Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Transport, Equipment, Tourism and the Sea,
Having regard to Article 37, paragraph 2, of the Constitution;
Having regard to Council Regulation (EEC) No. 1108/70 of 4 June 1970 establishing an accounting of the costs of railway, road and water transport infrastructure, together with Commission Regulation (EEC) No. 2598/70 of 18 December 1970 concerning the fixing of the contents of the different positions of the accounting schemes of its annex I;
Having regard to Regulation No. 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European railway agency;
Having regard to Council Directive 96/48/EC of 23 July 1996 on the interoperability of the high-speed trans-European railway system, as amended by Directive 2004/50/EC of the European Parliament and the Council of 29 April 2004;
Considering Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the conventional railway system, as amended by Directive 2004/50/EC of the European Parliament and the Council of 29 April 2004;
Having regard to 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 on railway licences and Directive 2001/14/EC on the distribution of railway infrastructure capacity, railway infrastructure pricing and security certification;
Having regard to Council Decision No. 93/465/EEC of 22 July 1993 on modules relating to the different phases of conformity assessment procedures and the rules for the affixing and use of the "EC" conformity marking, to be used in the technical harmonization guidelines;
Having regard to Decision No. 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on the Community Guidelines for the Development of the Trans-European Transport Network, last amended by Decision No. 884/2004/EC of the European Parliament and the Council of 29 April 2004;
Considering the penal code, including articles 121-2 and 131-41;
Having regard to Act No. 82-1153 of 30 December 1982 as amended inland transport orientation, including articles 9, 13-1, 13-2 and 26-26-6;
Having regard to Act No. 97-135 of 13 February 1997 establishing the public establishment " Réseau ferré de France" for the renewal of railway transport, as amended by Act No. 2002-276 of 27 February 2002 and Act No. 2006-10 of 5 January 2006;
Having regard to Act No. 2000-321 of 12 April 2000 as amended on the rights of citizens in their relations with administrations, in particular article 21 thereof;
In light of Act No. 2002-3 of 3 January 2002 on the security of transport infrastructure and systems, technical investigations after sea events, accidents or incidents of ground or air transport and underground storage of natural gas, hydrocarbons and chemicals, as amended by Act No. 2006-10 of 5 January 2006 on the safety and development of transport and by Act No. 2006-686 of 13 June 2006, including its title III;
Considering Act No. 2006-10 of 5 January 2006 on transport safety and development;
In view of the decree of 19 January 1934 defining the conditions under which, in terms of technical and commercial exploitation, it may be derogated by the major railway networks of general interest to the requirements of the laws, specifications and conventions, as amended by Decree No. 58-390 of 14 April 1958;
Having regard to the amended Decree No. 730 of 22 March 1942 on the police, security and operation of railways of general interest and local interest;
Having regard to the amended Decree No. 83-817 of 13 September 1983 approving the terms of reference of the Société nationale des chemins de fer français;
In view of Decree No. 92-352 of 1 April 1992 adopted for the application of Article L. 231-2 of the Labour Code and the measures to be taken to ensure the safety of workers in establishments where it is made use of railways;
Considering Decree No. 97-34 of 15 January 1997 on the deconcentration of individual administrative decisions;
Having regard to amended Decree No. 97-444 of 5 May 1997 on the missions and statutes of Réseau ferré de France;
Having regard to Decree No. 97-1194 of 19 December 1997 for the application to the Minister of Economy, Finance and Industry of the 1st of Article 2 of Decree No. 97-34 of 15 January 1997 on the deconcentration of individual administrative decisions;
Having regard to amended Decree No. 97-1198 of 19 December 1997 for the application to the Minister of Equipment, Housing and Transportation of the 1st of Article 2 of Decree No. 97-34 of 15 January 1997 on the deconcentration of individual administrative decisions;
In view of the amended Decree No. 2003-194 of 7 March 2003 on the use of the national railway network;
Considering Decree No. 2003-425 of 9 May 2003 on the safety of guided public transport;
Having regard to Decree No. 2004-85 of 26 January 2004 on technical investigations after sea event, accident or incident of land transport;
Having regard to Decree No. 2006-369 of 28 March 2006 on the missions and statutes of the public railway security institution;
The Council of State (section of public works) heard;
The Council of Ministers heard,
Decrete:
This Decree sets out the provisions concerning the safety of railway traffic, both in the design and implementation of public rail transport systems.
It also sets out the provisions relating to the interoperability of the railway system understood as the whole constituted by the railway infrastructure, including the fixed lines and installations of the networks mentioned below, and by the rolling stock of all categories and origin that circulate on these networks.
The national railway network and other railway networks mentioned in Article 1 of the law of January 5, 2006 referred to above, including the harbour railways, shall be included in the scope of this decree.
These include metro and tram networks, tourism or historical networks, and networks for the carriage of goods established in the premises of industrial or commercial establishments for the exclusive use of them, as well as railway activities provided solely on these networks.
The State ensures the safety of railway traffic.
The Minister for Transport fixes by order:
1° The safety objectives specifying the safety levels to be achieved during the operation of rail transport;
2° Safety indicators for rail traffic accidents and incidents;
3° Safety methods to clarify how safety and compliance with security requirements are assessed.
The Minister for Transport publishes references to the technical specifications for interoperability that must be met by the subsystems defined in section 31 of this Order, the parts of subsystems and their interfaces, and sets out by decree the technical safety and interoperability regulation which includes, in addition to these technical specifications:
1° Requirements for the organization and monitoring of the operation;
2° The security regulations for the operation of the national railway network and, subject to the provisions of Article 28, other railway networks;
3° Technical requirements for train traffic;
4° The safety requirements applicable to the design and maintenance of technical and safety infrastructure and facilities and those applicable to rolling stock, allowing the attainment and maintenance of the required level of security throughout the operation of these facilities, facilities and equipment.
