Posted the: 2007-01-23 Numac: 2006014300 SERVICE PUBLIC FEDERAL mobility and transport 19 December 2006. -Law on the safety of railway operations (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title I chapter I.
-Provisions General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. this law transposes directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the community's railways and amending Council directive 95/18/EC on the licensing of railway undertakings and directive 2001/14/EC on the allocation of railway infrastructure, railway infrastructure charging capabilities and safety certification.
CHAPTER II. -Scope art. 3. this Act regulates all of the Belgian railway operating safety requirements.
In this regard, it makes a distinction between conventional railway operations via heavy rail and metro systems, tram and other systems of urban transit and regional rail transport via the light rail and other modes related to railways.
S. 4. this Act does not apply:-private railway infrastructure used solely by their owners for their own freight operations;
-the abandoned lines, not dismantled, but used for tourist purposes, or undertakings operating solely on these networks;
-metros, trams and other urban and regional rail systems via the light rail and other modes related to the railways, provided that these do not circulate on the rail network.
CHAPTER III. -Definitions art.
5. for the purposes of this Act, it has to be understood by: 1 ° "Minister": the Minister who has the regulation of rail transport in his or her attributions;
2 ° "Administration": the Directorate General the Land Transport of the FPS mobility and transport;
3 ° "railway infrastructure manager": SA under public law "Infrabel";
4 ° "railway undertaking": any undertaking private or public and licensed in accordance with the legislation applicable European, whose activity is the provision of services in transport of goods and/or passengers by rail traction to be compulsorily insured by the company; This concept also covers companies that provide only pull;
5 ° "railway infrastructure": all the elements referred to in part I Annex A, to Regulation (EEC) No 2598/70 of the Commission of 18 December 1970 on the attachment of the content of the various headings in the forms of accounts of annex I to Regulation (EEC) No 1108/70 of the Council of 4 July 1970, with the exception of the last indent which, for the purposes of this Act , reads as follows: "buildings assigned to the service of infrastructure";
6 ° "network": all of the railway infrastructure managed by the Manager of the rail infrastructure.
7 ° "furrow": the capacity of the rail infrastructure needed to run a train from one point to another, at any given time;
8 ° "security certificate": document which evidences compliance by a railway undertaking requirements imposed on security to provide a service without danger on the relevant routes;
9 ° "designated bodies": agencies responsible for appraising the procedure for verification of compliance with the standards and technical specifications in use of the subsystems constituting the trans-European rail system at high speed and conventional rail, in the case of the application of national technical rules in use in the absence of TSI or in the case of derogations;
10 ° "common security 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;
11 ° 'common safety methods (MSC)': the methods that will be developed to describe how to evaluate the levels of security, the achievement of the objectives of security and compliance with other safety requirements;
12 ° 'safety authority': the authority responsible for tasks relating to the safety of railway under the Act and its implementing decrees;
13 ° 'national safety rules': all rules containing railway safety requirements, imposed on the Belgian network applicable to more than one railway company, and railway infrastructure manager authorized to circulate on the network, regardless of the body that enacts as follows;
14 ° "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;
15 ° "investigative body": the body responsible for conducting investigations of accidents and incidents in accordance with this Act and its implementation orders.
16 ° "investigator": the person responsible for the organisation, conduct and control of an investigation;
17 ° "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;
18 ° "accident": any collision of trains or any train derailment doing 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;
19 ° "incident": any occurrence, other than accident or serious accident, associated with the operation of trains and affecting the safety of operation;
20 ° "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;
21 ° "causes": actions, omissions, events or conditions, or a combination thereof, which led to the accident or incident;
22 ° 'Agency': the European Railway Agency, i.e. the Community Agency for railway safety and interoperability, established by Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004;
23 ° "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 trans-European high-speed rail system and the conventional rail system;
24 ° 'railway system': the structure composed of the railway infrastructures, comprising lines and fixed installations, of the transport network to high-speed and conventional, and rolling stock designed for travelling on those infrastructures;
25 ° "subsystems": the result of the division of the trans-European high-speed rail system and the conventional rail system. These subsystems, for which essential requirements must be laid down, are structural and functional;
26 ° "interoperability constituent": any elementary component, group of components, subassembly or complete Assembly of equipment incorporated or intended to be incorporated into a subsystem and which depend directly or indirectly the interoperability of the trans-European high-speed rail system and the conventional rail system; the notion of constituent covers tangible or intangible objects such as software;
27 ° "commissioning": all the operations by which a subsystem is put into State of nominal operation;
28 ° "authorisation for putting into circulation": the Act by which a subsystem is used on the Belgian rail network.
