all the elements referred to in annex I, part A, to Regulation (EC) No 851/2006 of the Commission of 9 June 2006 on the attachment of the content of the various headings in the forms of accounts of annex Ire of Regulation (EEC) No 1108/70 of the Council of 4 June 1970;
33 ° "Congested infrastructure": the section of the railway infrastructure for which requests for railway infrastructure capacity cannot be fully satisfied during certain periods even after coordination of the different requests for capacity reservation;
34 ° 'Interoperability': the ability of a rail system to allow the safe movement and without breaking the trains by accomplishing performance required in these lines. This ability depends on all the regulatory, technical and operational conditions which must be fulfilled to meet the essential requirements;
35 ° 'Licence': the certificate by which a company is recognized by the competent authority of a Member State of the European Union as company rail for rail transport services supplies contained therein;
36 ° 'Train driver's licence': the permit issued to a train driver by the safety authority attesting that the driver meets minimum conditions medical, psychological, education and basic general skills requirements;
37 ° 'Common safety methods (MSC)': the methods that are developed to describe how to evaluate the levels of security, the achievement of the objectives of security and compliance with other safety requirements;
38 ° "Minister": the Minister who has the regulation of rail transport in his or her attributions;
39 ° "Commissioning": all operations including the update of the approval of safety and security certificate by which the use of a subsystem or a set of subsystems is allowed on the Belgian rail network.
40 ° "Commissioning": all the operations by which a subsystem or a vehicle is put into State of nominal operation;
41 ° 'Harmonised standard': any European standard adopted by one of the European standardisation bodies listed in Annex I, Countess of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure of information in the field of standards and technical regulations and rules on information society services and which, alone or together with other standards provides a solution for compliance with a legal provision;
42 ° 'Common safety objectives (CSO)': the safety levels that must at least reach different parts of the rail system (such as the conventional rail system, high-speed rail system, long railway tunnels or lines solely used for freight transport) and the system as a whole, expressed in risk acceptance criteria;
43 ° 'Control body': the authority of economic regulation of railway transport;
44 ° "Investigative body": the body responsible for conducting investigations of accidents and incidents;
45 ° "Designated bodies": agencies responsible for appraising the procedure for verification of the subsystems from the national technical rules in the absence of TSI or in case of derogation;
46 ° «Notified bodies»: bodies responsible for assessing the conformity or the suitability for use of the interoperability constituents or for appraising the «EC» verification procedure for subsystems;
47 ° «Basic parameter»: any regulatory, technical or operational condition which is critical to interoperability and specified in the relevant TSIs;
48 ° "Interested party": the railway undertaking which lodged a request for capacity of infrastructure as well as other parties who wish to comment on the impact the schedule of service may have on their ability to provide rail services during the period of validity of the service timetable.
49 ° "Shipboard personnel": composed, on the one hand, train, and on the other hand, drivers with other staff of edge ensuring critical tasks for the security;
50 ° "Capacity plan": a measure or series of measures, accompanied by a timetable for implementation and to reduce the capacity constraints leading to the declaration of a section of infrastructure as "congested infrastructure";
51 ° "Project at a stage advanced development": any project including the planning and construction phase is at a stage such that a change in the technical specifications would be unacceptable for the Member State concerned. This impediment can be legal, contractual, economic, financial, social or environmental in nature and must be duly justified;
52 ° "Redevelopment": important works of modification of a subsystem or part subsystem improving the overall performance of the subsystem;
53 ° 'National register of vehicles (RNV)': the register of vehicles permitted to travel on the Belgian rail network.
54 ° 'National technical rules': safety rules referred to in article 171 of this rail Code;
55 ° 'Safety rules': all rules containing railway safety requirements, imposed on the Belgian network, regardless of the body that enacts as follows;
56 ° «National safety rules»: all rules containing railway safety requirements, which are imposed at the level of the Belgian railway network and are applicable to more than one railway company, regardless of the Organization prescribing;
57 ° 'Renewal of railway infrastructure': the important work of substitution of a subsystem or part subsystem does not change the overall performance of the subsystem;
58 ° "Distribution": the allocation by the Manager of the rail infrastructure of the railway infrastructure capacity;
59 ° 'Network': the lines, stations, terminals, and all kinds of fixed equipment needed to ensure the operation safe and continuous rail system;
60 ° 'Series': a number of identical vehicles whose design is governed by the same type.
61 ° 'International freight service': a freight rail service where the train crosses at least one border of a State member. the train may be joined and/or split and the different sections may have different origins and destinations, provided that all wagons cross at least a border;
62 ° 'International passenger transport service': a service for the carriage of passengers where the train crosses at least one border of a Member State and whose main purpose is the carriage of passengers between the

stations located in different Member States; the train can be divided or assembled, and divided, and the different sections may have an origins and different destinations, provided that all cars at least cross a border;
63 ° "Rail service": any provision of national or international transportation of passengers, goods and combined transport national and international goods.
64 ° 'Groove': the capacity of the rail infrastructure needed to run a train from one point to another in a given time;
65 ° «Subsystems»: the result of the subdivision of the railway system as indicated in annex 15 and for which essential requirements must be defined. These subsystems are structural and functional;
66 ° 'European specification': a common technical specification, a European technical approval or a national standard transposing a European standard as defined in article 67a of the royal decree of 10 January 1996 relating to the procurement of works, supplies and services in the sectors of water, energy, transport and postal services;
67 ° «Technical specifications for interoperability (TSI)»: the specifications by which each subsystem or part of subsystem is the object to meet the essential requirements and ensure the interoperability of the rail system;
68 ° «Substitution in an interview»: the replacement of components by parts of function and identical performance within the framework of preventive or corrective maintenance;
69 ° 'Safety management system': the Organization and the provisions laid down by the railway infrastructure manager or a railway undertaking to ensure the safe management of its operations;
70 ° 'Railway system': the system composed of the railway infrastructures, comprising lines and fixed installations of the rail system, and vehicles of any category and origin travelling on that infrastructure;
71 ° 'Trans-European rail system': trans-European conventional and high-speed rail systems described in annex 14.
72 ° vehicle type": a vehicle type defining the essential design characteristics of the vehicle, as covered by the type-examination certificate ' this ' unique described in module B of annex II to Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products and repealing Decision 93/465 / EEC;
73 ° 'Vehicle': a rail vehicle able to circulate on its own wheels on a railway line, with or without traction. A vehicle is composed of one or more subsystems or parts of such subsystems in structural and functional nature.
TITLE 2. -Separation between, on the one hand, the activity of transport and railway infrastructure management and, on the other hand, between the provision of services of passenger transport in respect of public service missions and activities relating to the provision of other transport services or any other activity s.
4 § 1. Businesses, which provide rail transport services and who exercise the management of the railway infrastructure, take in their internal accounting of the separate accounts, on the one hand, for the activity in relation to the provision of rail transport services and, secondly, for the management of railway infrastructure. The annex to their annual account contains balance sheets, accounts of results and cash flow separated, on the one hand, for activities relating to the provision of transport services and, secondly, for activities relating to the management of railway infrastructure.
The public aid paid to the provision of rail transport services or for the management of railway infrastructure cannot be transferred to another activity.
The accounts of the two activities are required to reflect this prohibition.
§ 2. Railway undertakings shall in their internal accounts of separate accounts for the activity of rail freight transport. The annex to their annual account contains a balance sheet, a profit and loss account and cash flow separated for rail freight transport activity.
Contributions to the provision of services of passenger transport in respect of public service remits must be shown separately in the relevant accounts and may not be transferred to the activity in relation to the provision of other transport services or any other activity.
TITLE 3. -Use of the railway infrastructure Chapter 1. -Access to the railway infrastructure Section 1st. -Right of access and transit article 5 have a right of access to the railway infrastructure: 1 ° the national company of the Belgian railways to operate all of its transport activities;
2 ° any railway undertaking established in a Member State of the European Union, for the operation of any type of goods transport services;
3 ° any railway undertaking established in a Member State of the European Union for the operation of international passenger transport services;
4 ° any tourist association conducting circulations for tourist purposes with historical and recognized material for this purpose. S.
6. in the course of an international passenger service, the railway undertaking has the right to take and drop passengers at any station located on the international route, including for the transport of passengers on parts of this route between two Belgian stations.
S.
7. any railway undertaking perform rail transportation services and access to the railway infrastructure must be in possession: 1 ° a licence appropriate to the types of services it offers and issued by the competent authority of a Member State of the European Union;
(2) a certificate of railway safety;
3 ° of available rail infrastructure capacity granted by the Manager of the rail infrastructure s. 8. the railway infrastructure manager circulates freely on its network for the purposes of maintenance and management, renewal and extension of the railway infrastructure, in compliance with the security rules imposed to any user of the railway infrastructure.
The railway infrastructure manager offers organizations notified and designated as well as railway companies, rail infrastructure, in order to perform tests in accordance with the provisions of title 6 and in compliance with the safety rules.
For the tests referred to in paragraph 2, the candidate must pay a fee to test vehicles used to carry out tests which covers the costs of the infrastructure manager to the infrastructure manager. The King determines the calculation rules and the terms of payment of the fee for the test.
Section 2. -Services provided to railway undertakings art.
9 § 1. Access by network rail services linked to rail activities referred to in article 5, as well as the provision of these services in the terminals and ports that serve or may serve more than one final customer are insured at all railways in a non-discriminatory and transparent manner and requests by railway undertakings may be subject to restrictions only if there are other solutions by rail under the conditions of market.
§ 2. The railway undertaking can claim, on a non-discriminatory basis, to all the minimum benefits referred to in point 1 of annex 1 as well as network access to the infrastructure of services described in annex 1. The services referred to in point 2 of annex 1 are provided in a non-discriminatory manner; requirements of railway companies for the services referred to in point 2 of annex 1 can only be rejected if there are other viable options to the market conditions.
§ 3.
Services, referred to in annex 1, point 3, can be supplied at the request of a railway undertaking by the infrastructure manager. In such a case, they shall be provided in a nondiscriminatory manner against any candidate who requested.
§ 4. The railway undertaking may apply to the Manager of the rail infrastructure or to other providers to provide the services referred to in annex 1, item 4. The rail infrastructure manager is not required to provide these services.
Section 3. – Authorization art. 10. subject to other provisions, authorizations for facilities applicants as well as the construction of works of art above or below the railway are issued by the Manager of the rail infrastructure. It establishes and maintains an inventory y matter.
Facilities that may present a risk to the population or the environment are clearly identified and localized to the rail network.
CHAPTER 2. -Railway undertaking licence Section 1st. -Principles s.
11. any company having a place of business in Belgium has the right to apply to the Minister for a licence allowing it to be recognized as a railway undertaking.
S. 12. the licence is not transferable and determines the types of services for which it is valid. It is valid on

throughout the territory of the European Union.
Section 2. -Conditions of issuance of licence art.
13 § 1. To obtain a licence, the applicant must be able to demonstrate at any time and from the beginning of its activities, that he met or will meet the conditions as determined by the King by a decree deliberated in the Council of Ministers, financial standing, of professional capacity of its liability coverage as well as on good repute.

§ 2. For the purposes of § 1, any undertaking which requires a licence must provide all relevant information.
§ 3. The King determines the terms of introduction of the application and issuance of the licence.
§ 4. The King sets the minimum amounts for liability coverage.
Section 3. -Validity of the licence art.
14. the licence remains valid as long as the railway undertaking fulfils the conditions referred to in article 13.
The licence shall be reviewed: 1 ° at regular intervals determined by the King, at least every five years;
2 ° If the railway undertaking is planning to change or extend its activities significantly;
3 ° if there is serious doubt regarding compliance with the requirements listed in article 13, by the railway undertaking.
By a decree deliberated in the Council of Ministers, the King determines the modalities of this review.
Section 4. -Withdrawal and suspension of licence art. 15. the judgement declaring the bankruptcy carries right withdrawal of the licence.
S. 16. where the Minister finds that there is substantial doubt as to the compliance with the requirements defined in this chapter or its orders of execution, by a railway undertaking that has a licence issued by the authority of another Member State, it shall inform without delay the authority.
S. 17. the King shall determine, by order deliberated in Council of Ministers, cases and the procedures for suspension and withdrawal of the licence, introduction of new applications for the issuance of a temporary license as well as specific provisions for suspension or removal that can be included in the licence.
S. 18. any decision licensing is notified to the European Commission.
Section 5. -Annual fee related to possession of a licence art. 19 § 1. It is caused by the holder of a railway undertaking licence, in respect of participation in the costs of administration, control and monitoring, an indexed annual fee.
§ 2. This fee must be paid when the licence is issued and then, before January 1 of each year.
§ 3. This fee is not subject to refund in the event of suspension or withdrawal of the license or cessation of the performance of the activities covered by the licence. When the licence has been withdrawn or suspended, the fee may not be required for the following year.

§ 4. In the event of non-payment, the licence may be suspended.
§ 5. The King determines the amount, payment terms and indexing of royalty mechanism.
CHAPTER 3. -Relations between the railway infrastructure manager and railway undertakings Section 1. -Document of network art. 20. the railway infrastructure manager establishes the network reference document and provides advertising, after consultation with the narcotics control, candidates and railway undertakings operating on the network.
S.
21. the network reference document has the characteristics of the railway infrastructure available to railway undertakings. It contains the information necessary to access this infrastructure in execution of this rail Code and determined by Annex 2. Network reference document is required to update and, if necessary, modified.
S. 22. the network reference document is published at the latest four months before the date limit set by the Manager of the rail infrastructure for the introduction of the railway infrastructure capacity requirements.
Its publication is announced by way of notice in the Moniteur belge.
It can be accessed electronically or obtained from the Manager of the rail infrastructure on payment of a fee fixed by him. This fee does not exceed the cost of publishing.
Section 2. -Agreements art.
23. any use of the infrastructure by the beneficiary of a sulcus gives rise prior to an agreement between the Manager of the railway infrastructure with the railway undertaking providing services of rail transport, defining the rights and obligations of each party. Conditions for this agreement are non-discriminatory, transparent and consistent with the legal and regulatory provisions in force.
This agreement notably specifies the modalities of implementation of safety rules.
This agreement also contains a performance improvement system that is to use systems of charging for the use of infrastructure in order to encourage the railway undertaking and the Manager of the rail infrastructure to minimize failures and improve the performance of the rail network.
This system applies to the whole of the network and can provide for sanctions against acts of failures and include compensation for those who are victims of these failures as well as incentives for good performance exceeding the forecasts based on the system of performance improvement.
The King determines, by a decree deliberated in the Council of Ministers, after opinion of the Manager of the rail infrastructure, rules for the calculation and payment of fees resulting from the application of the system of performance improvement.
The parties may obtain the opinion of the supervisory body on the compatibility of the envisaged agreement with the provisions of this railway Code and its execution orders.
S. 24 § 1.
Railway infrastructure manager and the candidate may enter into a framework agreement laying down rights and obligations in relation to the infrastructure capacity to be allocated and the charges to apply over a period exceeding a single period of validity of the service timetable.
This framework agreement specifies the characteristics of the railway infrastructure capacity requested by the applicant and the railway infrastructure capabilities for a period exceeding a single period of validity of the service timetable. The framework agreement does not define a train path in detail but is established to meet the legitimate commercial needs of the candidate.
The framework agreement shall not preclude the use of the infrastructure concerned by other applicants or services.
The framework agreement can be amended to permit better use of rail infrastructure.
The framework agreement can include measures sanctioning behaviour leading to the amendment of the agreement or to terminate.
While respecting confidentiality in commercial terms, the General provisions of each framework agreement are communicated to all parties that may use the same capabilities.
The framework agreement is concluded in principle for a period of five years, renewable by equal to its initial duration periods. The rail infrastructure manager may, in special cases, accept shorter or longer periods. Any period longer than five years is motivated by the existence of commercial contracts, specific investment or risk.
In special cases, especially if long-term investments require it, the duration can be more than 10 years.
The parties may obtain the opinion of the supervisory body on the compatibility of the envisaged agreement with the provisions of this railway Code and its execution orders.
The rail infrastructure manager is developing the framework agreement model that is part of the network reference document.
§
2. By way of derogation from article 24, § 1, paragraph 7, for services using an infrastructure designated in accordance with article 38, paragraph 2, requires large investments and long-term duly justified by the applicant, the framework agreement can be concluded for a period of fifteen years. Longer of fifteen is permissible only in exceptional cases, including when it comes to investment and long-term and specially when they are subject to contractual commitments including a multi-year depreciation plan.
In this case, the candidate may request a detailed definition of the characteristics of capabilities, including the frequency, volume and quality of train paths, which are placed at his disposal for the duration of the framework agreement. The railway infrastructure manager may reduce reserved capacity which the use, over a period of at least one month, was lower than the threshold laid down in article 41, § 4.
An initial framework agreement may be established for a period of five years, renewable for five years, on the basis of the characteristics of the capabilities used by candidates providing services before 1 January 2010, in order to take account of specific investments or the existence of commercial contracts.
The supervisory body is responsible to authorize the entry into force of such an agreement.
Section 3.
-Disturbances, accidents and incidents s. 25. in the case of disruption of rail traffic due to a technical failure, an accident or an incident serious, the infrastructure manager

Rail takes the necessary steps to ensure the recovery of the normal situation.
Without prejudice to article 93 and Chapter 6 of Title 4, he established a contingency plan that includes a list of various interveners to alert in case of accident, serious instances or serious traffic disruption.
Section 4. -Privacy art. 26. the infrastructure manager respects the privacy, the commercial angle, of the information communicated to it by the candidates.
CHAPTER 4. -Allocation of capacity of railway infrastructure Section 1st. -General art. 27. the railway infrastructure manager establishes specific rules for allocation of capacity of railway infrastructure on the basis of the provisions of this chapter and publishes in the reference document for the network.
The rail infrastructure manager may obtain the opinion of the supervisory body on the compatibility of these specific rules with the provisions of this railway Code and its execution orders.
By way of derogation from paragraph 1, the King may lay down specific rules of distribution for vehicles reserved strictly heritage, historical or touristic use.
Section 2. -Principles of allocation of capacity of railway infrastructure art. 28. the railway infrastructure manager allocates available effectively and optimal capacity, both for national rail services international, on a fair and non-discriminatory basis.
The rail infrastructure manager is constantly able to indicate to any interested party the capabilities that are available on the network.
S. 29. available railway infrastructure capacities allocated to a candidate can be transferred to another candidate or another service.
The use of capacity by a railway undertaking to pursue the activities of a candidate who is not a railway undertaking is not considered to be a transfer.
Any transaction relating to infrastructure capacity is forbidden and leads to the exclusion from the allocation of capacity for the schedule of current service.
S. 30 § 1. The right to use capacities of railway infrastructure in the form of furrows is granted to a candidate for a maximum corresponding to a single period of validity of the service timetable.
§ 2. However, the railway infrastructure manager and a candidate may conclude a framework agreement in accordance with article 24 § 1, in relation to the use of capacity on the railway infrastructure concerned, for a period longer than a single period of validity of the service timetable.
§ 3. The rail infrastructure manager may require the candidate's payment of administrative costs related to the processing of the application, that a Groove or not awarded.
S. 31. when an applicant intends to request infrastructure capacity with a view to the operation of international services of passenger transport with stops for transportation between two stations in Belgium, it shall inform the infrastructure manager concerned and the narcotics control.
In order to assess the object of an international passenger service, the supervisory body shall ensure that the Minister, and the Minister has awarded a rail passenger transport defined in a public service contract and any railway undertaking performing the public service contract on the route of this international passenger transport service are informed.
Section 3. -Procedures for allocation sub-section 1. -Applications for arts. 32. the capacity of the railway infrastructure applications: 1 ° either by the candidates referred to in article 5 holders of a license and a security certificate, 2 ° either by the allocation body of the railway infrastructure capacity of another Member State of the European Union for the ride located in Belgium.
They are addressed to the Belgian railway infrastructure manager when the departure of the service takes place on the Belgian territory.
S. 33 § 1. Requests for regular services are introduced and processed in compliance with the schedule included in annex 3 and as laid down in the document of reference of the network.
§ 2. Applications that fit into a framework agreement are processed in accordance with this agreement.
§ 3. Claims introduced after the date limit for the introduction of the capacity requirements can be met only on the available network capacity after the furrows or on booked capacity.
§ 4. Applications submitted after the publication of the schedule of service, but which concerns this service schedule, can be satisfied only for the remainder of the schedule for current service and on the available network capacity after the allocation of the furrows or on reserved capacity.
S. 34. the applications involving several networks, including the Belgian network, may be addressed to the Belgian railway infrastructure manager. It is therefore on behalf of the candidate in his search for capabilities with other rail infrastructure managers concerned.
International train paths as agreed by different managers of the railway infrastructure are integrated into the project schedule before the start of the consultations thereon.
S. 35. from the date limit for filing applications, the Manager of the rail infrastructure has four more months to establish a schedule of service project.
This project is developed in view of the provisional international train paths established in cooperation according to the procedure described in article 34; railway infrastructure manager shall ensure insofar as possible that these grooves are respected during the procedure.
When the project of service schedule is established, railway infrastructure manager shall consult interested parties and leaves them able to submit their comments for a period of one month.
The entry into force of the schedule takes place no later than twelve months after the date limit for lodging the applications.
S. 36. in the case of ad hoc requests for train paths, rail infrastructure manager responds within a maximum period of five working days. In the case of applications referred to in article 33, §§ 3 and 4, the rail infrastructure manager responds within a maximum period of one month. Railway infrastructure manager shall inform applicants of the used and available capacities that they may wish to use.
S. 37. the scheduled railway infrastructure maintenance takes the form of a request for capacity, introduced as a reservation for the preparation of the schedule of service. The rail infrastructure manager takes into account its impact on requests for the candidates abilities.
Sub-section 2. -Procedures for programming and coordination article
38. the capacity of the infrastructure is considered as being available for all types of services that meet the characteristics required to borrow the furrow in question.
However, the railway infrastructure manager may designate certain rail infrastructure specific to use types specific rail services where alternative routes exist. It is reported in the document of reference of the network. This designation shall not preclude the use of the railway infrastructure for other types of rail services once capabilities are available and that rolling presents the technical characteristics required to borrow the rail infrastructure in question.
This designation is made after the stakeholder consultation and dialogue with the administration.
S.
39. the Manager of the rail infrastructure strives to meet all the demands of railway infrastructure capacity; It takes account of the constraints to which candidates must face, such as the economic activities impact and observed the specific rules contained in this Code regarding the competing applications, the saturation, ad hoc requests, the specification for rail infrastructure and maintenance requests.
S. 40 § 1.
In the event of competing applications, railway infrastructure manager strives, through the coordination of requests, to ensure the best possible match between them.
§ 2. It may in this connection propose different railway infrastructure capacities which were requested and, in the event of conflict, the rail infrastructure manager consults the relevant candidates.
The principles governing the coordination process are defined in the document of reference of the network.
They in particular reflect the difficulty to draw international train paths and the impact that any changes might have on other railway infrastructure managers.
S.
41 § 1. When, at the end of the coordination procedure requested paths and consultation of the candidates, it is impossible to reconcile all rail infrastructure capacity requests or if it can be assumed that rail infrastructure will suffer a shortage in the near future, the Manager of the rail infrastructure said immediately

the section of the relevant railway infrastructure "congested infrastructure".
§ 2.
The rail infrastructure manager establishes within six months of the declaration of saturation, an analysis of capacity, unless a building project has already been adopted, in accordance with § 3.
Capacity analysis determines the capacity of rail infrastructure restrictions and the reasons for this saturation which prevent requests for capacity can be met appropriately, and offers methods and measures to meet the additional demands which could be taken in short and medium term to address.
The King determines the content of the analysis.
§ 3. Within a period of six month from the establishment of analysis of capacity-building, the railway infrastructure manager presents a draft capacity building plan after consultation with users of the congested rail infrastructure.
The draft mentions reasons of saturation, the likely evolution of traffic, constraints that weigh on the development of the railway infrastructure as well as options and their cost. On the basis of the cost-benefit analysis of the measures envisaged, measures to be taken to strengthen capacity and the timetable for their implementation are defined.
The project is approved by royal decree deliberated in the Council of Ministers within a period of three months.
§
4. The railway infrastructure manager requires the waiver a Groove which use, over a period of at least one month, has been below a threshold determined in the network reference document, unless this under-execution is because of economic reasons beyond the control of the railway undertaking concerned.
S. 42 § 1. The rail infrastructure Manager waives collect the fee referred to in article 50, § 2, saturated railway infrastructure concerned, in cases where: 1 ° it is not a capacity building plan within the time limit provided for in article 41, paragraph 3, or 2 ° it does not implement the action plan prepared for training plan within three months following its adoption.
§ 2. However, subject to the agreement of the supervisory body, the railway infrastructure manager can continue to collect this fee if: 1 ° the capacity enhancement plan cannot be implemented for reasons independent of his will, or 2 ° the options that are available to him are not viable economically or financially.
S. 43. when a railway infrastructure has been declared saturated and that the fees referred to in article 50, § 2, were not collected or not yielded conclusive results, the rail infrastructure manager apply priorities determined by the King, by a decree deliberated in the Council of Ministers, in function: 1 ° of public service obligations;
2 ° of the necessary development of transport services of goods and, in particular, to international freight transport services.
The rail infrastructure manager may also determine criteria of priority that it resumed in the reference document of the network, in accordance with the criteria determined in accordance with paragraph 1, in order to optimise the use of the railway infrastructure or for economic reasons. It takes into account past use levels furrows for the determination of the priority criteria.
S.
44. in the case of emergency and absolute necessity, motivated by a failure making it temporarily unusable railway infrastructure, allocated train paths may be deleted without notice, the time required for the rehabilitation of facilities.
If it considers it necessary, the infrastructure manager may require, subject to reasonable compensation, of railway undertakings that they put at its disposal the means which deems it most appropriate to restore the normal situation as soon as possible.
Sub-section 3. -Cooperation with other managers of the railway infrastructure art. 45. the railway infrastructure manager cooperates with other States members of the European Union railway infrastructure managers, in order to allow the creation and the effective allocation of railway infrastructure capacity involving multiple networks.
In the context of this cooperation, railway infrastructure manager organizes international train paths and puts in place the procedures necessary to this end.
When the Belgian railway infrastructure manager has this cooperation initiative, it shall inform the European Commission and he invited her to participate as an observer. It shall also inform the public in an appropriate manner.
CHAPTER 5. -Charges for the use of railway infrastructure Section 1st. -General art. 46. the King shall determine, by order deliberated in Council of Ministers, after consultation with the railway infrastructure manager, calculation rules and the terms of payment of fees for the use of railway infrastructure.
It can also, after opinion of the railway infrastructure manager, define specific pricing rules. Otherwise, these rules are determined by the Manager of the rail infrastructure.
The pricing system, as well as the scales are mentioned in the document of reference of the network.
By way of derogation from paragraph 1, the King may lay down specific rules for the calculation of fees for the use of railway infrastructure for vehicles reserved strictly heritage, historical or touristic use.
S. 47 § 1. The King sets, by Decree deliberated in the Council of Ministers, the conditions appropriate, including possible ex ante payments, so the accounts of the Manager of the rail infrastructure, in normal activity and over a reasonable period, have at least a balance between, on the one hand, the revenues derived from fees for the use of railway infrastructure, is it necessary, excess cleared other commercial activities and State funding and on the other hand, rail infrastructure spending.
§ 2. The Manager of the rail infrastructure is, while respecting security requirements and improving the quality of service of the railway infrastructure, encouraged to reduce the costs of provision of infrastructure and the level of charges for the use of railway infrastructure.
§ 3. If the infrastructure manager is an autonomous public company, the implementation of the provision of § 2 occurs in the context of the management contract with the Belgian State. If the infrastructure manager is not an autonomous public enterprise, the King adopted by order deliberated in Council of Ministers, the provisions relating to the implementation of § 2.
S. 48. the railway infrastructure manager establishes a method of allocating costs. This method and its possible updating based on international best practices are subject to the approval of the supervisory body no later than before the start of the first schedule of service following the entry into force of the rail Code.
Section 2. -Principles of charging for the use of railway infrastructure art. 49. the Manager of the rail infrastructure determines and collects royalties for the use of railway infrastructure, in accordance with the present railway Code and its execution decrees. It assigns them to its activities.
S. 50 § 1. Fees for all minimum benefits and access through the network to the infrastructure of services referred to in points 1 and 2 of annex 1, are equal to the cost directly attributable to the operation of the rail service.
§ 2. The fee for the use of railway infrastructure may include a fee in respect of the scarcity of capacity of the identifiable section of railway infrastructure during periods of saturation.
§ 3. The fee for the use of railway infrastructure may be amended to take account of the cost of the effects on the environment of the operation of the trains. Such an amendment taking into account the environmental costs resulting in an increase of the overall amount of the revenues earned by the railway infrastructure manager is authorized only if it also applies to a comparable level to competing modes of transport. Otherwise, this change may result in no change to the overall amount of the revenues earned by the Manager of the rail infrastructure.
§ 4. To avoid disproportionate variations, royalties referred to in §§ 1 to 3 can be expressed in averages on an adequate range of rail services referred to in points 1 and 2 of annex 1 and periods.
§ 5. Unlike the fee for access to the services referred to in annex 1, point 2, the price of these same services is fixed taking into account the situation of competition from the railways.
S. 51. when the services referred to in annex 1, items 3 and 4, i.e. complementary and related benefits are offered only by one supplier the charge imposed for such a service is related to the cost of the benefit calculated on the basis of the degree of actual use.
S. 52. charges may be seen

in respect of capacity used for the maintenance of the railway infrastructure. Such royalties are not greater than the net amount of the loss of profits supported by the Manager of the rail infrastructure because of maintenance operations.
S. 53. the railway infrastructure manager must at all times be able to demonstrate that the rail infrastructure charges actually invoiced conform method, regulations and schedules defined in the reference document for the network.
S. 54. it can be seen by the railway infrastructure manager an appropriate royalty in respect of allocated but unused capacity. This law encourages efficient use of capacity.
S. 55 § 1. To ensure the payment of the royalties, the rail infrastructure manager may impose on applicants the provision of a financial guarantee. It is proportional to the proposed activity.