The Minister responsible for transport informs the Commission of the European Communities of the changes made to the technical safety regulations that have been notified to the Commission and submits to it, after the adoption of the common security objectives set out in Directive 2004/49/EC of 29 April 2004 referred to, after consultation with the parties concerned, new security rules corresponding to a higher level of security than that of these objectives or likely to affect the activities, on the national territory of the European Unions
The Minister responsible for transport may, on the proposal of the public railway safety establishment, as described below as "EPSF", with an application in this sense, grant exceptional exemptions to technical safety and interoperability regulations as the application complies with the security objectives referred to in 1° of section 2.
Orders set out in sections 2 and 3 of this Order shall be made after consultation, as appropriate, of the Minister responsible for civil security and by the ESCWA of the opinion of persons directly interested in the measure envisaged in their capacity as infrastructure managers, railway companies, equipment manufacturers or rolling stock, service providers, users or customers of the services of transportation or employees.
The operation and maintenance of infrastructure, technical and safety facilities and rolling stock are designed and implemented in a manner that allows the continued maintenance of security.
Any person carrying on a railway activity shall establish operating and maintenance procedures to maintain the safety of the elements of the railway system under its control for the duration of their operation, in accordance with the regulations referred to in Article 3 and the requirements issued when the authorization for the commercial operation of the systems and subsystems used in Article 43.
These procedures are the subject of written documents that specify, inter alia, how security data are stored.
Prior to being assigned to security tasks, staff receive training tailored to these tasks, including training in the techniques and use of equipment used.
The employer may not affect the essential tasks for security, the list of which is fixed by order of the Minister for Transport, that the personnel who have followed an enabling procedure whose terms are fixed by the same order.
At any time, the WSP may carry out security inspections and audits that it has, in particular, for the purpose of conducting to the various railway operators under the provisions of section 2 (b) of the aforementioned Decree of 28 March 2006. These may cover both the activities of the licensees and those of their service providers and subcontractors.
In the event of a system or subsystem malfunction during its commercial operation or a serious or repeated failure of a person engaged in a railway activity to comply with its obligations under the security regulations or the conditions under which it has been issued, such authorization may be restricted, suspended or withdrawn by a system or subsystem.
The decision, which must be preceded by a stay, cannot be taken without the person concerned being able to present his or her observations. It shall be brought to the attention of other interested persons or organizations, where appropriate.
For the purpose of this decree, the following means:
- "Infrastructural Manager":
* Réseau ferré de France hereinafter referred to as "RFF", in charge of the provisions of the law of 13 February 1997 referred to above the development, development and maintenance of the national railway network;
* If applicable, the holder of a partnership contract or a public service delegation agreement entered into pursuant to section 1-1 or section 1-2 of the Act, for the purpose of establishing and maintaining the railway infrastructure, as defined in A of Schedule I to Regulation (EEC) No 2598/70 of the Commission of 18 December 1970 referred to above, as set out in that contract or as provided for in that contract;
- "Delegated Infrastructure Manager": the following French National Railway Corporation, known as the "SNCF", which is responsible, under the provisions of the same Act, for the management of traffic and traffic, as well as for the operation and maintenance of security facilities and, where applicable, technical installations of the national railway network;
- "Rail company": any person who holds a railway company licence that provides rail traction for the provision of goods or passenger transport services.
RFF approves and publishes the operating documentation for the national railway network developed by the SNCF, which specifies the technical conditions for the admission of traffic and the local operating instructions according to the sections of this network that must respect the railway companies holding the certificate provided for in section 20. It approves and publishes under the same conditions the specific operating rules applicable to the following activities:
1° The movement from the construction areas and towards them of the railway convoys used to carry out work on the national railway network;
2° The movement of railway convoys on service lines or clutch of the national railway network when it comes to a transport service carried out on a public or private network connected to it and the manoeuvres performed on this occasion by necessity on the main tracks;
3° The activities carried out on the tracks of the national railway network, including the movement of railway convoys, during periods during which no infrastructure capacity is offered.
The WSP may require the modification or withdrawal of the specific technical conditions, local operating instructions or operating rules referred to in the first paragraph that do not allow for the maintenance of the safety level of railway traffic or that impede the compliance with the interoperability requirements set out in Part IV of this Order.
On the proposal of RFF, the ESP may exceptionally authorize the movement of a railway convoy whose characteristics derogate, on all or part of the course, from the technical and safety regulations of the operation referred to in Article 3 and the specific operating rules, technical conditions and local instructions mentioned above. This includes the conduct, on operating lines or sections of the line, of tests of rolling stock that are not authorized under section 43.
The infrastructure manager, the delegated infrastructure manager and railway companies shall establish, in accordance with the technical safety regulations of the operation referred to in section 3 and the technical conditions, local operating instructions and specific operating rules referred to in section 10, the operational instructions and instructions for the control of the safety of the operation, keep up to date these operational instructions and instructions and ensure that they are respected by the persons to them.
When the delegated infrastructure manager finds or is informed of a situation or event that poses a serious or imminent security risk, the delegated infrastructure manager shall take all necessary precautionary measures and shall promptly inform the PSEP and the infrastructure manager.
The delegated infrastructure manager refers to those of traffic operational management officers who are responsible for determining the precautionary measures set out in the preceding paragraph. These officers may request the railway companies to communicate the documents and documents necessary to carry out their mission. They have access to rolling stock to carry out any relevant safety findings or verifications. They are held in professional secrecy, in particular with regard to the SNCF taken as a railway company.
If the delegated infrastructure manager finds serious or repeated breaches of a railway company to the safety regulations of the operation or deficiencies in the technical state of its rolling stock, it informs the WSP and the infrastructure manager.
An order of the Minister for Transport shall specify the conditions of application of this section.
The delegated infrastructure manager manages emergency situations in conjunction with the territorially competent prefect. To this end, in consultation with the relevant administrative authorities and the infrastructure manager, it sets out action and security plans.
