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Law No. 55 Of 16 March 2006 On The Railway Safety

Original Language Title:  LEGE nr. 55 din 16 martie 2006 privind siguranţa feroviară

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LEGE no. 55 55 of 16 March 2006 (* updated *) on rail safety ((updated on 1 April 2016 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I Introductory provisions + Article 1 Subject matter The object of this law is to ensure the development and improvement of safety on the Romanian railways and an improved access to the market for rail transport services, by: a) harmonising the regulatory framework with that of the Member States of the European Union; b) definition of participants ' responsibilities; c) transposition into national safety rules of common safety objectives and common safety methods; d) the establishment in Romania of a railway safety authority and a railway accident and incident investigation body; e) defining common principles for the management, regulation and control of railway safety. + Article 2 Scope of application (1) This law applies to the railway system in Romania, which can be subdivided into subsystems for areas of structural and functional nature. It covers the safety requirements for the system as a whole, including the safe management of infrastructure and rail traffic, as well as the interaction between rail operators and infrastructure managers. ((. This Law shall not apply to: a) metros, trams and other urban railway systems; b) networks which are functionally separate from the rest of the rail system and intended only for the operation of local, urban or suburban passenger services, as well as rail operators operating exclusively on these networks; c) private railway infrastructure, which is used only by the owner of the infrastructure for its own freight operations. d) heritage vehicles operating on national networks, provided they comply with national safety rules and regulations, with a view to ensuring a safe movement of such vehicles; ----------- Lit. d) a par. ((2) of art. 2 2 was introduced by section 4.2. 1 1 of art. I of LAW no. 65 65 of 10 May 2011 , published in MONITORUL OFFICIAL no. 335 335 of 16 May 2011. e) of the railway, museum or tourist railway, which operates on its own networks, including its workshops, vehicles and staff. ----------- Lit. e) a par. ((2) of art. 2 2 was introduced by section 4.2. 1 1 of art. I of LAW no. 65 65 of 10 May 2011 , published in MONITORUL OFFICIAL no. 335 335 of 16 May 2011. (3) Traffic safety control for transport networks, provided in par. (2), shall be provided by the Romanian Railway Authority-AFER, in accordance with the provisions Government Ordinance no. 95/1998 on the establishment of public institutions subordinated to the Ministry of Transport, Construction and Tourism, approved with amendments and completions by Law no. 3/2002 , with subsequent amendments and completions. (4) Regulation of safety activities carried out on rail transport networks referred to in par. (2), shall be made by order of the Minister of Transport and Infrastructure. ----------- Alin. ((4) of art. 2 2 has been introduced by section 2 2 of art. I of LAW no. 65 65 of 10 May 2011 , published in MONITORUL OFFICIAL no. 335 335 of 16 May 2011. + Article 3 Definitions For the purposes of this law, the following terms and expressions have the following meanings: a) rail system-the totality of subsystems for structural and operational areas, provided for in Government Decision no. 850/2003 * *) on the interoperability of the conventional rail transport system in Romania with the trans-European conventional rail transport system and in Government Decision no. 1.533/2003 * *) on the interoperability of the high-speed rail transport system and the management and operation of the system as a whole; b) the infrastructure manager-any body or economic agent having as main activity the management and maintenance of the railway infrastructure, provided for in art. 1 1 para. (10) of Government Emergency Ordinance no. 12/1998 on the transport on the Romanian railways and the reorganization of the National Society of Romanian Railways, republished, with subsequent amendments and completions, including the administration of traffic management, control and safety systems of infrastructure. The functions of the infrastructure manager on a network or part of a network may be allocated, in accordance with the regulations in force, to several bodies or economic agents; c) railway operator-any economic operator with state or private capital, provided for in art. 2 of Government Ordinance no. 89/2003 on the allocation of railway infrastructure capacity, the charging of the use of railway infrastructure and safety certification, approved with amendments and additions by Law no. 8/2004 , the main activity of which consists in carrying out freight and/or passenger transport benefits, the traction being compulsorily ensured by this economic agent. This period shall also include economic agents which ensure only traction; d) technical specification for interoperability, hereinafter referred to as S.T.I. -the specification referring to a subsystem or part of a subsystem, in order to meet the essential requirements and to ensure interoperability at the level of high-speed and conventional trans-European rail transport systems, in Government Decision no. 850/2003 and in Government Decision no. 1.533/2003 * *); e) common safety objectives, hereinafter referred to as O.S.C. -safety levels which must at least be achieved by different parts of the rail system, such as the conventional rail system, high-speed rail system, long rail tunnels or lines used exclusively for the transport of goods, as well as the system as a whole, expressed as risk acceptance criteria; f) common safety methods, hereinafter referred to as M.S.C. -the methods to be developed for describing how to assess safety levels, achieving safety objectives and compliance with other safety requirements; g) safety authority-the national body responsible for the tasks related to railway safety in accordance with this law or any binational body to which Romania and a Member State of the European Union have entrusted these tasks to ensure a unified safety regime for cross-border specialised infrastructures; h) national safety rules-all rules including railway safety requirements imposed at national level in Romania and applicable to more than one railway operator, regardless of the issuing body; i) safety management system-the organisation and arrangements established by an infrastructure manager or a railway operator to ensure the safe management of its operations; j) principal investigator-a person responsible for organizing, directing and controlling the conduct of an investigation; k) investigator-the person carrying out the investigation; l) accident-an unforeseen, unwanted or unintentional event or a specific chain of such events, which has harmful consequences. Accidents are divided into the following distinct categories: collisions, derailments, accidents at level crossings, injuries of people produced by rolling stock, fires and others; m) serious accident-any collision or derailment of trains, resulting in the death of at least one person or serious injury to 5 or more persons or causing significant damage to the rolling stock, infrastructure or environment and any other accident similar to an obvious impact on the regulation of railway safety or safety management; n) significant damage-the damage that can be immediately assessed by the investigating body to a total of at least 2 million euros; o) incident-any event, other than an accident or serious accident, associated with the operation of trains and affecting operational safety; p) investigation-a process carried out for the purpose of preventing accidents and incidents, which includes gathering and analysing information, establishing conditions, including determining the causes and, where appropriate, issuing recommendations safety; q) causes-actions, omissions, events or conditions or a combination thereof, which led to the accident or incident; r) European Railway Agency-European Union Agency for Rail Safety and Interoperability; s) notified bodies-bodies responsible for the assessment of conformity or the ability to use interoperability constituents or with the assessment of the European Commission procedure for the verification of subsystems, provided for in Government Decision no. 850/2003 and in Government Decision no. 1.533/2003 * *); t) interoperability constituents-any elementary component, group of components, subassembly or complete assembly of embedded equipment or intended to be incorporated into a subsystem on which interoperability is directly or indirectly dependent high-speed rail system or conventional, provided in Government Decision no. 850/2003 and in Government Decision no. 1.533/2003 * *). The concept of constituent covers both body and embed objects, such as computer programs. u) urban rail system-any transport system per se, other than metro and tram, intended for local public transport, exclusively in the perimeter of a locality. v) holder-person or entity which, being the owner of a vehicle or having the right to use it, exploits this vehicle as a means of transport and which is registered as such in the National Vehicle Register, hereinafter referred to as R.N.V., provided in art. 33 33 of Directive 2008 /57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system in the Community (recast), hereinafter referred to as the Railway Interoperability Directive; ----------- Lit. v) of art. 3 3 was introduced by section 4.2. 3 3 of art. I of LAW no. 65 65 of 10 May 2011 , published in MONITORUL OFFICIAL no. 335 335 of 16 May 2011. w) entity in charge of maintenance-an entity that is responsible for the maintenance of a vehicle and is registered as such in the R.N.V. ----------- Lit. w) of art. 3 3 was introduced by section 4.2. 3 3 of art. I of LAW no. 65 65 of 10 May 2011 , published in MONITORUL OFFICIAL no. 335 335 of 16 May 2011. x) vehicle-a railway vehicle running on its own wheels on railway lines, with or without traction; a vehicle shall consist of one or more structural and functional subsystems or one or more parts of these subsystems. ----------- Lit. x) of art. 3 3 was introduced by section 4.2. 3 3 of art. I of LAW no. 65 65 of 10 May 2011 , published in MONITORUL OFFICIAL no. 335 335 of 16 May 2011. + Chapter II Development and safety management + Article 4 Development and improvement of rail safety (1) Rail safety is generally maintained and, where possible from a practical point of view, continuously improved, taking into account the development of Community legislation and technical and scientific progress and giving priority to prevention. serious accidents. Safety rules are established, applied and respected in an open and non-discriminatory manner, supporting the development of a single European rail transport system. ((2) Measures to develop and improve railway safety take into account the need for a systemic approach. ((3) The responsibility for the safe operation of the rail system and the control of the risks associated with it belongs to the infrastructure managers and rail operators, who are required to implement the necessary measures of risk control, where appropriate in cooperation, to apply national safety rules and standards, as well as to establish safety management systems, in accordance with this Law. Without prejudice to civil liability, in accordance with the legal requirements in force, each infrastructure manager and every railway operator are responsible for their part of the system and the safe operation of the it, including the supply of materials and the contracting of services, to users, customers, employees involved and third parties. (4) The provisions of par. ((3) shall be without prejudice to the liability of each producer, maintenance provider, keeper, service provider and each acquiring entity, relating to the provision of the rolling stock, installations, accessories, equipment and services provided by them comply with the specified requirements and conditions of use, so that they can be safely put into operation by the rail operator and/or the infrastructure manager. ----------- Alin. ((4) of art. 4 4 has been amended by section 4 4 of art. I of LAW no. 65 65 of 10 May 2011 , published in MONITORUL OFFICIAL no. 335 335 of 16 May 2011. + Article 5 Common safety indicators (1) By the annual report of the safety authority referred to in art. 18 information on common safety indicators is collected, hereinafter referred to as the I.S.C., in order to facilitate the assessment of the achievement of the O.S.C. and to allow the monitoring of the general evolution of railway safety. The first reference year for I.S.C. is 2006, which will be included in the annual