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Decision of 3 December 2004 laying down detailed rules on the business permit and the safety attestation for railway undertakings using the main railways (company licensing and safety statement on main railways)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Transport and Water of 16 September 2003, no. HDJZ/S&W/2003-1879, Chief Executive of Legal Affairs;
Having regard to Directive No 18 of the Council of the European Union of 19 June 1995 on the licensing of railway undertakings (PbEG L 143), Article 32 of the Directive No 2001 /14/EC of the European Parliament and the Council of the European Union of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure, as well as on safety certification (PbEG) L 75) and the Articles 28, second paragraph , 31 , 35 and 55, second member, of the Railway Act ;
The Council of State heard (opinion of 19 December 2003, No W09.03.0391/V);
Having regard to the further report of our Minister of Transport and Water State of 29 November 2004, No HDJZ/S&W/2004-2883, Main Legal Affairs Directorate;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. Directive 2004 /49/EC: Directive No 2004 /49/EC of the European Parliament and of the Council of the European Union of 29 April 2004 on safety on the Community's railways and amending Council Directive 95 /18/EC on the granting of licences railway undertakings, and of Council Directive 2001 /14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure, as well as on safety certification (Railway Safety Directive) (PbEG L 164);
b. Safety-care system: safety-care system as intended Article 32, first paragraph, part b, of the Act ;
c. Act: Railway Act .
The business permit, referred to in Article 28, first paragraph, of the Act , the name of the railway undertaking shall be given, indicating the names of the natural or legal persons participating.
A railway undertaking shall have a good name as referred to in Article 28, first paragraph, of the Act , if:
(a) no irrevocable bankruptcy against it has been declared for the preceding five years;
b. They in the preceding five years, whether or not with application of Article 51 of the Code of Criminal Law , has not been irrevocably condemned for being repeatedly or severely violated of:
1 °. the provisions of or pursuant to Article 4: 3 , 5:15, 5th and 6th Member , or 8: 3 of the Working Time Act ,
3 °. Articles 1:11 , 1:23 , 1:27, 1st Member , 1:32, second member , 10:1, 1st and 2nd Member , 10: 2 , 10: 3 , 10: 4 , 10:5, 1st, 2nd and 3rd member , or 10: 9 of the General Customs Act ,
4 °. Article 15, first paragraph, and Article 189, second paragraph, of Regulation (EU) No 148/89. 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (PbEU 2013, L 269), and
(c) no final judgment has been delivered against it in the preceding five years on the ground of repeated or serious failure to fulfil obligations arising out of contracts of employment concluded or contracts of contract concluded with the to perform work.
1 On a driver of a railway undertaking Article 3 applicable mutatis mutandis.
2 If natural persons or legal persons act jointly as railway undertakings, each of the natural persons and each of the directors of the legal persons shall comply with the requirement of good name.
3 If the permanent and actual management by any person other than the natural person as intended in Article 2 It shall be performed by a driver other than that referred to in paragraph 1, Article 3 to that other mutatis mutandis.
For financial standing as intended in Article 28, first paragraph, of the Act requires that:
a. The financial position of the railway undertaking is sufficient to meet its existing and future obligations arising from current or planned operations for at least one year, and
b. The railway undertaking has not been subject to any significant arrears in respect of any tax or social security contributions imposed on the undertaking's activities.
The requirement of professional competence specified in Article 28, first paragraph, of the Act is satisfied if the railway undertaking has or will have an administrative organisation with the necessary knowledge and experience to ensure the operational control and supervision of the activities defined in the authorisation on a safe and reliable basis; to be able to exercise.
1 A railway undertaking complies with the requirements of Article 55 of the Act resulting insurance obligation if it has covered the financial risks arising from civil liability by means of an insurance which the Netherlands has as the cover area and has a cover amount of at least € 10,000,000 per event.
2 The requirement to obtain a business licence is that if the railway undertaking wishes to carry out rail transport outside the Netherlands, it must be provided with additional insurance for the countries concerned.
1 The types of use of the main railway referred to in Article 28, second paragraph, of the Act For which our Minister is able to leave the requirements of good name and financial standing outside, are:
a. shunting operations,
(b) the conduct of own transport operations;
c. participate in rail transport without carrying out transport.
2 The types of use of the main railway referred to in Article 28, second paragraph, of the Act which our Minister may not apply to the requirements of good name, financial standing and professional ability, are:
a. To avoid, for the purposes of surrender or station facilities, the main railway, within the limits of a railway yard, as specified in: Article 1 (e) of the Railway Decision , or
b. Participating in rail with self-driving tools or similar vehicle for carrying out work on or near the main railway on a part of the main railway outside the service for the purpose of this work ed.