The purpose of these plans is to define, in the light of local specificities, the role and responsibilities of all personnel, to coordinate their actions and to clarify the information modalities of the prefect and the infrastructure manager in order to allow the possible implementation of the specialized relief plan or the specific provisions of the ORSEC plan.
They are transmitted to the prefects of the departments concerned, to RFF and, where applicable, to the infrastructure manager and to each railway company authorized to circulate trains and, upon request, to the ESP.
The railway companies describe the complementary organization they are implementing, in particular to inform and assist passengers, and provide the delegated infrastructure manager with the information necessary for the establishment and compliance of the operations and safety plans.
A joint order of the Minister for Transport and the Minister for Civil Security specifies the contents of the intervention and security plan, the terms and conditions for its development and updating, and those for its initiation.
In the event of a serious accident or incident, the delegated infrastructure manager shall take the immediate steps necessary to ensure the safety of users, rescue teams, personnel, third parties and rail traffic, as well as the protection of the environment and shall promptly inform the territorially competent prefect and, where appropriate, the judicial authority.
It takes the necessary measures to resume operations in consultation with the authorities responsible for relief operations or judicial or administrative investigations.
The railways and the infrastructure manager immediately report to the Land Transportation Accidents Investigation Office and to the delegated infrastructure manager, who promptly informs the Minister for Transport, the ESP and RFF, the occurrence of accidents and serious incidents defined by the Minister for Transport.
Railway companies and the delegated infrastructure manager report to RFF the accidents and incidents taken into account by the safety indicators mentioned in section 2.
Each railway company communicates quarterly to the infrastructure manager and to the ESP the value of those indicators that concern it.
RFF provides quarterly to the PSEP the value of the safety indicators established and communicated by the infrastructure manager and the delegated infrastructure manager.
The WSP may, without prejudice to the competence of the Land Transportation Accidents Investigation Office, request the infrastructure manager, the delegated infrastructure manager and any railway company to report to it on any accident or incident.
Prior to June 30 of each year, the infrastructure manager and railway companies forward a safety report to the PSEP for the previous calendar year. Based on these elements, the ESF prepares a report on the safety of railway traffic and forwards it to the Minister for Transport, the Land Transport Accident Investigation Office and the European Railway Agency by 30 September.
An order by the Minister responsible for transport specifies the contents of these reports.
Each infrastructure manager, the delegated infrastructure manager, each railway company and each holder of an operating agreement under section 4.1 of the NWS Terms of Reference develop a safety management system.
The security management system makes clear the rules, procedures and methods to be implemented to achieve the security objectives mentioned in Article 2. It includes a process to take advantage of the experience gained.
Each infrastructure manager and the delegated infrastructure manager must have a security clearance issued by the WSP for a maximum of five years, which determines their ability to meet regulatory security requirements and to control the risks associated with the exercise of their activity.
The issuance of the security clearance is approved by the licensee's security management system and the specific provisions for its implementation in particular with regard to the physical and professional fitness and training of personnel assigned to the tasks essential for safety, compliance with safety regulations and the technical and maintenance rules applicable to the infrastructure of the national railway network.
A railway company may not have access to the national railway network without a security certificate establishing its ability to meet regulatory security requirements and control the risks associated with the operation of the railway transportation services it intends to carry out on this network.
The security certificate includes two parts.
The issuance of the first part, Part A, is subject to the compliance with conditions relating to the organization and implementation by the railway company of a safety management system that is adapted to the nature and importance of the transport services it wishes to provide. This part of the security certificate is deemed to be acquired for any railway undertaking established in a Member State of the European Union or applying rules equivalent to those of the European Union pursuant to agreements with the European Union and already having, for equivalent rail transport activities, a safety certificate.
The issuance of the second part, Part B, is subordinated to the services and lines of the national grid for which the certificate is requested:
1° Respecting the conditions for physical and professional fitness and training of personnel assigned to essential tasks for safety;
2° Compliance with the security regulations on the national grid and its application procedures;
3° When considering the operating documentation provided for in Article 10;
4° Compliance with technical and maintenance rules for equipment.
The security certificate is issued by the ESF for a maximum of five years. It is expired if the services it covers did not actually start within one year of the date of its issuance.
The holder of a security certificate must submit a new application if the security management system or service for which the certificate was issued is substantially modified.
A security certificate issued in a Member State of the European Union or applying rules equivalent to those of the European Union pursuant to agreements with the European Union, to a railway company for the provision of services up to a border point may be a security certificate for services performed on sections of the national railway network whose origin or destination is that border point.
These sections are defined by an order of the Minister for Transport which further specifies the applicable terms and conditions.
The holder of an operating agreement provided for in Article 4.1 of the Terms of Reference of the SNCF shall not carry out the duties entrusted to him by this Agreement without obtaining a security certificate issued by the ESP for a maximum of five years. However, it may, without this certification, carry out the tasks relating to the design, realization or modification of systems or subsystems whose integration into the national ferre network is provided for in this Convention, for which it has obtained the authorization for the commercial exploitation provided for in Part V of this Decree. The obligation to obtain such authorization is recalled in the agreement.
The safety certificate certifies the recipient's ability to comply with the regulatory security requirements and to control the risks associated with the exercise of the missions entrusted to him, including its activities related to the maintenance of infrastructure and equipment and the operation of transportation services on the national grid.
The issuance of the security certificate is approved on the one hand by the licensee's security management system and, on the other hand, by the licensee for compliance with the regulatory security requirements.
When the agreement contains provisions relating to both infrastructure management and transportation services, the security management system deals with both missions in two separate parts.
When the agreement contains infrastructure provisions, the portion of the licensee's security management system that deals with the infrastructure is forwarded to the WSP which, after receiving the advice of RFF and SNCF, ensures its compatibility with other security management systems in place on the network.
