The need to boost the state competition railway as a fast, modern, secure mode of transport, capable of competing with the other modes of transport and the obligation imposed by Community rules to open up the national railway markets to the international transport of goods carried out by the railway companies established in any Member State of the European Union, it has reflected the integral reform of the railway sector State competition through Law 39/2003, of 17 November, of the Railway Sector, and of the regulatory standards that develop it.

The Law of the Railway Sector, among other aspects, assigned to the Railway Infrastructure Manager, as an enterprise public entity, the operation, maintenance and control of the management systems, security and (a) the movement of the Railway Network of General Interest, as well as the provision that rail transport services on such a network should be provided, under a free competition regime, by railway undertakings after obtaining the appropriate licence of a railway undertaking and of the so-called safety certificate.

Without prejudice to the other regulations for the development of the Law of the Railway Sector, the Regulations of the Railway Sector, approved by Royal Decree 2387/2004, of December 30, develop the aforementioned law in matters such as the Scheme applicable to the project and construction of railway infrastructure, the administration of the Railway Network of General Interest, the additional, complementary and ancillary services, the system for the provision of transport services railway, inspection services, the Special Rail Register and the Committee of Rail Regulation. In particular, under Title III dedicated to the provision of the services of railway transport, the said regulation develops the safety regime in the railway transport, regulating the conditions for the granting and conservation of the safety certificate and the accident investigation regime.

Directive 2004 /49/EC of 29 April 2004 on the safety of the Community's railways and amending Council Directive 95 /18/EC on the granting of licences to railway undertakings and the Directive 2001 /14/EC on the allocation of railway infrastructure capacity, the levying of charges for the use of railway infrastructure and safety certification, commonly known as the Safety Directive, in order to continue efforts in favour the establishment of a single market for rail services, has as its object establishing a common regulatory framework for the safety of rail traffic. To this end, this Directive has defined common principles for the management, regulation and supervision of railway safety, requiring each Member State to establish a safety authority in the area of traffic safety. railway and of a railway accident and incident investigation body. In addition, it provides the necessary procurement, for the exercise of its activity, of a security clearance, by the administrators of the railway infrastructure, and of the corresponding safety certificate, by the railway undertakings, clarifying the responsibilities of each party.

The aforementioned Directive must be incorporated into Spanish national law, which requires the amendment of existing railway legislation, which is substantially affected by that directive.

As a priority of the Government, the promotion and improvement of the safety of the State-owned railway and the need to transpose the safety directive, it is necessary to adopt a Royal Decree that adapts the The railway legislation in force in the field of safety of rail traffic and of investigation of railway accidents, in particular the Regulations of the Railway Sector, to the requirements of the Community, define responsibilities in these matters and impose, both the Railway Infrastructure Manager and the companies railway, conditions and requirements for the exercise of its activity with due security guarantees.

In addition, Law 28/2006, of July 18, of State agencies for the improvement of public services, authorizes, in its additional provision third, to the Government for the creation of the " State Agency of Safety in Transport Terrestrial ", which will carry out activities of detection, analysis and assessment of safety risks in the land transports of state competence, as well as functions of inspection and supervision of the safety of the railway system, both in relation to the infrastructure as with the railway operation, in the fields of State competence; whereas it is envisaged that the agency will in future assume a large part of the powers provided for in Article 4 of the regulation which approves this royal decree and which transfers Article 16 of that Directive 2004 /49/EC which establishes the functions of the Responsible Safety Authority.

However, as long as the State Agency for Safety in Land Transport does not operate, a part of the competences in the field of railway safety will be exercised, on a transitional basis, by the Directorate General of Railways, therefore, given the special importance of the tasks assigned to this Directorate General, it is of the utmost importance that the same one has, as soon as possible, sufficient means to ensure the full operation that requires security assurance in this mode of transport.

The Regulation on the Safety of Movement in the Railway Network of General Interest has a Title to prevent general provisions establishing its object and a number of definitions and four development titles. and five annexes.