29 ° "shipboard personnel": the staff, on the one hand, train and operators, on the other hand, the other agents present on the locomotive or train who participate indirectly in driving and whose professional qualifications therefore contribute to traffic safety;
30 ° 'train driver': the person capable of driving way autonomous, responsible and safe of shunting locomotives and work trains or trains for rail transport of passengers or goods.
TITLE II. -Chapter I: rail safety. -National rules of security articles 6 § 1. The King shall adopt, by a royal decree deliberated in the Council of Ministers, the national regulatory framework of security. This framework establishes national objectives and security methods, defining the level of safety related
utilization and management of the railway infrastructure, as well as the operation of rolling stock, in the development of national rules of security referred to in §§ 2 and 3 and the internal rules of security referred to in § 4.
§ 2. The King adopted the requirements applicable to systems of safety management of railway infrastructure and railway companies, with their internal rules, Manager and the requirements and procedures relating to the certification or accreditation for security, as well as the requirements for the conformity of the activities of the railway infrastructure manager and railway undertakings to their approval or security certificate.
The King adopted requirements for security personnel and equipment. The King may delegate this authority.
The King adopted rules for the subsystems and their authorisation for placing in service. The King may delegate this authority.
The King shall adopt rules governing the investigation of accidents and incidents.
In the absence of TSIs, the 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 Administration shall notify the European Commission the rules adopted or amended on the basis of §§ 1 to 3, unless those rules concern exclusively 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.
§ 6. The King determines the terms of publication of the set of regulations referred to in §§ 1 to 3.
S. 7 § 1. After the adoption of the safety objectives common, the King and the rail infrastructure manager may adopt, in accordance with article 6, §§ 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 railway undertakings or railway infrastructure manager and/or the manufacturers or the. S.N.C.B - Holding, based on the contents of national safety rules referred to the § 1.
§ 3. The safety authority shall submit draft safety rule to 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 of 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.
8. in the case of extreme emergency or hazard affecting the safety of the railway infrastructure or its use, railway infrastructure manager may take emergency measures which derogate from the national safety rules. 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 20 working days, unless otherwise determined by the safety authority.
S. 9 the King and, where appropriate, the railway infrastructure manager, adapts the national safety rules adopted on the basis of article 6 §§ 1 to 3, CSOs and the MSC as their adoption.
-Safety Section 1 authority. -The designation art. 10. the King, by a decree deliberated in the Council of Ministers, means the authority of security within the federal public Service mobility and transport.
S. 11. in order to assume the tasks, responsibilities and obligations which are devolved to the safety authority by the provisions of this Act, statutory agents of S.N.C.B. - Holding can be transferred on a voluntary basis to the authority in the manner established by a royal decree deliberated in the Council of Ministers.
These transfers are not new appointments. The staff concerned including retain 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 from the S.N.C.B. - Holding officers pension plan cannot be less favourable than that which would have been theirs had they stayed the S.N.C.B. - Holding agents.
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 officer may ask to put an end to his transfer and then re-enter the framework of S.N.C.B. - Holding.