§ 2. This warranty is transparent and non-discriminatory. It is published in the reference of the network and the European Commission is informed.
Section 3. -Exceptions to the principles of pricing art. 56 § 1. Notwithstanding section 2, the King may, by order deliberated in Council of Ministers, decide increases the fee for the use of railway infrastructure in order to proceed to the full recovery of the costs incurred by the railway infrastructure manager.
The decision takes into account especially for the rail market ability to withstand these increases and competition in the sector of transport.
The decision does not exclude the use of the railway infrastructure by market segments, which can at least pay the cost directly attributable to the operation of the rail service, plus a rate of return if the market allows.
§ 2. The railway infrastructure manager can modify the target increases in the § 1, after agreement of the Council of Ministers. The amendment may enter into force only three months after publication.
S. 57 for specific investment projects which will be carried out in the future or which dates back no further than expired March 15, 1986, the King may, by a deliberate in Council of Ministers order, authorize the Manager of railway infrastructure to determine or maintain higher charges based on the cost of such projects long term.
The projects referred to in paragraph 1 relate to improving the effectiveness and/or efficiency in terms of cost which, otherwise, could not or could not be implemented.
The rail infrastructure manager may in the circumstances referred to in paragraph 1, insert in its agreements with railway undertakings a clause sharing risks associated with new investments.
S. 58. in order to prevent discrimination, it is done so that royalties average and marginal perceived by the Manager of the rail infrastructure comparable to equivalent use of its infrastructure and that of comparable services in the same market segment are subject to the same charges.
In the document of reference of the network, the railway infrastructure Manager shows that the charging system meets these requirements insofar as it can do so without disclosing confidential business information.
S.
59 § 1. Without prejudice to article 50, § 1, any reduction granted on collected royalties from a railway undertaking by the Manager of the rail infrastructure, for a service delivery whatever it is, meets the criteria of this article.
§ 2. With the exception of § 3, the reductions are limited to the actual administrative cost saving by the Manager of the rail infrastructure.
To determine the amount of the reduction, it cannot be taken into account already integrated in the perceived royalty economies.
§ 3. The railway infrastructure manager may introduce schemes available to all users of the railway infrastructure and which grant for traffic flow determined, reductions limited in time in order to encourage the development of new rail services, or discounts encouraging the use of considerably underutilised lines.
§ 4. Discounts may relate only to charges levied for a section of railway infrastructure.
§ 5. Systems of similar reductions apply to similar services.
S. 60 § 1.
The King may, by a deliberate decree by the Council of Ministers, establish a system to limited duration of compensation fees for the use of railway infrastructure within the limits described in § 2. The royal decree contains the method and the calculation of compensation.
§
2. This system can cover environmental costs related to accidents and infrastructure costs not covered in competing modes of transport, when these costs exceed the equivalent costs railway-specific.
§ 3. Where an operator receiving compensation enjoys an exclusive right, the compensation must be accompanied by comparable benefits to users.
CHAPTER 6. -The Narcotics Control Section 1st. -Designation art. 61. the King shall by order deliberated in Council of Ministers the narcotics control.
Section 2. -Missions art.
62 § 1. In addition to the tasks conferred under the Act, the narcotics control is vested with the tasks described in this section.
§ 2. In respect of Council missions, the supervisory body: 1 ° gives reasoned opinions and shall submit proposals;
2 ° initiative or at the request of the Minister, conducts research and studies on the rail market.
3 ° issue to the Minister the information necessary for the establishment of the rules relating to the licence, pricing, the allocation of infrastructure capacity;
4 ° cooperates with inspection of the other Member States of the European Union bodies to coordinate decision-making principles across the Union.
§ 3. In respect of its monitoring missions, the supervisory body: 1 ° inspects the conformity of the reference document of the network this railway Code and its execution decrees.
2 ° ensure that the charges are consistent with the provisions of the rail Code present, its orders of execution and the reference document of the network and applied in a nondiscriminatory manner;
3 ° ensure that the allocation of railway infrastructure capacity complies with the provisions of this Act, its execution and the network reference document orders;
4 ° without prejudice to the law on the protection of economic competition coordinated on September 15, 2006, monitor the competition markets railways, including the rail freight transport market;
5 ° determines, following a request from the Minister, the Minister having awarded a rail passenger transport defined in a public service contract or the railway undertakings concerned, if the main objective of a passenger transportation service is the transport of passengers between stations located in different Member States;
6 ° verifies the compliance with article 4.

§ 4. As its mission of administrative settlement of disputes, the Narcotics Control slice, within ten working days, the disputes in the distribution of the railway infrastructure capacity, without prejudice to the existing remedies, motion railway infrastructure manager, either of a candidate. The King lays down the procedures for the settlement of disputes.
§
5. In respect of its administrative tasks, the supervisory body can be written complaint notified by registered post, of any railway undertaking, any candidate or the Manager of the rail infrastructure, if he feels victim of unequal treatment, discrimination or any other prejudice in relation to: 1 ° the network reference document or the criteria it contains.
2 ° the procedure of allocation of infrastructure capacity and its results;
3 ° the pricing system, the level or the structure of the royalty for the use of railway infrastructure;
4 ° the provisions on access to railway infrastructure referred to in articles 5, 6, 7, 1 ° and 3 °, 8 and 9.
The administrative appeal is not suspensive to the contested decision, unless motivated by the narcotics control at the request of the complaining party.
§ 6. The Narcotics Control decides on disputes submitted to it by the Manager of the rail infrastructure in the allocation of the minutes of delay in the context of the performance scheme referred to in article 23, paragraph 5.
Section 3. -Powers art. 63 § 1. In pursuance of Council missions, the narcotics control makes advice.
§ 2. In execution of its mission of administrative settlement of disputes, the narcotics control takes motivated individual decisions.

§ 3. In execution of its missions of control and administrative remedies, the supervisory body takes any measures necessary, including protective measures and administrative fines, to put an end to the offences relating to the network reference document, the allocation of capacity, infrastructure pricing and provisions on access, in accordance with articles 64 and 65.

S. 64. the compliance body may, in the cases referred to in article 63 § 3, impose an administrative fine. The fine can be a day schedule, less than 12,500 euros or more than 100,000 euros, or, in total, more than 2 million euros or 3 per cent of the turnover of the person in question has made during the last year ended, if this amount is greater.
The fine can be calculated at the rate of a daily amount.
Without prejudice to the right to quote before the competent judge, administrative fines may take place by way of a constraint to the diligence of the administration of VAT, registration and domains.
S.
65. the Narcotics Control statue by reasoned decision in the cases referred to in article 63, paragraph 3, after hearing the parties concerned, within two months following the receipt of all information, except as otherwise provided in the Act.
It makes its decisions with particular consideration: 1 ° the compliance with the applicable laws and regulations;
2 ° the principle of equality of access to the rail capabilities;
3 ° of the need to maintain the integrity of the Belgian rail network and its interoperability with the rail services of other States;
4 ° the nature of the claim with regard to the resources of capacity available to satisfy.
It can make or make all useful investigations and the need to designate experts and hear witnesses.
The supervisory body shall notify the parties of its decisions and makes them public within 15 days of delivery. These decisions are binding on all the parties concerned.
They are published in paper and electronic form.
S. 66. the members of the supervisory body are subject to professional secrecy, under penalty of the application of article 458 of the penal Code, with respect to the facts, acts and information which they take knowledge by reason of their duties, apart from the exceptions provided by law.
Section 4. -Resources art. 67 § 1.
To cover the entire cost of operation and personnel of narcotics control, holders of a certificate of safety part B referred to in article 99 and the holder of the safety authorisation referred to in article 95 pays a levy to the federal public Service mobility and transport.
Per quarter, a quarter of the annual amount is due.
The all-in fee is distributed among holders of a certificate of security part B and the holder of the safety authorisation.
The part of the holder of the approval of security amounts to thirty per cent of the total amount.
The part of the holders of a certificate of security part B amounts to septante per cent of the total amount. This part is divided between the holders in proportion to the number of train-kilometres that they were delivered during the quarter closed three months before the quarter concerned by the fee. Train-kilometres, provided by each holder, are communicated by the holder of the approval of security to the federal public Service mobility and transport immediately after the close of each quarter.
§ 2. The fixed King, by a decree deliberated in the Council of Ministers, the amount of the fee referred to the § 1 and the arrangements for charging and payment thereof.
TITLE 4. -Safe operation of railway infrastructure Chapter 1. -Rules of safety art.
68 § 1. The national regulatory framework of safety rules is composed of the following safety rules: 1 ° rules relating to national objectives and security methods.
2 ° the rules relating to the requirements for management systems of safety, the approval of security of the infrastructure manager and railway undertakings safety certification;
3 ° the rules relating to staff security, rolling stock and railway infrastructure.
4 ° the rules relating to investigations of accidents and incidents;
5 ° the rules for the operation of the railway infrastructure;
6 ° the requirements for the movement of vehicles to heritage character;
7 ° the internal security rules.
§ 2. The King determines, by Decree deliberated in the Council of Ministers, the rules relating to the objectives and methods of security.
The King determines the rules concerning the requirements for management systems of safety, the approval of security of the infrastructure manager and railway undertakings safety certification.
The King determines the requirements applicable to staff security, rolling stock and railway infrastructure.
The King determines the rules relating to the investigations of accidents and incidents.
The King determines the requirements for the movement of vehicles to heritage character on the network.
§ 3. In the absence of TSI or in addition to the STI, railway infrastructure manager shall adopt the rules of safety operation of railway infrastructure. These rules and their amendments are subject to the assent of the safety authority, in a procedure determined by the King.
§ 4. The railway infrastructure manager and each railway undertaking should adopt, each in relation to the internal rules of safety in the context of their safety management system.
§
5. The King determines the terms of publication of the set of regulations referred to in §§ 1 to 3.
S. 69 § 1. After the adoption of the safety objectives common, the King and the rail infrastructure manager may adopt, in accordance with article 68, §§ 1 to 3, a new national security rule based on a higher security than the security objectives common or is likely to affect the activities of railway companies on the Belgian network, in compliance with the conditions laid down in the following paragraphs.
§ 2. The safety authority shall consult with railway undertakings and/or holders and/or the Manager of the rail infrastructure manufacturers, depending on the content of national safety rules referred to the § 1.

§ 3. The safety authority shall submit the draft of national security rule in the review of the European Commission, setting out the reasons for which it intends to introduce it.
If the Commission informed that it has real doubts as to the compatibility of draft rule national security with the common security methods or with the possibility of at least the goals of common security, or that she believes that he established an arbitrary discrimination between Member States or constitutes a disguised restriction on rail transport between operations the adoption, entry into force or application of the rule is suspended until the moment where the Commission adopts a decision or until the expiration of a period of six months from the notification.
§ 4. The safety authority shall notify the European Commission the national safety rules adopted or amended on the basis of article 68, §§ 1 to 3, unless those rules relate exclusively to the implementation of a TSI. The notification includes information on the main content of the rules with references to legislation, the form of the rules, and the instance that proceeded to their publication.
S. 70 § 1. In case of extreme emergency or hazard affecting the safety of the railway infrastructure or its use, the railway infrastructure manager takes emergency measures which may derogate from the rules of safety. It shall immediately and not later than the working day following the safety authority. These measures are applicable immediately.
The rail infrastructure manager shall notify these emergency immediately to all railway undertakings operating on the network. These measures shall apply for a period of three months, unless otherwise determined by the safety authority.
§ 2. Where the railway infrastructure manager finds that the material poses a risk to the safety of rail traffic, it takes the necessary measures, including prohibiting the movement.

§ 3. Where the railway infrastructure manager finds that security staff poses a risk to the safety of rail traffic, it takes the necessary measures, including the preventive suspension of security features.
The practical arrangements related to the preventive suspension of security features are determined by the King.
§ 4.
When the railway infrastructure manager shall take the measures referred to in articles 2 and 3, it shall inform immediately and no later than the following working day, the safety authority.

§ 5. To compile the findings referred to in §§ 2 and 3, the railway infrastructure manager may: 1 ° check the identity and documents attesting to the certification of security personnel;
2 ° check the condition of the rolling stock and may enter.
The King determines the legitimation card that is presented for these checks model.
§
6. The safety authority may, by a reasoned decision, require the operator of the railway infrastructure to cancel the effects of the measure taken in accordance with § 2 for the future or to modulate this measure, if it considers that it is not appropriate or is manifestly disproportionate.
S.
71. the King and, where appropriate the railway infrastructure manager, adapts the national safety rules adopted on the basis of article 68, §§ 1 3, CSOs and the MSC as their adoption.

CHAPTER 2. -Safety Section 1 authority. -Designation art. 72. the King, by a decree deliberated in the Council of Ministers, means the safety authority.
S. 73. § 1. In order to assume the tasks, responsibilities and obligations that are devolved to the safety authority by the provisions of the present rail Code of the statutory staff members of the SNCB Holding may be transferred on a voluntary basis to the safety authority in the manner established by a royal decree deliberated in the Council of Ministers.
These transfers are not new appointments. The members of staff concerned including retain their seniority administrative and pecuniary, their last reporting or evaluation and their title and rank, or are given a title and a grade equivalent.
The situation administrative and pecuniary as well as the pension scheme of the members of staff from the SNCB-Holding cannot be less favourable than that which would have been theirs if they had remained members of the staff of SNCB-Holding.
Financial situation, means everything that relates to remuneration in the broad sense, including treatment, holiday pay, allowances, benefits, premiums and benefits social of any kind.
At any time, notice of three months, each transferred staff member can ask to put an end to his transfer and then re-enter the framework of SNCB-Holding.
§ 2. By way of derogation to the § 1, branch of the safety authority has more no connection with SNCB-Holding and can no longer benefit from the rights and advantages to statutory staff members of the SNCB-Holding under paragraphs 1 to 4 of § 1.
The King determines, by Decree deliberated in the Council of Ministers, the contents of the "direction" of the safety authority concept provided for in this paragraph.
Section 2. -Tasks art. 74 § 1.
The tasks of the safety authority are the following: 1 ° the authorisation for placing in service of those structural subsystems constituting the rail system and checking that they are operated and maintained in accordance with the essential requirements;
2 ° the control of conformity of constituents of interoperability with the essential requirements;
3 ° the authorisation for placing in service of vehicles;
4 ° the issuance, renewal, amendment and withdrawal of certificates of security and the amenities of security granted in accordance with Chapter 4, including the verification of the conditions and requirements that are defined and the compliance of the activities of the Manager of the railway infrastructure and railway undertakings to the requirements for the approval or certificate;
5 ° the issuance of a notice in accordance with as the other national safety rules referred to in article 68, paragraph 3;
6 ° the control compliance with the security rules;
7 ° updating and adaptation of the national register of vehicles ensuring that vehicles are duly registered in the national vehicle register and that the safety-related information is accurate and kept up to date;
8 ° the verification of the conformity of the provision of training services to the safety requirements laid down in TSIs or the rules adopted by the King;
9 ° the tasks related to the certification of train drivers covered by the rules adopted in accordance with article 68, § 1, 3 °;
10 ° the tasks related to the certification of train drivers referred to in title 5.
11 ° the certification of train attendants;
12 ° the verification of the efficiency of the railway rolling stock braking system as laid down in chapter II of the royal decree of 15 September 1976 on the regulations of the people by tram, premetro and metro, bus and coach transport police;
13 ° the imposition of administrative fines;
14 ° the audit, promotion and, where applicable, the correct application and the development of the regulatory framework for security, including the system of national safety rules and the rules on the transport of dangerous goods by rail;
15 ° the correct application of the provisions relating to the conditions of use of mobile workers engaged in interoperable cross-border services in the railway sector.
§ 2. Possession of the quality of members of the staff of the safety authority, is brought to the knowledge of third parties by a legitimation card which the King fixed the template.
S. 75. the safety authority may, in the performance of its tasks referred to in article 74, take all necessary measures, including the prohibition for equipment or personnel to travel and can conduct inspections and investigations necessary for the performance of its tasks.
S. 76. § 1. The safety authority may impose an administrative fine on an undertaking rail, Manager of the railway infrastructure and to the holder, infringements referred to in articles 214 and 215.
§ 2. A member of the staff referred to in article 213, § 1, shall prepare a report for offences referred to in articles 214 and 215.
The report is dated and shall contain at least: 1 ° the name of the alleged offender;
2 ° the offence;
3 ° the place, the date and time of the finding of the infringement.
The report is immediately transmitted to the direction of the safety authority.
A copy of the report is sent to the alleged offender at the latest when the notification of the intention to impose an administrative fine.
§ 3. The Directorate shall inform the alleged offender within fifteen days of the date of the report of the intention to impose an administrative fine. The branch may extend this period if it considers it necessary for the exercise of missions and powers of the safety authority. In addition, the direction may extend this deadline if she grants a period the end alleged to offender for the offence.
The notification is done by registered post or in the manner determined by the King, and mentions under penalty of nullity the sum envisaged by the administrative fine, and the name of the alleged offender.
This notification may relate to facts which allegedly committed less than five years before the registered letter is sent.
§ 4. The alleged offender is invited to submit its defence in writing within a period of 30 days following the notification of that opinion. If the alleged offender has no registered in Belgium, this period is extended by 15 days.
The alleged offender shall also be informed: 1 ° may, on application, refer to the documents which are the basis of the intention to impose an administrative fine and obtain copies.
2 ° it can comment orally on his written defence. To this end, the alleged offender introduced a written request to the safety authority within thirty days of the receipt of the notification.
The alleged offender may be assisted or represented by a lawyer, and may call witnesses.
If the alleged offender feels that it lacks of enough time for its defence, it may address a reasoned request to the safety authority, which decides on the subject within fifteen days.
If the safety authority statue not matter within 45 days, the application is deemed accepted. The period referred to in § 6 shall be suspended for the duration of the extension of the time limit referred to in this paragraph.
The safety authority proves fair and impartial during the collection and communication of the evidence and evidence to discharge.
§ 5. When an administrative fine is imposed, the amount of the fine is adapted to the gravity of the offence and the extent to which it can be attributed to the offender. In addition, account shall be taken of the frequency of the offence and the circumstances in which the alleged offender has committed the offence.
If at the time of the taking of the decision to impose an administrative fine, the facts are no longer an offence within the meaning of articles 214 and 215, the administrative penalty will not be imposed.
The first two paragraphs of this subsection shall apply in the case of the remedies referred to in article 221/3.
§ 6. The right of the safety authority to impose an administrative fine turns off two years after the sending of the notification authority of security referred to in § 3.
S. 77. the safety authority shall fulfil its tasks in an open, non-discriminatory and transparent manner. In particular, it allows all parties to be heard and shall state the reasons for its decisions.
It responds quickly to queries and requests for information and shall adopt all its decisions within four months after all requested information has been provided. The King may in special cases reduce this delay.
The tasks referred to in article 74 may not be transferred or assigned to a manager of the railway infrastructure, a railway undertaking or a procuring entity.
In the performance of the tasks referred to in article 74, 1 ° to 8 °, 14 ° and 15 °, it may at any time require the technical assistance of the Manager of the railway infrastructure, railway undertakings or other qualified bodies chosen by the safety authority.
When it is necessary in the context of the tasks referred to in article 74, 1 °, 2 °, 4 °, 6 ° and 14 ° members of the safety authority or the persons authorised by it, load the railway infrastructure manager to take appropriate measures to ensure the safety of railway traffic on the basis of operations to achieve. These

measures may include the prohibition of rail traffic to one or more ports.
The safety authority and infrastructure manager concluded a protocol to the measures referred to in paragraph 5.
The safety authority cooperates with the security of the other Member States authorities. The cooperation aims in particular at facilitating and coordinating the safety certification of railway undertakings who have obtained the international train paths in accordance with the procedure laid down in article 34.
Section 3. – Report annual s. 78. each year, the safety authority publishes a report on its activities for the previous year and forward it to the Agency no later than September 30. The report contains information on: a) the evolution of railway safety, including an inventory of the common safety indicators defined in annex 4;
(b) important changes in legislation and regulations railway safety;
(c) the evolution of certification and approval safety;
(d) the results of controls carried out with the Manager of the railway infrastructure and railway undertakings and teachings that learned, notably on the basis of the reports referred to in article 93;
e) the derogations that have been decided in accordance with article 109;
(f) the application of the security methods common to the analysis and evaluation of risks).
The King may determine a model report that the railway infrastructure manager and railway undertakings should use and provide additional content items.
Section 4. -Compensation benefits art. 79 § 1. The applicant for the authorization referred to in article 74, 1 ° and 3 ° is liable, as participation in the review of the safety authority fees, a fee related to the cost of the review.
The fee referred to in paragraph 1, for the service requested for the safety authority, is calculated per half-day has begun.
The compensation for half a day amounts to 375 euros and is indexed.
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2. The applicant for the authorization referred to in article 74, 1 ° or 3 ° is liable, as participation in the administrative costs of the safety authority, a fee indexed to the granting of this permission.
The fee referred to in paragraph 1 shall be EUR 750.

§ 3. In the event of non-payment of the fees referred to in §§ 1 and 2, the authorization is withdrawn after formal notice.
S. 80 § 1.
The railway infrastructure manager and railway undertakings are liable, as participation in the administrative costs of the authority of safety, for certification laid down in article 74, 9 ° and 11 ° per Member of staff who has a license on the date of January 1 of the current year, of an indexed annual fee.
The fee referred to in paragraph 1 shall be EUR 20.
In the event of non-payment of the fee referred to in paragraph 1, the Member of staff concerned licence is no longer valid.
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2. The applicant is liable to pay, as participation in the administrative costs of the safety authority, the tasks referred to in article 142, § 1, 1 °, an indexed fee.
The fee referred to in paragraph 1 shall be 100 euros for the initial issuance, including updating and modification of the licence.
The fee referred to in paragraph 1 shall be 100 euros for the renewal, including updating and modification of the licence.
The fee referred to in paragraph 1 shall be EUR 40 for the issuance of duplicates.
§ 3. Persons or bodies, referred to in article 142, § 1, 4 °, shall be liable, as a contribution to the costs of the examination of the file by the safety authority, an indexed fee.
The fee referred to in paragraph 1 is set at 2,000 euros for railway undertakings that form their own staff.
The fee referred to in paragraph 1 is set at 2,500 euros for railway companies that train their staff and third parties.
The fee referred to in paragraph 1 is set at 2,500 euros for other businesses or organizations.
The fee referred to in paragraph 1 is set at 50 euros for the initial issuance, including the update for recognition as examiner by the safety authority, with the exception of reviewers recognized by training centres.
§ 4. Persons or bodies, referred to in article 142, § 1, 9 °, shall be liable, as a contribution to the costs of the examination of the file by the safety authority, an indexed fee.
The fee referred to in paragraph 1 is set to 2,000 euros for a person and 2,500 euros for an organization.
S. 81 § 1. The holder of a vehicle contained in the national register of vehicles at the date of 1 January of the current year is liable to pay, as participation in the costs of the safety authority, of an annual fee indexed for this vehicle.
The fee referred to in paragraph 1 is fixed at 2 euros.

§ 2. In the event of non-payment of royalties, the vehicle is removed from the register.
Charges are not refunded when the withdrawal of the registration or discontinuation of the use of the equipment.
S.
82. the applicant for an audit of the effectiveness of the braking system of rail rolling as provided for in chapter II of the royal decree of September 15, 1976 on the regulation on the police of persons by tram, premetro and metro, bus and coach transport, such as participation in the costs of the control of the safety authority, owes to an indexed fee.
The fee referred to in paragraph 1 is set at 280 euros.
S. 83. § 1.
The applicant of a control referred to in article 107, paragraph 2, is liable to pay, as a contribution to the costs of the control of the safety authority, of an indexed fee.
The fee referred to in paragraph 1 is set at 2,000 euros.
§ 2. Compliance with the requirements referred to article 107, paragraph 2, is mentioned in the safety approval for the railway infrastructure manager or the railway undertaking as soon as safety certificate the payment of the fee referred to the § 1 is carried out.
S. 84 § 1.
Each year on 1 January, the fees referred to in articles 79-83 inclusive are adapted to the health index according to the following formula: the amount of base laid down in these articles, multiplied by the new index and divided by the starting index.
The new index is the health of the month of November of the year preceding the year in which the amounts will be adapted in accordance with paragraph 1.
The starting index is the health of November 2009.
The result is rounded to the higher euro if the fractional part is greater than or equal to fifty cents. It is in the lower euro if this part is less than fifty cents.
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2. The fees referred to in articles 79 to 83 included are paid to the federal public Service mobility and transport, no later than thirty days after the date of the invitation to pay and by following the instructions contained in this invitation.
§ 3. In the case of the fee referred to in article 80, § 3, the time limit referred to in article 77, paragraph 2, begins to run from the date of receipt of payment and as long as the folder is full.
S. 85 § 1. It is due by the applicant of a security certificate, part A or part B, in respect of participation in the costs of the examination of the file by the safety authority, an indexed fee.
The fee referred to in paragraph 1 is set at 5,000 euros for the applicant for a certificate of security part.
The fee referred to in paragraph 1 is set at 2,000 euros to the applicant for a certificate of security part B which realizes, on annual basis, less than 200 million passenger-kilometres.
The fee referred to in paragraph 1 is set to 10,000 euros to the applicant for a certificate of security part B which realizes, on annual basis, 200 million passenger-kilometres or more.
The fee referred to in paragraph 1 is set at 2,000 euros to the applicant for a certificate of security part B which realizes, on annual basis, less than 500 million tonne-kilometres of freight transport.
The fee referred to in paragraph 1 is set to 10,000 euros to the applicant for a certificate of security part B which realizes, on annual basis, 500 million tonne-kilometres or more freight.
For the applicant for a certificate of safety part B which carries both passengers and goods, the amounts of application on basis of paragraphs 3 to 6 are added.
§ 2. It is due by the applicant for a safety authorisation, in respect of participation in the costs of the examination of the file by the safety authority, an indexed fee.
The fee referred to in paragraph 1 shall be EUR 25,000.
§ 3. The amount of the fees referred to in §§ 1 and 2 is linked to the health of November 2009 index. For subsequent years, the total amount is adapted each year based on the health index of November of the year preceding the year in question.
The royalties are paid to the federal public Service mobility and transport, no later than thirty days after the date of the invoice and by following the instructions contained in this invoice.
Fees will not be refunded in the event of withdrawal of A party security certificate, certificate of security part B or the approval of security, or termination of the exercise of the activities covered by these certificates or such approval.
S. 86 § 1. It is due by the holder of a safety authorisation and holders of a certificate of security part

(B) that use the network, in respect of participation in the costs of inspection, the safety authority, the safety of rail transport and the development of the regulation, an annual fee.
The King sets the amount by Decree deliberated in the Council of Ministers.
Per quarter, a quarter of the annual amount is due.
The fee is split between the holder of a security approval and holders of a certificate of security part B.
The part of the holder of a safety authorisation amounts to thirty percent of the total amount.
The part of the holders of a certificate of security part B amounts to seventy percent of the total amount. This part is divided between the holders in proportion to the number of train-kilometres that they were delivered during the quarter closed three months before the quarter concerned by the fee. The train-kilometres, provided by each holder of a certificate of security part B, are communicated by the holder of the approval of security to the federal public Service mobility and transport immediately after the close of each quarter.