The silence held by the ESF for more than four months on a request for security clearance, security certificate or security certificate is a decision to reject. This deadline only runs from the time the file is complete. The WSP discloses within one month of receipt of the application whether or not the application includes all required documents and documents. Otherwise, the file is deemed complete at the end of this period.
The request for a security clearance from the delegated infrastructure manager is addressed to RFF, who forwards it with his/her opinion to the PSEP within two months.
In the course of the instruction of a security certificate, the WSP collects RFF's opinion on the constituent elements of Part B.
The modification of a security clearance, a security certificate or an ongoing security certificate may not relate to the validity of the act.
An order of the Minister responsible for transport specifies the terms and conditions for the issuance of the security clearance, security certificate and security certificate, the terms and conditions for their renewal, suspension, withdrawal or restriction, and the terms and conditions of information of the European Railway Agency and, where applicable, the State which issued Part A of the certificate.
The order set out in section 6 of this Order sets out the conditions of physical and professional fitness for personnel assigned to an essential task for the safety of traffic on the national railway network, including those assigned by a railway company to the conduct of trains.
Training in security functions is delivered by centres accredited by the ESF in accordance with a specification of the requirements of which the content, including the conditions for the issuance of the accreditation, is defined by an order of the Minister responsible for transport.
This training covers the knowledge of the useful part, for the person to be trained, of the national grid lines and of the safety regulations for the operation of this network, the signalling and control system and emergency procedures.
The centre delivers a certificate to those who have received the training.
The holder of an approval, certificate or security certificate must justify, upon request by the PSEP, the possession of a training certificate by any person assigned to an essential task for the safety of traffic on the national railway network.
Where the training provided for in section 26 can only be provided by a single company, the company allows the access of the personnel of the other companies to its training centres for a fee commensurate with the cost of the service rendered and taking into account a reasonable benefit.
The exercise of railway activities on networks with operating characteristics comparable to those of the national railway network referred to in the third paragraph of Article 1 of this Decree is subject to obtaining a security clearance.
This authorization is granted, for a limited period, by the WSP.
An order of the Minister for Transport, made under the conditions set out in section 4 of this Order, specifies, as appropriate, the specific terms and conditions for the application of the provisions of Title II to these railway networks based on their technical and functional characteristics, in particular when the operation of the transport services is provided only by a single entity also in charge of the management of the infrastructure.
This Order may provide that the operating security regulations referred to in section 3 are subject to approval by the Infrastructure Management Officer.
A railway company that has a security certificate for its activities on the national railway network is authorized to circulate trains on the lines of a network connected to the network on the production of a declaration transmitted to the ESP and to the person managing the traffic on that network, by which it undertakes to comply with the operating instructions and the technical conditions of that network.
The authorization to operate transport services on a network connected to the national railway network is authorized to use the service lines and the ignition channels, including the mother track, of the national railway network directly connected to this network on the production of a declaration only at the ESP and RFF, by which the company undertakes to comply with the requirements of the operating documentation relating to these tracks.
When issued to a railway company operating freight transport services, this authorization may, after consultation with RFF and in accordance with the terms and conditions agreed upon by the Minister responsible for transport, be a security certificate on the national railway network up to stations or yards determined by the ESP network.
The provisions of this title shall apply:
1° The definition, design, construction, commissioning, redevelopment, renewal, operation and maintenance of the elements of the railway system whose commercial operation is subject to authorization under section 43;
2° To put on the market the interoperability components referred to in Article 32 with a view to their incorporation into the railway system;
3° The professional qualifications and health and safety conditions of personnel who contribute to the operation and maintenance of the railway system.
I. - For the purposes of this title:
1° "T trans-European high-speed railway system": the part of the railway system consisting of infrastructure, including the fixed lines and installations of the trans-European transport network built or fitted to be travelled at high speed, and the rolling equipment designed to circulate on this network;
2° "Conventional Trans-European Railway System": the part of the railway system consisting of infrastructure, including the fixed lines and installations of the trans-European transport network built or fitted for conventional rail transport and combined rail transport, and the rolling stock designed to circulate on this network;
3° "Interoperability": the ability of a railway system to allow safe and undisrupted train traffic on the lines it entails by performing the performance required for these lines; this ability is based on all regulatory, technical and operational conditions that must be met to meet the essential requirements;
4° "Subsystems": the structural or functional subdivisions of a railway system;
5° "Interoperability Constituents": Elementary components, groups of components, sub-assemblies or complete sets of material incorporated or intended to be incorporated into a sub-system, determined by the technical interoperability specifications;
6° "Essential requirements": the conditions, as set out in the annex to this decree, which must be satisfied, according to the railway system to which they belong, the subsystems, the interoperability components and their interfaces;
7° "European specifications": common technical specifications, European technical approvals or national standards transposing a European standard;
8° "Technical specifications of interoperability": the specifications that each subsystem or, if any, part of subsystem, and its constituents must meet to meet the essential requirements; the technical specifications for interoperability, set at the community level, are published in the Official Journal of the European Union;
9° "Executive bodies": the bodies designated by the Member States to implement the procedure for evaluating the conformity or suitability of the use of the interoperability components and the procedure for verification "EC" of the subsystems;
10° "Redevelopment": the important work of modifying a subsystem or subsystem;
11° "Renewal": important work to replace a subsystem or subsystem with an existing subsystem or subsystem;
12° "Replacement as part of an interview": the replacement of components by parts with a function and offering identical performance as part of a preventive or corrective maintenance.
II. - RFF establishes the national grid infrastructure registry describing the main features of each authorized subsystem and subsystem and the alignment between them and the requirements of the applicable interoperability technical specifications. This register is updated annually and communicated to the Minister responsible for transportation and to the ESF. It is made available to the public.