3 A railway undertaking carrying out activities only as referred to in the second paragraph shall comply with the requirements of Article 55 of the Act resulting insurance obligation if it has covered the financial risks arising from civil liability by means of an insurance which the Netherlands has as the cover area and has a cover amount of not less than € 2,500,000 per event.
4 Article 7, second paragraph , shall apply mutatis mutandis.
5 The type of use of the main railway, intended to be used in Article 28, second paragraph, of the Act for which Our Minister has the requirements of good name, financial standing and professional ability as well as the from Article 55 of the Act the resulting insurance obligation may be out of application: all tasks arising out of the care of management referred to in Article 16 of the Act , as executed by an administrator.
An application for the granting of a business licence shall include, in order to obtain the necessary good name, the following:
a. An explanation of the behaviour as referred to in Article 28 of the Law and Criminal Justice Act , which statement does not exceed two months,
(b) a declaration issued by the Chamber of Commerce and not more than two months, without irrevocable bankruptcy vis--vis the railway undertaking or its directors for the period of five years prior to the application for authorisation pronounced.
An application for a business licence shall contain, for the purposes of the requirement of financial capacity, the applicant's last annual accounts or annual balance sheet and the information referred to in Annex III to this Regulation. Directive 2012/34 /EU.
For the purposes of granting a business permit, our Minister shall use a set of model permits referred to in Annexes I and II of the European Commission Implementing Regulation (EU) 2015/171 of 4 February 2015 on certain conditions of access to the marketing authorisation and for the marketing authorisation of certain products. aspects of the procedure for the licensing of railway undertakings (PbEU 2015, L 29) and subject to the provisions of Article 3 of that Implementing Regulation.
1 A railway undertaking to whom a business licence has been granted shall notify the Minister as soon as possible in writing of any change in respect of good name, professional competence and the obligation to provide insurance, to which it must be reasonably expected to change the business. be assumed to have an effect on the business licence granted or the restrictions or regulations attached to the authorisation.
2 In each case, a railway undertaking shall report:
a. an alteration of the name of the undertaking or of one of the names of the natural or legal persons acting jointly as railway undertakings;
b. a proposed major change or extension of the activities of the railway undertaking.
Without prejudice Article 12 , the railway undertaking shall submit to our minister every five years from the date of entry into force of the business licence:
a. An explanation of the behaviour as referred to in Article 28 of the Law and Criminal Justice Act ,
b. a copy of the tender to the Chamber of Commerce,
c. a certificate of cover of the financial risks arising from civil liability; and
d. a declaration that it complies with the requirement of professional competence, Article 6 .
Rules governing the granting, refusal, modification, suspension or revocation of a business licence may be subject to a ministerial arrangement.
1 An application for a safety certificate as referred to in Article 32, first paragraph, of the Act shall contain at least the particulars and documents provided for in the Ministerial Regulation.
2 The holder of a safety certificate shall ensure that the safety management system continues to have:
a. A valid A certificate specified in Article 32, first paragraph, part a, of the Act a valid equivalent certificate, as referred to in Article 32 (2) of the Act; and
b. A valid B certificate, intended in Article 32, first paragraph, part b, of the Act .
3 A B certificate as referred to in Article 32, first paragraph, part b, of the Act shall be valid only if the railway undertaking has a valid A certificate as referred to in Article 32 (a) of the Act.
4 The holder of a safety certificate shall use the main railways within one year from the date of issue.
5 The holder of a safety certificate in respect of which Our Minister referred to an A certificate as intended Article 32, first paragraph, part a, of the Act , has granted, makes it possible to notify our Minister as soon as possible of any changes to that certificate which should reasonably be assumed to have any effect on the security certificate issued or for the benefit of associated limitations and regulations.
1 The holder of a safety certificate shall apply an adequate safety management system, which shall ensure that the railway undertaking:
a. In the case of normal operations, and in the case of foreseeable deviations, no damage is caused, and no one is unduly impeding or endangering and ensures that the rail traffic can be wound up as far as possible without disturbances;
b. takes into account the specific requirements when normal operations are carried out on those of other users of the railway or of the manager;
(c) recognise the risks associated with operations and take appropriate measures to control them adequately while taking into account the state of the art and the knowledge and guidelines available within the industry for a safe and secure environment. business operations;
(d) establishes and applies procedures for the taking of corrective measures in the event of deviations and incidents, as well as for the continuous improvement of the safety level for the purpose of changing circumstances and on the basis of Experience;
(e) ensure that workers with a safety function with a view to maintaining their suitability, knowledge and competence for the function in question have the necessary exercise and the necessary further or further training; training and studying.