§ 2. In the event of non-payment, the approval of security or the security certificate may be suspended.
S.
87 § 1. It is caused by the holder of a safety authorisation and holders of a certificate of security part B that use the network, in respect of participation in the cost recovery of the body of inquiry for accident investigations and the general level of security, an annual fee.
§ 2. The King sets the amount by Decree deliberated in the Council of Ministers.
Per quarter, a quarter of the annual amount is due.
§ 3. The fee is split between the holder of a security approval and holders of a certificate of security part B.
The part of the holder of a safety authorisation amounts to thirty percent of the total amount.
The part of the holders of a certificate of security part B amounts to seventy percent of the total amount.
The part of the holders of a certificate of security part B is distributed among holders in proportion to the number of train-kilometres that they were delivered during the quarter closed three months before the quarter concerned by the fee. The train-kilometres, provided by each holder of a certificate of security part B, are communicated by the holder of the approval of security to the federal public Service mobility and transport immediately after the close of each quarter.
§ 4. In the event of non-payment, the approval of security or the security certificate may be suspended.
S.
88 § 1. The holder of the approval of safety and a safety part B certificate holders pay the fees referred to in articles 86 and 87 to the federal public Service mobility and transport at the beginning of the quarter, no later than thirty days after the date of the invoice and by following the instructions contained in this invoice.
§ 2. In the event of non-payment, the approval of security or the security certificate may be suspended.
CHAPTER 3. -S. safety management systems 89. the railway infrastructure manager and railway undertakings shall establish their safety management system in respect of common safety objectives, safety rules referred to in article 68, and safety requirements defined in the TSI and the relevant parts of the common safety methods.
S. 90. the safety management system complies with the safety rules referred to in article 68 and the security requirements defined in the TSIs and contains the elements defined in annex 5, adapted according to the nature, importance, and other characteristics of the activity concerned. It guarantees all risks created by the activities of the Manager of the rail infrastructure or the railway undertaking, including the supply of maintenance and material and the use of contractors. Without prejudice to the national and international liability legislation, safety management system also takes into account, as appropriate and within the limits of the reasonable, risks resulting from activities of others art. 91. the system of the safety management of railway infrastructure manager takes into account the effects of the activities of the different railway undertakings on the network and includes provisions that allow all railway undertakings to operate in accordance with the TSIs, to the safety rules and conditions laid down in their safety certificate. In addition, it is designed with the aim of coordinating the emergency procedures of the Manager of the rail infrastructure with all railway undertakings that use its infrastructure.
S. 92. each year, before 30 June, railway infrastructure manager and railway undertakings shall submit to the safety authority a report on security concerning the previous calendar year.
The security report: a) information on the way in which the railway infrastructure manager or the railway undertaking carries out its own security objectives and the results of safety plans;
(b)) the development of indicators for national security and the common safety indicators defined in annex 4, insofar as it is relevant to the reporting organisation;
(c) the results of internal safety audits;
(d) observations on deficiencies and malfunctions of railway operations and infrastructure management that may be relevant for the safety authority.
The King may determine a model report that the railway infrastructure manager and railway undertakings should use and provide additional content items.
S. 93 § 1. In a severe crash, railway infrastructure manager shall inform the investigative body, the Minister, the safety authority and the judicial authorities.
In addition, the Manager of the rail infrastructure, the railway undertaking and, where appropriate, the safety authority immediately transmit the information of the occurrence of an event described in annex 7 to the investigative body.
The terms of the communication to the investigating authority of the information referred to in paragraphs 1 and 2 are determined by the latter and published.

§ 2. Railway infrastructure manager sends each day to the investigative body, according to the rules laid down by the latter, the brief relationship of all events which, prima facie, constitute one or accidents and incidents concerning or affecting the safety of the operation, which occurred on the rail network during the last 24 hours.
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3. Every accident and incident of exploitation or affecting it is classified according to the criteria determined by the King and made the subject of a report which a copy is sent by the Manager of the rail infrastructure or, where appropriate, the railway undertaking within three working days to the investigative body, according to the rules laid down by the latter. Corrections, revisions, and/or additional information not available in the three days shall be provided to the investigating authority, according to the rules laid down by the latter, as soon as they become available.
The railway infrastructure manager and the railway undertaking comply with the criteria established by the King during the preparation of their report.
§ 4. The rail infrastructure manager and/or, where applicable, the railway undertaking shall forward to the investigative body, as soon as possible and, insofar as possible, no later than 10 months after the date of occurrence of the event, their investigative report complete on the events described in annex 7 for which the investigating agency has opened an investigation. Railway infrastructure manager and/or, where applicable, the railway undertaking shall transmit reports of investigation relating to other events at the request of the investigative body.
§ 5. Each year, before June 30, railway infrastructure manager and railway undertakings shall submit to the investigative body and the safety authority an annual safety report concerning the preceding calendar year. The security report: a) information on the way in which the railway infrastructure manager or the railway undertaking carries out its own security objectives and the results of safety plans;
(b)) the development of indicators for national security and the common safety indicators defined in annex I, insofar as it is relevant to the reporting organisation;
(c) the results of internal safety audits;
(d) observations on deficiencies and malfunctions of railway operations and infrastructure management that may be relevant for the safety authority.
The King may determine a model report that the railway infrastructure manager and railway undertakings should use and provide additional content items.
S. 94. without prejudice to the liability established in accordance with the legal requirements, the railway infrastructure manager and each railway undertaking is made responsible for its part of the rail system and the safe operation, including supply of equipment and the subcontracting of services to users, customers, the workers concerned and third parties.
These provisions shall not affect

not the responsibility of each manufacturer, each provider of maintenance services, each shareholder, each service provider and of each entity acquiring deliver rolling, facilities, accessories and equipment as well as services that meet the requirements and conditions of use prescribed, so that they can be operated safely by railway undertakings and/or the Manager of the rail infrastructure.
CHAPTER 4. -Approval and certificate of Security Section 1st. -Safety of the railway infrastructure Article Manager approval 95 § 1. In order to manage and operate the railway infrastructure, railway infrastructure manager must have a safety approval by the safety authority.
§ 2. The approval of security includes: a) confirmation that the system of the safety management of the Manager of the rail infrastructure, as described in article 91 and in annex 5, is accepted;
(b)) the confirmation of the acceptance of the provisions taken by the Manager of the rail infrastructure to meet specific requirements to ensure the safety of the railway infrastructure at levels of the design, maintenance and operation, including, where appropriate, maintenance and the operation of the signalling and traffic control system.
S. 96. the safety approval is valid for five years and is renewable at the request of the Manager of the rail infrastructure. It is put updated in whole or in part to each substantial change in the infrastructure, signalling, energy supply or principles for its operation and maintenance.
The holder of the safety authorisation shall inform without delay the safety of any changes to such authority.
The safety authority may require the revision of the safety approval in the event of substantial modification of the rules referred to in article 68, §§ 1 and 2.
If a rail infrastructure manager authorized no longer fulfils the conditions required for obtaining the approval of safety, the approval may be withdrawn.
S. 97. the safety authority shall notify to the Agency, within a period of one month, the issuance, renewal, modification or withdrawal of the accreditation of security. The notification mentions the name and address of the railway infrastructure manager, date of issue, the application domain and the validity of approvals of security, and in the event of withdrawal, the reasons for its decision.
S. 98. the King sets, by a decree deliberated in the Council of Ministers, the terms of application, issuance, update, extension or withdrawal of approval of security.
Section 2. -Certificate of security of railway undertakings art. 99 § 1. To gain access to railway infrastructure, a railway undertaking must particularly have a security certificate, in accordance with this section. The security certificate demonstrates that the railway undertaking has established its safety management system and is able to meet the requirements defined in the TSIs, in other relevant provisions of European law as well as in the rules of security, in order to control risks and to use the network safely. The security certificate may cover the whole of the Belgian rail network or only a specified part of it.
§ 2. The security certificate consists of two parts: a) certification confirming acceptance of the railway undertaking security management system;
(b) certification confirming acceptance of the measures taken by the railway undertaking to meet specific requirements necessary for the provision of its services on the network concerned safely.
Requirements may cover the implementation of the TSIs and safety rules, including the rules of operation of the network, acceptance of documents certification of personnel, including licenses and certificates of train drivers, and permission to service the vehicles used by the railway companies.
S. 100. the certification granted to the railway undertaking established in Belgium by the safety authority, in accordance with article 99, § 2, has) specifies the type and scope of the railway operations covered. The certification granted in accordance with article 99, § 2, a) is valid throughout the European Union for equivalent rail transport operations.
S. 101. the railway undertaking established in Belgium or in another country of the European Union which plans to operate rail transport on the Belgian network services must receive security authority the necessary additional national certification referred to in article 99, § 2, b).
Granted certification pursuant to article 99, § 2, b) says the lines of the network on which it is valid.
S. 102. the security certificate is valid for three years and can be renewed. It is being updated in whole or in part to each substantial modification of the type or scope of activities.
The holder of the safety certificate shall inform without delay the safety authority of all important changes to the conditions of the relevant part of the safety certificate. It further informs the safety authority's commitment to new categories of staff or the acquisition of new types of rolling stock.
The safety authority may require the revision of the relevant part of the security in the event of substantial modification certificate rules referred to in article 68, §§ 1 to 3.
(If the holder of a security certificate no longer fulfils the required conditions, the part a) and/or (b)) of the certificate is withdrawn. En_cas_de withdrawal of the part b), security authority that has issued the part) of the certificate must be immediately informed.
When it appears that the holder of the security certificate that hold not really intended in the year following its issuance, the certificate is removed.
S. 103. the King fixed by a decree deliberated in the Council of Ministers the terms of application, examination, issuance, renewal and withdrawal of the security certificate.
S.
104. the safety authority shall notify the Agency, in a period of one month, the issuance, renewal, modification or removal of the safety certificates referred to in article 99. The notification mentions the name and address of the railway undertakings, the date of issue, the application domain and the validity of the security certificate and, in the event of withdrawal, the reasons for the decision.
CHAPTER 5. -Maintenance of vehicles art. 105. each vehicle, until it is put into service or used on the network, is assigned by the holder an entity responsible for maintenance. This entity is registered in the RNV.
The entity responsible for maintenance can be, among others, a railway undertaking, an infrastructure manager or holder.
S. 106. regardless of the liability of railway undertakings and the Manager of the rail infrastructure for the operation of a train safely laid down in article 94, the entity maintenance Eve, by means of a maintenance system that vehicles which it maintains are in a State of market security.
To this end, the entity responsible for maintenance shall ensure that vehicles are maintained in accordance with: 1 ° to each vehicle's maintenance book and;
2 ° to the requirements in force including maintenance rules and the provisions of the TSI.
The entity responsible for maintenance performs the maintenance itself or the subcontracts.
S.
107. when it comes to freight wagons, each entity responsible for maintenance shall be certified by a body accredited in accordance with the procedure laid down by the royal decree of January 31, 2006 creating the BELAC accreditation bodies of the conformity assessment system.
By way of derogation from paragraph 1, when the entity responsible for maintenance is a railway undertaking or a manager of the rail infrastructure, compliance with the requirements enshrined by the Regulation (EU) No. 445/2011 Commission on May 10, 2011 for a system of certification of entities in charge of maintenance of freight cars and amending Regulation (EC) no 653/2007 is controlled by the safety authority in accordance with the procedures referred to in Title 4 Chapter 4. Compliance with these requirements is confirmed in the context of the safety authorisation for the Manager of the rail infrastructure and in the context of the security certificate for the railway undertaking.
S. 108. the certificates issued by the other Member States in accordance with Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on the safety of Community railways and amending Council Directive 95/18/EC of the Council on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity the rail infrastructure charging and certification (railway safety directive) security are valid on Belgian territory.
S. 109 the King can stop the obligations of identification and certification of the entity responsible for maintenance will be carried out by alternative measures, in the following cases: 1 ° vehicles registered in a third country and maintained in accordance with the legislation of that country;

2 ° vehicles used on networks or lines of the railway track gauge is different from that of the main rail network within the Union and for which compliance with the requirements referred to in article 106, paragraph 1, 2 °, is provided by international agreements with third countries;
3 ° vehicles referred to in article 2 as well as special transport or military equipment requiring the issuance of a permit ad hoc by the national authority of security before commissioning. In this case, the derogations are granted for a maximum period of five years.
These other requirements are implemented through derogations by the safety authority: 1 ° during the registration of vehicles with regard to the identification of the entity responsible for maintenance;
2 ° when issuing the approval and the safety certificates to railway undertakings and the infrastructure managers, in relation to identification or certification of the entity responsible for maintenance.
The derogations referred to in paragraph 2 are identified and justified in the annual report on the security referred to in article 78.
CHAPTER 6. -Investigations of accidents and incidents rail Section 1st. -Designation of an investigative body art. 110. the King shall by order deliberated in the Council of Ministers the investigative body.
The investigative body includes at least one investigator able to perform the function of investigator-in case of accident, serious accident or incident. It is also functionally independent of the safety authority, of any regulator of railways or of any other authority whose interests could conflict with the fact-finding mission.
Members of the investigative agency are subject to professional confidentiality with regard to information obtained in the performance of their duties referred to in section 2; any breach of professional secrecy is punished with the penalties provided in article 458 of the penal Code.
The King determines by order deliberated in the Council of Ministers the composition of the investigative body and the implementing missions that are entrusted to it.
Section 2. -Tasks art.
111 § 1. Investigative agency: 1 ° is conducting a survey after each serious accident on the rail system.
2 ° in addition to serious accidents, may carry out investigations on accidents and incidents which under slightly different circumstances, could lead to serious accidents, including technical failures at the level of the structural subsystems or high-speed rail or conventional system interoperability constituents.
If so, it takes into account the criteria determined by the King;
3 ° can analyze every accident and incident of exploitation or affecting the non-subject to the paragraph 1, according to the criteria and procedures laid down by the King;
4 ° establishes and maintains a database of all accidents and incidents of exploitation to which the safety authority has access;
5 ° imposes administrative fines.
§ 2. The King determines the model of legitimation card that is presented during the realization of the tasks in the § 1.
S.
112 § 1. The investigative body may impose an administrative fine of a railway company and the Manager of the rail infrastructure in the event of infringement referred to in article 214, paragraph 1, 30 °.
§ 2. When the investigating authority wishes to make use of the competence referred to the § 1, the investigator prepares a report.
The report is dated and shall contain at least: 1 ° the name of the alleged offender;
2 ° the offence.
A copy of the report is sent to the alleged offender at the latest when the notification of the intention to impose an administrative fine.
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3. The principal investigator shall inform the alleged offender within five days of the date of the report of the intention to impose an administrative fine.
The chief investigator may extend this time if he allows, within the end alleged to offender for the offence.
The notification is done by registered post or in the manner determined by the King, and mentions under penalty of nullity the proposed amount of the administrative fine and the name of the alleged offender this notification may relate to facts which have been committed within one year before the registered letter is sent.

§ 4. The alleged offender is invited to submit its defence in writing within a period of fifteen days following the notification of that opinion. If the alleged offender has no registered in Belgium, this is extended by five days.
The alleged offender shall also be informed: 1 ° may, on application, refer to the documents which are the basis of the intention to impose an administrative fine and obtain copies.
2 ° it can comment orally on his written defence.
To this end, the alleged offender introduced a written request to the Chief Investigator within ten days of the receipt of the notification.
The alleged offender may be assisted or represented by a lawyer, and may call witnesses.
If the alleged offender feels that it lacks of sufficient time for its defence, it may submit a reasoned application to the principal investigator, which decides on the subject within five days. If the principal investigator statue not matter within thirty days, the application is deemed accepted. The period referred to in § 6 shall be suspended for the duration of the extension of the time limit referred to in this paragraph.
§ 5.
The Chief Investigator proves loyal and impartial during the collection and communication of the evidence and evidence to discharge.
§ 6. When an administrative fine is imposed, the amount of the fine is adapted to the gravity of the offence and the extent to which it can be attributed to the offender. In addition, account shall be taken of the frequency of the offence and the circumstances in which the alleged offender has committed the offence.
If at the time of the taking of the decision to impose an administrative fine, the facts are no longer an offence within the meaning of articles 214 and 215, the administrative penalty will not be imposed.
The first two subparagraphs of this paragraph shall apply in the case of the remedies referred to in article 221/3.

§ 7. The right of the investigating authority to impose an administrative fine turns off two years after the dispatch of the notification referred to in § 3 investigative body.
Section 3. -Powers art. 113. without prejudice to the competences of police services and judicial authorities and, where appropriate, in cooperation with the judicial authorities, the investigative body has as soon as possible: has) access to the site of the accident or incident as well as to the rolling stock involved, the infrastructure concerned and facilities of signalling and traffic management;
b) the right to immediately obtain a list of evidence and ensure the removal controlled wrecks, installations or components for examination or analysis purposes;
(c) access to the contents of the recorders of verbal messages, the content of the records of on-board equipment and registration of the operation of the signalling and traffic control system, as well as the possibility to use it;
(d) access to the results of examination of the bodies of the victims;
(e) access to the results of examination of shipboard personnel and other members of the railway staff involved in the accident or incident;
(f) the opportunity to question the railway staff involved and other witnesses and the right to obtain a copy statements of these people make in other forums;
(g) access to any information or relevant documents held by SNCB-Holding, the railway infrastructure manager, the railway undertakings involved and the safety authority.
S. 114. the investigative body proceeds with the other Member States of the European Union investigative bodies to an exchange of views and experience for the development of methods for joint investigation and common principles for the follow-up of recommendations on security and adaptation to scientific and technical progress.
Section 4. -Investigation art. 115. when an accident or incident occurred near the Belgium border facility or when it is not possible to determine in which Member State of the European Union the accident or incident has occurred, and that this could be in Belgium, the investigative agency liaises with counterparts to determine the body which will carry out the investigation or agree to do it in cooperation. When the Belgian investigative body is designated, it leaves other relevant organizations participate in the investigation and have access to all the results thereof.
Investigation of another European Union Member State agencies are invited to participate in an investigation whenever a railway undertaking established and licensed by that Member State is involved in the accident or incident.
S. 116. the survey is conducted so as to allow all parties to be heard and, when necessary, by putting the results together with other investigative agencies. The Manager of railway infrastructure, railway undertakings, the safety authority, victims and their relatives, owners of damaged property, manufacturers, the emergency services and representatives of the personnel involved in the accident, the accident or incident and the users are informed at regular intervals of the investigation and its progress and, in

the extent possible, have the opportunity to give their opinion in the survey and comment on the information contained in the draft reports. The elements of the possible information and ongoing judicial investigation may however be disclosed without the permission of the judicial authorities.
When it appears from the evidence gathered by the investigative body that the cause of the accident or incident referred to in article 111 is an offence, the investigating authority notify immediately police services and judicial authorities.
S. 117. for each accident or incident referred to in article 111, the body responsible for the investigation takes the necessary arrangements.
He particularly appealed to the operational and technical skills necessary to conduct the investigation.
These skills can be solicited in the organization or outside of it, depending on the nature of the accident or incident to investigate.
S. 118. the investigative body finds its reviews on the site of the accident as soon as possible in order to allow the Manager of the rail infrastructure in State infrastructure and open it to rail transport services as soon as possible.
S. 119. the survey is conducted independently of any information and judicial investigation and cannot in any way be aimed at determination of fault or liability. The judicial authorities shall endeavour to permit the investigating authority to perform its tasks.
Section 5. -Conclusions and reports article
120. every investigation into an accident or incident referred to in article 111 is the subject of a report in a form appropriate to the type and seriousness of the accident or incident as well as to the importance of the results of the investigation and whose content is determined in annex 6. This report indicates the purpose of the survey and contains, if necessary, of the safety recommendations.
The investigative agency publishes the final report as soon as possible and normally not later than twelve months after the date of the event. The structure of the report is as close as possible to the structure defined in annex 6. The report, including the safety recommendations, shall be communicated to the parties concerned referred to in article 116, as well as to the parties and interested organizations in other States members of the Union European.
S. 121. each year, the investigative body establishes, on 30 September at the latest, an annual report which makes account investigations carried out the previous year, the safety that have been made recommendations and the measures that have been taken following recommendations previously.
S. 122 § 1.
The safety recommendations made by the investigative body are addressed to the safety authority and, if this is necessary due to the nature of the recommendation, other Belgian authorities or other Member States. They constitute only a presumption of fault or responsibility.
§ 2. The authority of security and other authorities or bodies to which recommendations have been made, shall report at least once per annum, 30 June no later than the Agency investigation on measures that are taken or planned as a result of these recommendations.
Section 6. -Consultation European art. 123. within a period of one week after its decision to initiate an investigation, the investigating authority shall inform the Agency. The notification shall indicate the date, time and place of the accident or incident, as well as its type and its consequences in terms of human losses, people injured and property damage.
S. 124. the investigative body passes to the Agency a copy of the final report referred to in article 120 and the annual report referred to in article 121.
TITLE 5. -Certification of train drivers and other staff of edge ensuring critical tasks for the Security Chapter 1. -Certification of train Section 1st drivers. -European model of certification article 125. any train driver must have the ability and the necessary qualifications to ensure the conduct of trains and be the holder of a licence and one or more certificates.
Certificates may be contained in a single document.
Section 2. -Train s. driver licence 126. the licence belongs to its holder and shall be issued by the security authority.
The licence is valid throughout the territory of the European Union.
Each train driver's license indicates the identity of the driver of train, the issuing authority as well as the duration of its validity, which is ten years from its date of issue, subject to article 129.
S. 127. a train driver's licence may be issued to a person under 20 years of age.
By way of derogation from paragraph 1, the train driver's licence may be issued to a person under 18 years of age but the validity of such a licence is limited to the Belgian territory.
Train driver candidate has successfully completed at least nine years of primary and secondary education and has completed basic training equivalent to level 3 as referred to in annex 2 of the recommendation of the European Parliament and of the Council of 23 April 2008 laying down the European qualifications framework for education and lifelong learning.
The trainee driver of train demonstrates his physical fitness by passing a medical examination. The King determines the criteria for recognition of persons or bodies responsible for the medical examination and the terms of this medical examination. These terms and conditions at least meet the criteria defined in annex 8, 1.1, 1.2, 1.3 and 2.1.
The trainee driver of train demonstrates his psychological ability professionally by passing a psychological examination on the professional level. The King determines the criteria for recognition of persons or bodies responsible for the psychological examination on the professional level and modalities of this review. These terms and conditions at least meet the criteria defined in annex 8, 2.2.
The King determines rules for the request and the issue of recognition of persons or bodies responsible for the tests referred to in paragraphs 4 and 5 of this article and the rules for the renewal, adaptation, withdrawal or suspension of the recognition.
Train driver candidate demonstrates his general professional knowledge by passing an examination. The King determines the modalities of this review which focuses on general subjects described in annex 10. The King determines the General professional knowledge.
S. 128. any train driver's licence application is submitted to the safety authority by the trainee train driver or an entity acting in the name and on behalf of the trainee driver train.
The safety authority licensing driver of train as quickly as possible and no later than one month after receiving all the necessary documents.
A train driver's licence is issued in a single copy and it is forbidden to duplicate. Only the safety authority is authorized to duplicate a license of train driver in response to a request for duplicate.
The King determines the procedure to be followed for the issuance of a new train driver's licence, the update of the data contained on the train driver's licence, the extension, renewal or obtaining a duplicate.
S. 129. so that a train driver's licence remains valid, the holder following continuous training referred to in annex 5, 2.1. (e) and shall submit to examinations and/or periodic checks on the requirements set out in article 127, paragraph 4, every three years at least until the age of 55 years, then annually, in accordance with Annex 8, 3.1. It submits also to examinations and/or establishing controls on the requirements set out in article 127, paragraph 5, every ten years, in accordance with Annex 8, 3.3. The King may determine the procedure to follow for these examinations and/or periodic inspections.
It can also increase the frequency.
These examinations and/or controls as well as examinations, referred to in article 127, paragraphs 4 and 5, shall be undertaken by or under the supervision of a person or an organisation recognised by the authority in accordance with article 142, 9 °.
When a train driver's licence is renewed, the safety authority checks in the register provided for in article 132 § 1, 1 °, the driver is subject to examinations and/or controls referred to in paragraph 1 and that it has completed the training referred to in paragraph 1.
If the person concerned lacks a periodic audit or obtained a negative result, the procedure laid down in article 141 applies.
S. 130 when a train driver ceases to work for a railway undertaking or Manager, railway infrastructure, it or he shall inform without delay the safety authority.
The train remains valid driver licence also long that it satisfies the tests and/or checks provided for in article 129, paragraph 1.
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131. the train driver's licence is, be suspended, or withdrawn in the cases referred to in article 141, § 1, and in article 221, § 4, 1 ° and 2 °.
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132 § 1. The safety authority: 1 ° shall keep a register of all licences issued driving, updates, renewed, extended, amended, expired, suspended, withdrawn or reported lost, stolen or destroyed. The register shall contain the data of each

driver of train, which must be accessed through the national number allotted to each driver's licence. It is updated regularly.
2 ° provides, on reasoned request, information on the status of such licences to the competent authorities of the other Member States, the agency or any employer of drivers of train, including, for the purposes of section 147, the previous employer of the train driver.
§ 2. Each train driver has access to the data that is stored in the registry by the safety authority and it gets copy upon request.
§ 3. The safety authority shall cooperate with the Agency to ensure the interoperability of the register under in the § 1.
§ 4. The safety authority shall ensure that the register established by virtue of § 1 be used exclusively for the following purposes: 1 ° the holding of the elements of fact and of law on issuance, update, renewal, extension, modification, expiration, suspension, withdrawal, loss, theft and destruction of all train driver's licenses;
2 ° the holding of personal data identified by the King, which are necessary to achieve the objective referred to in 1 °.
When the safety authority intervenes in accordance with the provisions of this section, all the provisions of the Act of 8 December 1992 relative to the protection of privacy with regard to processing of personal data, unless this rail Code to derogate from, must be respected.