III. - The Minister for Transport specifies by order:
(a) The constituent elements of high-speed and conventional trans-European railway systems;
(b) Subsystems of high-speed and conventional trans-European railway systems;
(c) The procedure for assessing the conformity or suitability of the use of interoperability components and the contents of the corresponding "EC" declarations as well as the "EC" verification procedure of the subsystems and the contents of the corresponding "EC" declaration;
(d) The minimum requirements of the authorized bodies.
Interoperability components for the railway system may not be detained for the sale, sold, sold or employed without being provided with the "EC" declaration of conformity or fitness to employment described by the order set out in c of III of section 31 of this Order. Their use must be in accordance with their destination and installation and maintenance must meet the technical specifications that apply to them.
The manufacturer of an interoperability grantor or his agent in the territory of one of the Member States of the European Community shall establish the declaration "EC" of conformity or suitability of employment described by the order set out in c of III of Article 31 of this Decree, provided that it complies with the provisions provided for by the technical specifications of interoperability concerning this grantor.
When the technical specifications for interoperability provide for this, the compliance with these specifications is verified by the authorized body to which the manufacturer addresses. This body shall establish, where appropriate, a certificate of compliance.
When interoperability components are subject to regulations transposing other directives than those of 23 July 1996 or 19 March 2001, the declaration "EC" of conformity or fitness to employment indicates that interoperability components also meet the requirements of these other regulations.
When neither the manufacturer nor its agent met the obligations set out in the preceding paragraphs, these obligations are the responsibility of any person who puts on the market the interoperability components. The same obligations apply to those who assemble interoperability components or some of the interoperability components of various origins, or who manufacture interoperability components for their own use.
Any person who has made a "EC" declaration of conformity or fitness for employment must hold the supporting evidence of this statement to the inspection officers referred to in section 26-2 of the Act of 30 December 1982 referred to above.
It shall be punishable by penalties for contraventions of the third class that, for any person, fail to present to the inspection officers the evidence referred to in section 33 and the fact, for any person, of holding for the sale an interoperability constituting not in accordance with the technical specifications of interoperability whose references have been published in the Official Journal of the French Republic or in possession of a decree "EC"
The Minister for Transport may grant derogations from the technical specifications of interoperability, including those relating to rolling stock, where a new line, renewal or redevelopment of an existing line or any item referred to in section 1 is at an advanced stage of development or is subject to a contract being executed on the date of publication of these specifications in the Official Journal of the European Union.
The same applies when, as a result of an accident or natural disaster, the rapid recovery conditions of the network do not economically or technically permit the partial or total application of the corresponding technical interoperability specifications.
The request for an exemption is addressed to the Minister for Transport and to the PWSP who advises the Minister. It includes the description of the project status and the specifications selected as well as the technical interoperability specifications to which the applicant wishes to waive. The file includes RFF's notice when the application concerns rolling stock for the national grid.
When the Minister for Transport is considering the application for exemption, the European Commission is informed of the request and the file is communicated to it.
The silence kept by the minister for more than six months is a decision to reject. This deadline only runs from the time the file is complete.
It may be derogated from the technical interoperability specifications, including those relating to rolling stock, in the event of renewal, redevelopment or extension of an existing line, where their application may compromise the economic viability of the project.
This derogation may also be granted when the gauge, deviation or axis of the lanes, or the electrical voltage provided by the technical interoperability specifications are incompatible with the technical characteristics of the existing line.
The request for an exemption is sent, at the initial project definition phase, to the Minister responsible for transportation and to the PWSP who advises the Minister within two months. It presents the specifications selected as well as the technical interoperability specifications to which the applicant wishes to waive. The file includes RFF's notice when the application concerns rolling stock for the national grid.
If it is in favour of granting the exemption, the Minister for Transport shall forward the application within three months to the European Commission. It shall inform the applicant of this transmission and of the follow-up provided by the Commission. An application not submitted within that time limit is deemed to be rejected. The preliminary safety record set out in section 47 takes into account the specifications selected and the technical specifications to which it is derogated.
The Minister responsible for transport shall, by order, establish the categories of renewal and redevelopment projects, the nature or importance of which warrants that the applicant, as well as the ESP, prior to the work, provide a file describing the project and the implementation of the technical interoperability specifications for which the application is considered. The file includes RFF's notice when the application concerns rolling stock for the national grid.
On the basis of this record, the Minister may, after the opinion of the EPSF, decide which technical specifications of interoperability or parts of technical specifications of interoperability should be applied to the project if it does not belong to the high-speed trans-European railway system. The decision is communicated to the European Commission and other member States.
The authorization for commercial exploitation provided for in Title V of this Order shall be issued in accordance with the procedure provided for in that case in the event of a substantial modification of an existing system or subsystem. The preliminary safety record set out in section 47 takes into account the specifications and the specifications to which it is derogated.
If it is found that an interoperability grantor with the "EC" declaration of conformity or fitness to employment, used on a railway network in accordance with its destination, may compromise the satisfaction of the essential requirements, the PESP shall, after the opinion of RFF, take the necessary measures to restrict its area of application or to prohibit its use on the relevant lines.
The European Commission and other member States are informed of the measures taken and their reasons. This information reveals, in particular, whether non-compliance with the essential requirements results from the poor application of the European specifications or the insufficiency of these specifications.
If it is found that a structural subsystem with the "EC" verification declaration does not fully comply with the provisions of this Order, including the essential requirements, the WSP may request further audits to be conducted.
The European Commission is informed of the additional audits requested and the reasons for their request.
The bodies established in France implementing the procedures for the assessment of conformity or fitness for employment and verification specified by the provisions of the order set out in c of III of Article 31 of this Decree are entitled to this purpose jointly by the Ministers responsible for transport and industry. The identification number assigned to these bodies by the European Commission is published in the Official Journal of the European Union and the Official Journal of the French Republic.
The authorization shall be granted, after the opinion of the EPSF, on the basis of criteria defined by a joint order of Ministers responsible for transport and industry which shall include the minimum criteria specified by the order set out in Article 31(d) of this Order. It indicates the tasks for which the agency is authorized.