report for the following year. I.S.C. are established in accordance with Annex no. 1. ((. Before 30 April 2009, Annex no. 1 will be revised in accordance with the procedure provided for in art. 27 27 para. ((2), in particular to include common definitions of the I.S.C. and common methods for calculating the cost of accidents. + Article 6 Common safety methods (1) A first set of M.S.C., covering at least the methods described in par. ((3) lit. a), will be adopted by the European Commission before 30 April 2008, in accordance with the procedure laid down in art. 27 27 para. ((2), and shall be published in the Official Journal of the European Union. A second set of M.S.C. covering the remaining methods described in par. ((3) will be adopted by the European Commission before 30 April 2010, in accordance with the procedure laid down in art. 27 27 para. ((2), and shall be published in the Official Journal of the European Union. (2) The projects of M.S.C. and the revised M.S.C. projects are developed by the European Railway Agency, pursuant to the mandates that are adopted in accordance with the procedure provided for in art. 27 27 para. ((2). The projects of M.S.C. are based on an examination of the methods existing in the Member States of the European Union. ((3) M.S.C. describes how the level of safety and attainment of safety objectives, as well as compliance with other safety requirements, are assessed by developing and defining the following elements: a) risk assessment methods; b) methods of conformity assessment with the requirements of safety certificates and safety authorisations issued in accordance with art. 10 10 and 11; c) methods to verify that the structural subsystems of the railway systems are operated and maintained in accordance with the relevant essential requirements, in so far as they are not yet covered by the S.T.I. ----------- Lit. c) a par. ((3) of art. 6 6 has been amended by section 4.2 5 5 of art. I of LAW no. 65 65 of 10 May 2011 , published in MONITORUL OFFICIAL no. 335 335 of 16 May 2011. ((4) M.S.C. shall be reviewed at regular intervals, in accordance with the procedure referred to in art. 27 27 para. (2), taking into account the experience gained from their application and the overall development of railway security and the obligations of the Member States. (5) The Ministry of Transport, Construction and Tourism approves or proposes for approval, as the case may be, any necessary amendments to the national safety rules, taking into account the adoption and revision of the M.S.C. (6) M.S.C. provided in par. (1) shall be transposed into national law, shall be approved by order of the Minister of Transport, Construction and Tourism and shall be published in the Official Gazette of Romania, Part I. + Article 7 Common safety objectives ((1) O.S.C. shall be drawn up, adopted and revised in accordance with the procedures laid down in this Article. (2) The draft O.S.C. and the revised O.S.C. projects shall be developed by the European Railway Agency, pursuant to the mandates that are adopted in accordance with the procedure provided for in art. 27 27 para. ((2). (3) The first set of O.S.C. projects is based on an examination of existing objectives and safety performance in the Member States and ensures that the current safety performance of the rail system is not reduced in any state Member of the European Union They will be adopted by the European Commission before 30 April 2009, in accordance with the procedure laid down in art. 27 27 para. (2), and shall be published in the Official Journal of the European Union. The second set of O.S.C. projects is based on the experience gained with the first set of O.S.C. and its implementation. They reflect the priority areas in which safety conditions need to be improved and will be adopted by the European Commission before 30 April 2011, in accordance with the procedure laid down in art. 27 27 para. (2), and shall be published in the Official Journal of the European Union. All draft proposals of O.S.C. and the revised O.S.C. reflect the obligations of the Member States. These proposals are accompanied by an assessment of the estimated costs and benefits, indicating their likely impact for all operators and economic operators involved, as well as their impact in terms of accepting risk in society. The proposals shall contain a gradual implementation timetable, where appropriate, in particular to take account of the nature and extent of the investment required for their application. They shall analyse the possible impact on the S.T.I. for subsystems and shall include, where appropriate, proposals to amend the S.T.I. ((4) The O.S.C. shall define the safety levels which must at least be achieved by different parts of the rail system and system as a whole in each Member State of the European Union, expressed in the criteria of acceptance of the risk of: a) individual passenger risks, personnel, including staff of contractors, users of level crossings and others and, without prejudice to existing national and international liability rules, risks individual persons who are unauthorised on the premises of railway installations; b) social risks. ((5) O.S.C. shall be reviewed at regular intervals, in accordance with the procedure referred to in art. 27 27 para. (2), taking into account the general evolution of railway safety. (6) The Ministry of Transport, Construction and Tourism approves by order of the Minister of Transport, Construction and Tourism or proposes for approval, as the case may be, the necessary amendments to the national safety rules, in order to achieve the a little O.S.C. and any revised O.S.C., in accordance with the schedule of implementation attached to them. The Ministry of Transport, Construction and Tourism notifies these rules to the European Commission, in accordance with art. 8 8 para. ((3) and (4). (7) O.S.C. provided in par. (3) and (5) shall be transposed into national law, being approved by order of the Minister of Transport, Construction and Tourism, and shall be published in the Official Gazette of Romania, Part I. + Article 8 National safety rules (1) In the application of this law, national mandatory safety rules will be established, which will be published and made available to all infrastructure managers, railway operators, certificate applicants the safety and applicants of a safety authorisation, in a clear language which may be accessible to the parties concerned. (2) Before accession to the European Union, Romania shall notify the European Commission of all national safety rules in force as set out in Annex no. 2, and indicate their scope and information on the main content of the rules, with reference to the legal texts, the form of the legislation and to the body or organisation responsible for its publication. ((. At the latest by 30 April 2008, the European Railway Agency shall assess the manner in which national safety rules are published and made aware, in accordance with the provisions of paragraph 1. (1), and make the appropriate recommendations to the European Commission for their publication, in order to make the relevant information more easily accessible. ((4) Romania shall immediately notify the European Commission of any amendment to the national safety rules and of any such new rule as may be adopted, unless the rule relates entirely to the implementation of the Application of S.T.I. (5) In order to minimise the introduction of new specific national rules and so as to prevent the creation of other barriers, as well as for the gradual harmonisation of safety rules, the European Commission shall monitor the introduction by Member States of new national rules. (6) If, after the adoption of S.T.I., Romania intends to introduce a new national safety norm, which requires a higher level of safety than S.T.I., or if it intends to introduce a new national safety norm, which may affect the operations of railway operators in other Member States of the European Union on the territory of Romania, Romania shall consult all interested parties in due time and the procedure referred to in paragraph 1 shall apply. ((7). (7) In the case of introduction for the examination of a draft national safety norm, the Ministry of Transport, Construction and Tourism, at the proposal of the Romanian Railway Safety Authority, presents it to the European Commission, explaining the reasons for its introduction, as follows: a) if the European Commission finds that the draft national safety rule is incompatible with the M.S.C. or with attaining at least the O.S.C. or that it represents a means of arbitrary discrimination or a restriction disguised on the operations of rail transport between the Member States of the European Union, a decision is adopted, addressed to Romania, in accordance with the procedure laid down in Article 27 27 para. ((2); b) if the European Commission has serious doubts as to the compatibility of the draft national safety rule with the M.S.C. or with the attainment of at least the O.S.C. or considers that it represents a means of arbitrary discrimination or a disguised restriction on rail transport operations between Member States, the European Commission shall immediately notify Romania, which suspends the adoption, entry into force or the implementation of the rule until a decision is taken, in a the period of 6 months, in accordance with the procedure laid down in Article 27 27 para. ((2). + Article 9 Safety management systems (1) Infrastructure managers and rail operators establish their own safety management systems to ensure that the rail system can achieve at least O.S.C., that it is in compliance with national rules. mandatory safety provided for in art. 8 8 and in Annex no. 2, as well as with the safety requirements described in S.T.I. and that the relevant parts of M.S.C. are applied (. The safety management system shall meet the requirements and shall contain the elements set out in Annex no. 3, adapted to the character, extent and other characteristics of the activity carried out. It shall ensure the control of all risks associated with the work of the infrastructure manager or rail operator, including the provision of maintenance, material and the use of contractors. Without prejudice to existing national and international liability rules, the safety management system shall also take into account, where appropriate and within the reasonable limit, the risks arising from the activities of other parties. (3) The safety management system of any infrastructure manager shall take into account the effects of the operations of the various rail operators on the network and shall include provisions allowing all transport operators rail to operate in accordance with the S.T.I., with the national safety rules and under the conditions laid down by their safety certificate. It is also designed to coordinate the infrastructure manager's emergency procedures with all rail operators operating on its infrastructure. ((. All infrastructure managers and railway operators shall submit annually to the safety authority, before 30 June, a report on the previous calendar year. The safety report shall contain: a) information on how the safety objectives of the infrastructure manager or the rail operator and the results of the safety plan are achieved; b) elaboration of national safety indicators and of the I.S.C. referred to in Annex no. 1, in so far as it is relevant to the reporting organisation; c) the results of internal safety audits; d) observations on the inadequacies and failures of operation of railway operations and infrastructure management, which may be of interest to the safety authority. + Chapter III Certification and Safety Authorisation + Article 10 Safety certificates (1) In order to be granted access to railway infrastructure, a railway operator must hold a safety certificate. The safety certificate can cover the entire railway network in Romania or only a determined part of it. The purpose of the safety certificate is to prove that the railway operator has established its safety management system and can meet the requirements set out in the S.T.I., in other relevant Community legislation and in the rules national security in order to control the risks and to provide safe network transport services. ----------- Alin. ((1) of art. 10 10 has been amended by section 6 6 of art. I of LAW no. 65 65 of 10 May 2011 , published in MONITORUL OFFICIAL no. 335 335 of 16 May 2011. (. The safety certificate shall include: a) a certification confirming the acceptance of the safety management system of the railway operator, provided in art. 9 9 and in Annex no. 3 3; b) a certification confirming the acceptance of the provisions adopted by the rail operator to meet the specific requirements necessary for the safe provision of its services on the appropriate network. These requirements may relate to the application of the S.T.I. and the