§ 5. The King takes the necessary steps to avoid the risk of alteration of the contents of the register referred to in article.
Section 3. -Certificate art. 133. in all cases, each railway undertaking and infrastructure manager are responsible for the level of training and qualifications of their staff exercising tasks related to security, as shown in article 90 and in annex 5.
S. 134. the certificate is issued by the railway undertaking or the Manager of the rail infrastructure that employs the driver or who has entered into a contract with him.
The certificate belongs to the company or the Manager of the rail infrastructure. However, drivers can get a certified copy.
The certificate is valid only for infrastructure and rolling stock listed.
Each certificate specifies the infrastructure on which the holder is allowed to drive.
Each certificate indicates the rolling stock that the holder is allowed to drive.
The certificate authorise driving in one or more of the following categories: 1 ° category A: locomotives, trains work, maintenance railway vehicles and all other locomotives used for manoeuvres;
2 ° category B: transportation of persons and/or goods.
A certificate may contain an authorisation for all categories, covering all European codes for the different types in categories A and B referred to above.
By way of derogation to article 125, a railway undertaking can provide a train driver from the requirement to hold a valid certificate for the infrastructure concerned, as soon as another train driver, possessing such a certificate and the linguistic knowledge necessary to be able to communicate with the provided driver, stands alongside the driver during driving, and only in the exceptional cases listed below : 1 ° where the railway infrastructure manager finds that a disturbance of the railway service necessary to divert trains or maintain airway;
2 ° for unique exceptional services for which historic trains are used;
3 ° for unique exceptional services of carriage of goods, with the approval of the Manager of the rail infrastructure;
4 ° for the delivery or demonstration of a new train or a new locomotive;
(5) for the purposes of training and examination of train drivers.
The decision to use this possibility cannot be imposed by the Manager of the rail infrastructure or by the safety authority.
Whenever call is made to an additional driver as provided above, the railway infrastructure manager is informed in advance.
S. 135. a certificate shall be issued to the holder of a train driver's licence.
The holder of the certificate comply with the language requirements by the Manager of the rail infrastructure following the location of the infrastructure for which the certificate is requested. The King determines the manner in which the holder of the certificate must satisfy these linguistic requirements, understanding that they at least understand the knowledge referred to in annex 12, 8.
Train driver candidate successfully an examination of his knowledge and his professional skills with infrastructure for which the certificate is requested as well as his linguistic knowledge.
Train driver candidate had an exam on his knowledge and his professional skills relating to vehicles for which the certificate is sought.
The King determines the contents including the examinations referred to in paragraphs 3 and 4 of this article check control. These materials include at least those listed in annexes 11 and 12.
The King determines the specific professional knowledge referred to in paragraphs 3 and 4 of this article.
The railway undertaking or infrastructure manager provides the trainee driver of train training with regard to its safety management system.
S. 136. each railway undertaking and infrastructure manager shall establish their own procedures for issuing and updating certificates in accordance with this railway Code and its execution orders and integrate into their system of security management, as well as appeals procedures allowing train drivers to request a review of a decision relating to the issuance updating, suspension or withdrawal of a certificate.
In case of disagreement, the parties may appeal to the safety authority following the procedure laid down in article 142, § 3.
Railway undertakings or railway infrastructure manager update the certificate, or replace the copy, without delay, whenever the certificate holder has lost it or it got new permissions relating to rolling stock or infrastructure.
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137 so that a certificate to remain valid, its holder submits to periodic reviews on the requirements set out in article 135, paragraphs 2, 3 and 4. The railway undertaking or the Manager of the rail infrastructure that employs the driver or who has spent a contract with him sets the frequency of these examinations according to its own system of safety management and taking into account the minimum frequencies laid down in annex 13.
For each of these periodic examinations, the authority responsible for the issuance of the certificate confirmed by an endorsement on the certificate and in the register under section 140, § 1, 1 °, the driver of train meets the requirements referred to in paragraph 1.
If the person concerned lacks a periodic review or obtained a negative result, railway undertakings or railway infrastructure manager shall immediately take necessary measures.
S. 138. a certificate becomes invalid when the holder ceases to be employed as a train driver. However, the holder receives a certified copy of the certificate and all documents proving his training, his qualifications, his experience and his professional skills.
When it subsequently issues a new certificate to the driver of train, the railway undertaking or Manager of railway infrastructure which would engage driver train said takes into account all these documents.
S. 139. the certificate is, either suspended or withdrawn: 1 ° in the case referred to in article 141 and article 221, § 4, 3 °;
2 ° in case of suspension or withdrawal of the train driver's licence, for any reason whatsoever.
S. 140 § 1. Each railway undertaking and infrastructure manager: 1 ° take or shall ensure that be kept a register of all certificates or copies of certificates issued, updated, renewed, amended, expired, suspended, withdrawn or reported lost, stolen or destroyed. This registry contains data of each certificate as well as data relating to the periodic checks provided for in article 137. This register is updated regularly;
2 ° co-operate with the safety authority to exchange information with it and give it access to the necessary data.
3 ° provide, at the request of the competent authorities of the other Member States, information on the contents of the certificates, when it is necessary because of their transnational activities.
§ 2. Each train driver has access to the data that is stored in the registry of railway undertakings and rail infrastructure manager, and it may, at his request, obtain a copy of these data.

§ 3. The safety authority cooperates with the Agency to ensure the interoperability of the target registry to the § 1.
§ 4. The rail infrastructure manager

and railway undertakings shall ensure that the register they created pursuant to the § 1 be used exclusively for the following purposes: 1 ° the holding of the elements of fact and of law on issuance, update, extension, renewal, modification, expiration, suspension, withdrawal, loss, theft and destruction of all certificates of conduct or copies of certificates of conduct;
2 ° the holding of personal data identified by the King, which are necessary to achieve the objective referred to in 1 °.
When the railway infrastructure manager and railway undertakings are involved in accordance with the provisions of this section, all the provisions of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data must be respected, unless the present rail Code derogates.
§ 5. The King takes the necessary steps to avoid the risk of alteration of the contents of the register referred to in article.
Section 4. -Monitoring of drivers of train by the railway undertakings and rail infrastructure Article Manager 141 § 1. Railway undertakings and the rail infrastructure manager shall ensure and verify that the train driver licences and certification of train drivers they employ or with whom they have entered into a contract are valid.
They put in place a system for monitoring of their train drivers. If the results of this monitoring questioned the skills of a train driver to exercise his employment and maintaining his licence or certificate, the railway undertaking or the infrastructure manager shall immediately take necessary measures.
§ 2. When a train driver considers that his State of health calls into question his ability to perform his job, it shall immediately inform the railway undertaking or the Manager of the rail infrastructure, as appropriate.
As soon as a railway undertaking or infrastructure manager finds, or is informed by a doctor that the health status of a train driver has deteriorated so that its ability to do its job is questioned, she or he shall immediately take the necessary measures, including a review as foreseen by Annex 8, 3.1. and, if necessary, the withdrawal of the certificate as well as the update of the register provided for in article 140, § 1, 1 °. In addition, it shall ensure that at no time during his service, the train driver is under the influence of a substance likely to affect his concentration, vigilance or behavior. The safety authority shall be informed without delay of any case of incapacity to work whose duration exceeds three months.
The King may determine the procedures for review referred to in paragraph 2 of this subsection.
Section 5.
-Tasks and decisions of the Authority's security articles 142 § 1. Without prejudice to article 74, 9 °, the safety authority performs the following tasks in a transparent and non-discriminatory manner: 1 ° issuing and updating licences and provide duplicates, in accordance with articles 126 and 128.
2 ° ensuring the implementation of reviews and/or periodic inspections, pursuant to rule 129;
3 ° suspend and revoke licences and communicate to the issuer of the certificate in question the motivated requests for suspension of certificates, in accordance with article 221;
4 ° to recognize persons or bodies in accordance with articles 145, 146 and 149;
5 ° ensure the publication and updating of a register of persons and bodies recognised in accordance with article 143 and article 149;
6 ° take and update a register of licences in accordance with article 129 and article 132, § 1, 1 °;
7 ° check the certification process in accordance with article 219 train drivers;
8 ° carry out the checks provided for in article 221;
9 ° to recognize persons or bodies responsible for the medical examination and psychological examination on the professional plan, referred to in article 127, paragraphs 4 and 5.
§ 2. The safety authority responds quickly to requests for information and it introduces itself without delay any request for further information in the context of the processing of applications for licences.
§ 3. The employer and the driver of train have a procedure of administrative appeal to the safety authority for the purposes of review of a decision taken by one authority other than the safety authority, to make a claim under the rail Code present.
Section 6. -Training and examination of train s. drivers 143. the trainers or training centres are recognised by the safety authority for the purposes of the tasks referred to in articles 145, paragraph 1, and 146, subparagraphs 1 and 2.
Recognition requires trainers or training centres to provide a fair and non discriminatory access to train drivers training services whenever such training is necessary to fulfil the conditions for obtaining the safety certificate or, where appropriate, the approval of security.
Recognition requires trainers or training centres to provide quality training available to railway undertakings and the infrastructure manager rail at a reasonable and non-discriminatory price that is related to costs and may include a profit margin.
The recognition is carried out on the basis of the evaluation of the dossier and is based on criteria of independence, competence and impartiality. However, when a specific competence sought is extremely rare, it may be waived to this rule following a favourable opinion of the European Commission.
The criterion of independence does not apply with the task of training: 1 ° General professional knowledge, referred to in annex 10;
2 ° to linguistic knowledge referred to in annex 12, 8;
3 ° to the professional knowledge relating to rolling stock, annex 11;
4 ° to the professional knowledge relating to infrastructure, listed in annex 12, 1-7.
The safety authority shall ensure the publication and updating of the register of persons or agencies which have been recognised pursuant to this section. The King determines the terms of publication and update this register.
The King determines by order deliberate in Council of Ministers, the organizational arrangements and the minimum content of the training referred to in this article, so that the procedures for the issuance of the documents authentic concerning the training of train drivers and train conductors candidates.
The King determines, by Decree deliberated in the Council of Ministers, conditions that trainers and the training centres must meet to be recognized, the recognition procedure and the procedure for adaptation, renewal, suspension and withdrawal of recognition.
S. 144. the training of train drivers includes a component to the train driver's licence, which deals with the General professional knowledge, and a part relating to the certificate, which deals with the specific professional knowledge.
Train conductor candidates have fair and non-discriminatory access to the training needed to meet the conditions for obtaining the licence and the certificate.
S. 145. the tasks linked to General professional knowledge as provided for in article 127, paragraph 7, are carried out by trainers or training centres recognised in accordance with article 143.
With regard to the train driver's licence, the general system for the recognition of professional qualifications established by Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications continue to apply to the recognition of professional qualifications of train drivers who are nationals of a Member State who have obtained their certificate of training in a third country.
S. 146. training tasks relating to linguistic knowledge laid down in article 135, paragraph 3, and professional skills relating to rolling stock planned article 135, paragraph 4, are fulfilled by trainers or training centres recognised in accordance with article 143.
Training tasks relating to infrastructure knowledge laid down in article 135, paragraph 3, including routes and operating procedures, and rules are fulfilled by trainers or training centres recognised in accordance with article 143.
A continuous training system is put in place to ensure that staff skills are maintained, in accordance with annex 5, 2.1, e).
S. 147. in the case where a train driver of a railway infrastructure manager or a railway undertaking voluntarily leaving his employment for another company rail or rail infrastructure manager, this other company rail or rail infrastructure manager pays compensation to the former employer to compensate for the investments made by the former employer in the driver said of train formation.
The compensation referred to in paragraph 1 shall reasonably, taking into account: 1 ° the delay between the end of the training and commitment of the train driver;
2 ° the direct usefulness of training for the new employer.
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148. the King determines the method of training referred to in this section in accordance with the criteria of Annex 9.
The King determines the detailed objectives of the training referred to in this section in accordance with the criteria of annex 10 to the train driver's licence and annexes 11 and 12 for the certificate.
S. 149. the examiners or examination centres are recognised by the safety authority.
By way of derogation from paragraph 1, the safety authority can load the training centres of the recognition of their own reviewers, on the condition that they meet the requirements of competence determined by this railway Code and its execution decrees.
The recognition is carried out on the basis of the evaluation of the dossier and is based on criteria of independence, competence and impartiality. However, when a specific competence sought is extremely rare, it may be waived to this rule following a favourable opinion of the European Commission.
The safety authority shall ensure the publication and updating of the register of persons or agencies which have been recognised pursuant to this section. The King determines the terms of publication, updating and awareness of the register, and the rules for obtaining a copy of the data is stored. To update this register, the training centres immediately warn the safety authority of any modification of data concerning the Examiners that they recognize.
For the component to the train driver's licence, the content of the examinations to verify the qualifications is determined and examiners are appointed by the safety authority at the establishment of the procedure for obtaining the licence in accordance with article 128, paragraph 1 of the.
For the pane in the matter of the certificate, the content of the examinations to verify the qualifications is determined and examiners are designated by railway undertakings or the Manager of the rail infrastructure during the establishment of the procedure for obtaining the certificate in accordance with article 136.
The examinations referred to in paragraphs 5 and 6 are organized so as to ensure the absence of any conflict of interest.
With respect to the examinations referred to in paragraph 6, the examiner or recognized training centre can be part of the railway undertaking or the Manager of the rail infrastructure delivering the certificate.
The King determines, by Decree deliberated in the Council of Ministers, the organizational arrangements and minimum content reviews referred to in this article, as well as the procedures for the issuance of the documents authentic regarding examinations passed by train drivers and train conductors candidates.
The King determines, by Decree deliberated in the Council of Ministers, the conditions that examiners must meet to be recognized, the recognition procedure and the procedure for adaptation, renewal, suspension and withdrawal of recognition.
Theoretical and practical exams are organised at the end of the training. The ability to conduct is evaluated during driving tests on the network. Simulators can be used to test the delivery of the train driver in especially difficult circumstances and its proper application of operating rules.
CHAPTER 2. -Companions of s. passenger trains
150 § 1. The attendants of passenger trains training culminating in an examination. When this review is completed successfully, the training organization shall issue a certificate of professional competence.
Trainers or training bodies to provide training services to the attendants of passenger trains are recognized by the safety authority.
Recognition requires trainers or training organisations to provide a fair and non discriminatory access to training of the attendants of passenger trains services whenever such training is necessary to fulfil the conditions for obtaining the safety certificate or, where appropriate, the approval of security.
Recognition requires trainers or training organisations to quality training services available to railway undertakings at a reasonable and non-discriminatory price that is related to costs and may include a profit margin.
The recognition process is based on criteria of independence, competence and impartiality.
The safety authority shall ensure the publication and updating of the register of individuals and organizations that have been recognized under the rail Code present.

§ 2. Passenger train attendant certificate belongs to its holder and shall be issued by the security authority.
The passenger train attendant certificate cannot be issued to a person over eighteen years of age.
§ 3. The attendants of passenger trains in the other States members of the European economic area and who wish to provide services in Belgium shall prior written declaration referred to in article 9, § 2, of the Act of 12 February 2008 establishing a new general framework for the recognition of professional qualifications EC, without reference to information about insurance coverage or other means of protection personal or collective professional liability. This statement is however accompanied by the documents referred to in article 9, paragraph 2, of the same Act. The safety authority systematically applies the procedure referred to in article 9, § 4, of the same Act.
The safety authority shall verify in particular that certificates relating to the linguistic knowledge of the candidate are established in accordance with the provisions of the TSI operation setting the linguistic levels required for the security tasks.
S. 151. the King, for the certification of accompanists for passenger trains: 1 ° determines by order deliberated in Council of Ministers, the organizational arrangements and the minimum content of training and examinations, referred to in article 150, § 1 and the procedures for the issuance of the documents authentic training and examinations to be followed by the attendants of passenger trains;
2 ° determines, by Decree deliberated in the Council of Ministers, the eligibility of trainers and training organizations to provide training services to the attendants of passenger trains to be identified in accordance with article 150, § 1, paragraph 3, and the procedure of recognition;
3 ° stops the requirements to comply with the passenger train attendant patent referred to in article 150, § 1, paragraph 1 and conditions as psychological, medical and fitness that the holder must meet so that it be issued;
4 ° stops the terms of issuance, renewal, revision, suspension and withdrawal of the passenger train attendant patent referred to in article 150, § 1, paragraph 1;
5 ° shall adopt the criteria of recognition of persons or bodies responsible for the medical examination and the terms of this medical examination;
6 ° shall adopt the criteria of recognition of persons or bodies responsible for the psychological examination on the professional level and modalities of this review.
CHAPTER 3. -Protection of privacy article 152. before making use of one or more authorizations provided for in this title, the King asks the opinion of the Committee on the protection of privacy.
By derogation from article 29, paragraph 2, of the Act of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data, the protection of Privacy Commission deliver its opinion within a period of thirty days after all necessary data have been transmitted.
TITLE 6. -Interoperability of the rail system within the European Union Chapter 1. -Requirements essential art.
153. the rail system, the subsystems, the interoperability constituents, including interfaces, comply with the relevant essential requirements.
The safety authority may consult the Committee referred to in article 29 of Directive 2008/57/EC if, after the adoption of a TSI, it appears that it does not fully meet the essential requirements.
CHAPTER 2. -Technical Specifications for interoperability Section 1. -Content article 154. each subsystem is covered in a TSI or, if applicable, by several TSIs.
A TSI may cover several subsystems.
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155. the subsystems are consistent with the TSIs that are applicable at the time of their commissioning, redevelopment or their renewal.
This compliance is maintained at all times during the use of each subsystem.
S. 156. insofar as this is technically feasible and without prejudice to compliance with safety rules, the TSI shall not preclude the use of the infrastructure for the movement of vehicles not covered by the TSIs.
Section 2. -Extension of the scope of its arts. 157. as long as the extension of the scope of the TSIs across the rail network is not effective, the authorisation for placing in service of subsystems on the part of the network which will record yet its is granted in accordance with safety rules or, where appropriate, in accordance with article 171.
The authorisation for placing in service of vehicles

use scheduled occasionally on the part of the network that is not yet to the TSI for this part of the network is granted in accordance with the rules of safety or in accordance with article 171 and Chapter 5 where appropriate.
S. 158. the safety authority may, at the request of an adjudicating entity or constructor, when new or revised TSIs are published exclude from the application of these TSIs projects at an advanced stage of development or subject to a contract running.
Section 3. -Derogations art. 159 § 1. In the absence of relevant specific cases, the safety authority may, at the request of the contracting entity or the constructor or their representative in the Union European, decide not to apply one or more TSIs in the following cases: 1 ° for a project again subsystem, for the renewal or upgrading of an existing subsystem or for any element of the rail system located at a stage advanced development or subject to a contract during running of these TSIs are published;
2 ° for a project for renewal or redevelopment of an existing, when subsystem gauge, gauge or the interaxial of the tract or electrical voltage provided by these TSIs are incompatible with those of the existing subsystem;
3 ° to a project concerning the renewal, extension or upgrading of a subsystem, when the application of these TSIs compromises the economic viability of the project and/or the coherence of the Belgian railway system;
4 ° when an accident or a natural disaster, the conditions for the rapid restoration of the network do not economically or technically allow the partial or total application of the relevant TSIs;
5 ° for vehicles coming from or to third countries the track gauge of which is different from that of the main rail network within the European Union.
§ 2. The contracting entity, the constructor or their authorised representative within the European Union submitted to the safety authority the claim together with a folder containing the elements of the point b) of annex 22 and justifying the claim.

§ 3. In the case referred to the § 1, 1 °, the safety authority shall communicate to the European Commission, in the year following the entry into force of each TSI, a list of projects that are executed on Belgian territory and are at an advanced stage of development.
§
4. In all the cases referred to the § 1, the safety authority shall notify in advance its intention for a derogation to the Commission and shall forward a record of claim including the listed documents in annex 22.
§ 5. In the cases referred to the § 1, 1 ° and 4 °, the safety authority may, pending that the European Commission shall notify the results of its analysis of the completeness of the dossier with the claim for exemption, apply the replacement provisions in this folder.
§ 6. In the absence of a decision by the European Commission within the time limit imposed by Directive 2008/57/EC on the acceptance of the claim for exemption in the cases referred to in paragraph 1, 1 °, 2 °, 3 ° and 5 °, the demand is considered as accepted.
Pending the decision of the European Commission in the case referred to the § 1, 5 °, the replacement provisions in derogation request may apply.
CHAPTER 3. -Constituents of interoperability Section 1st.
-Placing on the arts. 160. the interoperability constituents may be placed on the market that are they: 1 ° allow railway interoperability in meeting the essential requirements;
2 ° are used in their area of use in accordance with their intended purpose and are installed and maintained properly.
Paragraph 1 shall not preclude the placing on the market of these constituents for other applications.
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161. the safety authority may not, on the basis of the law, prohibit, restrict or impede the placing on the market of interoperability constituents for use in the rail system when these constituents shall meet the provisions of the rail Code.
Section 2. -Conformity or suitability for use art. 162. the interoperability constituents which bear the «EC» declaration of conformity or suitability for use are considered compliant with the essential requirements.
Any interoperability constituent is subject to the procedure for assessing conformity and suitability for the use indicated in the relevant TSI and shall be accompanied by the corresponding certificate.
The «EC» declaration of conformity or suitability for use of interoperability constituents complies with the criteria referred to in annex 17.
An interoperability constituent meets the essential requirements if it is conforming to the conditions laid down by the corresponding TSI or the European specifications developed to comply with these conditions.
By way of derogation from paragraph 2, the spare parts of subsystems already in service on the entry into force of the TSI can be installed in this subsystem without having to be subject to the procedure for assessing conformity and suitability for use.
Section 3. -EC procedure for declaration "of conformity or suitability for use art. 163. to establish the declaration «CE» conformity or suitability for use of an interoperability constituent, the manufacturer or his authorised representative established in the European Union shall apply the provisions laid down in the TSIs relating.
When required by the corresponding TSI, the assessment of the conformity or the suitability for use of an interoperability constituent is performed by the notified body with which the manufacturer or his authorised representative established in the European Union has made the request.
Where interoperability constituents are the subject of regulations transposing other directives covering other aspects, the «EC» declaration of conformity or suitability for use, indicates, in this case, that the interoperability constituents also meet the requirements of these other regulations.
S. 164. where neither the manufacturer nor his authorized representative have met the obligations referred to in article 163, paragraphs 1 and 3, these obligations apply to a person who makes the grantor of interoperability on the market.
For the purposes of this rail Code, the same obligations shall apply to any person who assembles interoperability constituents or parts of interoperability of diverse constituent or who manufactures components for interoperability for its own use.
Section 4. -Restrictions or ban the use of subsection 1 interoperability constituents.
-Non-compliance with the «EC» procedure for declaration of conformity or suitability for use art.
165 if the safety authority finds that the «EC» declaration of conformity or suitability for use has been prepared improperly, it involves remains the manufacturer or his authorised representative established in the European Union, if necessary, to the grantor for interoperability in accordance and to end the infringement in accordance with the procedures laid down by the King.
Where non-conformity persists, the safety authority takes all appropriate measures to restrict or prohibit the placing on the market of the interoperability constituent concerned or to ensure its withdrawal from the market in accordance with the procedure laid down in article 166.
Paragraphs 1 and 2 shall apply subject to the provisions of article 166.
Sub-section 2. -Non-conformity of constituents of interoperability with the essential requirements art. 166. where the safety authority finds that a component of interoperability with the «EC» declaration of conformity or suitability for use and put market risk, when used as intended, do not meet the essential requirements, it takes all necessary steps to restrict its field of application, prohibit its use or withdraw it from the market in accordance with the procedures laid down by the King.
The safety authority shall inform the Commission of the measures it has taken and motivates its decision, stating in particular whether the non-conformity is due to non-compliance with the essential requirements, or incorrect application of European specifications as far as application of those specifications is invoked, or a lack of specifications European.
S. 167. where the safety authority finds as a component of interoperability bearing the «EC» declaration of conformity or suitability for use proves to be non-compliant, it limited its scope of application, removal from the market, banned the use, or take the appropriate measures against one who has drawn up the declaration according to the procedures laid down by the King.
It shall inform the European Commission and the security of the other Member States of the European Union authorities.
CHAPTER 4. -Subsystems Section 1st. -Procedure for commissioning art. 168 § 1. Pursuant to article 74, 1 °, and without prejudice to the provisions of Chapter 5, the safety authority authorises the placing in service of those structural subsystems constituting the rail system which are located or operated in Belgium.
§ 2. The structural subsystems may be put into service only if they are designed, constructed and installed to meet the essential requirements concerning them, when they are integrated into the rail system.

§ 3. The safety authority shall verify, in particular: 1 ° the technical compatibility of these subsystems with the system into which they fit.
2 ° the integration in security of these subsystems in accordance with Regulation No. 352/2009 of the Commission of 24 April 2009 on the adoption of a method of relating to the assessment and assessing common security risks referred to in article 6, paragraph 3, point a), of Directive 2004/49/EC of the European Parliament and the Council and section 94.
§ 4.
The safety authority checks prior to the commissioning of these subsystems that they comply with the relevant provisions of the TSI on operation and maintenance.
§ 5.
The structural subsystems are: 1 ° to the «EC» verification procedure by reference to the applicable TSIs.
2 ° as well as the verification procedure to the security rules, by reference to these safety rules.
§ 6. After the commissioning of the subsystems, this verification takes place: 1 ° for the infrastructure, in the context of the granting and monitoring of the amenities of security in application of article 95;
2 ° for vehicles, in the context of the granting and monitoring of security in accordance with article 99 certificates.

§ 7. Assessment and verification procedures are those laid down in the structural and functional TSIs concerned.
S. 169. subject to the provisions of article 168, the safety authority cannot, on the basis of this rail Code, prohibit, restrict or hinder the construction, commissioning and operation of structural subsystems constituting the rail system which meet the essential requirements.
The safety authority may not require checks which have already been carried out: 1 ° the proceedings of establishment of the «EC» declaration of verification which the elements are given in annex 18.
2 ° in other Member States of the European Union, before or after July 19, 2008, to check compliance with identical requirements under identical operating conditions.
Section 2. -Conformity with TSIs and national rules art. 170. the structural subsystems constituting the rail system which are covered by the «EC» declaration of verification are considered as being interoperable and meeting the essential requirements.
The verification of the interoperability, in respect of the essential requirements, of a structural subsystem constituting the rail system shall be established by reference to TSIs where they exist.
The «EC» declaration of verification of subsystems complies with the criteria laid down in annex 18.
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171 § 1. The safety authority establishes, for each subsystem, a list of safety rules for the application of the essential requirements when there is no relevant TSI, a derogation has been notified under section 159 or a specific case requires the application of rules of security not included in the TSI concerned.
In these cases, any subsystem of a structural nature is subject to the verification procedure referred to in annex 19, paragraph 3.

§ 2. The safety authority shall notify the European Commission a list of safety rules for each subsystem as well as the designated bodies responsible for the verification procedure of these safety rules in application of article 174.
This list is notified: 1 ° either whenever a change occurs to the list of technical rules notified pursuant to article 17, paragraph 3, of Directive 2008/57/EC;
2 ° or after notification of the derogation;
3 ° or after publication of the TSI concerned.
§ 3. The safety authority fails to notify the European Commission rules and restrictions whose character is strictly local, but in fact mention in the register of infrastructure referred to in article 211.