Section 2. -Missions and powers s. 12. the missions of the safety authority are including the following: 1 ° the authorisation for placing in service of those structural subsystems constituting the rail system implemented or operated in Belgium, in accordance with the provisions adopted by the King, and checking that they are operated and maintained in accordance with the essential requirements;
2 ° the control of conformity of the interoperability constituents with the essential requirements in accordance with the provisions adopted by the King;
3 ° authorization to the commissioning of new or substantially changed equipment which is not yet covered by a TSI in accordance with the provisions adopted by the King, and checking that it is operated and maintained in accordance with the essential requirements concerning;
4 ° the authorisation for putting into circulation of equipment rolling stock in use in another Member State of the European Union, in accordance with Chapter VI and to the provisions adopted by the King, and checking that it is operated and maintained in accordance with the relevant requirements;
5 ° the issuance, renewal, amendment and withdrawal of certificates of security and safety authorisations granted in accordance with chapter IV, including the verification of the conditions and requirements that are defined and the compliance of the activities of the railway infrastructure manager and railway undertakings to the requirements to obtain the approval or the certificate;
6 ° the issuance of a notice in accordance with as the other national safety rules referred to in article 6, § 3;
7 ° the monitoring of compliance of national safety rules;
8 ° checking the registration of rolling and information security contained in the national register, established in accordance with the provisions adopted by the King;
9 ° monitoring of measures taken on basis of the reports of accidents or rail incidents referred to in article 20 and possible participation in surveys y relating by the S.N.C.B.-Holding;
10 ° the verification of the conformity of the provision of services of training and compliance of the grant of patents to the safety requirements laid down in TSIs or the rules adopted by the King.
S. 13. the safety authority may, in the performance of its duties referred to in article 12, take all necessary measures, including the prohibition for hardware or security to move personnel.
S. 14. 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 a maximum period of four months after all requested information has been provided.
In the performance of the tasks referred to in article 12, it may at any time require the technical assistance of the Manager of the railway infrastructure, railway undertakings, the recognized instance referred or notified for technical inspections or institutions or companies having proved their professional in the field of certification capacity and analysis of risks.
The safety authority cooperates with the security of the other Member States authorities. The cooperation aims in particular at facilitating and coordinating the safety of railway undertakings certification granted international train paths in accordance with the procedure laid down in article 34 of the law of 4 December 2006 on the use of the railway infrastructure.
Section 3. -The annual report articles
15. each year the safety authority publishes an annual report on its activities for the year
previous 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 Ire;
(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, including on the basis of the reports referred to in article 20.
CHAPTER III. -S. safety management systems 16. the railway infrastructure manager and railway undertakings shall establish their safety management system in respect for the common safety objectives of national safety rules referred to in article 6 as well as safety requirements defined in the TSI and the relevant parts of the common safety methods.
17. the safety management system complies with national safety rules referred to in article 6 and the security requirements defined in the TSIs and contains the elements set out in annex II, 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 legislation existing liability, safety management system also takes into account, as appropriate and within the limits of the reasonable, risks arising from the activities of other parties.
18. 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, the national safety rules and the 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.
To ensure the coordination and coherence of the systems of management of the safety and emergency procedures, the railway infrastructure manager and railway undertakings require notice of S.N.C.B. - Holding on their safety management system project. S.N.C.B. - Holding shall deliver its opinion within thirty working days of the request. Absence of a reply within this time limit, the notice is deemed positive.
19. each year, before 30 June, railway infrastructure manager and railway undertakings shall submit to 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. 20. every accident and incident of exploitation or affecting it is the subject of a report a copy of which is sent in the shortest time limits to the authority of security and the investigative agency by the railway infrastructure manager and/or, where applicable, the railway undertaking.
S.N.C.B. - Holding analysis, subject to the application of articles 44 and 45, incidents and accidents of exploitation and formula of the proposals designed to prevent. These proposals are sent to the safety authority that affects them, after approval, to the persons concerned.
Field application of point h) point 2.1, annex II, the railway infrastructure manager and railway undertakings can rely on analyses by the S.N.C.B - Holding.
In a severe crash, the rail infrastructure manager shall immediately notify the Minister, the safety authority, the investigating authority and judicial authorities.