national safety rules, including the rules for the operation of the network, the acceptance of personnel certificates and the authorization for the entry into service of vehicles used by the rail operator. The certification shall be based on the documentation submitted by the railway operator set out in Annex no. 4. ----------- Lit. b) of par. ((2) of art. 10 10 has been amended by section 4.2 7 7 of art. I of LAW no. 65 65 of 10 May 2011 , published in MONITORUL OFFICIAL no. 335 335 of 16 May 2011. (3) The Romanian Railway Safety Authority shall grant the certification in accordance with par. (2) for railway operators who first establish their activities on the territory of Romania. Certification granted in accordance with par. (2) must specify the type and extent of the railway operations covered. Certification granted in accordance with par. ((2) lit. a) is valid throughout the European Community, for equivalent railway transport operations. (4) The Romanian Railway Safety Authority additionally grants a certification in accordance with par. ((2) lit. b) where a railway operator intends to provide another railway service. (. The safety certificate shall be renewed, at the request of the railway operator, at intervals not exceeding 5 years and shall be updated in full or in part with each substantial modification of the type or extension of the operation. The holder of the safety certificate shall inform the Romanian Railway Safety Authority without delay of all major changes to the conditions of the relevant part of the safety certificate and shall notify the Safety Authority Romanian rail to any introduction of new categories of personnel or new types of rolling stock. The Romanian Railway Safety Authority may require that the relevant part of the safety certificate be reviewed following substantial changes to the safety regulatory framework. If the Romanian Railway Safety Authority finds that the holder of the safety certificate no longer meets the conditions for a certification issued, revoke part a) and/or b) of the safety certificate, motivating its decision. If the Romanian Railway Safety Authority has revoked an additional national certification, granted in accordance with par. ((4), promptly inform the safety authority that granted the certification in accordance with paragraph 1. ((2) lit. a) of his decision. The Romanian Railway Safety Authority must revoke a safety certificate if it is obvious that the holder of the safety certificate did not use it as intended in the year following its issuance. (6) The Romanian Railway Safety Authority informs the European Railway Agency within one month of the safety certificates provided in par. ((2) lit. a), which have been issued, renewed, amended or revoked, mentioning the name and address of the railway operator, the date of issue, the scope and validity of the safety certificate and, in the event of revocation, the reasons for its decision. (7) Before 30 April 2009 the European Railway Agency shall assess the safety certification and submit to the European Commission a report with recommendations on the strategy for the transition to a single Community safety certificate. The European Commission takes appropriate action on the basis of the recommendation + Article 11 Safety authorisation of infrastructure managers (1) Infrastructure managers in Romania must obtain a safety authorization issued by the Romanian Railway Safety Authority, which allows them to manage and exploit a railway infrastructure. (. The safety authorisation shall include: a) acceptance of the safety management system of the infrastructure manager, provided in art. 9 9 and in Annex no. 3 3; b) acceptance of the provisions adopted by the infrastructure manager to meet the specific requirements necessary to ensure the safety of railway infrastructure at the level of design, maintenance and operation, including, if the case, maintenance and operation of the traffic control and signalling system. (. The safety authorisation shall be renewed, at the request of the infrastructure manager, at intervals not exceeding 5 years and shall be updated, in whole or in part, whenever substantial modifications of the infrastructure take place, signalling, energy supply or the principles of its operation or maintenance. The holder of the safety authorization shall inform the Romanian Railway Safety Authority without delay of all these changes. The Romanian Railway Safety Authority may require that the safety authorisation be revised following substantial changes to the safety regulatory framework. If the Romanian Railway Safety Authority finds that an authorized infrastructure manager no longer meets the conditions for a safety authorization, revoke the authorization, motivating its decision. (4) The Romanian Railway Safety Authority shall notify the European Railway Agency within one month of issuing, renewing, amending or revoking the safety authorisations, mentioning the name and address of the infrastructure manager, the issue, scope, validity of the safety authorisation and, in the event of revocation, the reasons for its decision. + Article 12 Requirements for the application for safety certification and safety clearance (1) The Romanian Railway Safety Authority shall take a decision on the application for certification or safety authorisation without delay and, in any event, no later than 4 months after the submission of all the necessary information and any additional information that it has requested. If the applicant is required to submit further information, this information shall be submitted at the time required. (2) In order to facilitate the establishment of new rail transport operators and the presentation of certification requests by rail operators from other Member States of the European Union, the Romanian Railway Safety Authority offers detailed information on how to obtain a safety certificate and draw up a list of all the requirements laid down in art. 10 10 para. (2), providing the applicant with all relevant documents. The Romanian Railway Safety Authority offers special guidance to rail transport operators who request a safety certificate for services on a limited determined part of the infrastructure, specifically identifying the rules that are valid for the party concerned. ---------- Alin. ((2) of art. 12 12 has been amended by section 1 1 of art. II of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015. (3) The Romanian Railway Safety Authority shall make available to applicants free of charge a guidance document, in which the requirements for safety certificates are described and explained and the documents to be submitted are listed. All requests for safety certificates are presented in Romanian. + Article 13 Access to training services (1) Rail operators applying for a safety certificate shall enjoy fair and non-discriminatory access to training services for train drivers and staff accompanying trains when such training is completed. necessary to meet the requirements for obtaining the safety certificate. The services offered must include training on the necessary knowledge of routes, operating rules and procedures, the signalling, control and command system, as well as the emergency procedures applied on the exploited routes. Infrastructure managers and their staff performing functions with responsibilities in rail safety shall enjoy fair and non-discriminatory access to training services. If training services do not include examinations and the granting of certificates, rail operators shall have access to certification if this is a requirement of the safety certificate. The Romanian Railway Safety Authority shall ensure that the provision of training services or, where appropriate, the granting of certificates meets the safety requirements set out in the S.T.I. or the national safety rules provided for in Article 2. 8 8 and in Annex no. 2. (. Where training services are available only through a single railway operator or through the infrastructure manager, they shall be made available to other rail operators at a reasonable price; and non-discriminatory, which is reported at cost and which may include a profit margin. (3) In the recruitment of new train drivers, staff accompanying trains and staff performing functions with responsibilities in railway safety, rail operators shall take into account any type of training, qualifications and experience previously gained with other rail operators. In this situation, the persons involved are entitled to have access, to obtain children and to communicate all the documents certifying their training, qualifications and experience. (4) In any situation each railway operator and each infrastructure manager shall be responsible for the level of training and the qualifications of their staff performing functions with responsibilities in railway safety, meaning art. 9 9 and Annex no. 3. + Article 14 Vehicle maintenance (1) Each vehicle, prior to its introduction into circulation or its use on the network, shall be assigned an entity responsible for maintenance, registered in R.N.V. in accordance with the provisions of art. 33 33 of the Rail Interoperability Directive. (. The entity responsible for maintenance may be a railway operator, an infrastructure manager or any other holder. ((3) Without prejudice to the liability of railway operators and infrastructure managers as regards the safe operation of a train, as provided for in art. 4 4, the entity shall ensure, by means of a maintenance system, that the vehicles whose maintenance is responsible are in a state of operation and that they are safe. For this purpose, the entity responsible for maintenance shall ensure that the vehicles are maintained in accordance with: a) the maintenance manual of each vehicle; b) the requirements in force, including the rules on maintenance and provisions of S.T.I. (. The entity responsible for maintenance may carry out maintenance itself or may contract maintenance workshops as appropriate. (5) In the case of freight wagons, each entity responsible for maintenance shall be certified by an accredited or recognized body in accordance with the provisions of par. ((7) or by the national safety authority. The accreditation process is based on criteria of independence, competence and impartiality, such as the relevant European standards on the EN 45000 series. The recognition process is also based on the criteria of independence, competence and impartiality. (6) If the entity in charge of maintenance is a railway operator or an infrastructure manager, compliance with the provisions adopted in accordance with the provisions of par. ((7) shall be verified by the national competent safety authority, in accordance with the procedures laid down in art. 10 10 or 11, and shall be confirmed by certificates specified in those procedures. ((7) Certificates issued in accordance with the system of certification of the entity responsible for maintenance for freight wagons, established on the basis of the provisions adopted by the European Commission, confirm compliance with both the requirements laid down in para. ((3) and (4) and the following requirements concerning: a) the maintenance system established by the entity; b) the format and validity of the certificate issued to the c) the criteria for accreditation or recognition of the body or bodies responsible for issuing certificates and providing the necessary controls for the operation of the certification system; d) the date of application of the certification scheme, including a one-year transitional period for existing maintenance entities. (8) Certificates issued in accordance with the provisions of par. ((7) are valid throughout the European Community. (9) By order of the Minister of Transport and Infrastructure, alternative measures may be established to fulfil obligations to identify entities responsible for maintenance and to certify them, in the following cases: a) vehicles registered in a third country and maintained in accordance with the legislation of that country; b) vehicles which are used in networks or on lines which are different from that of the main rail network within the European Community and for which the requirements laid down in paragraph 1 are met. (3) is ensured by international agreements with third countries; c) vehicles referred to in art. 2 2 para. ((2) and special military and transport equipment requiring an ad hoc permit from the national safety authority to be issued before use. In this case, derogations shall be granted for periods not exceeding 5 years. (10) The alternative measures provided for in par. ((9) shall be implemented by derogations granted by the Romanian Railway Safety Authority: a) when registering vehicles, according to art. 33 33 of the Directive on the interoperability of the rail system, as regards the identification of the entity responsible for maintenance; b) to the issuance of certificates and safety authorisations to railway operators and infrastructure managers, in accordance with the provisions of art. 10 10 and 11, with regard to the identification or certification of the entity responsible for maintenance. ((11) Derogations granted in accordance with the provisions of par. ((10) shall be identified and shall be reasoned in the annual report referred to in art. 18. ----------- Article 14 has been amended by section 4.2. 