§ 4. The safety authority shall ensure that the binding safety rules are published and communicated to the Manager of the infrastructure, all railway undertakings and applicants for authorisations for placing in service, in clear and understandable terms for all parties concerned.
Section 3. -Procedure for the establishment of the «EC» declaration verification sub-section 1. -«EC» declaration verification article 172 § 1.
To establish the «EC» declaration verification, the adjudicating entity or the constructor or their authorised representative within the European Union chooses a notified body and invites him to initiate the verification procedure «EC» referred to in annex 19.
§ 2. The mission of the notified body responsible for the «EC» verification of a subsystem starts at the stage of the project and covers the entire period of construction to the front reception stage commissioning of the subsystem.
This task shall also cover verification of the interfaces of the subsystem in question in relation to the system in which it fits based on the information available in the relevant TSI and in the registers provided for in articles 210, § 4, 3 °, and 211.
§ 3. The notified body is responsible for the constitution of the technical dossier and the drafting of the «EC» verification certificate must accompany the «EC» declaration of verification established by the plaintiff.
This technical dossier contains all necessary documents relating to the characteristics of the subsystem and, where appropriate, all documents certifying the conformity of the interoperability constituents.
It contains also all the elements relating to the conditions and limits of use, maintenance, continuous or periodic monitoring, adjustment and maintenance instructions.
§ 4. If the corresponding TSI allows, the notified body may issue certificates of compliance on certain parts of the subsystem or a series of subsystems.
Sub-section 2. -Statement ' this 'of intermediate verification article» 173. on the basis of confirmations of control certificates issued by the notified body, the adjudicating entity or the constructor, or their authorised representative within the European Union can make «EC» declarations of intermediate verification to cover certain stages of the verification procedure or certain parts of the subsystem according to the procedure laid down in annex 19.
Sub-section 3. -Declaration of verification in safety rules art.
174. § 1. Pursuant to section 157 and section 171, the adjudicating entity or the constructor or their authorised representative within the European Union must, for the declaration of verification in safety rules, choose a designated agency and invite him to initiate the procedure for verification to the safety rules.
The declaration of verification complies with the criteria referred to in annex 18, paragraph 2.
§ 2. The mission of the designated agency responsible for the verification of a subsystem relative safety begins at the stage of the project and covers the entire period of construction up to the stage of reception before the commissioning of the subsystem.
This task shall also cover verification of the interfaces of the subsystem in question in relation to the system in which it integrates.
§ 3. The designated agency is responsible for the constitution of the technical dossier must accompany the declaration of verification in safety rules.
This technical dossier contains all the elements relating to the conditions and limits of use, maintenance instructions, surveillance continuous or periodical, adjustment and maintenance.
Subsection 4. -Declaration of intermediate verification in safety rules art. 175. statements by intermediate verification in safety rules may be established by the procuring entity or the constructor or their authorised representative in the European Union on the basis of the intermediate verification certificates issued by the designated agency to cover certain stages of the procedure of verification to the safety rules.
Section 4. -Restriction on the commissioning of a subsystem of a structural nature art. 176. If the safety authority finds that a subsystem of a structural nature, bearing the «EC» declaration of verification accompanied by the technical file, does not entirely satisfy the provisions of the rail Code and including the essential requirements, it may request that additional checks be carried out.
The safety authority shall immediately inform the European Commission of the additional checks requested in motivating and whether the supplementary audit finds its cause, is in non-compliance with essential requirements or a TSI or incorrect application of a TSI, or an inadequacy of a TSI.
Section 5. -Commissioning of the sub-section 1st subsystems. -Principles General s.
177. the King fixed the procedure and detailed rules for the introduction of the request and obtain authorisation for placing in service of the subsystems covered by this section.
Sub-section 2. -Commissioning of existing subsystems after renewal or redevelopment s. 178. § 1. In case of renewal or redevelopment, the contracting entity, the constructor or their authorised representative within the European Union submitted to the safety authority a file describing the project.
§ 2. After examination of the record, the safety authority decides, taking into account the strategy of implementation indicated in the applicable TSI, if the importance of work justifies the need for a new authorisation for placing in service within the meaning of this rail Code.


§ 3. A new authorisation for placing in service is necessary whenever the overall level of safety of the subsystem concerned may be negatively affected by the proposed work.
If a new authorization is required, the safety authority decides the extent in which the TSI should be applied to the project.
If the TSI is not fully applied, the safety authority shall notify to the Commission the reasons, the technical characteristics applying instead of the TSI, and agencies to apply, in which case those characteristics, the verification procedure referred to in article 174.
§ 4. The safety authority stop its decision not later than four months after the contracting entity, the constructor or their authorised representative within the European Union has introduced a complete dossier following the rules laid down in accordance with article 177.
S.
179. the safety authority may authorize the intermediate implementation of subsystems on the basis of certificates of intermediate conformity issued by the notified or appointed body, and intermediate declarations of conformity. The safety authority issue the authorization of intermediate commissioning to the entity procuring or the constructor or their authorised representative in the European Union.
Intermediary service of the subsystems implementing opens the right to carry out all the tests required for the commissioning of the subsystems concerned in accordance with detailed rules adopted pursuant to article 177.
CHAPTER 5. -Vehicles Section 1st. -Authorisation for placing in service s. 180. unless otherwise specified in the present chapter, the commissioning of a vehicle is authorized by the safety authority before the vehicle can be used on the network.
Any authorisation for placing in service granted by a Member State is valid in Belgium subject to articles 193 and 197.
Commissioning authorisations issued in accordance with the provisions of this section are without prejudice to the other conditions imposed by Title 4 railway undertakings and to the Manager of the rail infrastructure for the operation of such vehicles on the network.
The King fixed the terms of submission of the application, the procedure and the conditions for obtaining of the commissioning of the vehicles.
S. 181. a vehicle complying with the TSI is authorized in accordance with articles 189 to 194.
A vehicle not complying with the TSI is authorized pursuant to sections 195 to 198.
A vehicle conforming to an allowed type is authorized in accordance with article 199.
S. 182. Requests for authorisation for placing in service of a vehicle must be followed by a decision of the authority in accordance with articles 190, 193, 196 and 197.
S. 183. the decision to authorise the placing in service of a vehicle can provide for conditions of use and other restrictions.
S. 184. in the month of the date of receipt of the decision to refuse the placing into service of a vehicle, the applicant may request the safety authority, based on duly justified grounds, to review the decision to refuse the placing into service of a vehicle.
The safety authority has two months from receipt of the request for review, to confirm or reverse its decision.
S. 185. in the absence of decision by the safety authority within the time limits prescribed by articles 194 and 198, the commissioning of the vehicle shall be deemed to have been authorized at the end of a period of three months starting at the end of these deadlines.
In this case, the authorisation for placing in service of the vehicle is valid only on the Belgian network.
In the case where a vehicle would receive tacit authorisation in another Member State of the European Union following the application of a provision similar to paragraph 1, such authorisation for placing in service will not be valid in Belgium.
S.
186. the revocation by the safety authority authorization in service it has itself granted or an authority enjoyed by the applicant under article 185 is realized through the procedure of revision of security certificates and approvals in accordance with Chapter 4 of Title 4.
S. 187. the safety authority may issue authorisations for placing in service on a series of vehicles.
The safety authority communicates to applicants, via publication on its web site, the practicalities to follow.
S. 188. by way of derogation from articles 189-198, commissioning authorisations granted before July 19, 2008, including authorisations issued in accordance with international agreements, in particular the RIC (Regolamento Internazionale Carrozze) and RIV (Regolamento Internazionale Veicoli) remain applicable to the conditions under which they were granted.
Section 2. -Commissioning of vehicles conforming to TSIs sub-section 1st. -First authorisation for placing in service s.
189. this sub-section applies to vehicles which comply with all the relevant TSIs at the time of their commissioning provided a significant number of essential requirements have been covered in the TSI considered and that the relevant TSI on rolling stock come into force and is applicable.
S. 190. when all the subsystems structural relating to the vehicle concerned have been approved in accordance with the provisions of Chapter 4, the safety authority grants the first authorisation to place in service without further checks.
S.
191. when the vehicle is equipped with all the «EC» declarations of verification in accordance with article 172, the control of the safety authority in the context of the authorisation for placing in service of the vehicle is limited to: 1 ° the technical compatibility between the concerned subsystems of the vehicle and the safety of their integration according to the procedure laid down in the structural and functional TSIs concerned;
2 ° the technical compatibility between the vehicle and the network concerned;
3 ° the rules applicable to the open points security;
4 ° safety regulations applicable to the specific cases duly identified in the relevant TSIs.
Sub-section 2. -Additional permissions for commissioning art. 192. vehicles which are in full compliance with the TSIs covering all aspects of the subsystems concerned without specific cases and open points strictly related to technical between vehicle and network compatibility are subject to no additional permissions to be commissioned, provided that they circulate on networks conforming to TSIs or the conditions specified in the TSIs corresponding.
S. 193 § 1.
The safety authority decides whether commissioning additional permissions are required for a vehicle equipped with a first authorisation to place in service, in accordance with section 190 or in accordance with the principles contained in article 22 of Directive 2008/57/EC, provided that it is not a vehicle referred to in section 192.
§ 2. To meet the demand for additional permissions, the applicant shall submit to the safety authority a dossier for the vehicle or the type of vehicle and intended on the network.
§ 3. The folder contains the following information: 1 ° the supporting documents certifying the authorisation for placing in service in another State member of the Union in accordance with article 22 of Directive 2008/57/EC;
2 ° a copy of the technical file referred to in annex 19 including, for vehicles equipped with data recorders, information about the procedure of data collection to allow reading and evaluation of these data, provided that these information are not harmonised in the relevant TSIs;
3 ° records showing the operation of the vehicle, its maintenance history, and, where appropriate, the technical changes made after authorization;
4 ° the technical and operating characteristics showing that the vehicle is compatible with the infrastructure and fixed installations and other constraints of the network.
§ 4. The audit of the Authority's safety in the context of the additional authorization request is limited to the criteria: 1 ° the technical compatibility between the vehicle and the network, including the security rules applicable to the open points needed to ensure this compatibility.
2 ° safety regulations applicable to the specific cases duly identified in the relevant TSIs.

§ 5. To verify the criteria referred to in § 4, the safety authority may ask for additional information, the risk analyses carried out pursuant to articles 89 and 90 of Chapter 3 of Title 4 or tests to perform on the network.
Notwithstanding paragraph 1 and after the adoption of the reference document referred to in article 200, this verification may be carried out only in relation to national rules belonging to group B or C listed in this document.

§ 6. The safety authority sets, after consultation with the applicant, the scope and content information, analyses of risk and the tests requested.
In order to achieve the requested further testing referred to in paragraph 1, the Manager of the rail infrastructure, in consultation with the applicant, makes every effort to ensure that these tests can take place within three months of the request.
Where appropriate, the safety authority takes measures that these tests take place.
S. 194. the safety authority makes the decision to additional authorisation for placing in service no later than:

1 ° two months after the introduction of the dossier referred to in article 193, § 2;
2 ° if applicable, one month after the provision of further information referred to in article 193, § 5;
3 ° if applicable, one month after provision of the results of the tests requested by the safety in accordance with authority in article 193, § 6.
Section 3. -Commissioning of vehicles not complying with the TSI sub-section 1. -First authorisation for placing in service s. 195. this sub-section applies to vehicles that are not in compliance with all the relevant TSIs in force at the time of their commissioning, including vehicles enjoying exemptions, or when a significant number of essential requirements is not covered by one or more TSIs.
S. 196. the safety authority grants the first authorisation for placing in service in the following manner: 1 ° if applicable after completion of the audit procedure «EC» for the technical aspects covered by the TSIs;
2 ° after completion of the verification procedure compared to the safety rules for the other technical aspects.
The first authorisation for placing in service is valid only on the Belgian rail network.
Sub-section 2. -Additional permissions for commissioning art. 197 § 1. The safety authority decides whether commissioning additional permissions are required for a vehicle allowed to entry into service in another Member State of the Union in accordance with article 21, paragraph 12, of Directive 2008/57/EC or in article 24 of Directive 2008/57/EC.
§ 2. To meet the demand for additional permissions referred to in this article, the applicant submits the safety authority a technical file on the vehicle or the vehicle type giving information to use on the network.
§ 3. The folder contains the following information: 1 ° the supporting documents certifying the authorisation for placing in service in another Member State and the documentation for the procedure to demonstrate that the vehicle complies with the requirements in force on safety, including, where appropriate, information on the exemptions that it has benefited, or which have been granted in accordance with article 159 or in accordance with the principles contained in article 9 of Directive 2008/57/EC;
2 ° technical data, maintenance programme and operational characteristics including, for vehicles equipped with data recorders, information about the procedure of data collection to allow reading and evaluation of such data as provided for in article 113 c. 3 ° records showing the history of the operation of the vehicle, its maintenance and where appropriate, the technical changes made after authorization;
4 ° technical and operating characteristics showing that the vehicle is compatible with the infrastructure, fixed installations and other constraints of the network.
§ 4. The safety authority may call into question the data referred to in § 3, 1 ° and 2 °, except to demonstrate the existence of a significant risk in terms of security, subject to article 169.
In particular, following the adoption of the reference document referred to in article 200, the safety authority can no longer invoke a national rule belonging to group A contained in this document.
§ 5. To check the conformity of the elements referred to in § 3, 3 ° and 4 °, safety rules, the safety authority may request that additional information be provided, that risk analyses are carried out, and that tests are carried out on the network.
By way of derogation from paragraph 1, this verification can be done only in relation to the national rules in Group B or C listed in this document and that after the adoption of the document of reference referred to in article 200.
§ 6. The safety authority defines, in consultation with the applicant, the scope and content of the additional information, risk analyses and tests requested.
On request the safety authority and to achieve the additional tests required, the Manager of infrastructure, in agreement with the applicant, makes every effort to ensure that these tests can take place within three months of the request of the latter.
Where appropriate, the safety authority takes measures that these tests take place.
S. 198. the safety authority makes its decision to additional authorisation for placing in service no later than: 1 ° four months after the introduction of the dossier referred to in article 197, § 2;
2 ° where applicable, two months after provision of the additional information or risk analyses referred to in article 197, § 5;
3 ° where applicable, two months after provision of the results of the tests that have been made at the request of the authority in accordance with article 197, § 6.
Section 4. -Permissions by vehicle type s. 199 § 1. The safety authority may issue authorizations by vehicle type.
§ 2. Permission for a vehicle also focuses on the type of vehicle.
§ 3. The vehicle conforming to a vehicle type that has already been authorised on the Belgian network is allowed on this network on the basis of a declaration of conformity with the type of vehicle provided by the applicant, without further verification.
§
4. By way of derogation from paragraph 3, in the event of amendment of the relevant provisions of TSIs and national rules on the basis of which a vehicle type has been authorized, the safety authority decides if by vehicle type authorizations remain valid or whether they must be renewed.
In case of renewal of an authorization by vehicle type, the control of the safety authority is limited to the amended rules.
The renewal of an authorization by vehicle type does not affect the vehicle authorisations issued on the basis of an allowed type previously.

§ 5. The declaration of conformity with the type is established in accordance with: 1 ° the verification procedures of the relevant TSIs for vehicles conforming to TSIs;
2 ° for vehicles conforming to TSIs, the verification procedures defined at the module D or E module of Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products and repealing Decision 93/465 / EEC of the Council.

§ 6. The applicant may apply for an authorization by type at the same time in other European Union Member States.
Where appropriate, the safety authority cooperates with the security of the other Member States of the European Union authorities to simplify the procedure and reduce as much as possible administrative tasks.
§ 7. In accordance with article 26, § 7, of Directive 2008/57/EC type permissions are stored in the European register of authorised vehicles referred to in article 34 of Directive 2008/57/EC.
The register said the Member States of the European Union in which a type of vehicle is allowed.
Section 5. -Classification of the national rules art. 200. with a view to facilitate the authorisation procedure for placing in service of vehicles referred to in articles 193 and 197, the safety authority class national rules relating to the parameters identified in annex 20, paragraph 1, in accordance with annex 20, item 2.
Reference document referred to in article 27 of Directive 2008/57/EC covers all the national rules applied by each Member State for the commissioning of the vehicles.
The safety authority contributes to the drafting of the reference document referred to in paragraph 2 of this article.
CHAPTER 6. -Organisms notified and designated Section 1st.
-Notified bodies art. 201. the King approved, with a view to their notification, which meet the criteria of annex 21 and agencies which are responsible for carrying out the procedure for assessment of conformity or suitability for the use referred to respective sections 162 to 165 and the verification procedure referred to in article 172, indicating their areas of competence.
S. 202. in order to be approved for their notification by the King, the agencies concerned must demonstrate that they are accredited in accordance with the implementing provisions of the law of 20 July 1990 on accreditation of conformity assessment bodies.
The King lays down the procedures for submission of the dossiers for approval and the notification request, the procedure for the issuance of the approval and the rules on the control of suspension and withdrawal of approval.
S.
203. the King determines which entity is responsible to notify the European Commission and the other Member States of the European Union organizations it has recognized, indicating for each of them their field of competence and their identification numbers obtained in advance from the Commission.
The entity referred to in paragraph 1 shall also immediately inform the European Commission and the Member States of the European Union for the withdrawal of the authorisation to a body which no longer meets the criteria of annex 21.
S. 204. If it appears that a body notified by another EU Member State, no longer meets the criteria for notification, the Minister shall notify the European Commission.
Section 2. -Designated bodies art. 205. the King shall, indicating their area of competence, the agencies responsible for carrying out the verification procedure

the rules of safety, in the absence of TSIs, when the application of its across the network is not effective, notified derogations or when a specific case requires the application of national rules in accordance with article 174.
S. 206. the King sets the criteria for designation, detailed rules for submission of the application for designation of bodies referred to in article 205, the procedure for granting and the arrangements for control, suspension and revocation of the designation.
S. 207. in order to be appointed, interested organizations must demonstrate that they meet the criteria laid down by the King.
S. 208. the safety authority communicates, via publication on its web site, the list of the designated bodies.
CHAPTER 7. -Records of vehicles and infrastructure Section 1st. -S. vehicle registration system 209. a European vehicle (NEV) is number of any vehicle is put into service on the European railway system when issuing the first authorisation for placing in service.
The applicant for the first authorisation for placing in service has the responsibility to affix to the vehicle the NEV ascribed by the safety authority in accordance with the provisions of annex P to the TSI relating to the operation and traffic management.
A unique NEV is assigned to each vehicle except as required in the TSI on operation and traffic management.
By way of derogation from paragraph 1, for clearly identified vehicles, a different coding system is allowed in the case of vehicles operated or intended to be exploited originating or destined to third countries the track gauge is different from that of the main rail Union European.
Section 2. -National register of vehicles art. 210 § 1. A national register of vehicles authorized in Belgium is established.
§ 2. The registry is maintained by the safety authority. She joined in the registry changes made by another Member State of the European Union for the data concerning the Belgian network.
Until national registries of vehicles of the Member States are not connected, the safety authority updates the register incorporating changes made by another Member State in its own registry, for the data concerning.
§ 3. The registry is accessible to the authorities of security of other States members of the Union European, the investigative body, the control body, to the Agency, to the railway undertakings, to the Manager of the rail infrastructure as well as to the persons or bodies responsible for the registration of vehicles or identified in the registry.
When the safety authority acts under the provisions of this article, it shall comply with the provisions of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
§ 4. The register respects the common specifications drawn up by the Agency and contains at least the following information: 1 ° the evn;
2 ° references the «EC» declaration of verification and the entity the having issued;
3 ° the references of the European register of authorised vehicle types referred to in article 34 of Directive 2008/57/EC;
(4) identification of the owner of the vehicle and of its owner;
5 ° any restrictions regarding the use of the vehicle;
6 ° the entity responsible for maintenance.
§ 5. The registration holder shall immediately notify any change in relation to the data entered in the national register of vehicles, the destruction of a vehicle or its decision to no longer register a vehicle to the safety authority in the Member State in which the vehicle was allowed in the first place.
§ 6. In the case of vehicles put into service for the first time in a third country and whose commissioning was authorized by a Member State on its territory, that Member State shall ensure that the data referred to in § 4, 4 ° to 6 °, can be found through the national vehicle registry. The data referred to in § 4, 6 °, may be replaced by relevant data security applicable to the maintenance programme.
Section 3. -Register of infrastructure art. 211. the safety authority shall ensure that the rail infrastructure manager publishes a register of infrastructure and updating in respect of the common specifications referred to in article 212.
S. 212. This register presents for each subsystem or part of subsystem concerned the main features such as the basic parameters and their concordance with the characteristics prescribed by the applicable TSIs. ÷ this end, the infrastructure manager shall comply with each TSI which indicates precisely which information must appear in the register of infrastructure.
It respects the common specifications developed by the Agency with regard to its presentation, its format, its update cycle and its mode of use taking into account a period of proper transition for infrastructure commissioning before July 19, 2008.
TITLE 7. -Control and rail inspection Chapter 1. -Control and rail inspection art.
213 § 1. The King refers to members of the staff of the Administration and the safety authority responsible for the control of compliance of this railway Code and its execution orders.
They may: 1 ° enter freely, at any time and without prior warning, any equipment or materials intended for use on infrastructure;
2 ° make all findings, gather information, take statements, present documents, papers, books and objects and enter those that are necessary for checking or necessary to put an end to the infringement.
They claim their rights of control if it is deemed reasonably useful for the performance of their tasks of control.
For the purposes of carrying out their tasks, they may require the public force.
§ 2.
They have the right of access: 1 ° at the home of the heads of enterprise, administrators, managers, directors and other members of the staff of the undertaking concerned as well as housing and premises used for professional of natural and legal persons, internal or external, responsible for managing commercial, accounting, administrative, fiscal and financial company;
2 ° at the head office or operation of the undertaking concerned.
However, they have access to the premises referred to in paragraph 1 and to the following conditions: 1 ° have received the prior written permission of the occupant;
2 ° have received clearance prior and written by the investigating judge. In this case, they can access residential and living quarters that between 8 and 18 hours.
§ 3. The staff members referred to the § 1 shall be bound by professional secrecy with regard to information obtained in the exercise of their monitoring missions.
CHAPTER 2. -Fines administrative s. 214. the following offences to the present rail Code are punished an administrative fine: 1 ° the offence in article 68, paragraph 3, is punished by an administrative fine of 2,000 to 4,000 euros;
2 ° the offence in article 68, § 4, is punished by an administrative fine of 2,000 to 4,000 euros;
3 ° the offence in section 70 is punished by an administrative fine of 1,000 to 2,000 euros;
4 ° the offence in section 71 is punished by an administrative fine of 2,000 to 4,000 euros;
5 ° breach, by the railway undertaking or the Manager of the railway infrastructure, of the measures referred to in article 75 is punished with an administrative fine of 4,000 to 8,000 euros;
6 ° the refusal to provide the technical assistance referred to in article 77, paragraph 4, is punished with an administrative fine of 1,000 to 2,000 euros.
7 ° the offence in article 89 is punished by an administrative fine of 4,000 to 8,000 euros.
8 ° the offence in article 90 is punished by an administrative fine of 4,000 to 8,000 euros.
9 ° the offence in article 91, first sentence, is punished by an administrative fine of 4,000 to 8,000 euros;
10 ° the offence in article 91, second sentence, is punished by an administrative fine of 4,000 to 8,000 euros.
11 ° the late submission of the report referred to in article 92 is punished with an administrative fine of 500 to 1,000 euros.
12 ° the non-filing of the report referred to in article 92 is punished with an administrative fine of 2,000 to 4,000 euros;
13 ° the incomplete filing of the report referred to in article 92 is punished with an administrative fine of 2,000 to 4,000 euros;
14 ° failure to fulfil the obligations referred to in article 93 is punished with an administrative fine of 1,000 to 2,000 euros;
15 ° non-immediate communication of the substantial modifications referred to in article 96 is punished by an administrative fine of 1,000 to 2,000 euros;
16 ° the offence in article 102, paragraph 2, is punished by an administrative fine of 1,000 to 2,000 euros.
17 ° failure to fulfil obligations regarding the validity of the licence for driver of train, referred to in article 141, is punished with an administrative fine of 2,000 to 4,000 euros;
18 ° the offence in article 130, paragraph 1, is assented to an administrative fine of 500 to 1,000 euros per train driver;
19 ° except where legal or regulatory exceptions provide, failure to comply with obligations concerning certificates of drivers of train infrastructure, material or language skills, as referred

in article 141, is punished with an administrative fine of 2,000 to 4,000 euros;
20 ° the offence in article 135 is punished by an administrative fine of 500 to 1,000 euros.
21 ° the offence in article 136, paragraph 3, is punished by an administrative fine of 500 to 1,000 euros.
22 ° the offence in section 137 is punished by an administrative fine of 1,000 to 2,000 euros;
23 ° the offence in section 139 is punished by an administrative fine of 2,000 to 4,000 euros;
24 ° the offence in article 140 is punished by an administrative fine of 1,000 to 2,000 euros;
25 ° the offence in article 146, paragraph 3, is punished by an administrative fine of 4,000 to 8,000 euros.
26 ° the fact of the fact that the attendant holds a certificate referred to in article 150, § 1, paragraph 1, before it is allowed to carry out critical tasks defined in the same article, is punished by an administrative fine of 2,000 to 4,000 euros;
27 ° non-inclusion by the holder, in violation of article 105, a vehicle in the RNV, with the name of the entity in charge of maintenance, is punished by an administrative fine of 1,000 to 2,000 euros;
28 ° non-disclosure or late communication to the safety authority with the necessary modifications to the RNV referred to in article 105, is punished by an administrative fine of 1,000 to 2,000 euros;
29 ° breach, by the entity in charge of maintenance rules referred to in articles 106 to 109 certification, is punished with a fine of 4,000 to 8,000 euros;
30 ° any obstruction to the exercise of the powers of the investigative body referred to in article 113, is punished by an administrative fine of 4,000 to 8,000 euros.
31 ° not responding within the time allowed for a report of audit, inspection or control on the security rules referred to in section 68 or safety rules concerning the carriage of dangerous goods by rail, or relating to a licence or a certificate of security, is punished with an administrative fine of 500 to 1,000 euros;
32 ° not taking corrective measures within the time allowed after a report of audit, inspection or control on the security rules referred to in section 68 or safety rules concerning the carriage of dangerous goods by rail, or relating to a licence or a certificate of security, is punished with an administrative fine of 2,000 to 4,000 euros;
33 ° does exceed the "immediate intervention" tolerances of track, according to the settings safety basic safety of its Infrastructure, or of not respecting the procedures of security of the TSI control-command and signalling, and EC, more than twice a year, is punished with an administrative fine of 2,000 to 4,000 euros;
34 ° non-payment or late payment of the fees referred to in articles 79, 80, 82, 85, 86 and 87 is punished with an administrative fine of 20 to 500 euros;
35 ° the railway undertaking, the railway infrastructure manager and holder who, by performing an Act, or not an action, give rise to a situation which, by nature, can cause an accident, are sanctioned an administrative fine from 500 to 6,000 euros;
36 ° the railway undertaking, the railway infrastructure manager and holder who, by performing an Act, or not an action, give rise to a situation which, by nature, may cause a serious accident, are sanctioned an administrative fine of 3,000 to 12,000 euros;
37 ° the placing into service of a vehicle before that it is allowed in accordance with article 180 is punished by an administrative fine of 4,000 to 8,000 euros.
38 ° breach of the decision referred to in article 70, § 6, of the present rail Code is punished with an administrative fine of 2,000 to 4,000 euros.
The offences mentioned in the preceding paragraph may also be committed by negligence or lack of foresight.
S. 215 § 1. The King sets, by Decree deliberated in Council of Ministers, breaches of orders taken in execution of the present railway Code which are punished by an administrative fine.
Crimes are divided into three degrees.
Crimes may also be committed by negligence or lack of foresight.
§ 2. First degree offences relate to facts and behaviours that have no impact on the safety of the people and which do not hinder seriously the functioning of the authority of security or investigative body.
The offences referred to in paragraph 1 are sanctioned to a fine of 50 to 1,000 euros.