Title I establishes the safety regime applicable to the movement on the Railway Network of General Interest. Title II, on the security clearance and the security certificate, determines the conditions and conditions for the granting, maintenance, suspension and revocation of these documents. Title III regulates the investigation of railway accidents and incidents by determining the competences in this field of the Directorate General of Railways, the Railway Infrastructure Manager and the railway undertakings and establishing a specific Authority, the Commission of Investigation of Rail Accidents, attached to the General Secretariat of Infrastructures, in charge of the investigation of the serious railway accidents or those that for its special circumstance decide to investigate. Title IV picks up the sanctioning regime.

Finally, Annex I sets out the safety indicators, Annex II describes the content to be collected by the safety management systems, Annexes III and IV respectively provide for the specific documentation of the safety management systems. the network to be submitted for the security clearance and the safety certificate, and, finally, Annex V contains the essential content of the accident and incident investigation report.

In its virtue, on the proposal of the Minister of Public Works, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on June 2007,

D I S P O N G O:

Single item. Adoption of the Regulation on safety in circulation in the General Interest Rail Network.

The Regulation on safety in the circulation of the General Interest Railway Network is adopted, the text of which is inserted below.

Additional disposition first. First safety report.

For the purposes of Article 4.4 of the regulation approved by this royal decree, the reference year for the preparation of the first annual report on security will be 2008.

Additional provision second. Official catalogue of signs of railway traffic.

The Ministry of Public Works will approve, on a proposal from the Railway Infrastructure Manager and after report of the railway companies, the Official Catalogue of Signals of Railway Circulation of application in the Network Railway of General Interest administered by the Railway Infrastructure Manager. Such a catalogue shall necessarily specify the shape, colour, design, location, visibility and meaning of the signals, as well as the dimensions of the signals.

The Railway Infrastructure Manager, when the technological changes or operating circumstances of the Railway Network of General Interest advise it, will propose for approval by the Ministry of Public Works modifications to the signalling system of that network, such as the addition of new signals or the replacement of any of the existing ones.

Additional provision third. Specific safety regime in the rail traffic in the infrastructure of ports of general interest.

1. The responsibility of the safety in the railway traffic on the existing railway infrastructures in the ports of general interest corresponds to the Harbour Authorities that manage them and to the entities that provide services rail on them.

2. The port authorities which have railway infrastructure in their service areas shall have a safety management system in place to ensure that the risks created by the railway activity within the service area are monitored. port and the relevant self-protection plan in its facilities.

3. The safety management system referred to in the previous paragraph shall be brought to the attention of the Directorate-General of Railways within two months of the date of conclusion of the agreement between the Administrator. Railway Infrastructures and the corresponding Port Authority, as referred to in Article 49 of the Railway Sector Regulations.

4. In the cases of disturbances of the railway traffic provided for in article 34 of Law 39/2003, of 17 November, of the Railway Sector, the railway companies that operate within the scope of the port will be obliged to put to Provision of the Port Authority for the resources that it is claiming and to provide it with the collaboration that is required. By the use of these resources, railway undertakings which have not been the cause of the disturbance in rail traffic, the corresponding consideration, which will be calculated in accordance with the provisions of the order of the Ministry of Public Works, unless there is prior agreement between the parties concerned.

5. Without prejudice to the obligations of the Port Authority, the Directorate-General of the Railways may verify that the railway subsystems within the port area are operated and maintained in accordance with the requirements (a) The Directorate-General may also monitor the correct implementation by the responsible actors in the port area of the regulatory framework for safety in the rail traffic.

6. They are of application to the existing railway infrastructures in the ports of general interest and that they are part of the Railway Network of General Interest the provisions of the Titles III and IV of the regulation that approves this royal decree. For the correct application of the same to these infrastructures, it is understood that the references to the Railway Infrastructure Manager are made to the corresponding Port Authorities.