S. 21. 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 safety of operation, including the provision of equipment and the subcontracting of services to users, customers, the workers concerned and third parties.
These provisions affect not the responsibility of each manufacturer, each service provider maintenance, each operator of cars, each claimant services and each contracting entity to deliver rolling, facilities, accessories and equipment and 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.
22 § 1. Within the S.N.C.B. - Holding, the tasks referred to in articles 18, paragraph 2, and 20, paragraph 2, are entrusted to a service directly to the Executive Committee.
2. Members of the service referred to the § 1 shall be bound by professional secrecy and shall not disclose to any person that it is confidential commercial information which they are communicated by the Manager of the rail infrastructure or by railway undertakings in the context of the tasks referred to in articles 18, paragraph 2, and 20, paragraph 2, apart from the exceptions provided by law.
§ 3. Offences in § 2 are punished with the penalties provided in article 458 of the penal Code. The provisions of book 1 of the same Code, without exception of Chapter VII and article 85, shall apply to these offences.
CHAPTER IV. -Approval and certificate of Security Section 1st. -The safety of the railway infrastructure Article Manager approval 23 § 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) authorisation confirming acceptance of the system of management of safety of the Manager of the rail infrastructure, as described in article 18 and annex II;
b) certification confirming 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. 24. 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 6 §§ 1 and 2.
If approved the rail infrastructure manager no longer fulfils the conditions required for obtaining the approval of safety, the approval may be withdrawn.
S. 25. 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. 26. the King sets, by a decree deliberated in the Council of Ministers, the terms of application, issuance, extension or withdrawal of approval of security.
Section 2. -The certificate of security of railway undertakings art. 27 § 1. To gain access to railway infrastructure, a railway undertaking must particularly have a security certificate, in accordance with this section. The security certificate was intended to demonstrate that the railway undertaking has established its safety management system and is able to meet the requirements set out in the TSIs, in other provisions of Community law and in national safety rules in order to control risks and to use the network safely. The certificate of
Security can 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 provisions adopted by the railway undertaking to meet specific requirements necessary for a safe operation of the network concerned, the requirements may cover the implementation of the TSIs and national safety rules, including those relating to security personnel and equipment rolling stock; the certification is based on the documentation submitted by the railway undertaking in accordance with annex IV.
S. 28. the certification granted to the railway undertaking established in Belgium by the safety authority, in accordance with article 27, § 2, has) specifies the type and scope of the railway operations covered. The certification granted in accordance with article 27, § 2, a) is valid throughout the European Union for equivalent rail transport operations.
S. 29. 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 27, § 2, b).
Granted certification pursuant to article 27, § 2, b) says the lines covered.
To obtain the additional national certification referred to in article 27, § 2, b), railway undertakings have adequate liability coverage or make equivalent arrangements.
The King sets the minimum amounts for liability coverage.
S. 30. the security certificate is valid for three years and may 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 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 6, §§ 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.
If 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. 31. the King fixed the application, examination, issuance, renewal or withdrawal of the security certificate by a decree deliberated in the Council of Ministers.
32. 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 27. 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.
Section 3. -The fees for approval and a security certificate s. detention
33 § 1. It is due by the holder of an approval or a certificate of security, in respect of participation in the administrative costs, control and supervision of the authority of security and the costs of the investigation of the investigative body, an indexed annual fee.
2. This fee must be paid at the issuance of the certificate or the approval of safety and then, before January 1 of each year, on pain of suspension of the certificate or approval.
§ 3. This fee is not subject to refund in the event of revocation of the certificate or the approval of security or cessation of the performance of the activities covered by the certificate or approval.
§ 4. The King fixed the amount, payment terms and indexing of royalty mechanism.
Chapter V. - Access to training art.