§ 3. Second degree offences relate to facts and behaviours that have a direct or indirect impact on the safety of persons or which seriously impede the functioning of the authority of security or investigative body.
The offences referred to in paragraph 1 are sanctioned to a fine of 100 to 2,000 euros.
§ 4. Third degree offences relate to the facts and behaviours that are likely to be able to cause an accident or injury serious.
The offences referred to in paragraph 1 shall be punished an administrative fine of 400 to 8,000 euros.
§ 5. The King may fix by order deliberated in Council of Ministers and within the limits of the amounts minimum and maximum provided for in §§ 2 to 4, an amount, or minimum and maximum amounts in case of punishable behaviour of an administrative fine.
To set the level and the level of the penalty, the King takes into account the seriousness of the offences and their proportionality to administrative fines.
S.
216 § 1. In extenuating circumstances, the administrative fine may be reduced, without that it may be lower to: 1 ° 50 euros for first degree crime;
2 ° 100 euros for offences of second degree;
3 ° 200 EUR for the third degree offences;
4 ° the half of the minimum amount of the amounts provided for in article 214.
§ 2. In the case of competition of several offences referred to in articles 214 and 215, all administrative fines shall be cumulative, unless they can however exceed the double of the of the highest administrative fine.
§ 3. The safety authority and the investigative body may provide in their decision to impose an administrative fine if the offender commits more offence for one year, the administrative fine is null and void.

§ 4. §§ 1 to 3 shall apply fully to the use referred to in article 221/3.
§ 5. If the offender is seen to impose an administrative fine under articles 214 and 215, one year after a decision by the authority of security or investigative agency to impose an administrative penalty became final, or one year after the judgment on the appeal against this decision is passed in force of res judicata, the defined minimum amounts in the § 1, article 214 and section 215 §§ 2 to 4, will be doubled.

§ 6. An administrative penalty may be imposed: 1 ° when the repressive judge has already imposed a penalty for the Act in question;
2 ° when the fact in question has already led to an acquittal, to a simple declaration of guilt without penalty to a suspension of the pronouncement of the sentence or a transaction referred to in article 216bis of the Code of criminal procedure.

§ 7. If the alleged offender is prosecuted criminally for facts which are inextricably linked to the fact for which the safety authority intends to impose an administrative fine, the deadlines referred to in this title shall be suspended until the moment where the Criminal Court will be held.

§ 8. Additional decimated referred to in article 1, paragraph 1, of the law of 5 March 1952 on additional decimated on criminal fines also apply to administrative fines referred to in articles 214 and 215.
In their decision, the safety authority and investigative body are the multiplication under the Act of March 5, 1952 and the amount resulting from this increase.
§ 9. The offender fulfils the administrative fine a month after the decision to impose an administrative fine has become final or the judgment on the appeal against this decision is passed in res judicata.
The administrative fine is equivalent to the Treasury.
The offender shall pay the amount to the Administration of the cadastre, registration and domains.
The attendant of the Administration of the cadastre, registration and domains shall inform the authority of security of the payment.
If the offender pays the delayed administrative fine it amount will be increased by full right to the legal interest rate, with a minimum of five percent of the amount of the administrative fine.
The right to collect the administrative fine is prescribed by two years from the date of the last day where the offender should have paid. This period shall be suspended in the case referred to in § 3 of this article.
CHAPTER 3. -Provisions criminal art. 217. § 1. On proposal by the Minister, the King may give the quality officer of judicial police members of the Administration and the safety authority staff and members of the supervisory body responsible for note in the minutes the criminal offences referred to in article 218.
§ 2. In the exercise of their missions, officers referred to the § 1 may: 1 ° enter freely, at any time, any rolling stock or equipment intended for use on infrastructure;
2 °

make all findings, gather information, take statements, present documents, papers, books and objects and enter those that are necessary for searching or finding or necessary to put an end to the infringement.
§ 3. They can carry out surveys between 8 and 18 hours after prior authorization by the investigating judge of the place of the visit: 1 ° at the home of the heads of enterprise, administrators, managers, directors and other members of the staff of the undertaking concerned as well as the home and premises used for professional of natural and legal persons, internal or external, responsible for the business management accountant, administrative, fiscal and financial company;
2 ° at the head office or operation of the undertaking concerned.
§ 4. The minutes of the officers referred to the § 1 are sent to the Prosecutor of the King of the place of the offence.

§ 5. Officers referred to the § 1 may require the security forces for the purposes of carrying out their tasks.
§ 6. Subject to the special laws that guarantee the secrecy of statements, Governments are required to cooperate with judicial police officers in the performance of their tasks.
S. 218. with the exception of offences relating to the reference document of the network, the distribution of capacity, pricing of the infrastructure and the provisions on access and notwithstanding article 110, paragraph 3, breaches of this railway Code and the orders of execution taken on the basis of the rail Code, failure to comply with the decisions taken by the Minister, the security authority and the Narcotics Control except for decisions of this body bearing administrative fine and any obstruction to audits and investigations of these instances, constitute offences punishable by imprisonment from eight days to one year and a fine of 26 euros to 1,500 euros or one of those penalties only without prejudice to damages and interest if there is place.
The provisions of book I of the penal Code are applicable to these offences.
Paragraph 1 applies to the railway undertaking, infrastructure manager and holder who commit an offence punishable by an administrative fine pursuant to section 214 or section 215.
CHAPTER 4. -Verification by the authority of security certification referred to in title 5 s. 219. the safety authority shall ensure that all activities of training, assessment of skills and update licenses of drivers of train and certificates are continuously monitored through a quality standards system. This obligation does not apply to activities already covered by systems of safety management that railway undertakings and the infrastructure manager shall establish in accordance with Title 4, Chapter 3.
S. 220. the safety authority shall ensure that an independent assessment of the procedures for acquisition and assessment of knowledge and skills, as well as drivers for train and certificates licensing system, is conducted every five years and the first time in 2014. These obligations do not apply to activities already covered by systems of safety management that railway undertakings and the infrastructure manager shall establish in accordance with Title 4, Chapter 3. The assessment is carried out by qualified persons who are not themselves involved in the activities in question.
The results of these independent assessments are duly documented and brought to the attention of the safety authority. The safety authority recommends to the Minister the appropriate measures to remedy any deficiency that would have been revealed by the independent evaluation.
S. 221 § 1.
The safety authority may at any time take steps to verify, on board trains on the Belgian network, if train drivers are equipped with documents issued under the rail Code present.
§ 2. Regardless of the audit provided to the § 1, negligence committed in the work, the safety authority may verify if the driver in question meets the requirements set out in article 135, paragraphs 3 and 4.
§
3. The safety authority may conduct investigations concerning the respect of this railway Code and its orders of execution by drivers, railway undertakings, infrastructure manager, examiners and training centres.
§ 4. If the safety authority finds that a driver does not meet one or several requirements, it shall take the following measures: 1 ° whether a train drivers licence issued by the security authority, the Security Authority suspends the licence for train drivers. The suspension is provisional or final depending on the magnitude of the risk created for rail safety.
It shall immediately notify its reasoned decision to the person concerned as well as to his employer. It further States the procedure to follow to retrieve the licence for train drivers;
2 ° if there is a licence issued by a competent authority of another Member State, the safety authority address to that authority a reasoned request for either a further test, or the suspension of the licence for train drivers. The safety authority shall inform the European Commission and the other competent authorities of its reasoned request. The safety authority has the right to prevent a train driver to operate on the Belgian network pending the notification of the decision from the relevant issuing authority.
If the safety authority receives a reasoned request for a licence for train drivers she had issued in turn, considering such application within a period of four weeks and shall notify its decision to the authority which grabbed her. Also in this case, the safety authority informs the European Commission and the other competent authorities of its decision;
3 ° if it is a certificate, the safety authority is addressed to the issuer thereof and request, either a supplementary control, or the suspension of the certificate. The transmitter shall take the necessary measures and inform the safety authority within a period of four weeks. The safety authority may prohibit a train driver to operate on the Belgian network pending information on the part of the issuer. It shall inform the European Commission and the other competent authorities.
The safety authority pronounces for the continuation of its possible prohibition to operate on the Belgian network, within ten days of receipt of the information referred to in paragraph 1, 3 °.
Without prejudice to article 70, § 2 et seq. of the present rail Code, if the safety authority finds that a particular driver is a threat to railway safety, she immediately takes the required provisions, for example ask the railway infrastructure manager to stop the train and prohibiting the driver concerned operating on the Belgian network as long as it will be necessary. It shall inform the European Commission and the other competent authorities of such a decision.
The safety authority shall immediately notify its reasoned decision to the person concerned as well as to his employer, indicating, where appropriate, the conditions and the procedure to follow to retrieve the certificate, without prejudice to the right of appeal provided for in article 142, § 3.
In all these cases, the safety authority updates the register provided for in article 132.
§ 5. If the safety authority considers that a decision taken by a competent authority of another State Member under § 4 does not meet the relevant criteria, the European Commission has before it the issue. The safety authority may retain the ban against a train driver of driving trains on the Belgian in accordance with § 4 territory, until such time as the European Commission has delivered its opinion.
TITLE 8. -Repeals, transitional provisions and final chapter 1.
-Provisions repealing art. 222 are repealed: 1 ° Act of December 4, 2006 on the use of railway infrastructure, as last amended by the law of December 2, 2011;
2 ° Act of 19 December 2006 on the safety of railway operations, as last amended by the Act of December 28, 2011;
3 ° Act of 26 January 2010 on the interoperability of the rail system within the European Community, as amended by the royal decree of 13 November 2011 and by the law of December 2, 2011.
CHAPTER 2. -Provisions transitional art.
223. the proceedings before the competition Council, including the remedies that could be lodged against these decisions, will be continued and completed in accordance with the rules applicable before 2 February 2007.
S. 224. the provisions of title II, chapter V, of the law of 19 December 2006 concerning the safety of railway operations, chapter prior to title II, chapter V, of the same Act, introduced by the Act of 26 January 2010 amending the law of 4 December 2006 concerning the use of the railway infrastructure and the law of 19 December 2006 concerning the safety of railway operations as regards mainly the certification of security personnel and maintenance of vehicles, shall continue to apply until the implementation in

the provisions of title 5 of this rail Code phases. These provisions will be implemented as follows: 1 ° the licences and certificates shall be issued in accordance with the provisions of title 5 of this Code rail train drivers that provide cross-border services, cabotage or transportation of goods in another State member of the communities European, or who work in at least two Member States of the Union European subject to the provisions of article 225, paragraphs 1 and 2.
All train drivers providing the aforesaid services, including those who do not yet have license or certification in compliance with title 5 of this rail Code, are subject to the periodic checks provided for in articles 129 and 137;
2 ° no later than two years after the establishment of the records referred to in sections 132 and 140, all new certificates and licences are issued in accordance with title 5, subject to section 225, paragraphs 1 and 2;
3 ° no later than seven years after the establishment of the records referred to in sections 132 and 140, all train drivers are in possession of licences and comply with the rail Code present certificates. Licensing entities shall take into account all the professional skills already acquired by each train driver, such that this requirement does not lead to administrative and financial burden needless.
Rights to drive granted previously to the driver of train are maintained, to the extent possible.
Issuing entities may nevertheless decide, for a train driver or a group of drivers of train, as the case may be, to examinations and/or additional training are needed to issue the licences and/or certificates under the rail Code present.
S. 225 train drivers authorised to drive in accordance with the provisions which applied prior to the entry into force of article 224, 1 ° or 2 ° can pursue their professional activities on the basis of their rights, for a term of up to seven years after the establishment of the records referred to in articles 132 and 140.
Certification of learner drivers of train which began a teaching and training programme approved or accredited training before the entry into application of article 224, 1 ° or 2 °, is provided in accordance with existing before the entry into force of the Act of 26 January 2010 amending the law of 4 December 2006 on the use of the railway infrastructure and the law of 19 December 2006 concerning the safety of railway operations as regards mainly the certification of security personnel and maintenance of vehicles.
The safety authority, railway undertakings and the rail infrastructure manager shall ensure that periodic checks corresponding to those provided for in articles 129 and 137 are applied progressively to drivers who do not have permits and certificates issued pursuant to Directive 2007/59/EC.
CHAPTER 3. -Provisions finals s. 226. the King can coordinate the provisions of the rail Code and the provisions that would expressly or impliedly amended it at the time where the coordination will be established.
To this end, it may: 1 ° modify the order, numbering and, in general, the presentation of the provisions to coordinate;
2 ° amend the references contained in the provisions to coordinate to put them in line with the new numbering;
3 ° amend the drafting of the provisions to coordinate to ensure consistency and to unify the terminology without that it can be infringed the principles embodied in these provisions.
Coordination will be the following title: "rail Code".
It will enter into force on the date of its confirmation by the Act.
S.
227. the King sets the date of entry into force of the rail Code.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, August 30, 2013.
PHILIPPE by the King: the Minister of the Interior, Ms. J. MILQUET. the Secretary of State for mobility, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013 House of representatives.
Documents. -Bill, 53-2855 - No. 1. -Amendment 53-2855 - No. 2. -Report, 53-2855 - No. 3. -Text adopted by the Commission, 53-2855 - No. 4. -Text adopted in plenary meeting and forwarded to the Senate, 53-2855 - No. 5.
Compte rendu intégral. -17 July 2013.
Senate.
Documents. -Project mentioned by the Senate, 5-2210 - No. 1. -Report 5-2210 - No. 2. -Decision not to amend, 5-2210 - No. 3.
Annals of the Senate. -18 July 2013.

Annex 1 Services provided to railway undertakings 1. The minimum benefits set includes: has) the treatment of requests for railway infrastructure capacity;
(b)) the right to use the abilities granted;
c) the use of the railway infrastructure, including the branches and needles of the network
(d) control of the movement of trains, including signalling, regulation, dispatching and the communication and the provision of information concerning the movement of trains;
e) the use of the electricity supply system for the traction current, as appropriate;
(f) any other information necessary for the implementation or operate the service for which capacity have been granted.
2. access, including access to channels, is provided to service facilities following, where they exist, and the services offered in these facilities: a) passenger terminal, their buildings and other infrastructure, including the display of information on travel and the suitable slots for ticketing services;
(b) freight terminals;
c) marshalling yards and training stations, including the stations of manoeuvre;
d) sidings;
e) maintenance facilities, with the exception of those assigned to heavy maintenance services and are reserved for the trains at high speed or other types of rolling stock material requiring specific facilities;
(f) other technical infrastructure, including cleaning and washing facilities;
g) maritime and inland port infrastructure related to railway operations;
(h) assistance infrastructures);
(i) refueling infrastructure and the supply of fuel in these infrastructures, including the charges are shown separately on invoices.
3. supplementary benefits may include: a) the traction current, whose royalties will be separate invoices, charges for the use of the electricity supply system, without prejudice to the application of the Directive 2009/72/EC;
(b) the preheating of the cars;
(c) tailor-made contracts for:-control of transport of dangerous goods;
-assistance to the movement of special convoys.
4. related benefits may include: has) access to the telecommunications network;
(b) the provision of additional information;
c) the technical inspection of rolling stock;
d) ticket in passenger services;
(e) heavy maintenance services in maintenance facilities reserved for trains at high speed or other types of rolling stock requiring specific facilities.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Annex 2 background paper of the network the network reference document contains the following information: 1. A chapter outlining the nature of the infrastructure which is available to railway undertakings and the conditions of access to this infrastructure.
2. a chapter on the principles of pricing and rates. This chapter contains information appropriate for the pricing system and sufficient information on the fees applicable to the services listed in annex 1 that are provided by a single supplier. It describes in detail the method, regulation and, where appropriate, the scales used for the pricing principles referred to in article 50, §§ 2 and 3 as well as articles 56 to 59. It contains information about changes in charges already decided or planned.
3. a chapter on the principles and criteria for capacity allocation. This chapter exposes the great features of the capacity of the infrastructure made available to railway undertakings and specifies any restrictions that limit the use, and in particular the likely constraints imposed by the maintenance of the network.
It also specifies the procedures and time limits for the allocation of capacity and stops the specific criteria, including: a) the procedures for submitting requests for capacity with the Manager of the infrastructure by the candidates;
b) provisions which applicants must satisfy;
(c) the deadlines for application and distribution procedures;
d) the principles governing the coordination process;
e) procedures to be followed and the criteria to be applied when the infrastructure is saturated;
(f) details of the restrictions on the use of infrastructure;
g) rules concerning the possible taking into account of previous levels of utilisation of capacity to determine priorities in the allocation process.

This chapter details the steps taken to ensure adequate treatment of freight, international services and applications submitted in accordance with the ad hoc procedure services.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Appendix 3 schedule of the distribution process 1. The working timetable is established once per calendar year.
2. the amendments of the schedule of service occur at midnight the second Saturday in December. Where a change or adjustment is operated after the winter, notably to take into account, where appropriate, regional passenger traffic schedule changes, it intervenes at midnight the second Saturday in June as well as, as appropriate, at other times between these dates. Infrastructure managers may agree on different dates, in which case they shall inform the Commission if international traffic is affected.
3. the period of introduction of requests for capacity to be integrated in the working timetable may not exceed twelve months prior to the entry into force of this schedule.
4. no later than eleven months before the entry into force of the working timetable, the infrastructure manager shall establish provisional international train paths in cooperation with other relevant allocation bodies. The infrastructure manager shall ensure insofar as possible that these grooves are respected in the rest of the procedure.
5. no later than four months after the date limit for the submission of tenders by the candidates, the infrastructure manager shall prepare a draft of service schedule.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Annex 4 safety indicators common common security indicators are reported annually by the security authorities. The first notification period deals 2010.
If new facts or errors are discovered after the submission of the report, indicators for a given year are amended or corrected by the safety at the earliest opportunity and at the latest authority during the presentation of the next annual report.
For indicators relating to accidents under heading 1, Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics shall apply insofar as the information is available.
1. indicators relating to accidents 1.1. Total and relative (by kilometre-train) of significant accidents and breakdown by types of following accidents:-collisions of trains, including collisions with obstacles within the template.
-derailments of trains;
-accidents at level crossings, including accidents involving pedestrians;
-accidents to persons caused by rolling stock in motion, with the exception of suicides;
-fires in rolling stock;
-other.
Each significant accident is reported according to the type of accident primary, even if the consequences of the secondary accident are more severe, e.g. a fire following a derailment.
1.2 total and relative (by kilometre-train) number of people seriously injured and killed by type of accident, the categories with the following:-passengers (also in relation to the total number of passenger-kilometres and passenger-kilometres train);
-staff, including the staff of contractors;
-users of level crossings;
-unauthorized within the railway right-of-way;
-other.
2 indicators relating to dangerous goods number total and relative (per kilometre-train) of accidents during the transport of dangerous goods, the categories with the following:-accidents involving at least one rail vehicle carrying dangerous goods such as defined in the Appendix;
-number of accidents of this type involving the release of hazardous substances.
3 indicators total number and relative (by kilometre-train) suicides of suicides.
4 indicators relating to precursors of accidents number total and relative (per kilometre-train) from:-rail breaks.
-track buckles;
-signalling failures contrary to safety;
-dangerous crossing of signal;
-breaks wheels and axle of rolling stock in service.
All precursors shall be notified whether or not they lead to an accident. Precursors that lead to an accident are reported relating to precursors SAIS. If they are significant, accidents are reported in the ISC concerning the accidents referred to in item 1.
5 indicators related to the economic impact of accidents total cost and relative (by kilometre-train), in euros:-number of deaths and serious injuries multiplied by the value of prevention of death or serious injury (Value of Preventing a Casualty, "VPC");
-cost of the damage caused to the environment;
-costs of damage to rolling stock or infrastructure;
-costs of delays as a result of an accident.
Safety authorities shall notify the economic impact of all accidents or the economic impact of significant accidents only. This choice must be clearly indicated in the annual report referred to in article 78.
The VPC is the value that society ascribes to the prevention of death or serious injury and, as such, does not constitute a reference for compensation between the parties involved in an accident.
6 indicators relating to technical infrastructure security and implementation 6.1. Percentage of the channels with a system of automatic protection of trains (ATP) in operation, percentage of train kilometres using operational ATP systems.
6.2. number of level crossings (total per line kilometre and per lane kilometre), the eight categories are the following: a) active crossings with: i) automatic warning on the side of users;
(ii) automatic protection on the side of users;
(iii) protection and automatic warning on the side of users;
(iv) protection and warning automatic side users and protection side rails;
(v) manual warning on the side of users;
(vi) manual protection on the side of users;
(vii) protection and warning manual side users.
(b) passive crossings.
7. indicators relating to the management of safety Internal Audits performed by the infrastructure manager and railway undertakings, as defined in the documentation of the safety management system. Number of audits carried out and percentage of audits required (and/or planned).
8 definitions common definitions of the CSI and common methods of calculation of the economic impact of the accidents are contained in the Appendix.
Appendix Definitions communes of the CSI and common methods of calculation of the economic impact of accidents 1. Indicators relating to accidents 1.1.
'significant accident': any accident involving at least one rail moving vehicle, causing death or serious injury for at least one person or significant harm to the rolling stock, track, other installations or environment, or major traffic disruptions. Accidents in workshops, warehouses and deposits are excluded.
1.2. 'significant damage rolling, pathways, other installations or environment": any equivalent or greater than 150,000 EUR.
1.3 "significant interruptions of traffic': the suspension of rail services on a main railway line for six hours or more.
1.4 "train": one or more railway vehicles hauled by one or more locomotives or railcars, or one railcar travelling alone under a given number or specific designation from an initial fixed point to a fixed point terminal. A high foot, i.e. a single circulating locomotive locomotive, is considered to be a train.
1.5. 'collision of trains, including collisions with obstacles within the template': a frontal, side collision or rear-end between part of a train and part of another train, as well as with: i) the rolling manoeuvre;
(ii) fixed or temporarily present objects on or near the tracks (except those that are at a level crossing if they are lost by a vehicle or a user that runs through the tract).
1.6 "train derailment": any cases in which at least one wheel of a train out of the rails.
1.7 ' accidents at level crossings': accidents at level crossings and involving at least one rail vehicle and one or several vehicles crossing the tracks, others crossing the tracks such as pedestrians and other objects temporarily on or near the track if they are lost by a vehicle or a user traversing routes.
1.8. 'accidents to persons caused by rolling stock in motion': accidents suffered by one or more persons being struck by a rail vehicle or an object that is attached or that come loose. Are included, people who fall from a railway vehicle, as well as persons falling or who are struck by moving objects when travelling in vehicles.
1.9 «fires in rolling stock»: fires and explosions that occur in rail (including their loading) vehicles when they roll between their departure station and their station of arrival, including when they are stopped in the station of departure, in the station, destination or intermediate stops

as during the sorting of wagons.
1.10 "other types of accident": any accident other than those already mentioned (collision of trains, train derailment, accidents at level crossings, persons accidents caused by equipment rolling stock in motion, and fires in equipment rolling stock).
1.11. 'passenger': any person, with the exception of the staff of the train crew, who makes a trip by rail. For accident statistics, passengers trying to embark on board / disembark from a moving train are included.
1.12 "personnel (including sub-contractors and independent contractors)": any person who works in relation to railways and which is in service at the time of the accident.
This includes the train staff and the persons responsible for the handling of rolling stock and infrastructure.
1.13 "level crossings users': any person borrowing a crossing to cross the line of railway by any means of transport or on foot.
1.14 "unauthorized in railway rights-of-way": any person present in the railway rights-of-way, while such a presence is prohibited, with the exception of users of level crossings.
1.15 "others (third parties)": anyone not falling within the "passengers" categories, "staff, including the staff of contractors", "users of crossings" or "unauthorized persons on railway rights-of-way.
1.16 ' death (person killed) ": any person killed immediately or dying within 30 days as a result of an accident, excluding suicides.
1.17 ' injury (seriously injured) ": any person injured who was hospitalised for more than 24 hours following an accident, with the exception of suicide attempts.
2. indicators relating to dangerous goods 2.1.
'accident involving the transport of dangerous goods': any accident or incident that is subject to a declaration in accordance with RID/ADR section 1.8.5.
2.2. 'dangerous goods': substances and articles whose carriage is prohibited by RID be authorized only under the conditions laid down in that RID.
3. indicators 3.1 suicides. "suicide": act committed by any person who is deliberately to be inflicting bodily harm resulting in death, as recorded and classified by the competent national authority.
4. indicators relating to accidents 4.1 precursors. «rail breaks»: any rail that separates into two or into several pieces, or any rail including a piece of metal breaks off, causing a hole of more than 50 mm in length and more than 10 mm of depth to the surface of the rail.
4.2. 'track buckles': defects in the continuum and the geometry of the track, immediately requiring the closure of the track or the reduction of the speed limit to ensure safety.
4.3 «failures against security signalling»: any failure of a system of signalling (infrastructure or rolling stock) which presents a less restrictive than required information.
4.4 ' dangerous signal crossing': any case in which any part of a train beyond his movement allowed.
Unauthorized movement, passing means:-a side light signal or a semaphore closed, an order to stop, when a system of automatic control of trains (ATCS) or ATP system is not operational;
-the end of a movement authorization linked to security in systems ATCS or ATP;
-a point conveyed by verbal or written authorization provided for in the regulations;
-stop (except the knockers) signs or hand signals.
Are not included cases in which vehicles without traction unit or a train No train conductor cross signal closed without permission. Are not included either cases in which, for any reason whatsoever, the signal is not closed early enough to allow the train driver to stop the train before the signal.
The national security authorities may separately notify four points and notify at least a global flag comprising data on the four elements.
4.5 ' wheels and axle breaks": disruption affecting the essential elements of the wheel or axle generating a risk of accident (derailment or collision).
5. common methods of calculation of the economic impact of accidents 5.1. The value of prevention of death or serious injury (VPC) consists of the following elements: 1) the value of the security in itself: values of the willingness to pay (Willingness to Pay, WTP) based on studies preferably declared in the State Member for which they apply;
(2) the direct and indirect economic costs: costs estimated in the Member State which consist of:-medical and rehabilitation;
-legal fees, costs of police, private investigations into accidents, emergency services and costs administrative insurance;
-loss of production: value for the company of the goods and services that could be produced by the person if the accident had not occurred.
5.2. common principles for the evaluation of the value of the security in itself and direct and indirect economic costs: with regard to the value of the security in itself, the determination of whether or not available estimates is based on the following considerations:-the estimates relate to a system of evaluation of the reduction of the risk of mortality in the transport sector and following an approach based on the WTP using stated preference methods.
-sample of respondents used for values is representative of the population concerned. The sample must reflect the distribution of the age and income and other socio-economic or demographic characteristics relevant to the population;
-the method to get values of WTP: the study is designed so that the issues are clear and meaningful to respondents.
Direct and indirect economic costs are estimated on the basis of the actual costs borne by the company.
5.3 ' costs of damage to the environment': the costs that must be borne by railway undertakings or the infrastructure manager, assessed on the basis of their experience, to restore the damaged area in the State where it was before the railway accident.
5.4 ' costs of damage to rolling stock or infrastructure': the cost of the provision of new rolling stock and the new infrastructure with the same features and technical parameters as those irreparably damaged, and the cost of delivery of the rolling stock or repairable infrastructure in the State they were in before the accident.
These two costs are estimated by the railway undertakings or the Manager of the infrastructure on the basis of their experience. These costs also include costs associated with the lease of rolling stock as a result of the unavailability of the damaged vehicles.
5.5 ' costs of delays an accident': the value monetary delays incurred by users of rail transport (passengers and freight customers) as a result of accidents, calculated according to the following pattern: VT = monetary value of earnings of time value time for a passenger train (per hour);
VT P = [VT of passengers travelling for work] * [average percentage of passengers travelling for work per year] + [VT for passengers not travelling for work] * [average percentage of passengers not travelling for work per year] VT measured in euro per passenger and per hour value of the time for a train of goods (per hour) VT F = [freight trains VT] * [(tonne-km) /(km-train)] VT measured in euros per tonne of cargo and hour Tonnage average of the goods transported by rail per year = (tonne-km) /(km-train) C M = cost of one (1) minute delayed a train TRAIN of passengers C MP = K 1 *(VT P /60) * [(passager-km) /(km-train)] average number of passengers per train per year = (passenger-km) /(km-train) TRAIN of goods C MF = K 2 * (VT F 60) K 1 and K 2 are located between the value time and the delay value as estimated by preferably reported studies, in order to take into account that lost time as a result of delays is perceived much more negatively than the normal duration of the journey.
Cost of delays an accident = C MP *(minutes de retard deles de trains de passagers) + C MF *(minutes de retard deles de trains de marchandises).
Scope of the model.
The costs of delays are calculated for all accidents, whether they are significant or not.
Delays are calculated as follows:-real delays on rail lines where the accident occurred;
-actual delays or, Alternatively, delays estimated on the other rows affected.
6 indicators relating to technical infrastructure security and implementation 6.1.
'trains (ATP) automatic protection system': System which forced to respect the signals and speed limits by speed control, including the automatic stop at signals.
6.2 passage to level: any level intersection between the railway and a passage, such as recognized

by the Manager of the infrastructure, and open to public or private users. The passages between station platforms are excluded, as well as the passages of lanes reserved for the sole use of the staff.
6.3 ' passage': any road, street or public highway or private, including the paths and cycle tracks, or any other way allowing the passage of persons, animals, vehicles or machines.
6.4 «active level crossing»: level crossing where the users of the crossing are protected or warned of the approach of a train by the activation of devices when it is dangerous for the user to cross the tracks.
-Protection by means of physical devices:-semi-barrieres or full barriers;