It may be withdrawn if the Minister for Transport and the Minister for Industry find that this body no longer meets the minimum requirements, after it has been put in a position to present its observations.
This title applies to railway public transport systems within the meaning of section 13-1 of the above-mentioned Act of 30 December 1982 and to their subsystems, to be incorporated into the infrastructure of a network referred to in the third paragraph of section 1st or to be used on any of these networks.
Any new system or subsystem or any modification of an existing system or subsystem shall be designed and realized so that the overall level of security is at least equivalent to that of existing systems or subsystems providing comparable services or functions.
I. - For the purposes of this title:
1° New system or subsystem: a system or subsystem that has not already been authorized to commercially operate on one of the railway networks mentioned in Article 1;
2° Substantial modification of an existing system or subsystem: any modification requiring the resumption of the security demonstration in the security record provided for in section 51 or, in the absence of such a record, any modification leading to a noticeable change in the security functions of the system or subsystem or requiring the use of new technologies.
II. - A new or substantially modified system or subsystem can only be put into commercial operation if the proponent has previously obtained a security clearance from the WSP and, where applicable, its interoperability. This authorization may include specific requirements.
The issuance of the commercial exploitation authorization is subject to the production by the proponent of the following records:
1° From the initial project definition phase, a safety definition file;
2° At the end of the project design studies, a preliminary safety file;
3° At the end of construction work, a security file.
The silence held more than four months by the WSP on one of these files is a decision to refuse approval of the preliminary security record set out in section 47 or, if it is the security file, authorization to commence commercial exploitation. The deadline only begins when the file is complete. The WSP discloses within one month of receipt of the application whether or not the application includes all required documents and documents. Otherwise, the file is deemed complete at the end of this period.
The WSP consults with the Minister for Civil Security on each of these files, as well as on systems and subsystems intended to be incorporated or implemented into the national grid, RFF when it is not the promoter.
III. - Subsystems that are likely to be replicated and commercially operated under similar conditions are subject to a type authorization issued by the WSPA which specifies their performance and areas of employment. A certificate of conformity to the authorized type shall be issued by the manufacturer under conditions fixed by order of the Minister for Transport and shall be authorized to commercially operate the series. These provisions also apply to the substantial modification of existing subsystems.
The silence held by the EPSF more than four months on an application for type approval is worth rejecting the application. This deadline only runs from the time the application file is complete. The WSP discloses within one month of receipt of the application whether or not the application includes all required documents and documents. Otherwise, the file is deemed complete at the end of this period.
IV. - The content and format of the records referred to in II of this section and the application for type approval referred to in III are specified by joint order of the Minister for Transport and the Minister for Civil Security.
When designing and implementing a new system or subsystem or substantially modifying an existing system or subsystem, the project proponent selects a qualified expert or agency approved by the ESP. This approval is issued for a maximum of five years. An order of the Minister for Transport specifies the conditions and conditions for the issuance, renewal of restrictions, suspension and withdrawal of such approval.
In particular, the approved expert or qualified body shall be responsible, if necessary by on-site visits, to assess whether the design and implementation of the system or sub-system under consideration allow the system to respect, for the foreseeable duration of its operation, the security objective referred to in Article 42 of this Order.
A joint order of the Minister for Transport and the Minister for Civil Security shall specify the contents of the mission of the expert or qualified agency approved according to the nature of the projects, as well as the reports provided for in sections 49, 53, 54 and 57 of this Order.
The safety definition file presents the main technical and functional characteristics of the project and the list of accidents and hazards of any kind that may occur, in particular those that are likely to affect the environment. This file presents the key security issues and the elements to achieve the safety objective and, where applicable, to meet the applicable technical interoperability specifications.
It also indicates the expert or qualified organization selected by the sponsor and the content of his mission.
The WSP informs the proponent and the organizations consulted by the proponent on the definition file. This notice specifies the specific safety points to be taken into account in the design and realization of the system or subsystem.
Work on the realization of a new system or subsystem or a substantial modification of an existing system or subsystem may only be undertaken after approval by the ESF of the preliminary security file.
When the project has several phases, the WSP may request that a preliminary safety record be presented for each of them.
When the complexity of the project warrants it, the preliminary security file can be presented in several stages.
The preliminary safety record sets out the security objectives pursued and the methods to be applied to achieve them, the demonstration methods and the principles of which compliance will allow the maintenance of the security level throughout the operating period of the system or subsystem.
It contains a document on the organization of the project presenting the division of tasks of the various stakeholders in the construction and demonstration activities of security.
The preliminary safety record is accompanied by a security report prepared by the certified expert or qualified body.
The WSP may request further studies to determine that the required level of security will be met.
Approval of the preliminary safety record may be accompanied by additional requirements. The approval decision specifies, as appropriate, the specific conditions for monitoring the implementation and information of the WSP.
Approval is expired if work is not undertaken within two years of notification.
The proponent shall inform the WSP of the progress of the work and tests and tests carried out in the event of a deviation from the provisions contained in the preliminary safety record. The ESF may request further expertise, testing or testing.
The commercial operation of a new or substantially modified system or subsystem is authorized by the ESP on the basis of the security file.
When carrying out a project involves several phases, the WSP may request that a security file be submitted for each of them and issue a phased commercial exploitation authorization.
The security file describes the system or subsystem as it has been achieved and demonstrates that all of the obligations and requirements mentioned in the preliminary security file are met, that the security objective can be met throughout the duration of the operation of the system or subsystem, and that any changes in the project that have occurred since the filing of the preliminary security file do not question the security objective.
The security file contains all necessary documents to describe the system or subsystem, as well as the maintenance principles and the level of competence required for personnel assigned to security tasks. It shall include, as appropriate, the "EC" verification statement described in c of III of Article 31 of this Order, subject to, where applicable, exemptions provided for in Articles 36 and 37.
The security file is maintained throughout the operation of the system or subsystem.