34. the King accredits by order deliberated in Council of Ministers the body or bodies responsible for providing training services to train drivers and on-board staff. Approval requires the (x) Organization (s) to provide access fair and non-discriminatory services training for drivers and train crew whenever such training is necessary to fulfil the conditions for obtaining the safety certificate or, where appropriate, the approval of security.
Approval requires the (x) Organization (s) 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.
S. 35 when they recruit new drivers of trains, new members of staff dashboard and the staff carrying out essential security tasks, railway undertakings and the rail infrastructure manager must be able to account for all qualifications, training and experience that may have been acquired in other rail companies. For this purpose, these members of staff may have access to documents proving their training, their skills and their experience, obtain copies and communicate them.
S. 36. in all cases, each railway undertaking and the rail infrastructure manager are responsible for the level of training and qualifications of their exercising staff for tasks in connection with safety, as indicated in article 17 and annex II.
S. 37. the King fixed by order deliberated in Council of Ministers the organizational arrangements and the minimum content of the training, examinations, as well as the procedures for the certification of drivers and train crew.
CHAPTER VI. -Implementation of equipment rolling stock in use in another EU Member State European art. 38. the King lays down rules of application and authorisation for putting into circulation of rolling stock in use in another European Union Member State.
S. 39. the rolling stock including commissioning was authorized in a Member State but which is not fully covered by the TSIs relevant or which is fully covered by the relevant TSIs but for which the Belgian State has provided derogations within the limits defined by the King, is subject to an authorization to put into circulation on the Belgian rail network in accordance with the present chapter.
S. 40. the railway undertaking shall submit to the safety authority a technical file concerning the rolling stock or type of rolling indicating the use on the network. The folder contains the following information: a) proof that the commissioning of the equipment has been authorized in another Member State and records showing the history of its operations, maintenance and, where appropriate, the technical changes after authorisation.
b) technical data, the maintenance programme and the appropriate operational characteristics required by the authority of security and needed for its complementary authorisation;
(c) a certificate issued by the designated agency concerning the technical and operational characteristics proving that the rolling stock is compatible with the system of power supply, signalling and control system, the track gauge and infrastructure, the maximum load templates; axle and other constraints of the network
(d) information on exemptions from national safety rules that are needed to grant the authorisation, and the evidence, issued by Belgian railway infrastructure manager, based on the assessment of the risk, that the acceptance of the rolling stock does not risk of security on the network.
(41. the safety authority may invite the railway undertaking to do the testing on the network subject to the conclusion of a contract with the Manager of the rail infrastructure in accordance with article 40, c), in order to define the scope and content of these tests.
The rail infrastructure manager shall arrange to train paths to this effect. Train paths allocated in this framework are charged by the Manager of the rail infrastructure to the railway undertaking.
CHAPTER VII. -Investigations of accidents and incidents rail Section 1st.
-The appointment of an investigative body art. 43. the King shall by order deliberated in 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.
In addition, it is functionally independent of the safety authority, of any regulator
railways or any other authority whose interests might 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 Council of Ministers the composition of the investigative body and the modalities for the implementation of the tasks entrusted to him.
Section 2. -Missions art. 44. the investigative body is conducting a survey after each serious accident on the rail system.
45. in addition to serious accidents, the investigative body 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.
The investigative body decides whether or not to perform a survey of such accident or incident, according to the procedures laid down by the King.
Section 3. -S. powers 46. 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 the S.N.C.B - Holding, the Manager of the rail infrastructure, the railway undertakings involved and the safety authority.
The powers referred to in paragraph 1 can be exercised only when the necessities of potential information and judicial investigation oppose more and, where appropriate, in accordance with article 125 of the general regulation of December 28, 1950, on legal enforcement costs.
S. 47. 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. -The investigation article 48. 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. If the Belgian investigative body is designated, it leaves other relevant organizations participate in the investigation and have access to all the results thereof.
Counterparts of another EU Member State are invited to participate in an investigation whenever a railway undertaking established and authorised in that Member State is involved in the accident or incident.