-portals.
-Warning by means of fixed equipment installed at level crossings:-visible devices: lamps;
-audible devices: bells, sirens, horns, etc.;

-physical devices, such as speed bumps causing vibrations.
Active crossings are classified as follows: 1) "level crossing with automatic protection and warning on the side of the passage users: level crossing where the protection or warning are activated by the approach of the train.
These crossings are classified as follows: i) automatic warning on the side of users;
(ii) automatic protection on the side of users;
(iii) protection and automatic warning on the side of users;
(iv) protection and warning users, and protection side rails.
«protection side rails ": a signal or any other system of protection of trains, allowing the train to continue only if the level crossing ensures the protection of users and it is free of obstacles. to this end, it uses means of monitoring / detection of obstacles.
2) "level crossing with manual warning and protection on the side of the passage users: level crossing where the protection or warning are activated manually and where there is no railway signal interlocking indicating the train may not continue when the protection and/or the level crossing warning are enabled.
These crossings are classified as follows: i) manual warning on the side of users;
(ii) manual protection on the side of users;
(iii) protection and warning manual side users.
6.5 ' passive crossing": level crossing without any form of system warning or protection activated when it is dangerous for the user to cross the tracks.
7 safety 7.1 management indicators. 'audit': systematic, independent and documented process for obtaining evidence and their objective assessment to determine the extent to which audit criteria are met.
8 definitions of 8.1 calibration bases.
"km-train": unit of measurement representing the movement of a train over one kilometre. The distance used is the distance actually travelled, if available; otherwise, the standard network distance between origin and destination is used. Only the distance travelled on the national territory of the reporting country is taken into account.
8.2 ' passenger-km': unit of measure representing the transport of one passenger by rail over a kilometre. Only the distance travelled on the national territory of the reporting country is taken into account.
8.3 «km of line»: length in kilometres of the rail network of the Member States, whose scope is defined in article 2. In relation to the railway lines in several ways, only the distance between the starting point and the destination point is taken into account 8.4. «km of track»: length in kilometres of the rail network of the Member States, whose scope is defined in article 2. Each track of a railway line in several ways is taken into account.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Annex 5 1 safety management systems. Requirements applicable to the system of the safety management system safety management must be documented in all its parts and particular describe the distribution of responsibilities within the Organization of the railway undertaking or infrastructure manager. It indicates how management controls at different levels of the Organization, how staff and their representatives on all levels are involved and how continuous improvement of the safety management system is ensured.
2. Elements of the safety management system.
2.1. the essential elements of the safety management system are the following: a) a safety policy approved by the Manager of the Organization and communicated to all staff;
(b) qualitative and quantitative objectives of the Organization for the maintenance and improvement of safety as well as the plans and procedures intended to achieve these objectives;
(c) procedures to meet the technical and operational standards existing, new, and modified or other defined requirements:-in TSIs, or - in the national rules referred to in article 68 and in annex 5, or - in other relevant rules, or - in the decisions of the authority and of the procedures to ensure compliance with these standards and other requirements throughout the lifecycle of equipment and activities;
(d) procedures and methods for evaluation of risk and implementation of risk control measures whenever that a change in operating conditions or the introduction of new equipment includes new risks for the infrastructure or operation;
(e) programs of training of staff and systems to ensure that the skills of the staff are kept and that the tasks to be carried out accordingly;
(f) provisions guaranteeing sufficient information within the organisation and, where appropriate, between organisations operating on the same infrastructure;
(g) procedures and formats for documentation of security information and the determination of the procedure for controlling the configuration of vital safety information;
(h) procedures to ensure that accidents, incidents occurred or near misses and other dangerous occurrences are reported, investigated and analysed and that necessary preventive measures are taken;
(i) action plans, warning and emergency information, adopted in agreement with the competent authorities;
(j) provisions for a regular internal audit of the safety management system.
2.2. the other elements of the safety management system are as follows: internal, complementary rules to the rules of security referred to in article 68, § 4, of which some are part of the essential elements of the safety management system and national. The requirements relate in addition to the essential elements referred to in point 2.1, all security directives addressed to the staff.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Appendix 6 content of accident investigation reports and incidents (1) summary the summary contains a brief description of the event, with indication of the date, place and consequences. It sets out the direct causes as well as the factors that have contributed to the event and the underlying causes established by the investigation. The main recommendations are shown, as well as information on the recipients of these recommendations.
(2) FACTS IMMEDIATE TO THE EVENT 1.
The event:-date, exact time and place of the event;
-description of the circumstances and the site of the accident, including efforts to emergency and rescue services;
-decision to open an investigation, composition of the investigation team and the survey.
2. the circumstances of the event:-staff and contractors involved and other parties and witnesses;
-the trains and their composition, as well as the registration number of the rolling stock involved;
-the description of the infrastructure and signalling system - types, switches, interlocking, signals, train protection;
-means of communication;
-the work carried out on site or near;
-trigger of the railway emergency plan and its chain of events;
-trigger of the emergency plan of the public services of emergency, police and medical services and its chain of events.
3 casualties, people injured and property damage:-passengers and third, staff, including contractors;
-cargo, luggage and other property;
-rolling stock, infrastructure and environment.
4 external circumstances:-weather conditions and geographical references.
(3) RECORD OF INVESTIGATIONS AND INQUIRIES 1. Summary of testimonies (subject to protection of the identity of the persons):-railway staff, including contractors;
-other witnesses.
2. the safety management system:-organizational framework and how orders are given and carried out;
-requirements applicable to personnel and how compliance is ensured;
-control and internal audit routines and their results;
-interface between different actors on the infrastructure.
3. rules and regulations:-rules and public regulatory community and national applicable;
-other rules such as operating rules, local instructions, requirements for personnel, maintenance prescriptions and applicable standards.
4. operation of

equipment rolling stock and technical installations:-System signaling and control, including records from automatic data recorders.
-infrastructure;
-communications equipment;
-rolling stock, including records from automatic data recorders.
5. documentation of the operating system:-measures taken by staff for traffic control and signalling;
-Exchange of verbal messages in connection with the occurrence, including documentation from recordings;
-measures taken to protect and safeguard the site of the event.
6 interface man-machine-organization:-working time of staff involved;
-circumstances medical and personal who influenced the occurrence, including existence of physical or psychological stress;
-design of equipment with impact on man-machine interface.
7 past events of a similar nature.
(4) ANALYSIS AND CONCLUSIONS 1. Final report of the chain of events:-establishment of the findings concerning the event, on the basis of the facts established in point.
2. discussion:-analysis of the facts established in point (3) in order to draw conclusions on the causes of the event and the effectiveness of the emergency services.
3. conclusions:-immediate and indirect causes of the event, including the factors that have contributed to the event and related to actions taken by persons involved or the condition of rolling stock or technical installations;
-underlying causes relating to skills, procedures and maintenance;
-root causes relating to the regulatory framework conditions and application of the safety management system.
4. additional comments:-deficiencies and shortcomings established during the investigation, but without impact on the conclusions on causes.
(5) actions that have summer taken - record of measures already taken or adopted as a result of the event.
(6) recommendations seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Annex 7 events to communicate by railway undertakings, the railway infrastructure manager and, where appropriate, the authority in accordance with article 93, § 1 1.
serious accidents;
2. accidents and incidents which under slightly different circumstances, could lead to serious accidents, including technical failures at the level of the structural subsystems or of interoperability constituents of the trans-European high-speed or conventional rail system;
3. leakage or risk of a hazardous materials leak causing the evacuation of the premises and the onset of the response plan at the municipal, provincial or federal State level;
4. any event involving a total interruption of railway traffic on a line for a period estimated at at least two hours.
Seen to be annexed to the Act of August 30, 2013.

Annex 8 medical requirements 1. General requirements 1.1. Train drivers should be subject to no pathology or follow any medical treatment or take drugs or substances which are likely to cause:-sudden loss of consciousness;
-a reduction in attention or concentration;
-a sudden incapacity;
-a loss of balance or coordination;
-significant limitation of mobility.
1.2 vision the following vision requirements must be met:-acuity by far, with or without correction: 1.0 with at least 0.5 for the less efficient eye;
-maximum corrective lenses: hypermetropia: + 5/myopia:-8. Derogations are allowed in exceptional cases and after consultation with a specialist in the eye. The doctor then takes the decision;
-near vision and intermediate: sufficient, she either assisted or not;
-contact lenses and glasses are allowed if they are periodically checked by a specialist;
-normal colour vision: use of a recognised test, such as the Ishihara, supplemented by another recognised test if required;
-field of vision: full;
-vision for both eyes: effective;
not required when person has adequate adaptation and acquired a capacity of adequate compensation. Only in the case where the person concerned has lost binocular vision while he already exercised its functions;
-binocular vision: effective;
-recognition of colour signals: the test shall be based on the recognition of particular colours and not on relative differences;
-sensitivity to contrasts: good;
-absence of progressive disease of the eye;
-ocular implants, keratotomies and the keratectomies are allowed on condition that they are checked annually or at intervals decided by the physician;
-glare resistance capacity;
-coloured contact lenses and Photochromatic lenses are not allowed. Equipped with a UV filter lenses are allowed.
1.3 requirements for hearing and verbal expression sufficient hearing confirmed by an audiogram, i.e.: – hearing good enough to conduct a telephone conversation and be able to hear the warning sounds and radio messages.
The following values are provided for guidance:-the hearing deficiency must not be higher than 40 dB at 500 and 1 000 Hz;
-the hearing deficiency must not be higher than 45 dB at 2 000 Hz for the ear with air conduction of sound less good;
-absence of anomaly of the vestibular system;
-absence of a chronic disorder of the language (because of the need to exchange messages to high and intelligible voice);
-acoustic devices are allowed in special cases.
1.4 pregnancy in the event of poor tolerance or pathological condition, pregnancy must be considered to be a temporary exclusion of train drivers cause. The legal provisions protecting pregnant drivers must be applied.
2. minimum content of the examination before assignment 2.1. Medical examinations: – general medical examination;
-examinations of sensory functions (vision, hearing, colour perception);
-analysis of blood or urine, particularly concerning the detection of diabetes mellitus, insofar as they are necessary to assess the fitness of the candidate;
-electrocardiogram (ECG) at rest;
-search of psychotropic substances such as illicit drugs or psychotropic, and alcohol abuse medication involving the ability to perform the function;
-Cognitive: attention and concentration, memory, perception ability, reasoning;
-communication;
-psychomotor skills: speed of reaction, gestural coordination.
2.2 psychological examinations on professional psychological professionally examinations designed to provide assistance to the level of the assignment and management of staff. In the determination of the content of the psychological evaluation, the review will be to check that the trainee driver of train does not occupational psychological deficiencies, in particular at the level of operational skills, or a factor affecting his personality, likely to jeopardize the fulfilment of its tasks safely.
3. periodic examinations after assignment 3.1. Frequency of medical examinations medical examinations (physical fitness) are carried out all three years at least until the age of 55 years, then every year.
This frequency should be increased by the person or the body recognised under article 142, 9 °, if the State of health of the Member of staff so requires.
Without prejudice to article 137, paragraph 1, an appropriate medical examination is conducted if there is a reason to believe that the holder of the licence or certificate no longer meets the medical requirements set out in point 1 of this annex.
Physical fitness is checked regularly and after any occupational accident as well as after any interruption of work due to an accident involving persons. The person or the body recognised under article 142, 9 °, may decide to carry out an additional appropriate medical examination, particularly after a period of absence of at least thirty days due to illness. The employer must apply to the person or to the body recognised under article 142, 9 °, verify physical fitness of the driver of train if brought to raise duties for security reasons.
3.2 minimum content of the periodic medical examination if the train driver complies with the criteria required for the examination which is carried out before appointment, periodic examinations must include at least:-a general medical examination;
-an examination of sensory functions (vision, hearing, colour perception);
-analysis of blood or urine for the detection of diabetes and other diseases on the basis of the indications of the clinical examination;
-looking for drugs if there are clinical indications in this sense.
In addition, for older train drivers over 40 years, the ECG at rest is also required.
3.3 frequency of psychological examinations psychological are conducted every ten years.
In the determination of the content of the psychological evaluation, the review will be to check that the train driver does not occupational psychological deficiencies, in particular at the level of operational skills, or a factor affecting his personality, likely to jeopardize the fulfilment of its tasks safely.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.


Annex 9 training method should be a good balance between the theoretical (classroom and demonstrations) and practical training (work experience in real conditions, conducted under and unattended on channels that are blocked for the purpose of training).
Computer-assisted training is authorized for individual learning of the operating rules, signalling situations, etc.
Although optional, the use of simulators can be useful for effective training of train drivers. They are particularly useful for training in abnormal working conditions or rules that are rarely applied. They have the advantage to allow train drivers to learn by practice to respond to situations that cannot be trained in reality. In principle, simulators of the latest generation must be used.
With regard to the acquisition of knowledge about routes, must be the approach which consists in that the train driver accompanies another driver of train for an appropriate number of journeys on the relevant route, by day as by night. Another form of learning among others is to use video recordings of routes since the train driver's cab.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Annex 10 General professional knowledge and requirements regarding the licence general training objective:-the acquisition of the knowledge of railway techniques and procedures associated with it, including safety principles and philosophy on which rests on the exploitation rules.
-acquisition of knowledge of risks associated with railway operations and the different means to control them, and the procedures related;
-acquisition of knowledge of the principles of one or several modes of rail operations and procedures related;
-the acquisition of the knowledge of trains, their constituent elements and technical requirements to traction units, wagons, cars and to the rest of the rolling, and procedures that are linked.
In particular, the train driver must be able:-to assess the requirements of the profession of train driver, the importance of this profession and its constraints on both professional and private (extended periods of work, lack of the family home, etc.);
-to apply the rules relating to the safety of the personnel;
-to identify rolling stock;
-know a working method and apply it rigorously.
-to determine the reference and application documents (Manual of procedures and manual of lines as defined in Decision 2008/231/EC of the Commission on 1 February 2008 concerning the technical specification of interoperability relating to the operation subsystem of the trans-European high-speed rail system referred to in article 6, paragraph 1, of Directive 96/48 / EC repealing Decision 2002/734 / EC) ", as amended by the Decision of the Commission on July 23, 2012, the train driver's manual, manual troubleshooting, etc.);
-to acquire behaviors consistent with the exercise of decisive responsibilities for security;
-to determine the procedures to be applied in the event of accident affecting persons;
-to discern the risks related to railway operations in general;
-to know the different principles governing the safety of traffic;
-to apply the basic principles of electrical engineering.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Annex 11 professional knowledge relating to rolling stock and requirements regarding the certificate after completing specific training on rolling stock, the train driver must be able to perform the following tasks.
1 tests and verifications prescribed before the train driver must be able to:-collect the documentation and the necessary equipment;
-to check the capacities of the traction unit;
-to verify the information contained in the documents on board the traction unit;
-to ensure, by performing the checks and tests prescribed, that the traction unit is capable to provide the necessary tractive effort and that safety equipment functioning;
-to check that the prescribed protection and safety equipment are in place and work when the relay traction and at the beginning of the journey;
-routine preventive maintenance operations.
2. knowledge of rolling stock to operate a locomotive, the train driver must know the organs of control and indicators placed at its disposal, in particular those concerning:-traction;
-braking;
-traffic safety-related elements.
To identify and locate an anomaly on hardware running, report it and determine repairs to perform and, in some cases, intervene himself, he must know:-mechanical structures.
-the bodies of suspension and liaison;
-the rolling bodies;
-safety equipment;
-fuel tanks, fuel, the exhaust supply devices;
-the marking device, contained inside and outside of the rolling stock, including the symbols used for the transportation of dangerous goods;
-the routes and registration systems;
-systems electric and pneumatic;
-the current collection bodies and equipment high voltage;
-means of communication (ground-train radio, etc.);
-the organisation of routes;
-the constituent elements of the rolling stock, their role and the devices to the towed equipment, including system stop the train by upgrading to the atmosphere of the brake line;
-braking parts;
-the traction-specific elements;
-traction chain, motors and transmission.
3 the driver of train brake tests must be able to:-check and calculate, before departure, if the train braking power corresponds to the braking power required for the line as specified in the vehicle documents;
-to check the functioning of the various elements of the device of the traction unit and train braking, if necessary, before moving, at the start and during the market.
4. type of market and speed limit of the train on the basis of the characteristics of the line the train driver must be able:-to review the information provided before departure;
-to determine the type of market and speed limit train based on parameters such as speed limits, weather conditions or any change in the posting.
5 control of the conduct of the train so as to not degrade installations or rolling the train driver must be able to:-use the set of control devices that are at its disposal in accordance with the applicable rules;
-to start the train within the constraints of adhesion and power;
-to use the brake for slowdowns and stops, taking account of rolling stock and facilities.
6 anomalies the train driver must:-be able to be attentive to unusual occurrences concerning the conduct of the train;
-being able to inspect the train and identify signs of anomalies, distinguish, react according to their relative importance and try to remedy this, by promoting, in all cases, the safety of rail traffic and persons;
-know the available means of protection and communication.
7 incidents and accidents, fires and accidents affecting persons the train driver must:-be able to take measures of protection and alert accident affecting persons aboard the train.
-be able to determine whether the train is transporting hazardous materials and to recognize them on the basis of the documents of the train or the list of cars;
-knowing the evacuation of a train in an emergency procedure.
8. conditions of recovery of market after an incident involving rolling after an incident, the train driver must be able to assess whether the equipment may continue to run and under what conditions, so as to communicate as soon as possible these conditions to the infrastructure manager.
The train driver must be able to determine whether to proceed with expertise before the train resumed its route.
9 immobilization of the train the train driver must be able to take the necessary measures to ensure that the train, or parts thereof, does not put on the move unexpectedly, even in the most difficult situations.
In addition, the train driver must know measures to stop a train, or parts thereof, where it started to get moving unexpectedly.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Annex 12 professional knowledge about infrastructure and requirements regarding the certificate matters relating to infrastructure 1.
The driver of train brake tests must be able to check and calculate, before departure, that the train braking power corresponds to the braking power required for the line, as specified in the vehicle documents.

2. type of market and speed limit depending on the characteristics of the line the train driver must be able:-to take note of the information provided, such as limitations on speed or any change in signalling;
-to determine the type of market and speed limit train according to the characteristics of the line.
3 knowledge of the line the train driver must be able to anticipate and respond in a manner appropriate in terms of security and other benefits, such as punctuality and economic elements. As a result, it must have a good knowledge of lines and travelled rail facilities and any other route agreed.
The following elements are important:-operating conditions (track changes, movement in one direction, etc.);
-the verification of the route and the consultation of the relevant documents;
-determination of airway usable for a mode of operation given;
-the applicable traffic rules and the meaning of the signalling system;
-the operating regime;
-the system of cantonment and the rules;
-the name of the stations as well as the position and tracking remotely from the railway stations and posts of referral, in order to adapt driving accordingly;
-transition signalling between different operating systems or power supply;
-speed limits for different categories of trains led by the agent;
-topographical profiles;
-particular braking conditions such as those applicable to the lines at steep slopes;
-the characteristics of operation: signals or specific panels, conditions, etc. 4. Safety rules the train driver must be able to:-put the bandwagon that the required conditions are fulfilled (timetable, agenda or starting signal, opening of the signals if necessary, etc.);
-to observe the signalling side and cabin, the decode without hesitation or error and perform the prescribed actions;
-to drive the train safely, in line with the specific modes of operation: steps special order, temporary speed restrictions, traffic in the opposite direction, crossing permit signal closed in case of emergency, maneuvers, rotations, traffic on road construction, etc.;
-to respect the decisions set out in the schedule and the additional stops, and to carry out, if necessary, additional transactions to serve passengers during these stops, including the opening and closing of the doors.
5 conduct of the train the train driver must be able:-to know at any time its position on the line it travels;
-to use the brakes to slow downs and stops, taking account of the rolling stock and facilities;
-adjust the market of the convoy in accordance with the schedule and the potential energy saving instructions, taking into account the characteristics of the traction unit, the train, the line and the environment.
6 anomalies the train driver must be able:-to be attentive, insofar as train driving permits unusual events concerning the infrastructure and the environment: signals, track, energy supply, level crossings, approaches of the highway, other material in circulation;
-to evaluate the distance of avoidance of obstacles;
-to communicate to the Manager of the infrastructure as soon as possible, the location and the nature of the deficiencies found, sure to be well understood by his interlocutor;
-taking into account the infrastructure, ensure the safety of traffic and persons, or take measures to guarantee, as necessary.
7 incidents and accidents, fires and accidents affecting persons the train driver must be able:-to take steps to protect the train and seek assistance in case of accidents affecting persons;
-to determine the place of the train stopped following a fire and facilitate the evacuation of the passengers if necessary;
-to communicate, as soon as possible, information on the fire if he cannot master it himself;
-to communicate, as soon as possible, these conditions to the infrastructure manager;
-to assess whether the infrastructure allows the vehicle to continue to run and under what conditions.
8 language tests of train drivers that need to communicate with the infrastructure manager on critical issues for security must have language skills in the specified language. This knowledge must allow it to communicate actively and effectively in routine, problematic situations and emergency situations.
Train drivers should be able to use the messages and communication method specified in Decision 2008/231/EC of the Commission on 1 February 2008 concerning the technical specification for interoperability relating to the subsystem operation of the trans-European high-speed rail system referred to in article 6, paragraph 1, of Directive 96/48/EC of the Council repealing Decision 2002/734/EC as amended by the decision of the Commission on July 23, 2012. It must be able to communicate according to level 3 of the following table: level of language and communication oral ability in a language can be divided into five levels: level - Description: 5 may adapt its way of speaking based on the caller, can put forward an opinion, can negotiate, can convince, can give a hint.
4 can cope with totally unforeseen situations, can make assumptions, can express an opinion supported by arguments.
3 can cope with practical situations involving an unforeseen element can make a description, can participate in a simple conversation;
2 can cope with simple practical situations, can ask questions, can answer questions;
1 can speak using phrases learned by heart.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Annex 13 frequency of examinations the minimum frequency of examinations is as follows: a. linguistic knowledge (only in the case where it is not the mother tongue of the person concerned): every three years or after any absence of more than one year;
b. knowledge of infrastructure (including routes and operating rules): every three years or after any absence of more than one year on the relevant route;
c. knowledge of rolling stock: every three years.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Annex 14 scope of application 1. Conventional rail system 1.1.
Network system trans-European conventional rail will be the conventional lines of the trans-European transport network identified in Decision No 1692/96/EC.
For the purposes of this rail Code, this network may be subdivided into the following categories:-lines intended for passenger traffic;
-lines intended for mixed traffic (passengers and goods - lines specially designed or upgraded for freight traffic);
-nodes "passengers";
-nodes 'goods', including intermodal terminals;
-connection between the above way.
This network includes traffic management systems, localization and navigation, technical facilities of processing of data and telecommunications intended for long-distance passenger transport and the transport of goods on the network in order to guarantee the safe and harmonious network operation and efficient management of traffic.
1.2 vehicles the conventional trans-European rail system includes all vehicles likely to travel on all or part of the trans-European conventional rail network, including:-the trains self-propelled motor thermal or electric;
-the engines thermal or electric traction motor;
-passenger cars;
-freight wagons, including vehicles designed for the transport of trucks.
Construction and maintenance of mobile railway infrastructure equipment may be included.
Each of the above categories is subdivided into:-vehicles for international use;
-vehicles for national use.
2 high speed 2.1 trans-European rail system. Network system trans-European high speed rail is the high-speed of the trans-European transport network identified in Decision No 1692/96/EC.
High-speed lines include:-lines specially built for high speed, equipped for speeds generally equal or greater than 250 km/h;
-lines specially upgraded for high speed, equipped for speeds of the order of 200 km/h;
-lines specially upgraded for high-speed specific character due to topographical constraints, terrain or urban environment, including the speed must be adapted case by case. This category includes also the interconnection lines between the high-speed and conventional networks, stations crossings, accesses to terminals, depots, etc., which are travelled at conventional speed by "high-speed" rolling
This network includes the systems of traffic management, localization and navigation, technical installations processing of data and telecommunications provided