The security file is accompanied by the report of the certified expert or body that the implementation is in accordance with the provisions of the preliminary safety record.
If the file is incomplete, the WSP invites the proponent to complete the file by indicating the points to be changed or further developed and the elements to be added. It may also request further advice and reports.
By derogation from the provisions of Article 43 of this Decree, the type authorization of a subsystem that may be reproduced that is already authorized on a network of another Member State of the European Union or applying rules equivalent to those of the European Union pursuant to agreements with the European Union is issued by the ESP on the basis of a technical security record.
This file contains a copy of the authorization already benefiting the subsystem, presents the main features, indicates the intended area of use and identifies possible deviations with published technical and security rules. It includes an analysis of these discrepancies verifying that they do not have a security impact or, if not, presenting the necessary measures to reduce these deviations and obtain the required level of safety. It is accompanied by the report of an accredited expert or qualified body.
For subsystems already authorized on a network of another Member State of the European Union or applying rules equivalent to those of the European Union pursuant to agreements concluded with the European Union, the promoter may, on justification, request that the rules applied in that State for the issuance of the authorization be considered equivalent, with respect to the security objective, to the applicable French regulation.
The provisions of the second paragraph of the III and those of the IV of Article 43 of this Decree shall apply.
The WSP maintains the register of authorized rolling stock types.
An order of the Minister responsible for transport specifies the conditions for the establishment and updating of this register and the information it contains, including the categories of rolling stock defined by the applicable technical interoperability specifications. It also specifies the period in which the types of equipment already authorized to be published are entered into the registry.
It is assigned to each authorized rolling stock an alphanumeric code. This code is affixed to each vehicle and is included in a national registration register.
An order of the Minister responsible for transport specifies the conditions for the establishment and updating of the national registration register and provides, where applicable, transitional provisions.
By derogation from the provisions of Article 43 of this Decree, the authorisation for a substantial modification of a previously authorized rolling stock shall be issued by the EPS on the basis of a technical security record.
This file contains a copy of the authorization already available to the equipment, describes the type of rolling stock, identifies the intended area of use and identifies possible deviations with published technical and safety rules. It includes an analysis of these discrepancies verifying that they do not have a security impact or, failing that, presenting the necessary measures to reduce these deviations and obtain the required level of safety. It is accompanied by the report of an accredited expert or qualified body.
For materials already authorized on a network of a Member State of the European Union or applying rules equivalent to those of the European Union pursuant to agreements concluded with the European Union, the promoter may, on justification, request that the rules applied in that State for the issuance of the authorization be considered equivalent, in relation to the security objective, to the applicable French regulation.
The provisions of the second paragraph of the III and those of the IV of Article 43 of this Decree shall apply.
The following statutory provisions are repealed in matters of a regulatory nature:
- Article 4 of the Act of 15 July 1845 on the railway police;
- the Act of 26 March 1897 to authorize derogations to section 4 of the Act of 15 July 1845 with respect to fences and railway barriers.
In article 78 of the above-mentioned decree of 22 March 1942, the words: "of the nature of those mentioned in article 34" are replaced by the words: "infect or dangerous".
The provisions of the above-mentioned Decree of 1 April 1992 are amended as follows:
I. - The second and third paragraphs of Article 1 shall be replaced by the following:
"However, on approach paths operated solely for the operation of the clutch, the rules on the speed of the vehicles are the operating rules of the national grid.
"In the sense of this decree, the paths between the main tracks of the national railway network and the enclosure of the establishment are defined by approach. The limits of the area covered by the approach lines are set by conventions between Réseau ferré de France and the clutch. »
II. - In the last paragraph of Article 2, the words "of the Société nationale des chemins de fer français" are replaced by the word "national".
1 of Title II of the schedule to the above-mentioned Order in Council of 19 December 1997: "Decisions in the field of competence of the general management of industry, information technology and positions":
1° The provisions relating to Decree No. 2001-129 of 8 February 2001 transposing Council Directive 96/48/EC of 23 July 1996 on the interoperability of the high-speed trans-European railway system and Decree No. 2005-276 of 24 March 2005 on the interoperability of conventional and high-speed trans-European railway systems are deleted;
2° The following provisions are added:
"Decree No. 2006-1279 of 19 October 2006 on the safety of rail transport and the interoperability of railway systems:
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I. - In Title II of the annex to the decree of 19 December 1997 referred to above, under the mention: "Actions taken by Ministers Responsible for Transport and Industry":
1° The provisions relating to Decree No. 2001-129 of 8 February 2001 transposing Council Directive 96/48/EC of 23 July 1996 on the interoperability of the high-speed trans-European railway system and Decree No. 2005-276 of 24 March 2005 on the interoperability of conventional and high-speed trans-European railway systems are deleted;
2° The following provisions are added:
"Decree No. 2006-1279 of 19 October 2006 on the safety of rail transport and the interoperability of railway systems:
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II. - In B of Title II of the same annex, under the words "Actions taken by the Minister for Transport":
1° The provisions relating to the Decree of 7 March 2003 relating to the use of the national grid are replaced by the following:
"Decree No. 2003-194 of 7 March 2003 on the use of the national grid:
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2° The following provisions are added:
"Decree No. 2006-1279 of 19 October 2006 on the safety of rail transport and the interoperability of railway systems:
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The above-mentioned decree of 7 March 2003 is amended:
I. - At the 2nd of section 4, the words "issued by the Minister responsible for transport" are replaced by the word "valid".
II. - Section 6 is replaced by the following:
“Art. 6. - Licensees meet the requirement of professional capacity if they justify that they have the knowledge, experience and management organization that allows them to exercise safe and effective operational control and monitoring of the type of transportation designated in the licence.
"An order by the Minister for Transport sets out the terms and conditions for the application of this section, including the nature of the information required. »
III. - The fifth paragraph of Article 28 is replaced by the following provisions:
" - the exercise of the right of access to the network".