2 The safety management system is appropriate for the nature and size of the railway undertaking.
3 An adequate safety management system as referred to in the first paragraph shall include at least the business processes set out in accordance with Annex III to Directive 2004 /49/EC, as provided by the Minister.
Exempted from the obligation to have a safety certificate as specified in Article 27, second paragraph, part b, of the Act is a railway undertaking which:
a. Using a railway line connected to a main railway and, having regard to that particular railway, only makes use of the part of that main railway up to the first railway station of that main railway as intended for the first time Article 26, third paragraph, of the Act ;
b. Of the railways referred to in subparagraph (a), only uses historic railway vehicles;
c. applies a safety management system that complies with Article 16a (1), first paragraph, parts (a) to (e) and second paragraph , and rules to be laid down by ministerial arrangement; and
d. Reported to Our Minister that the requirements specified in Parts A, B and C are met.
Exempted from the obligation to have a safety certificate as specified in Article 27, second paragraph, part b, of the Act is a railway undertaking which:
a. Only uses a main railway as intended in Annex 2 of the Main Railway Decision , in so far as it is not secured by light signals, and only from the part of that main railway up to the first S-board, seen from the premises of the holding which is connected to that main railway;
b. On the main railways referred to in subparagraph (a), only:
1. trains splits, re-joins, rejoins and disconnects, guides, conducts together, manoeuvring in a particular sequence or performs a braking test in the context of preparing for transport or following the transport by a railway undertaking has a valid safety certificate;
2. trains shall be prepared for loading and unloading, or in anticipation thereof;
c. applies a safety management system that complies with Article 16a (1), first paragraph, parts (a) to (e) and second paragraph , and rules to be laid down by ministerial arrangement; and
d. Reported to Our Minister that the requirements specified in Parts A, B and C are met.
1 Main railway as intended Article 32, third paragraph, of the Act shall be designated:
a. Maastricht (Visé)-Belgian border;
b. Roosendaal-Belgian border;
c. Terneuzen-Belgian border;
d. Bad Nieuweschans-German border;
e. Enschede-German border; and
f. Venlo-German border.
2 An equivalence as referred to in Article 32, third paragraph, of the Act , the following applies to a railway undertaking:
a. which makes use only of the main railways as designated in the first paragraph;
b. the safety management system of which is: Article 32 of the Act , describes the use of a main railway as referred to in the first paragraph; and
c. which has reported to Our Minister that requirements are met, as referred to in parts a and b.
Our Minister may issue a pilot certificate as intended Article 34 of the Act where the railway undertaking is likely to be able to use the main railway in a responsible manner during the period of validity of the pilot certificate.
Our Minister uses his authority to withdraw the security certificate as intended Article 33, third paragraph, of the Act , if the holder of that certificate no longer complies with Article 16, second paragraph and third member , and Article 16a .
In the case of ministerial arrangements, detailed rules may be laid down in respect of:
a. the modification or suspension of the safety certificate; and
(b) the grant, refusal, modification, suspension or revocation of the test certificate.
1 The holder of a safety certificate in respect of which: Article 16, third paragraph No application has been made, an annual report on rail safety is published every calendar year and will be sent to our Minister for the following year for 30 June each time.
2 In any event, the annual report shall contain the information referred to in Article 9 (a) (a) to (d) of Directive 2004 /49/EC.
Amendment of Article 9 (4) and Annex III to Directive 2004 /49/EC shall apply to the application of: Article 19, second paragraph -Subspecies of Article 16, second paragraph They shall be valid from the date on which the relevant amending Directive is to be implemented.
A statement made before the entry into force of this Decision by an independent certifying body that a company complies with the Safety Health Environment Checklist Contractors with Spirits Technical Commentary Rail Infrastructure, The date to be determined by the Minister shall be deemed to be a pilot certificate as referred to in Article 34 of the Act except that this pilot certificate applies only to the participation in the rail with self-driving tool or similar vehicle to carry out work on or near the main railway, on a part of the Main railway out of service.
After the entry into force of Article 20 (B) of the Special Railways Decision , the Main Rail Safety Certificate Scheme including the Article 16, first paragraph , 16b, part c , and 16c, part c , and 18 of the company licence and safety certificate decision.
The articles of this Decision shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts thereof.
This Decision is cited as: Decision on a business licence and safety certificate of the main railways.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 3 December 2004
Beatrix
The Minister of Transport and Water,
K. M. H. Peijs
Published on the 21st of December 2004The Minister of Justice,
J. P. H. Donner