S. 49. 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 railway infrastructure manager and railway undertakings, the safety authority, victims and their relatives, owners of damaged property, manufacturers, the emergency services and representatives of the staff affected by the accident, the accident or incident, and users are informed at regular intervals of the investigation and its progress and, as far as possible have the opportunity to give their opinion 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 is the cause of the accident or incident referred to in articles 44 and 45 an offence, the investigating authority notify immediately police services and judicial authorities.
S. 50. for each accident or incident referred to in articles 44 and 45, 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. 51. 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. 52. 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. -The conclusions and reports article 53. each inquiry into an accident or incident referred to in articles 44 and 45 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 III. This report indicates the purpose of the investigation and contain, where appropriate, 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 V. The report, including the safety recommendations, shall be communicated to the relevant parties referred to in article 49, as well as the parties and organizations interested in other EU Member States European.
S. 54. every 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. 55 § 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, to other relevant agencies. 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. -The concerted European art.
56. 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.
57. the investigative body passes to the Agency a copy of the final report referred to in article 53 of the annual report referred to in article 54.
TITLE III. -Control and rail inspection and sanctions chapter I. -Controls and inspections railway s. 58 § 1.
On proposal by the Minister, the King may give the quality officer of judicial police officers of Administration and the safety authority to control the application and found breaches of the requirements of this Act and its implementation orders.
In the exercise of their missions, officers referred to the § 1 may: 1 ° enter freely, at any time, any rolling stock or 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 of the examining magistrate of the place of visit:-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 business purposes of physical and legal persons, internal or external, responsible for managing commercial, accounting, administrative, fiscal and financial company;
-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 for the purposes of carrying out their tasks require enforcement.
§ 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.
-Sanctions art. 59. subject to the application of articles 22, § 3 and 43, paragraph 3, breaches of this Act or the orders of execution taken on the basis of this law, failure to comply with the decisions taken by the safety authority, Administration or the Minister, any obstruction to the audits and investigations of these authorities as well as any interference with the action of the investigative body constitute offences which are punishable to imprisonment of eight days to one year and a fine of 26 euros to one hundred twenty-five euro or one of those penalties only. The provisions of book I of the penal Code are applicable to these offences.
TITLE IV. -Final provisions and repealing chapter I:. -Disposition transitional art. 60. this Act does not apply to security certificate applications submitted before the entry into force of the Royal Decrees running articles 10 and 31.
CHAPTER II. -Provisions repealing art. 61. article 452, § 1, 6 ° of the programme act of 22 December 2003, article 199, 6 ° of the Act of 21 March 1991 on the reform of certain economic public companies, such as amended by the royal decree of 14 June 2004 and article 82 of the Act of 23 December 2005 amending various provisions, are repealed.
S. 62. the articles 4 to 11, 37-47 and 98 of the royal decree of 12 March 2003 concerning the conditions for the use of railway infrastructure, as well as subsequent amendments, are repealed.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, December 19, 2006.
ALBERT by the King: the Minister of mobility, R. LANDUYT. the Deputy Prime Minister and Minister for the Budget, Mrs F. VAN DEN BOSSCHE Secretary of State owned companies, B. TUYBENS seen and sealed with the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes (1) Regular Session 2005-2006.
House of representatives.
Parliamentary papers. -Bill, no. 51 - 2643/001. -Addendum No. 51 - 2643/002. -Amendment No. 51 - 2643/003. -Report No. 51 - 2643/004. -Text adopted by the Commission, no. 51-2643/005. -Text adopted in plenary meeting and transmitted to the Senate, no. 51-2643/006.
Parliamentary Annals. -Discussion and adoption. Meeting of November 16, 2006.
Parliamentary papers. -Draft transmitted by the House of representatives, no. 3-1916/1. -Project not referred by the Senate.
Annex Ire. -Safety indicators common safety indicators common to notify by safety authorities: 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 authority at the first useful opportunity and at the latest during the presentation of the next annual report.
For indicators relating to accidents under heading 1 below, Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics shall apply provided that the information is available.