8 8 of art. I of LAW no. 65 65 of 10 May 2011 , published in MONITORUL OFFICIAL no. 335 335 of 16 May 2011. + Article 15 Harmonisation of safety certificates ((. Decisions on common harmonized requirements, within the meaning of Article 2 10 10 para. ((2) lit. b) and Annex no. 4, as well as a common format for the documents for the guidance of applicants, shall be adopted before 30 April 2009, in accordance with the procedure laid down in art. 27 27 para. ((2). (2) The European Railway Agency recommends common harmonised requirements and a common format for applicants ' guidance documents, pursuant to a mandate which is adopted in accordance with the procedure laid down in art. 27 27 para. ((2). + Chapter IV Romanian Railway Safety Authority + Article 16 Establishment and tasks (1) The Romanian Railway Safety Authority, independent body within the Romanian Railway Authority-AFER, established according to Government Ordinance no. 95/1998 , approved with amendments and additions by Law no. 3/2002 , with subsequent amendments and completions. The Romanian Railway Safety Authority is independent, in terms of organization, legal structure and decision-making process, of any railway operator, railway infrastructure manager, applicant and entity Acquiring. (2) The Romanian Railway Safety Authority mainly performs the following tasks: a) authorizing the introduction into circulation of the structural subsystems of the railway system, in accordance with the provisions of 15 of the Rail Interoperability Directive, and verification of compliance with the relevant essential requirements for their operation and maintenance; ----------- Lit. a) a par. ((2) of art. 16 16 has been amended by section 4.2 9 9 of art. I of LAW no. 65 65 of 10 May 2011 , published in MONITORUL OFFICIAL no. 335 335 of 16 May 2011. b) repealed; ---------- Lit. b) a par. ((2) of art. 16 16 ex-repealed by point 10 10 of art. I of LAW no. 65 65 of 10 May 2011 , published in MONITORUL OFFICIAL no. 335 335 of 16 May 2011. c) the supervision of the conformity of interoperability constituents with the essential requirements art. 12 of Government Decision no. 850/2003 and Government Decision no. 1.533/2003 * *); d) authorization of the commissioning and introduction into circulation of a new or substantially modified rolling stock, which is not yet covered by a S.T.I.; e) the issuance, renewal, modification and revocation of the relevant parts of safety certificates and safety authorisations, granted in accordance with art. 10 10 and 11, and verification of the fulfilment of the conditions and requirements laid down therein and the fact that the infrastructure managers and railway operators operate in accordance with the requirements of Community or national law; f) monitoring, promoting and, where appropriate, the application and development of the safety regulatory framework, including the national safety rules system; g) the supervision of the proper registration of vehicles in the R.N.V. and the information contained therein on safety are accurate and up to date. ----------- Lit. g) a par. ((2) of art. 16 16 as amended by section 11 11 of art. I of LAW no. 65 65 of 10 May 2011 , published in MONITORUL OFFICIAL no. 335 335 of 16 May 2011. (3) The attributions provided in par. ((2) may not be transferred or subcontracted to infrastructure managers, rail operators or procuring entities. (4) The management of the Romanian Railway Safety Authority is exercised by a director for a period of 4 years. The Director's mandate may be extended only once. ---------- Alin. ((4) of art. 16 16 has been amended by section 2 2 of art. II of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015. ((5) Abrogat. ---------- Alin. ((5) of art. 16 16 has been repealed by section 6.6. 3 3 of art. II of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015. (5 ^ 1) The executive management of the Romanian Railway Safety Authority is exercised by a director, with experience in the railway field, appointed by order of the Minister of Transport, under the law. The selection and appointment criteria of the Director of the Romanian Railway Safety Authority are as follows: a) graduated from long-term studies in the field of transport, graduated with a bachelor's degree; b) has professional and driving experience of at least 5 years in the railway system; c) is not in a situation of incompatibility and/or conflict of interest, according to the law. ---------- Alin. (5 ^ 1) of art. 16 16 has been amended by section 4 4 of art. I of LAW no. 42 42 of 22 March 2016 published in MONITORUL OFFICIAL no. 230 230 of 29 March 2016, amending section 4 4 of art. II of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015. (5 ^ 2) The mandate of director of the Romanian Railway Safety Authority ceases under the conditions provided by law. ---------- Alin. (5 ^ 2) of art. 16 16 has been amended by section 4 4 of art. I of LAW no. 42 42 of 22 March 2016 published in MONITORUL OFFICIAL no. 230 230 of 29 March 2016, amending section 4 4 of art. II of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015. (6) The Romanian Railway Notified Body, independent body within the Romanian Railway Authority-AFER, established according to Government Ordinance no. 95/1998 , approved with amendments and additions by Law no. 3/2002 , with subsequent amendments and completions. The notified body shall carry out the notified body's tasks provided for in Government Decision no. 850/2003 and Government Decision no. 1.533/2003 * *). The Romanian Railway Notified Body is independent, in terms of organization, legal structure and decision-making process, of any railway operator, railway infrastructure manager, certification applicant and entity Acquiring. (7) The management of the Romanian Railway Notified Body is exercised by a director for a period of 4 years. The Director's mandate may be extended only once. ---------- Alin. ((7) of art. 16 16 has been amended by section 5 5 of art. II of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015. ((8) Abrogat. ---------- Alin. ((8) of art. 16 16 has been repealed by section 6.6. 3 3 of art. II of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015. (9) The executive management of the Romanian Railway Notified Body is exercised by a director, with experience in the railway field, appointed by order of the Minister of Transport, under the law. The selection and appointment criteria of the Director of the Romanian Railway Notified Body are as follows: a) graduated from long-term studies in the field of transport, graduated with a bachelor's degree; b) has professional and driving experience of at least 5 years in the railway system; c) is not in a situation of incompatibility and/or conflict of interest, according to the law. ---------- Alin. ((9) of art. 16 16 has been amended by section 4.2. 5 5 of art. I of LAW no. 42 42 of 22 March 2016 published in MONITORUL OFFICIAL no. 230 230 of 29 March 2016, amending section 6 6 of art. II of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015. (10) The mandate of director of the Romanian Railway Notified Body ceases under the conditions provided by law. ---------- Alin. ((10) of art. 16 16 has been amended by section 4.2. 5 5 of art. I of LAW no. 42 42 of 22 March 2016 published in MONITORUL OFFICIAL no. 230 230 of 29 March 2016, amending section 6 6 of art. II of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015. + Article 17 Principles of decision-making (1) The Romanian Railway Safety Authority performs its duties openly, non-discriminatory and transparent, ensuring the obedience of all parties and the motivation of decisions. Respond promptly to requests and requests, communicate its requests for information without delay and adopt all decisions within 4 months from the provision of all requested information. It may at any time require the technical assistance of infrastructure managers and railway operators or other qualified bodies, in the course of carrying out the tasks provided for in art. 16. In the process of developing the national regulatory framework, the Romanian Railway Safety Authority consults all involved persons and stakeholders, including infrastructure managers, railway operators, manufacturers and maintenance providers, users and staff representatives. (2) The Romanian Railway Safety Authority is free to carry out all the necessary inspections and investigations for the performance of its tasks and is granted access to all relevant documents and premises, to installations and equipment infrastructure managers and rail operators. (3) Appeals against decisions taken by the Romanian Railway Safety Authority shall be resolved according to the legal regulations in force regarding the administrative litigation. (4) The Romanian Railway Safety Authority shall conduct an active exchange of views and experience with the safety authorities of the Member States of the European Union for the purpose of harmonising the decision-making criteria throughout the Community. Their cooperation shall in particular seek to facilitate and coordinate the safety certification of railway operators who have been awarded international drawn up in accordance with the procedure laid down in art. 15 of Government Ordinance no. 89/2003 , approved with amendments and additions by Law no. 8/2004 . The European Railway Agency supports safety authorities in carrying out these tasks. + Article 18 Annual report Every year the Romanian Railway Safety Authority publishes in the AFER Bulletin and on its website within the Romanian Railway Authority-AFER an annual report on its activities in the previous year and sends it to the European Railway Agency. later than September 30. The report includes information on: a) the development of railway safety, including an inventory at the level of Romania of the I.S.C. provided in Annex no. 1 1; b) important changes to railway safety legislation and regulations; c) the development of safety certification and safety clearance; d) results and experience regarding the control of infrastructure managers and rail transport operators. e) the derogations that were granted in accordance with the provisions of art. 14. ----------- Lit. e) of art. 18 18 was introduced by section 12 12 of art. I of LAW no. 65 65 of 10 May 2011 , published in MONITORUL OFFICIAL no. 335 335 of 16 May 2011. + Chapter V Investigation of accidents and incidents + Article 19 Romanian Railway Investigation Agency and the obligation to investigate ---------- Title art. 19 19 has been amended by section 7 7 of art. II of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015. (1) The Romanian Railway Investigation Agency mainly carries out the investigation of serious accidents in the railway system, its objective being to improve railway safety and prevent accidents. ---------- Alin. ((1) of art. 19 19 has been amended by section 8 8 of art. II of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015. (2) The Romanian Railway Investigation Agency can investigate, in addition to serious accidents, those accidents and incidents that under slightly different conditions could have led to serious accidents, including technical failures of structural subsystems or of the interoperability constituents of European high-speed rail systems. The Romanian Railway Investigation Agency shall decide, as it considers appropriate, whether an investigation of such an accident or incident is undertaken, taking into account in its decision the following: ---------- The introductory part of para. ((2) of art. 19 19 has been amended by art. IV of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 of 30 June 2015, by replacing a phrase. a) gravity of the accident or incident b) if it is part of a series of accidents or incidents relevant to the whole system; c) its impact on rail safety at Community level; d) requests of infrastructure managers, railway operators, the Romanian Railway Safety Authority or the Member States of the European Union. (3) The extent of the investigations and the procedure to be followed in the conduct of these investigations are determined by the Romanian Railway Investigation Agency, taking into account the principles and objectives provided in art. 20 and 22 and depending on the learnings they expect to draw from the crash or incident to improve safety. ---------- Alin. ((3) of art. 19 19 has been amended by art. IV of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 