The above-mentioned decree of 9 May 2003 is amended:
I. - Article 1 is supplemented by the words: "or other railway networks referred to in Article 1 of Act No. 2006-10 of 5 January 2006 relating to the safety and development of transport".
II. - In the first paragraph of section 3, the reference to section 50 is replaced by a reference to section 46.
III. - Sections 46 to 50 are replaced by an article 46 as follows:
“Art. 46. - This title applies to guided public transport systems whose vehicles circulate for part of their journey, on the national railway network or on one of the railway networks mentioned in section 1 of Act No. 2006-10 of 5 January 2006 on the safety and development of transport and, for the other party, on one of the networks mentioned in title II.
"These systems are subject, for the part of their journey on the national grid or on a network with comparable operating characteristics, to the regulatory provisions applicable to these networks and, for the other party, to those of Title II subject to the following provisions.
"The missions entrusted to the certified expert or qualified organization are carried out on the entire course by the same expert or agency. This checks, in particular, the overall consistency of the project in terms of safety.
"Security definition files, preliminary security records and security records are sent by the prefects concerned to the Public Rail Safety Institution which discloses its opinion or decision on the part concerning the networks for which it is competent. »
IV. - In Article 56, after the words: "the national railway network" are added the words: "or other railway networks with comparable operating characteristics. »
V. - In the second paragraph of section 70, references to sections 49 and 50 are replaced by a reference to section 46.
VI. - In the third paragraph of section 70, references to sections 48, 49 and 50 are replaced by a reference to section 46.
The above-mentioned Decree of 26 January 2004 on technical investigations after sea event, accident or incident of land transport is thus amended:
I. - The first paragraph of Article 20 is replaced by the following provisions:
"The initiation of an investigation is decided by the Director of the Land Transportation Accidents Investigation Office at the request, or with the agreement, of the Minister for Transport. »
II. - In article 20, a second paragraph is inserted as follows:
"However, an investigation is carried out by the Land Transportation Accidents Investigation Office after any serious rail accident. In addition, the Director of the Land Transportation Accidents Investigation Office may decide to conduct an investigation after a serious event that, in neighbouring circumstances, could have led to a serious rail accident. »
III. - In section 23, the words: "On the proposal of the Director of the Land Transportation Accidents Investigation Office" are deleted and the words: "Commissioned by the Minister for Transport" are replaced by the words: "Commissioned by the Director of the Land Transport Accidents Investigation Office".
Article 2 of the above-mentioned Decree of 28 March 2006 is amended as follows:
I. - It is replaced by the following:
“(a) To issue, renew, restrict, suspend or withdraw the approvals, certificates and security certificates, the approvals of qualified experts or organizations, the approvals of training centres, to issue, restrict, suspend or withdraw the authorizations for the realization, substantial modification and commercial exploitation of railway systems and subsystems provided for in section 13-1 of the Act of 30 December 1982 referred to above. »
II. - At the end of the d, the words: "rail safety" are replaced by the words: "rail safety and interoperability".
III. - After the g, the following provisions are added:
“(h) To request the amendment or withdrawal of the specific operating rules referred to in Article 10 of Decree No. 2006-1279 of 19 October 2006 and to authorize the traffic referred to in this Article;
“(i) Define the stations or yards located on the national railway network to which an authorization to operate goods transport services delivered to a railway company on a connected network can be issued security certificate. »
Are repealed:
1° Article 10 of the decree of 19 January 1934 referred to above;
2° The second and third sentences of the first paragraph and the second paragraph of Article 1 and articles 2 to 5, 7 to 72, 81 to 84, 87, 89, 94 and 96 of the above-mentioned decree of 22 March 1942;
3° Decree No. 2000-286 of 30 March 2000 on the security of the national railway network;
4° Decree No. 2001-129 of 8 February 2001 on the transposition of Council Directive 96/48/EC of 23 July 1996 on the interoperability of the high-speed trans-European railway system;
5° Title III of Decree No. 2003-194 of 7 March 2003 referred to above subject to the provisions of Article 68 III;
6° Decree No. 2005-276 of 24 March 2005 on the interoperability of conventional and high-speed trans-European railway systems.
I. - RFF and SNCF have a deadline expiring 31 October 2007 to file their application for security clearance in accordance with the provisions of section 19.
II. - The SNCF has a deadline expiring 30 April 2007 to file its security certificate application in accordance with the provisions of Articles 20 and 21.
III. - Requests for the renewal or amendment of a security certificate issued by the Minister responsible for transport pursuant to the provisions in force prior to the issuance of this Order shall remain governed by these provisions if they are submitted by 1 May 2007.
IV. - Companies holding an operating agreement in accordance with Article 4.1 of the terms of reference of the SNCF shall have a period expiring 31 October 2007 to file their security certificate application in accordance with the provisions of Article 23 of this Order.
V. - Certificates of security, approvals of training centres, authorizations for the commercial operation of systems or subsystems issued by the Minister responsible for transport pursuant to the provisions in force prior to the date of publication of this Order remain valid until they expire. These acts are amended, suspended, withdrawn or are restricted by the Director General of the WSP in accordance with the provisions of Article 8 of this Order.
The provisions of this decree may be amended by decree in the Council of State, with the exception of those of articles 3, 36, 37, 38 and 41, which shall be amended under the conditions laid down by article 2 of the decree of 15 January 1997 referred to above.
The Prime Minister and the Minister of Transport, Equipment, Tourism and the Sea are responsible for the implementation of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E
PREVUE TO 6° OF ARTICLE 31 DEFINISHING ESSENTIAL EXIGENCES
APPLICABLE TO RAILY SYSTEMS TRANSEUROPEAN TO GREAT VITESSE AND CONVENTIONNEL
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Done in Paris, October 19, 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
Minister of Transport, Equipment,
tourism and the sea,
Dominica Perben