for transport on these lines in order to guarantee the safe and harmonious network operation and efficient management of traffic.
2.2 vehicle system high-speed rail includes vehicles designed to travel:-either on lines specially built for high speed, at a speed of at least 250 km/h, while allowing, in appropriate circumstances, to reach speeds exceeding 300 km/h;
- either on the lines mentioned in point 2.1, where compatible with the performance levels of these lines at speeds of the order of 200 km/h.
In addition, vehicles designed to operate at a maximum speed of less than 200 km/h which are likely to travel on all or part of the trans-European high-speed rail network, when this is consistent with the levels of this network performance, satisfy the conditions which guarantee safe operation on this network. To this end, the TSIs for conventional vehicles also specify the necessary requirements for safe operation of conventional vehicles on networks at high speed.
3. compatibility of the European rail system the quality of rail transport requires among other excellent compatibility between the characteristics of the network (in the broad sense of the term, i.e. including the fixed parts of all the subsystems concerned) and those of the vehicles (including the parties onboard of all the subsystems concerned).
This compatibility depends on the levels of performance, security, quality of service and cost.
4. extension of the scope 4.1. Subcategories of networks and vehicles the scope of the TSIs is gradually extended to all of the rail system, as indicated in article 8 of Directive 2008/57/EC. In order to ensure the effectiveness of interoperability terms the costs, new subcategories may, where appropriate, be developed for all categories of networks and vehicles referred to in this annex. If appropriate, the functional specifications and techniques referred to in article 5, paragraph 3 of Directive 2008/57/EC, may differ according to the subcategory.
4.2 safeguards costs costs/benefit analysis of the proposed measures will take particular account of the following elements:-the cost of the proposed measure;
-the benefits for interoperability of an extension of the scope to some subcategories of networks and vehicles;
-the reduction of the capital costs through economies of scale and the best use of vehicles;
-reduction of expenditure on investment and costs of maintenance/operating thanks to increased competition between manufacturers and undertakings entrusted with the maintenance;
-the beneficial effects on the environment, through technical improvements of the rail system;
-the improvement of the operating safety.
In addition, this assessment will indicate the likely impact for all the operators and economic stakeholders.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Annex 15 subsystems 1. List of subsystems for the purposes of this rail Code, the system constituting the rail system can be subdivided according to the following subsystems, corresponding: has) either structural areas:-infrastructure;
-energy;
-control-command and signalling on the ground;
-control-command and signalling on board;
-rolling stock;
(b) or in areas of functional nature:-operation and traffic management;
-maintenance;
-telematics services of passengers and freight service.
2. description of the subsystems for each subsystem or part of a subsystem, the list of constituents and aspects relating to interoperability is proposed by the Agency in the preparation of the relevant draft TSI. Without prejudice to the determination of these aspects and interoperability constituents, or the order in which subsystems will be subject to the STI, the subsystems include the following: 2.1. Infrastructure running track, devices of tracks, engineering structures (bridges, tunnels, etc.), associated infrastructure in the stations (platforms, zones of access, including the needs of persons with reduced mobility, etc.), safety and protective equipment.
2.2 energy the electrification system, including the air and equipment on the ground of the system of measurement of electricity consumption.
2.3 control-command and signalling to the ground all the necessary equipment on the ground to ensure security, the command and control movements of trains authorised to travel on the network.
2.4 control-command and signalling on board all the equipment on board necessary to ensure safety, the command and control movements of trains authorised to travel on the network.
2.5 operation and traffic management procedures and related equipment to ensure the operation of the different structural subsystems, both during normal as when operating degraded, including in particular the composition and the conduct of trains, planning and traffic management.
Professional qualifications required for the realization of cross-border services.
2.6. telematics in accordance with annex 14, this subsystem consists of two parts: a) applications for passenger services, including systems of information for passengers before and during the journey, reservation and systems of payment, management of baggage, the management of connections between trains and with other modes of transport;
(b) applications at the service of freight, including information systems (real-time and goods trains tracking), sorting and allocation systems, reservation systems, payment and billing, management of connections with other modes of transport, the production of accompanying documents electronic.
2.7 rolling stock structure, the system of command and control of all the equipment of the train, the capture devices of electric power, traction and equipment of energy transformation, the on-board equipment for measuring the consumption of electricity, brakes, clutch, running gear (bogies, axles, etc.) and suspension, doors, man/machine (train driver interfaces other personal edge ensuring critical tasks for safety, passengers, the needs of persons with reduced mobility), passive or active safety devices, the devices necessary for the health of passengers and on-board staff.
2.8 maintenance procedures, equipment related, logistics centres for maintenance, the reserves to ensure corrective and preventive maintenance operations provided for mandatory to ensure the interoperability of the rail system and guarantee the performance required.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Annex 16 essential requirements 1.
General requirements 1.1. Security 1.1.1. The design, construction or manufacturing, maintenance and monitoring of safety-critical components and, more specifically, elements participating in the movement of trains must guarantee safety at the level corresponding to the aims laid down for the network, including in the degraded situations.
1.1.2. the parameters involved in the wheel / rail contact must meet the stability criteria of working capital necessary to ensure a safe at the maximum authorised speed movement. The parameters of brake equipment must enable Shutdown on a given to the allowable maximum speed braking distance.
1.1.3. the components used must withstand normal or exceptional stresses specified during their period of service. Their accidental failures must be limited in their impact on safety by appropriate means.
1.1.4. the design of fixed installations and rolling stock and the choice of the materials used must be aimed at limiting the production, propagation and effects of fire and smoke in case of fire.
1.1.5. devices intended to be operated by users shall be designed so as to not compromise the safe operation of the devices or the health and safety of consumers using predictable but not in accordance with the instructions.
1.2 reliability and availability the monitoring and maintenance of fixed or movable elements participating in the movement of trains must be organised, carried out and quantified so as to maintain their function under the conditions laid down.
1.3 Health 1.3.1.
Materials likely, in their manner of use, endangering the health of persons having access should not be used in trains and railway infrastructure.
1.3.2. the choice, implementation and use of these materials should aim to limit the emission of fumes or gases harmful and dangerous, particularly in the case of fire.
1.4 1.4.1 environmental protection.
The impact on the environment of the establishment and operation of the rail system must be assessed and taken into account in the design of the system according to the Community provisions in force.
1.4.2. the materials used in the trains and infrastructures must

prevent the emission of fumes or gases harmful and dangerous to the environment, particularly in the case of fire.
1.4.3. the rolling stock and energy-supply systems must be designed and manufactured to be electromagnetically compatible with the installations, equipment and public or private networks with which they might interfere.
1.4.4. operation of the rail system must comply with the regulatory levels of noise.
1.4.5. operation of the rail system must not be initially, in the ground, a unacceptable vibration level for activities and midfielder crossed near the infrastructure and in a normal state of maintenance.
1.5 technical compatibility the technical characteristics of the infrastructures and fixed installations must be compatible with each other and with those of trains travel on the rail system.
Where compliance with these characteristics proves difficult in some parts of the network, temporary solutions, ensuring future compatibility, can be implemented.
1.6 accessibility 1.6.1. The subsystems "infrastructure" and "rolling" must be accessible to persons with disabilities and persons with reduced mobility, so as to ensure access on the basis of equality with others by the prevention or elimination of obstacles and by other appropriate measures. This includes the design, construction, renewal, redevelopment, maintenance and operation of the relevant elements of the subsystems to which the public has access.
1.6.2. the subsystems 'exploitation' and 'telematics applications in the service of travellers' should offer the features necessary to facilitate the access of disabled persons and persons with reduced mobility on the basis of equality with others, by the prevention or elimination of obstacles and by other appropriate measures.
2. requirements specific to each subsystem 2.1. Infrastructure 2.1.1. Safety of the appropriate steps must be taken to prevent access to or undesirable intrusions into installations.
Provisions must be taken to limit the dangers faced by people, especially during the passage of trains in stations.
Infrastructure to which the public has access must be designed and constructed so as to limit the risks to the safety of persons (stability, fire, access, evacuation, dock, etc.).
Appropriate provisions must be laid down to take into account the particular conditions of safety in tunnels and overpasses of great length.
2.1.2 accessibility (new) 2.1.2.1. Subsystems "infrastructure" to which the public has access must be accessible to persons with disabilities and persons disabled according to point 1.6.
2.2 energy 2.2.1. Security operation of energy supply systems must not impair the safety of trains or of persons (users, operating staff, trackside dwellers and third).
2.2.2 environmental protection the operation of electrical or thermal energy-supply systems must not interfere with the environment beyond the specified limits.
2.2.3 technical compatibility the electricity/thermal energy supply systems used must:-enable trains to achieve the performance specified;
-in the case of electricity energy supply systems, be compatible with the capture devices installed on trains.
2.3 control and signaling 2.3.1. Security facilities and control-command and signalling procedures used must enable the movement of trains with the level of safety corresponding to the aims laid down for the network. Control-command and signalling systems should continue to allow the safe movement of trains allowed to roll in specified degraded situation.
2.3.2 technical compatibility all new infrastructure and all new equipment rolling stock manufactured or developed after adoption of systems of control and compatible signaling must be tailored to use of those systems.
Control-command and signalling equipment installed in the train stations must permit normal operation, under the specified conditions on the rail system.
2.4 2.4.1 rolling. Security structures of rolling and links between vehicles must be designed to protect areas where passengers and the spaces of conduct in the event of collision or derailment.
Electrical equipment must not impair the safe operation of the control-command and signalling installations.
Braking and exercised efforts techniques must be compatible with the design, engineering structures and signalling systems.
Provisions must be taken regarding access to the components under voltage not to endanger the safety of persons.
In the event of danger, devices must enable passengers to inform the driver of train and the staff to enter into contact with it.
Access doors shall be equipped with a closing and opening system that guarantees the safety of the passengers.
Emergency exits must be provided and indicated.
Appropriate provisions must be laid down to take into account particular safety conditions in very long tunnels.
A relief of intensity and sufficient autonomy lighting system is mandatory on the trains.
Trains must be equipped with a sound system for the transmission of messages to passengers by flight attendant.
2.4.2. reliability and availability the design of the vital equipment, tread, traction and braking control must enable, in specified degraded situation, the continuation of the mission of the train without adverse consequences for the equipment remaining in service.
2.4.3 technical compatibility the electrical equipment must be compatible with the functioning of the control-command and signalling installations.
In the case of electric traction, the characteristics of the current collection devices must allow the movement of trains in the rail system's energy supply systems.
The characteristics of the rolling stock must allow it to circulate on all lines on which its operation is planned, taking into account the climatic conditions prevailing.
2.4.4 control trains must be equipped with a recording device. The data collected by this device and the processing of the information must be harmonised.
2.4.5 Accessibility 2.4.5.1.
Subsystem 'rolling' to which the public has access must be accessible to persons with disabilities and persons disabled in accordance with point 1.6.
2.5 maintenance 2.5.1.
Health and safety the technical installations and the procedures used in the centres must ensure safe operation of the subsystem concerned and do not constitute a danger to health and safety.
2.5.2 environmental protection technical installations and the procedures used in the maintenance centres must not exceed permissible levels of nuisance for the surrounding environment.
2.5.3. technical compatibility maintenance facilities dealing with rolling stock must be conducting security operations, hygiene and comfort on all materials for which they have been designed.
2.6 operation and management of traffic 2.6.1. Security implementation consistency rules of operation of the networks as well as the qualification of train drivers, staff dashboard and control centres must ensure safe operation, taking into account the different requirements of cross-border and domestic services.
Operations and periodicities of maintenance, training and qualification of personnel maintenance and control centres, as well as the quality assurance system set up in the centres of control and maintenance of the operators concerned must ensure a high level of security.
2.6.2. reliability and availability the operations and periodicities of maintenance, training and qualification of personnel maintenance and control centres, as well as the modified quality assurance system in place by the operators concerned in the control and maintenance centres must ensure a high level of reliability and availability of the system.
2.6.3. technical compatibility implementation consistency rules of operation of the networks as well as the qualification of the drivers of the personal dashboard and the staff responsible for the management of traffic, train must guarantee the effectiveness of the operation on the rail system, taking into account the different requirements of cross-border and domestic services.
2.6.4 Accessibility 2.6.4.1.
Appropriate measures must be taken to ensure that the operating rules provide the functionality necessary to ensure accessibility for persons with disabilities and persons with reduced mobility.
2.7. telematics applications in the service of passengers and cargo 2.7.1.
Technical compatibility the essential requirements in the field of telematics applications

guarantee a minimum quality of service to passengers and customers to the goods sector, particularly in terms of technical compatibility.
For these applications, it is necessary to ensure that:-the databases, software and data communication protocols are developed so as to ensure a maximum of possibilities for Exchange of data between different applications and different operators, excluding confidential commercial data;
-the information is easily accessible to users.
2.7.2. reliability and availability modes of use, management, updating and maintenance of these databases, software and data communication protocols must guarantee the efficiency of these systems and the quality of service.
2.7.3 health the interfaces of these systems with users must meet minimum standards in ergonomic matter and health protection.
2.7.4 safety sufficient levels of integrity and reliability must be provided for the storage or transmission of safety-related information.
2.7.5 Accessibility 2.7.5.1. Appropriate measures must be taken to ensure that the subsystem telematic applications for passenger services' offer the features necessary to ensure accessibility for persons with disabilities and persons with reduced mobility.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Annex 17 EC Declaration of conformity and suitability for use of interoperability constituents 1. Interoperability constituents the «EC» declaration applies to the interoperability constituents involved in the interoperability of the rail system, referred to in article 153. These interoperability constituents may be: 1.1.
Unmarked constituents EC are constituents that are not specific to the railway system and which can be used as what other areas.
1.2 constituents undercover with specific characteristics these are constituents that are not as such specific to the railway system, but which must demonstrate specific performance when used in the railway field.
1.3. specific constituents these are constituents that are specific to railway applications.
2 scope the «EC» declaration regards:-either the assessment by a (s) Organization (s) notified (s), of the intrinsic conformity of an interoperability constituent, considered in isolation, to the technical specifications that it must comply;
-or the assessment/judgement by a (s) Organization (s) notified (s), of the suitability for use of an interoperability constituent, considered within its railway environment, in particular where interfaces are involved, from the technical specifications, including functional nature, which are to be checked.
The assessment procedures implemented by the notified bodies at the design stage as well as in production, rely upon the modules defined in Decision 93/465 / EEC under the conditions referred to in the TSIs.
3 contents of the «EC» declaration the «EC» declaration of conformity or suitability for use and the accompanying documents must be dated and signed.
This declaration must be written in the same language as the instruction and include the following elements:-reference to Directive 2008/57/EC;
-name and address of the manufacturer or his authorised representative established in the Union (indicate the name and full address; case of authorised representative, also give the trade name of the manufacturer).
-description of interoperability constituent (make, type, etc.);
-description of the procedure followed to declare conformity or suitability for use (article 14);
-all the relevant descriptions that meet the interoperability constituent and in particular the conditions of use;
-name and address of the notified body (of organizations) (s) which is (are) Agreement (s) in the procedure followed in respect of conformity or suitability for use and date of examination certificate, if applicable, the duration and conditions of validity of the certificate; matching
-where appropriate, reference to European specifications;
-identification of the signatory having received power to engage the manufacturer or his authorised representative established in the European Union.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Annex 18 statement ' this 'of verification of subsystems 1.» «EC» declaration of verification of subsystems the «EC» declaration of verification and the accompanying documents must be dated and signed.
The declaration must rely on information from the «EC» verification procedure for subsystems as defined in part 2 of annex 19. This declaration must be written in the same language as the technical file and include at least the following elements:-the references directive.
-the name and address of the contracting entity or the manufacturer, or his authorised representative established in the European Union (indicate name and full address;
in case of agent, also indicate the name of the contracting entity or the manufacturer);
-a brief description of the subsystem;
-the name and address of the notified body which conducted the «EC» referred to in article 172 audit;
-the references of the documents contained in the technical dossier;
-all relevant temporary or definitive provisions to conform the subsystem, including, where appropriate, restrictions or operating conditions;
-If the provisions are temporary: duration of validity of the «EC» declaration
-the identity of the signer.
In the cases where reference is made, in annex 19 to the ACI statement 'CE', the provisions of this part apply to this statement.
2 declaration of verification of subsystems in the event of national rules where there is reference in annex 19 to the declaration of verification of subsystems in the event of national rules, the provisions of part 1 shall apply mutatis mutandis to this statement.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Annex 19 «EC» verification Procedure for subsystems 1. General principles the «EC» verification procedure of a subsystem is to control and certify as a subsystem:-is designed, constructed and installed so as to meet the essential requirements relating to it, and--can be put into service.
2 VERIFICATION PROCEDURE «EC» 2.1. Introduction the «EC» verification is the procedure whereby a body notified control and attests that the subsystem:-complies to the (to the) STI relevant (s);
-conforms to the other regulations deriving from the Treaty.
2.2 Elements of the subsystem and steps 2.2.1.
Intermediate inspection certificate (ACI) if the TSIs shall specify or, where appropriate, at the request of the applicant, the subsystem can be divided into several elements or controlled at certain stages of the verification procedure.
The intermediate inspection certificate (ACI) is the procedure by which a body notified control and certify some elements of the subsystem or certain stages of the verification procedure.
Each ACI led to the issuance of a certificate of ACI 'CE' by the notified body chosen by the applicant which, where appropriate, then draw up a declaration of ACI 'CE '. Certificate of AIT and AIT statement must refer to the STI with which compliance has been assessed 2.2.2. Elements of the subsystem the applicant may request an ACI for each element. And each element is controlled at each step, as described in section 2.2.3.
2.2.3 steps of the procedure for checking the subsystem or some of its elements are controlled in each of the following stages:-overall design;
-production: construction, including the execution of civil engineering works, manufacturing, installation of components, the setting of the set;
-final testing of the subsystem.
The applicant may request an ACI for the design (including the type tests) phase and the production phase.
2.3 2.3.1 verification certificate. The notified body responsible for 'EC' verification assesses the design, production and the final testing of the subsystem and draws up certificate CE verification for the applicant, which in turn established the «EC» declaration of verification. The verification certificate ' shall refer to the STI with which compliance has been assessed.
When a subsystem has not been evaluated for compliance with all the relevant TSIs (e.g. in case of derogation, partial application of the TSI during a refurbishment or renewal, transition period in a TSI or a particular case), the «EC» fact certificate reference with precision the TSIs or parts thereof for which compliance has not been discussed by the Agency notified during the «EC» verification procedure
2.3.2. where certificates of ACI 'CE' have been issued, the notified body responsible for «EC» verification subsystem takes account of these certificates by ACI «EC» and before issuing the «EC» verification certificate:-ensures that certificates of ACI 'CE' correspond to the relevant requirements of the TSI;
-checks all aspects which are not covered by the certificate of ACI 'EC', and

-checks the final testing of the subsystem as a whole.
2.4 technical file the technical file accompanying the declaration of verification marking shall contain the following documents:-the technical specifications relating to design, such as the General plans and detail relating to execution, electrical and hydraulic diagrams, schemes of control circuits, the description of computer systems and automation, operating and maintenance manuals, etc. relating to the subsystem concerned;
-list of interoperability constituents referred to in article 4 embedded in the sub-system;
-the copies of the «EC» declarations of conformity or suitability for use which said constituents must be provided in accordance with the provisions of article 14 of the present rail Code, accompanied, if there is place, notes corresponding calculation and a copy of the records of the tests and examinations carried out by the notified bodies on the basis of the common technical specifications;
-where appropriate, ACI certificates 'CE' and, if so is the case, the declarations of ACI 'CE' accompanying the verification certificate 'CE', including the result of the verification of the validity of the certificates by the Agency notified;
«- the verification certificate 'CE', accompanied by corresponding calculation notes and signed by the notified body responsible for verification"this", declaring that the subsystem conforms to the requirements of the relevant TSIs and mentioning any reservations that have been made during the execution of the work and which have not been lifted. the «EC» verification certificate is also accompanied by the inspection and audit reports that the notified body has drawn up in the context of its mission, as mentioned in sections 2.5.3 and 2.5.4;
-the certificates 'EC' issued in accordance with other legislation arising from the Treaty.
-where integration in any security is required pursuant to Regulation (EC) no 352/2009 of the Commission, the applicant includes, in the technical file, the evaluator's report on common security (MSC) in relation to the assessment of risks referred to in article 6, paragraph 3, of Directive 2004/49/EC.
2.5 monitoring 2.5.1.
The aim of «EC» monitoring is to ensure that the obligations deriving from the technical file have been met during production of the subsystem.
2.5.2. the notified body responsible for monitoring the realization must have permanent access to building sites, production workshops, storage areas and, if applicable, prefabrication, test facilities, and more generally to all the places that it may deem necessary for the accomplishment of its mission. The notified body must receive the applicant all the documents needed for this effect, including execution plans and technical documentation concerning the subsystem.
2.5.3. the notified body responsible for monitoring the implementation must periodically carry out audits to ensure compliance with the relevant TSIs. It must provide an audit report to the professionals responsible for the direction on this occasion.
Its presence may be required during certain phases of the construction.
2.5.4. the notified body may also pay unannounced visits on the site or in manufacturing. During such visits, the notified body may conduct complete or partial audits. It must provide a visit report and, where appropriate, an audit report to the professionals responsible for the realization.
2.5.5. to issue the EC declaration of suitability for use referred to in annex 6, point 2, the notified body must be able to control a subsystem in which is embedded an interoperability constituent to determine if the corresponding TSI requires, its suitability for use in the railway environment for which it is intended.
2.6 deposit the complete dossier referred to in paragraph 2.4 shall be deposited with the plaintiff in support of ACI certificates 'CE', if any, issued by the competent notified body or in support of the certificate of verification issued by the notified body responsible for «EC» verification of the subsystem. The file is attached to the «EC» declaration of verification sent by the applicant to the competent authority with which it introduced its application for authorisation for placing in service.
A copy of the file is maintained by the applicant throughout the life of the subsystem. The record is communicated to the other Member States which so request.
2.7 publication each notified body shall periodically publish relevant information concerning:-the requests for «EC» verification and ACI received;
– an application for assessment of conformity and/or suitability for use of the CI;
-ACI certificates «EC» issued or refused;
-the certificates 'CE' conformity or suitability for use issued or refused;
-certificate of EC verification issued or refused.
2.8 language files and correspondence relating to the «EC» verification procedures are written in an official language of the European Union and of the Member State where the applicant is established or in a language of the European Union accepted by.
3. PROCEDURE OF VERIFICATION IN THE CASE OF NATIONAL 3.1 RULES. Introduction the verification in the case of national rules procedure is the procedure by which the designated agency control and attests that the subsystem complies with the national rules notified under article 171.
3.2 verification certificate the designated body responsible for verification in case of national rules procedure establishes the certificate of verification intended for the applicant.
This certificate contains a specific reference to the national rule or national rules whose conformity has been considered by the body designated as part of the verification process, including rules related to the elements covered by a derogation from a TSI, whether it's a redesign or a renewal.
In the case of national rules relating to the subsystems comprising a vehicle, the designated agency subdivides the certificate in two parts, one indicating the references to national rules are strictly relevant to the technical compatibility between the vehicle and the network concerned, the other for all other national rules.
3.3 technical file the technical file accompanying the certificate of verification in the case of national rules is included in the technical file referred to in point 2.4 and contains the technical data relevant for the assessment of conformity of the subsystem with the national rules.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Annex 20 parameters to control for the commissioning of vehicles not complied with the TSIs and classification of national rules 1.
List of 1.1 settings. General documentation the General documentation (including the description of the vehicle new, renewed or redeveloped and its intended use, information on the design, repair, operation and maintenance, technical documentation, etc.).
1.2 structure and mechanical parts mechanical integrity and the interface between vehicles (including buffers and the bodies of traction, corridors/walkways), the robustness of the structure of the vehicle and its equipment (for example, seats), the load capacity, passive safety (including internal and external resistance to shocks).
1.3. vehicle/track and gauge interactions mechanical interfaces with the infrastructure (including the static and dynamic behavior games and tolerances, template, bearing bodies, etc.).
1.4 equipment of braking devices for braking (including protection anti jam., braking control, braking in service, parking and emergency modes).
1.5 devices associated passenger facilities to the use of passengers and environment of the passengers (including the windows and doors of cars with passengers, the needs of persons with reduced mobility, etc.).
1.6 environmental and aerodynamic effects the impact of the environment on the vehicle and the impact of the vehicle on the environment (including the aerodynamic conditions, the interface between the vehicle and the part «ground» of the rail system and the interface with the external environment).
1.7. exterior, signage, warning requirements for the software integrity external alarms, signage, functions and the integrity of the software, for example functions affecting safety and having an impact on the behaviour of the train, including train bus.
1.8 power supply and control on board the on-board propulsion systems, power and control systems, the interface of the vehicle with the power supply infrastructure and all aspects of electromagnetic compatibility.
1.9 facilities for staff, interfaces and environment facilities on board, interfaces, the conditions and the working environment of the staff (including the positions of driving, driver-machine interface).
1.10 protection against fire and evacuation 1.11. Servicing facilities on board and interfaces of 1.12 servicing. Control-command and signalling on board all aircraft equipment used to maintain security, order and control movements of trains authorised to travel on the network and its impact on the part «ground» of the rail system.
1.13.

Specific operational needs the specific operational requirements of the vehicle (including the gradient mode, troubleshooting of vehicles, etc.).
1.14 devices related to cargo freight (including dangerous goods-specific facility)-specific requirements and environment.
The explanations and examples described above in italics are provided for information purposes only and do not constitute the parameter definitions.
2. classification of the rules the national rules relating to the parameters identified in point 1 are assigned to one of three groups specified below. The rules and restrictions on strictly local character are not affected; their audit is part of controls put in place by mutual agreement by the railway undertakings and the infrastructure manager.
Group A group A includes:-international standards;
-national rules deemed to be equivalent in terms of rail safety to national rules of other Member States.
Group B Group B includes any rule which does statement not the Group A or C, or which has not yet been able to be classified in one of these groups.
Group C Group C includes rules that are strictly necessary and related to the technical characteristics of the infrastructure to secure and interoperable operation in the network concerned (for example the template).
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Annex 21 minimum criteria to be taken into account by Member States for the notification of bodies 1. The body, its Director and the staff responsible for carrying out the verification tests may not intervene, either directly or as authorised representatives, in the design, manufacture, construction, marketing or maintenance of the interoperability constituents or of subsystems, or exploitation. This does not exclude the possibility of exchanges of technical information between the manufacturer and the body.
2. the body and the staff responsible for the checks must carrying out the verification tests with the highest degree of professional integrity and technical competence and must be free from all pressures and inducements, particularly financial, which may influence their judgement or the results of their control, in particular those from individuals or groups of persons interested in the results of the audits.
In particular, the body and the staff responsible for the checks must be functionally independent of the authorities designated to issue the authorisations for putting into service, licensing, and the safety certificates referred to in the rail Code present, as well as entities of accident investigations.
3. the body must have staff and possess the means required to perform adequately the technical and administrative tasks related to the execution of audits;
It must also have access to the materials needed for exceptional checks.
4. the staff responsible for the checks must possess:-technical training and adequate professional;
-satisfactory knowledge of the requirements relating to the checks carried out and sufficient practice of these audits;
-the ability required to draw up certificates, records and reports which constitute the materialization of the checks carried out.
5. the independence of the staff responsible for control shall be guaranteed. The remuneration of each agent must not depend the number of checks that it carries out, nor the results of these controls.
6. the body must take out civil liability insurance, unless such liability is covered by the State or that audits be performed directly by the State.
7. the staff of the body is bound by professional secrecy for what he learned in the exercise of its functions (except with respect to the competent authorities and authorities of the accident investigation of the State where it does business, as well as investigative bodies on accidents responsible for conducting investigations on accidents due to a failure of the interoperability constituents or subsystems checked) under this rail Code or any legal or regulatory provisions implementing the.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.

Annex 22 presentation of a derogation the claim file includes the following documents: a) a formal letter communicating to the Commission the derogation envisaged;
(b) a file, annexed to the letter, comprising at least:-a description of the work, goods and services subject to the derogation, specifying dates key, the geographical location as well as the functional and technical area;
-a precise reference to the TSIs (or their parts) for which a derogation is requested;
-a precise reference and details of the alternative provisions which will be applied;
-for applications under article 159, paragraph 1, point 1 °, justification of the advanced stage of development of the project;
-the justification of the derogation, including the main reasons for technical, economic, commercial, operational and/or administrative nature;
-any other element justifying the request for derogation;
-a description of the measures that the Member State intends to take in order to promote the final interoperability of the project. If it is a minor derogation, this description is not required.
The documentation must be provided both in hardcopy as electronic files, allowing its distribution among the members of the Committee.
Seen to be annexed to the Act of August 30, 2013 bearing the rail Code.