of 30 June 2015, by replacing a phrase. (4) The investigation does not in any case deal with the determination of guilt or liability. + Article 20 Investigation status (1) The investigation has the legal status of an administrative act, allowing the principal investigators to perform their tasks in the most efficient manner and in the shortest possible time. (. In accordance with the legislation in force and, where appropriate, in cooperation with the authorities responsible for the judicial investigation, the investigators shall be granted as soon as possible: a) access to the scene of the accident or incident, as well as to the rolling stock involved, the related infrastructure and traffic control and signalling installations; b) the right to immediately draw up a list of the samples and the controlled removal of the vehicles, facilities or components of the infrastructure for examination or analysis; c) access to/and use of the contents of the on-board recording equipment and of the recording equipment of the minutes and of recording the operation of the traffic signalling and control system; d) access to the results of the victims ' bodies; e) access to the results of the examination of train personnel and other railway personnel involved in the accident or incident f) the possibility of questioning the involved railway personnel and other witnesses; g) access to any relevant information or records held by the infrastructure manager, railway operators and the Romanian Railway Safety Authority. (3) The investigation is carried out independently of any judicial investigation. (4) In carrying out the investigation, the Romanian Railway Investigation Agency may, in case of need, appeal to specialists in related fields. ---------- Alin. ((4) of art. 20 20 has been amended by art. IV of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 of 30 June 2015, by replacing a phrase. + Article 21 Tasks of the Romanian Railway Investigation Agency ---------- Title art. 21 21 has been amended by art. IV of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 of 30 June 2015, by replacing a phrase. (1) The Romanian Railway Investigation Agency is responsible for the investigation of accidents and incidents provided in art. 19 19 and includes at least one investigator capable of serving as principal investigator in the event of an accident or incident. The Romanian Railway Investigation Agency is independent, in the organization, legal structure and decision-making, of any infrastructure manager, rail transport operator, charging body, apportionment body and body notified, as well as any part whose interests could conflict with the tasks entrusted to the Romanian Railway Investigation Agency. The Romanian Railway Investigation Agency is functionally independent from the Romanian Railway Safety Authority and any regulatory authority of the railway system. ---------- Alin. ((1) of art. 21 21 has been amended by art. IV of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 of 30 June 2015, by replacing a phrase. (2) The Romanian Railway Investigation Agency performs its tasks independently of the legal entities provided in par. (1) and shall have the resources necessary for it. Its investigators enjoy total independence in carrying out their investigative tasks. ---------- Alin. ((2) of art. 21 21 has been amended by art. IV of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 of 30 June 2015, by replacing a phrase. (3) Rail transport operators, infrastructure managers and, if applicable, the Romanian Railway Safety Authority are obliged to report immediately to the Romanian Railway Investigation Agency the accidents and incidents provided in art. 19. The Romanian Railway Investigation Agency must respond to these reports and take the necessary measures to launch the investigation at the latest one week after receiving the report on the accident or incident. ---------- Alin. ((3) of art. 21 21 has been amended by art. IV of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 of 30 June 2015, by replacing a phrase. (4) The Romanian Railway Investigation Agency may carry out other tasks established by Government decision in connection with the investigation of events other than accidents and railway incidents, in so far as these investigations do not It endangers independence. ---------- Alin. ((4) of art. 21 21 has been amended by art. IV of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 of 30 June 2015, by replacing a phrase. (5) The Romanian Railway Investigation Agency may request or provide assistance to similar investigation bodies in other Member States of the European Union or from the European Railway Agency for the provision of skills or for the deployment of technical inspections, analyses or assessments. ---------- Alin. ((5) of art. 21 21 has been amended by art. IV of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 of 30 June 2015, by replacing a phrase. (6) By decision of the Government can be entrusted to the Romanian Railway Investigation Agency the task of conducting investigations on accidents and railway incidents, other than those provided for in art. 19. ---------- Alin. ((6) of art. 21 21 has been amended by art. IV of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 of 30 June 2015, by replacing a phrase. (7) The Romanian Railway Investigation Agency carries out an active exchange of views and experience with the investigating bodies of the Member States, in order to develop common methods of investigation, to carry out common principles for tracking safety recommendations and adaptation to the evolution of technical and scientific progress. The Romanian Railway Investigation Agency can receive support from the European Railway Agency in carrying out this task. ---------- Alin. ((7) of art. 21 21 has been amended by art. IV of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 of 30 June 2015, by replacing a phrase. ((8) Abrogat. ---------- Alin. ((8) of art. 21 21 has been repealed by section 6.6. 9 9 of art. II of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015. ((9) Abrogat. ---------- Alin. ((9) of art. 21 21 has been repealed by section 6.6. 9 9 of art. II of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015. + Article 22 Investigation procedure (1) An accident or incident is investigated by the Romanian Railway Investigation Agency if it took place on the territory of Romania. If it is not possible to establish whether it took place on the territory of Romania or whether it took place at/or close to a border installation between Romania and another Member State of the European Union, the investigating bodies of the two states agree which of them will conduct the investigation or agree to conduct it in cooperation. The other body is allowed in the first case to participate in the investigation and have access to all its results. Investigating bodies from another Member State are invited to participate in an investigation at any time a railway operator established and licensed in that Member State is involved in the accident or incident. These provisions do not prevent Romania and another Member State from agreeing that the relevant investigative bodies carry out investigations in cooperation in other circumstances. (2) For each accident or incident the Romanian Railway Investigation Agency provides the resources corresponding to the investigation. The resources can be obtained from inside or outside the Romanian Railway Investigation Agency, depending on the nature of the accident or the incident to investigate. (3) The investigation shall be conducted as openly as possible so that all parties can be heard and have access to the results. The infrastructure manager and the railway operators involved, the Romanian Railway Safety Authority, the victims and their relatives, the owners of the damaged goods, the producers, the emergency services involved and the representatives staff and users are regularly informed of the investigation and its conduct, with the possibility of presenting their views and views on the investigation and having their views on the investigation and having the possibility, upon request, to comment on the information in the projects of reports. (4) The Romanian Railway Investigation Agency concludes its examinations at the scene of the accident as soon as possible, in order to allow the infrastructure manager to restore the infrastructure and to open it as soon as possible to the transport services rail. ---------- Article 22 has been amended by art. IV of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 of 30 June 2015, by replacing a phrase. + Article 23 Reports (1) An investigation of an accident or incident provided for in art. 19 is subject to reports in a form corresponding to the type and severity of the accident or incident and relevance of the investigation's findings. The reports describe the objectives of the investigations provided 19 19 para. ((1) and shall include, where appropriate, safety recommendations. (2) The Romanian Railway Investigation Agency shall publish the final report on its website, as soon as possible and no later than 12 months after the date of the event. The report follows the reporting structure set out in Annex no. 5. The report, including safety recommendations, shall be communicated to the parties provided in art. 22 22 para. ((3) and, where applicable, to the bodies and parties concerned in other Member States of the European Union. (3) The Romanian Railway Investigation Agency publishes every year on its website, at the latest by September 30, an annual report describing the investigations carried out in the previous year, the safety recommendations issued and the measures taken in compliance with previously issued recommendations. ---------- Article 23 has been amended by section 6.6. 10 10 of art. II of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015. + Article 24 Information to be sent to the European Railway Agency (1) Within one week of the decision to open an investigation, the Romanian Railway Investigation Agency shall notify the European Railway Agency thereof. The information indicates the date, time and place of the event, as well as its type and the consequences in terms of loss of life, injured persons and material damage. (2) The Romanian Railway Investigation Agency shall send to the European Railway Agency a copy of the final report provided for in art. 23 23 para. ((2) and the annual report provided for in art. 23 23 para. ((3). ---------- Article 24 has been amended by art. IV of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 of 30 June 2015, by replacing a phrase. + Article 25 Safety recommendations (1) A safety recommendation made by the Romanian Railway Investigation Agency in the report provided for in art. 23 does not in any case create a presumption of guilt or civil liability for an accident or railway incident. ((2) The recommendations are addressed to the Romanian Railway Safety Authority and, when necessary due to the nature of the recommendation, to other bodies or authorities in Romania or to other Member States of the European Union. The safety recommendations issued by the Romanian Railway Investigation Agency are taken into account and, if applicable, are followed. (3) The Romanian Railway Safety Authority and other authorities or bodies or, if applicable, other Member States of the European Union to which they have been addressed shall report at least annually to the Romanian Railway Investigation Agency the measures taken or planned to be taken as a consequence of the recommendation. ---------- Article 25 has been amended by art. IV of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 of 30 June 2015, by replacing a phrase. + Chapter VI Implementing powers + Article 26 Adaptation of Annexes All subsequent amendments to the Annexes to Directive 2004 /49/EC will be taken into Romanian legislation by Government decision. + Article 27 Application of the European Commission's rail safety committee (. The European Commission shall be assisted by the Committee set up by Article 21 21 of Directive 96 /48/EC . (. Where reference is made to this paragraph, Art. 5 5 and 7 of Decision 1999 /468/EC , having regard to the provisions of art. 8 8 of this decision. The period provided in art. 5 5 para. ((6) of Decision 1999 /468/EC is set at 3 months. (. Where reference is made to this paragraph, Art. 3 3 and 7 of Decision 1999 /468/EC , having regard to the provisions of art. 8 8 of this decision. (. The Committee shall lay down its rules of procedure. (5) Provisions of para. ((1)-(4) shall apply in Romania from the date of accession to the European Union. + Article 28 Implementing measures (1) Romania may bring to the attention of the European Commission any measures concerning the implementation of this Law. The corresponding decisions shall be adopted in