(1) indicators relating to accidents 1. Total and relative (by kilometre-train) accidents and breakdown according to the following types of accidents:-collisions of trains, including collisions with obstacles within the template.
-derailments of trains;
-accidents at level crossings, including accidents involving pedestrians;
-persons accidents caused by rolling stock market, with the exception of suicides;
-fires in rolling stock;
Every accident is reported according to the type of the accident primary, even if the consequences of the secondary accident are more severe, e.g. a fire following a derailment.
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);
-staff, including the staff of contractors;
-users of level crossings;
-unauthorized lying on the railway;
(2) indicators relating to incidents and near misses incidents.
1 number total and relative (by kilometre-train) rail breaks, track buckles and signalling failures.
2 total number and relative (by kilometre-train) signal passed in danger.
3. number total and relative (by kilometre-train) break wheels and axle of rolling stock in service.
(3) indicators relating to consequences of accidents.
1. total and relative cost (per kilometre-train), in euros, of all accidents, with calculation, if possible, the following costs:-deaths and injuries;
-compensation for loss or damage to property of passengers, staff or third parties, including damage to the environment;
-replacement or repair of rolling stock and railway installations damaged;
-delays, disturbances and re-routing of traffic, including incremental costs in terms of staff and loss of future revenue.
It is appropriate to deduct costs above the compensation which benefited or should benefit third parties, for example the motor vehicle owners involved in accidents at level crossings. The compensation in respect of insurance policies held by railway undertakings or infrastructure manager are not deducted.
2. total and relative (per hour of work) of working hours lost per staff and contractors because of accidents.
(4) the technical infrastructure security and its implementation indicators.
1. percentage of tracks with a system of automatic protection of trains (ATP) in operation, percentage in train kilometres using operational ATP systems.
2. number of crossings (total and per line kilometre). Percentage of grade crossings with automatic or manual protection.
(5) the management of safety indicators.
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).
When the communication of data in accordance with this annex, the reporting authorities may use the definitions of the indicators and the methods of calculation of costs at the national level. All definitions and calculation methods used must be explained in an annex to the annual report referred to in article 19.
Annex II. -1 safety management systems. Requirements for the safety management system.
The safety management system 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 6 and annex II, 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 information
on security 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, supplementary rules of security national and rules referred to in article 6, § 4, of which some are part of the essential elements of the safety management system. The requirements relate in addition to the essential elements referred to in point 2.1, all security directives addressed to the staff.
Annex III. -Contents of investigation of accidents and incidents (1) summary reports.
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) immediate facts of 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;
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 the equipment and technical installations:-System signaling and control, including records from automatic data recorders.
-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 (3).
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) measures that have been taken.
-Record of measures already taken or adopted as a result of the event.
Annex IV. -Declarations for the part of the network-specific security certificate following documents must be submitted to enable the safety authority to deliver the part of network-specific security certificate: 1 ° a documentation to be provided by the railway undertaking on the TSIs or parts of TSIs and, where appropriate, the national safety rules and other rules applicable to its activities his staff and his equipment rolling stock, as well as on the way in which compliance is ensured by the safety management system;
2 ° a documentation to be provided by the railway on the different categories of staff undertaking of the company or its contractors, including the evidence that this staff meets the requirements of TSIs or national rules and has been duly certified, if necessary also by the body or bodies of training (s) in article 33;
3 ° a documentation to be provided by the railway on the different types of equipment rolling stock used for its activities, including evidence that they meet requirements of TSIs or national rules and have been duly certified and authorised to be put into service on the Belgian rail network.
To avoid duplication, limit the amount of information only summary documentation will be submitted concerning elements that comply with TSIs and other provisions transposing directives 96/48/EC and 2001/16/EC of the Council of 23 July 1996 on the interoperability of the rail system trans-European high speed and of the European Parliament and of the Council of 19 March 2001 relating to the interoperability of the conventional trans-European rail system, modified by directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004.