accordance with the procedure laid down in 27 27 para. ((2). ((2) At the request of Romania or on its own initiative the European Commission shall examine, in a specific case, the application and compliance with the provisions on safety certification and safety authorization, and within two months of receipt of this requests shall be decided in accordance with the procedure laid down in 27 27 para. (2) if the related measure may continue to be applied. The European Commission shall communicate its decision to the European Parliament, the European Council and to the Member States + Chapter VII Final provisions + Article 29 Amendments to the railway transport licence scheme (1) The requirements relating to professional competence are met if the railway operator applying for a licence according to the law has organisational, technical and personal structures possessing the knowledge and/or experience required for the exercise of operational control and a safe and effective supervision of the type of operations specified in the licence. ((2) Within 90 days of the entry into force of this Law, Order of the Minister of Transport, Construction and Tourism No. 343/2003 on the approval of the rules for the granting of the railway transport licence and the safety certificate, in order to carry out public transport services and/or in self-interest on the railways in Romania, and for the granting of authorization and operating certificate for the maneuver of economic agents performing only railway maneuver operations, published in the Official Gazette of Romania, Part I, no. 688 of October 1, 2003, with subsequent amendments and completions, is amended accordingly to the provisions of this Law. (3) The Romanian Railway Licensing Body, an independent body within the Romanian Railway Authority-AFER, established according to Government Ordinance no. 95/1998 , approved with amendments and additions by Law no. 3/2002 , with subsequent amendments and completions. The Romanian Railway Licence Body is the authority responsible for granting rail transport licenses in Romania, designated by the Ministry of Transport, Construction and Tourism. The Romanian Railway Licence Body does not carry out rail transport services and is independent of railway operators or economic operators who carry out such services. (4) The management of the Romanian Railway Licence Body is exercised by a director for a period of 4 years. The Director's mandate may be extended only once. ---------- Alin. ((4) of art. 29 29 has been amended by section 11 11 of art. II of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015. ((5) Abrogat. ---------- Alin. ((5) of art. 29 29 has been repealed by section 6.6. 12 12 of art. II of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015. (6) The executive management of the Romanian Railway Licensing Body is exercised by a director, with experience in the railway field, appointed by order of the Minister of Transport, under the law. The selection and appointment criteria of the Director of the Romanian Railway Licences Body are as follows: a) graduated from long-term studies in the field of transport, graduated with a bachelor's degree; b) has professional and driving experience of at least 5 years in the railway system; c) is not in a situation of incompatibility and/or conflict of interest, according to the law. ---------- Alin. ((6) of art. 29 29 has been amended by section 4.2. 6 6 of art. I of LAW no. 42 42 of 22 March 2016 published in MONITORUL OFFICIAL no. 230 230 of 29 March 2016, amending section 13 13 of art. II of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015. (7) The mandate of director of the Romanian Railway Licensing Body ceases under the conditions provided by law. ---------- Alin. ((7) of art. 29 29 has been amended by section 4.2. 6 6 of art. I of LAW no. 42 42 of 22 March 2016 published in MONITORUL OFFICIAL no. 230 230 of 29 March 2016, amending section 13 13 of art. II of EMERGENCY ORDINANCE no. 33 33 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015. + Article 30 Changes in Government Ordinance no. 89/2003 As from the date of entry into force of this Law, Government Ordinance no. 89/2003 on the allocation of railway infrastructure capacities, the charging of the use of railway infrastructure and safety certification, published in the Official Gazette of Romania, Part I, no. 623 of 31 August 2003, approved with amendments and additions by Law no. 8/2004 , published in the Official Gazette of Romania, Part I, no. 178 of 2 March 2004, shall be amended as follows: 1. The title will read as follows: " ORDINANCE on the allocation of railway infrastructure capacity and the charging of rail infrastructure use ' 2. In Article 30 (3), letter f) shall read as follows: " f) access measures in accordance with Government Emergency Ordinance no. 12/1998 on the transport on the Romanian railways and the reorganization of the National Society of Romanian Railways, republished in the Official Gazette of Romania, Part I, no. 834 834 of 9 September 2004, as amended and supplemented. " 3. Article 32 shall be repealed. + Article 31 Sanctions (1) The violation of the provisions of this law attracts civil, contravention or criminal liability, as the case may be, of the guilty, under the law. (2) It constitutes contraventions and the following facts are sanctioned: a) non-compliance with 9 9 para. (4), with a fine of 5,000 lei (RON) to 20,000 lei (RON); b) non-compliance with 10 10 para. (6), with a fine of 10,000 lei (RON) to 20,000 lei (RON); c) non-compliance with 11 11 para. (3), with a fine of 10,000 lei (RON) to 20,000 lei (RON); d) non-compliance with 18, with a fine of 10,000 lei (RON) to 20,000 lei (RON); e) non-compliance with 23 23 para. (2) and (3), with a fine of 10,000 lei (RON) to 20,000 lei (RON); f) non-compliance with 24, with a fine of 10,000 lei (RON) to 20,000 lei (RON). (3) The finding of contraventions and the application of sanctions provided in par. (2) shall be made by the staff empowered by order of the Minister of Transport, Construction and Tourism. ((4) The offender may pay, on the spot or within no more than 48 hours from the date of conclusion of the minutes, or, as the case may be, from the date of its communication, half of the minimum fine provided in par. (2), the finding agent making mention of this possibility in the minutes. (5) The provisions of this Law on contraventions shall be supplemented by the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. (6) The Ministry of Transport, Construction and Tourism shall notify the European Commission of the provisions set out in this Article by the date of accession, and shall, after that date, notify without delay of any changes affecting them. + Article 32 Implementation of the (1) Within 90 days of the entry into force of this Law, Government Decision no. 626/1998 on the organization and functioning of the Romanian Railway Authority-AFER will change accordingly, including the organization and functioning regulations of the newly established bodies. (2) The Ministry of Transport, Construction and Tourism shall immediately notify the European Commission of the implementation of the normative acts, regulations and administrative provisions necessary to comply with the provisions of the Directive 2004 /49/EC on rail safety. + Article 33 Annex Annexes no. 1-5 are an integral part of this law. * This law transposes Directive 2004 /49/EC of the European Parliament and of the Council of 29 April 2004 on the safety of the Community's railways and amending Directive 95 /18/EC of the Council on the licensing of railway undertakings and of Directive 2001 /14/EC on the distribution of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive), published in the Official Journal of the European Union (OJ) No. L 164 of 30 April 2004, and the Amending to Directive 2004 /49/EC of the European Parliament and of the Council of 29 April 2004 on the safety of the Community's railways and amending Directive 95 /18/EC of the Council on the licensing of railway undertakings and of Directive 2001 /14/EC on the distribution of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive), published in the Official Journal of the European Union (OJ) No. L 220 of 21 June 2004. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
ADRIAN NASTASE
SENATE PRESIDENT
NICOLAE VACAROIU Bucharest, March 16, 2006. No. 55. + Annex 1 COMMON SAFETY INDICATORS Common safety indicators (I.S.C.) are reported annually by the Romanian Railway Safety Authority. Indicators related to the activities referred to in art. 2 2 para. ((2) lit. a) and b) must be taken into account separately if presented. If new facts or errors are discovered after the presentation of the report, the indicators for a given year are modified or corrected by the Romanian Railway Safety Authority on the first convenient occasion, but at the latest in the following annual report. The common definitions of the I.S.C. and the common methods for calculating the economic impact of accidents appear in the Appendix. 1. Indicators related to accidents 1.1. Total and relative (per-kilometre) number of serious accidents and a breakdown of these on the following types of accidents: -train collision with rail vehicle; -train collision with obstacles in the gauge of free passage; -train derailment; -accident at the level crossing, including accident at the level crossing where pedestrians are involved, and a breakdown of the five types of level crossings, as defined in section 4.2. 6.2 6.2; -injury of persons involving rolling stock, with the exception of suicides and suicide attempts; -rolling stock fires; --others. Each serious accident is reported to the type of primary accident, even if the consequences of the secondary accident are worse (e.g. a fire following a derailment). 1.2. Total and relative number (per train-kilometre) of persons seriously injured and killed by accident, divided into the following categories: --travellers (also in relation to the total number of passenger-kilometres and passenger-kilometres); -employee or contractor; -user of the level crossing; --intruder; -other persons on a platform; -other people who are not from a platform. 2. Indicators referring to dangerous goods Total and relative (per-kilometre) number of accidents involving the transport of dangerous goods by rail, divided into the following categories: -accident involving at least one railway vehicle carrying dangerous goods as defined in the Appendix; -the number of accidents of this kind in which dangerous substances are released. 3. Indicators referring to suicides Total and relative (per-kilometre) number of suicides and attempted suicides 4. Indicators referring to the precursors of accidents Total and relative (per-kilometre) number of accident precursors and a breakdown by the following types of precursors: -broken rails; -deformation and poor alignment of the rails; -signaling failures resulting in a dangerous condition of the signal; -exceeding a danger signal, when a danger point is exceeded; -exceeding a danger signal without exceeding a danger point; -wheel breaking to rolling stock in service; -breaking of the axle to the rolling stock in service. All precursors must be reported, both those who lead to accidents and those who do not lead to accidents. A precursor resulting in a serious accident must also be reported in accordance with the indicators relating to precursors. A precursor that does not result in a serious accident must be reported only in accordance with the indicators referring to precursors. 5. Indicators for calculating the economic impact of accidents Total in euro and relative (per train-kilometre), for: -the number of deaths and serious injuries multiplied by the value of preventing a death or serious injury (Value of Preventing a Casualty-VPC); -cost of damage caused to the environment; -the cost of material damage caused to rolling stock or infrastructure; -the cost of delays caused by accidents. The Romanian Railway Safety Authority reports the economic impact of serious accidents. The VPC means the value that the company assigns to the prevention of serious deaths or injuries and does not, as such, represent a reference for allowances between the parties involved in the accidents. 6. Indicators referring to the technical safety of the infrastructure and its implementation 6.1. Percentage of lines equipped with train protection systems (TPS) in operation and percentage of train-kilometres using TPS on board, where these systems offer: --warning; -automatic warning and stop; -automatic warning and stop and discrete speed surveillance; -automatic warning and stop and continuous speed surveillance. 6.2. Number of level crossings (total, per kilometre of line and length deployed) for the following five types: a) passive transition; b) active-level crossing: ((i) manual; ((ii) automatic with user warning system; ((iii) automatic with user protection system; ((iv) with protection on the side of the railway. Appendix Common definitions of I.S.C. and methods for calculating the economic impact of accidents 1. Indicators related to accidents 1.1. Serious accident-any accident involving at least one railway vehicle in motion and causing death or serious injury to at least one person or serious damage to rolling stock, rails, other installations or the environment or disturbance considerable traffic, with the exception of accidents in workshops, warehouses and depots. 1.2. Significant damage caused to rolling stock, horses, other installations or the environment-damages equivalent to at least 150,000 euros. 1.3. Important traffic disruptions-the suspension of rail transport services on a main railway line for at least six hours. 1.4. Train-one or more railway vehicles towed by one or more locomotives or railcars or a self-driving car, running under a given number or with a specific designation from an initial fixed point to a final fixed point, including a light locomotive, that is, a locomotive that runs alone. 1.5. Train collision with rail vehicle-front, rear or side collision between the part of a train and the part of another train or rail vehicle or rolling stock for manoeuvres. 1.6. Obstacle train collision in the free pass gauge space-a collision between a part of a train and objects fixed or temporarily on or near the path (except for level crossings, if lost by a vehicle or vehicle). user who crossed the path), including collision with overhead contact lines. 1.7. Train derailment-any situation where at least one of the train's wheels leaves the tracks. 1.8. Accident at a level crossing-any accident at level crossings involving at least one railway vehicle and one or more vehicles using the crossing, other users of the crossing, such as pedestrians or objects temporarily on the way railway or near it, which were lost by a vehicle or by another user who used the crossing. 1.9. Injury to persons involving rolling stock-injuries to one or more persons who are hit by a railway vehicle or an object attached to that vehicle, or which has broken off from that vehicle. includes persons falling from railway vehicles, as well as persons falling or being hit by detached objects during the journey on board vehicles. 1.10. Fire of rolling stock-a fire or explosion occurring in a railway vehicle (including its load) when it moves between the station of departure and destination, including during parking at the station of departure, at destination or during intermediate stops, as well as during sorting operations. 1.11. Other accidents-any accident, other than a "train collision with rail vehicle", "train collision with obstacle in the parking space of the free pass", "train derailment", "accident at the level crossing", " injury to a person involving rolling stock "or" rolling stock fire ". 1.12. Traveller-any person, except a train staff member, who conducts a journey by rail, including a traveler who tries to get on a moving train or get off a moving train, only to train. Accident statistics. 1.13. Employee or contractor-any person whose job is in connection with the railway and who is in the performance of duty at the time of the accident, including the staff of the contractors, the contractors who carry out an independent activity, train staff and persons handling rolling stock and infrastructure facilities. 1.14. User of the level crossing-any person using a level crossing to cross the railway line with any means of transport or on foot. 1.15. Intruder-any person present in the premises of the railway installations in which its presence is prohibited, except for a user of the level crossing. 1.16. Another person on the platform-any person on a platform who is not defined as "traveler", "employee or contractor", "user of the level crossing", "other person who is not on the platform" or "intruder". 1.17. Another person who is not on the platform-any person who is not on the platform and who is not defined as "traveler", "employee or contractor", "user of the level crossing", "other person on the platform" or "intruder". 1.18. Death (person killed)-any person killed on the spot or who dies in no more than 30 days following an accident, except for suicides. 1.19. Serious injury (seriously injured person)-any injured person who has been hospitalized for more than 24 hours following an accident, except for suicide attempts. 2. Indicators referring to dangerous goods 2.1. Accident involving the transport of dangerous goods-any accident or incident subject to reporting in accordance with the Regulation on the International Transport of Dangerous Goods (RID) /European Road Transport Agreement international dangerous goods (ADR), section 1.8.5. 2.2. Dangerous goods-those substances and articles whose transport is prohibited by the RID or is authorised only under the conditions laid down in the RID. 3. Indicators referring to suicides 3.1. Suicide-an act deliberately committed by a person to cause injury resulting in death, recorded and classified as such by the competent national authority. 3.2. Attempted suicide-an act deliberately committed by a person to cause serious harm. 4. Indicators referring to the precursor elements of accidents 4.1. Broken rail-any rail that is separated into two or more parts or any rail from which a piece of metal has been detached, creating on the rolling surface a gap of more than 50 mm in length and 10 mm in depth. 4.2. Deformation or faulty alignment of the rails-any failure related to the continuity and geometry of the rail rail, which requires the removal from operation of the rail or the immediate restriction of the permitted speed. 4.3. Signal failure resulting in a dangerous condition of the signal-any technical fault of the signalling system (of the infrastructure or rolling stock), which leads to less restrictive signalling information than those required. 4.4. Overcoming a danger signal when a danger point is exceeded-any situation in which any part of a train goes beyond the authorized movement and moves beyond the danger point. 4.5. Overcoming a danger signal without exceeding a danger point-any situation in which any part of a train goes beyond the authorized movement, but does not move beyond the danger point. Unauthorised displacement, as provided for in subparagraphs 4.4 and 4.5, means exceeding: -a light signal of the way or a traffic light signalling the danger, with the order of stopping, if the TPS is not operational; -the limit of an authorised movement for safety reasons provided for in a TPS; -a point communicated by verbal or written authorization, according to the European regulations; -stop signs (no fixed line arresters) or non-compliance with manual stop signals. Do not include cases where a vehicle with no traction unit attached or a train escaped without staff exceeds a distress signal. No cases shall be included in which, for whatever reason, the hazard signal is not activated in a timely manner to enable the driver to stop the train in front of the signal. The Romanian Railway Safety Authority may submit separate reports for the four unauthorised travel indicators and report at least one aggregate indicator containing data on all four indicators. 4.6. Wheel breaking to rolling stock in service-a breaking that affects the wheel and that creates an injury risk (derailment or collision). 4.7. Breaking of the axle to the rolling stock in service-a breaking that affects the axle and that creates an injury risk (derailment or collision). 5. Common methods for calculating the economic impact of accidents 5.1. The value of preventing a death or serious injury (VPC) shall consist of: 1. the value of the safety itself: the values of the willingness to pay (Willingness to Pay-WTP), based on studies of declared preferences, carried out in the Member States where those values apply; 2. direct and indirect economic costs; estimated cost values in the Member State, which include: -medical and rehabilitation costs; -court costs, expenses with the police, costs of private investigations on accidents, expenses with emergency services and administrative costs of insurance; -production losses: the value for the company of the goods and services that could have been produced by that person, if the accident had not taken place. To calculate victim-related costs, deaths and serious injuries are considered separately (different VPC for deaths and serious injuries). 5.2. Common principles for assessing the value of safety in itself and direct/indirect economic costs. As regards the value of the safety itself, the assessment of the adequacy of the available estimates is based on the following considerations: -the estimates refer to a system for assessing the reduction of mortality risk in the transport sector and follow a WTP approach based on methods based on declared preferences; -the sample of respondents used for values is representative of the population concerned. The sample must reflect, in particular, age, income distribution, and other relevant socioeconomic and demographic characteristics of the population; -method for obtaining WTP values: the investigation must be so designed that the questions are clear and meaningful for the respondents. Direct and indirect economic costs are assessed on the basis of the actual costs incurred by the company 5.3. Definitions 5.3.1. Cost of damage caused to the environment-the costs to be borne by rail operators and infrastructure manager/management, assessed on the basis of their experience, to return the affected area to its state of before the accident The costs of damage caused to the environment will be communicated to the Romanian Railway Safety Authority by the factors involved. 5.3.2. The cost of material damage to rolling stock or infrastructure-the cost of providing the new rolling stock or new infrastructure, with functionalities and technical parameters identical to those that have been completely damaged, and the related cost bringing rolling stock or infrastructure that can be repaired to the condition prior to the accident, to be estimated by rail operators and infrastructure manager/management based on their experience, including costs related to the rental of rolling stock as a result of unavailability caused by damaged vehicles. 5.3.3. The cost of delays caused by accidents-the monetary value of delays suffered by rail users (passengers and customers of freight services) as a result of accidents, calculated on the basis of the following model: VT = the monetary value of the time gained during the journey Time value for the traveller on a train (one hour) VT (p) = [VT of travellers travelling for service] * [Average passenger percentage moving for service per year] + [VT of travellers not travelling for business] * [Average passenger percentage not travelling for business] * moving in the interest of the service per year] VT (P) is measured in euro per hour traveller. Traveller travelling for work-a traveller travelling in connection with his/her professional activities, with the exception of the shuttle. Time value for a freight train (one hour) VT (F) = [VT of freight trains] * [(tone-km)/(tren-km)] VT (F) is measured in euro per tonne per hour. Average quantity in tonnes of cargo transported per train in a year = (tone-km)/(tren-km) CM = Cost of one minute of train delay Passenger train CM (P) = K1 * (VT (P) /60) * [(travel-km)/(tren-km)] Average number of passengers per train in a year = (travel-km)/(train-km) Freight train CM (F) = K2 * (VT (F) /60) Factors K1 and K2 are comprised between the value of time and the value of the delay, as estimated by the stated preferences studies, bearing in mind that the time lost as a result of delays is significantly more perceived. negative than the normal time of travel. Cost of delay due to an accident = CM (P) * (minutes delayed by passenger trains) + CM (F) * (minutes delayed by freight trains) Scope of the model The cost of delays shall be calculated for all serious accidents as follows: -actual delays in the railways on which the accident measured at the terminus railway station occurred; -the actual delays or, if not possible, the estimated delays on the other affected railway lines. 6. Indicators referring to the technical safety of the infrastructure and its implementation 6.1. Train Protection System (TPS)-a system that helps to enforce compliance with signals and speed restrictions. 6.2. Systems on board-systems that help the train driver to respect the signalling of the way and the signalling in the cabin, thus leading to the protection of dangerous points and the application of speed limits. TPS on board are described as follows: a) warning, which provides automatic warning to the driver; b) automatic warning and stop, which provides automatic warning to the driver and automatic stop at the passing of a danger signal; c) automatic warning and stop and discrete speed surveillance, which provides protection of dangerous points, where "discrete speed surveillance" means speed surveillance at certain locations (speed restriction zones) near a signal; d) automatic warning and stop and continuous speed surveillance, which provides protection of dangerous points and continuous surveillance of rail speed limits, where "continuous speed surveillance" means the continuous indication and application of maximum prescribed speed allowed at all sections of rail. Type d) is considered an automatic train protection system (ATP-Automatic Train Protection). 6.3. Level crossing-any intersection at the level between a road or a passage and a railway, authorised by the infrastructure manager and open to the public or private users. The passages between the platforms in the railway stations, as well as the overpasses for exclusive use by the employees, are excluded. 6.4. Road (for railway accident statistics)-any public or private road, street or highway, including adjacent pedestrian paths and bike paths. 6.5. Passage-any route, other than a road, which serves to pass people, animals, vehicles or cars. 6.6. Pass at the passive level-a level crossing without any warning or protection system activated when the switch cannot be used by the users safely. 6.7. Active-level crossing-a level crossing whose users are protected or warned by the arrival of the train by activating devices when the switch cannot be used by them safely. Protection by using physical devices includes: -barriers or semi-calibration; -gates. Warning by using fixed equipment installed at the level crossing: -visual signals: lights; -acoustic signals: bells, sirens, honks, etc. Active-level crossings are to be classified as: a) manually-a level crossing where the user protection or warning system is manually activated by a railway company employee; b) Automatic, with the user warning-a level crossing where the user warning is activated near the train; c) Automatic, with the protection of the user-a level crossing where the user protection is activated near the train. This includes a level crossing with a system that offers both protection and user warning; d) protection on the side of the railway-a signal or other system of protection of the train, which allows it to advance only when the level crossing is fully protected on the users ' side of the level crossing and when no incursion is no longer permitted. 7. Definitials of calibration bases 7.1. Train-km-the unit of measurement that represents the movement of a train for a distance of 1 km. The distance used is the actual distance travelled, if known, otherwise the standard distance of the network between origin and destination is used. It shall only be taken into account in the national territory of the declarant country. 7.2. Travel-km-the unit of measurement representing the transport of a traveller by rail over a distance of 1 km. It shall only be taken into account in the national territory of the declarant country. 7.3. Km of line-the measured length of the railway network of the Member States, the scope of which is defined in art. 2. For multi-thread rail paths only the distance between origin and destination is taken into account. 7.4. Length deployed-length measured in kilometres of the railway network of the Member States, the scope of which is defined in art. 2. Each track line of railway lines with several wires is taken into account. ---------- Annex 1 was replaced by the Annex hereto JUDGMENT no. 161 161 of 11 March 2015 , published in MONITORUL OFFICIAL no. 183 183 of 18 March 2015, according to the single article of the same normative act. + Annex 2 NATIONAL SAFETY RULES The national safety rules to be notified to the European Commission in accordance with the procedure described in art. 8 8 include: 1. rules on existing national safety objectives and safety methods; 2. rules on requirements for safety management systems and safety certification of rail transport operators; 3. repealed; ---------- Section 3 of Annex 2 has been repealed by RECTIFICATION no. 65 65 of 10 May 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011, which introduces point 13 13 of art. I of Law no. 65/2011 . 4 4. common rules for the operation of the railway network not yet covered by the S.T.I., including rules relating to the traffic signalling and management system; 5. rules laying down requirements on additional internal operating rules (company rules) to be established by infrastructure managers and rail transport operators; 6. rules relating to requirements for personnel performing critical safety tasks, including selection criteria, medically sound and vocational training and certification, to the extent that they are not yet covered by the S.T.I.; 7. rules on the investigation of accidents and incidents. + Annex 3 SAFETY MANAGEMENT SYSTEMS 1. Requirements of the safety management system The safety management system shall be documented in all relevant parts and shall describe in particular the distribution of responsibilities in the organisation of the infrastructure manager or rail operator. It indicates how management is ensured at different levels, how staff and its representatives are involved at all levels and how the continuous improvement of the safety management system is ensured. 2. Basic elements of the safety management system The basic elements of the safety management system are as follows: a) a safety policy approved by the general manager of the organization and communicated to all personnel; b) qualitative and quantitative objectives of the organization for the maintenance and improvement of safety, as well as plans and procedures for achieving these objectives; c) procedures for the attainment of existing, new and modified technical and operational standards, or of other established prescriptive conditions: --in S.T.I.; or -in national safety rules provided for in art. 8 8 and in Annex no. 2 2; or --in other relevant rules; or -in decisions of the authorities, and procedures for ensuring compliance with standards and other prescriptive conditions throughout the life cycle of equipment and operations; d) procedures and methods for carrying out the risk assessment and for the implementation of risk control measures when a change in operating conditions or new material imposes new risks on infrastructure and operations; e) to provide programs for the training of personnel and systems to maintain the competence of the staff and therefore to carry out tasks in good f) measures to ensure sufficient information within the organisation and, where appropriate, between organisations operating on the same infrastructure; g) procedures and formats for the method of documentation of safety information and the designation of the procedure for controlling the configuration of vital safety information; h) procedures for ensuring the reporting, investigation and analysis of accidents, incidents, incidents avoided at the limit and other dangerous events, as well as for taking the necessary preventive measures; i) ensuring action plans, alerts and information in case of emergency, agreed with the appropriate public authorities; j) provisions for repeated internal auditing of the safety management system. + Annex 4 DECLARATIONS for the network-specific safety certificate The following documents must be submitted in order to enable the safety authority to provide the part of the safety certificate which is specific to -documentation from the railway operator on the S.T.I. or parts of the ST.I. and, if relevant, national safety rules and other rules applicable to its operations, its personnel and its rolling stock, and on how the safety management system ensures compliance; -documentation from the railway operator on the different categories of personnel employed or contracted for exploitation, including evidence of the fulfilment of the requirements of the S.T.I. or of the national rules and the correct certification of -documentation from the railway operator on the different categories of rolling stock used for operation, including evidence of compliance with the requirements of the S.T.I. or national rules, as well as on the correct certification their. In order to avoid duplication of work and to reduce the volume of information, only summary information on the elements complying with the S.T.I. and the other requirements set out in the Government Decision no. 1.533/2003 * *) on the interoperability of the high-speed rail transport system and in Government Decision no. 850/2003 * *) on the interoperability of the conventional rail transport system in Romania with the trans-European conventional rail transport system. + Annex 5 CONTENT main of the investigation report on accidents and incidents ((1) Summary The summary includes a brief description of the event, when and where it took place, as well as its consequences. It presents the direct causes as well as the factors that contributed to the event and the underlying causes established by the investigation. The main recommendations, as well as information on their recipients, are indicated. (2) Immediate event facts 1. Event: -date, exact time and place of the event; -description of the events and the location of the accident, including the rescue and emergency services; -the decision to launch an investigation, the composition of the investigation team and the conduct of the investigation 2. Event circumstances: -staff and contractors involved, other parties and witnesses; -their trains and composition, including the registration numbers of the rolling stock items involved; -the description of the infrastructure and the signalling system-self-types, macazes, anchorage, signals, train protection; -means of communication; -works carried out at/or near the event site; -the triggering of the railway emergency plan and its chain of events; -triggering the emergency plan of public rescue services, police and medical services and its chain of events. 3. Loss of life, injured persons and property damage: -travellers and third parties, staff, including contractors; -cargo, luggage and other goods; -rolling stock, infrastructure and environment. 4. External circumstances: -weather conditions and geographical references. ((3) Registration of investigations and investigations 1. Summary of testimonies (subject to identity protection of persons): --railway personnel, including contractors; -other witnesses. 2. Safety management system: -the framework organization and the way in which the orders are given and carried out; -the personnel requirements and the manner of their application; -routines for internal controls and audits as well as their results; -the interface between the different actors involved in the infrastructure. 3. Rules and regulations: -relevant Community and national rules and regulations; -other rules, such as operating rules, local instructions, personnel requirements, maintenance prescriptions and applicable standards. 4. Operation of rolling stock and technical installations: -signalling and control-command system, including records from automatic data recording apparatus; -infrastructure; -communication equipment; -rolling stock, including records from automatic data recording apparatus. 5. Documentation on the operating system: -measures taken by staff to control traffic and signage; -exchange of verbal messages in relation to the event, including documentation from the records; -measures taken for the protection and safeguarding of the event site. 6. Interface man-machine-organization: -working time applied to the staff involved; -medical and personal circumstances with influence on the event, including the existence of physical or psychological stress; -design of the equipment with impact on the human-machine interface. 7. Previous events of a similar nature (4) Analysis and conclusions 1. Final description of the chain of events: -establishing conclusions on the event, based on the facts set out in section ((3). 2. Discussion: -analysis of the facts established in ((3) with the aim of drawing conclusions on the causes of the event and the performance of the rescue services. 3. Conclusions: -direct and immediate causes of the event, including the factors that contributed to the event related to the actions taken by the persons involved or the state of the rolling stock or the technical installations; -underlying causes of skills, procedures and maintenance; -primary causes related to the conditions of the regulatory framework and the application of the safety management system. 4. Additional remarks: -deficiencies and gaps found in the course of the investigation, but not relevant to the findings. ((5) Measures that have been taken -Registration of measures already taken or adopted as a consequence of the (6) Recommendations ------