7. In the case of railway accidents occurring within the port service areas, the Commission for the Investigation of Rail Accidents, in each case, in the light of the seriousness of the accident and the possible causes which produced it, may decide to participate in the research team, in addition to the members set out in Article 23 of the regulation approving this royal decree in relation to the previous paragraph, from the security officer of the Administrator Railway Infrastructure.

The railway undertakings must also carry out an internal investigation of all rail accidents and incidents in which their rolling stock or personnel have been involved.

Additional provision fourth. Exclusions.

1. Titles I, II and IV of the regulation approving this royal decree will not apply to the railway network of metric wide of state ownership operated by the Railways of Via Estrecha (FEVE), in accordance with the provisions of the Transitional provision of Law 39/2003 of 17 November of the Railway Sector.

2. In compliance with the requirements of Article 2 of Directive 2004 /49/EC of the European Parliament and of the Council of 29 April 2004 on the safety of the Community's railways, the Regulation approving this royal decree shall apply only to the General Interest Railway Network managed by the Railway Infrastructure Manager, as well as the services and activities provided on the same. Consequently, under the jurisdiction of Article 149.1.21 of the Constitution on the traffic and movement of motor vehicles, they are excluded from the scope of that Community directive:

a) meters, trams and other light rail systems,

(b) the networks whose operation is performed functionally separate from the General Interest Railway Network administered by the Railway Infrastructure Manager or the rest of the Spanish railway systems and which only are intended for the operation of urban, suburban, local or regional passenger transport services, as well as railway undertakings operating in such networks only,

c) the privately owned railway infrastructure for the exclusive use of the infrastructure owner for its own cargo operations.

Additional provision fifth. Support group for the General Directorate of Railways in the field of safety in railway traffic.

Within thirty days of the approval of this royal decree, it will be constituted, within the General Directorate of Railways, under the third transitional provision of Royal Decree 2387/2004, of November 30, approving the Regulation of the Rail Sector, a support group for that Directorate in the field of safety in the railway traffic. This group shall be composed of at least five specialised technicians with a minimum experience of five years in safety in the railway movement, which shall act exclusively on the orders and instructions which, for that purpose, provide the Director General of Railways. Within that period, the General Secretariat of Infrastructure shall, by means of a timely resolution, have the necessary requirements for the fulfilment of the above.

Additional provision sixth. Implementation of labour law.

The provisions of this royal decree on the system for the management of railway safety and the investigation of railway accidents and incidents are without prejudice to the provisions of the labour law and, in In accordance with the law of the Court of Justice of the European Union, the Court of Justice

held a

Additional provision seventh. Amendment of the Regulations of the Railway Sector approved by Royal Decree 2387/2004 of 30 December 2004.

1. A third subparagraph is added to Article 16 (1) of the Railway Sector Regulation, which will have the following wording:

"The placing in service authorization shall be granted within a maximum of one month after all the information requested has been provided to you."

2. Article 27 (2) is worded as follows:

" 2. In the soil adjacent to the one occupied by the railway lines or infrastructures and classified as urban consolidated by the corresponding urban planning, the distances for the protection of the railway infrastructure will be of five meters for the zone of public domain and eight meters for the protection, counted in all cases from the outer edges of the esplanation.

These distances may be reduced by the Ministry of Public Works provided that the need for the reduction is established and does not cause injury to the railway infrastructure and the safety and regularity of the circulation, without which, in no case, the area in the public domain may be less than two metres.

The application for reduction must be accompanied, at least, by an explanatory note and flat-and flat-scale drawings describing precisely the purpose of the reduction. That request shall be forwarded to the Railway Infrastructure Manager to report within two months. It will also be referred to the city council to report on whether the application is appropriate for the general interest and the interests it represents. After that time limit without the said entities reporting in this respect, they shall be deemed not to oppose it. '

3. Article 35 (2) is worded as follows:

" 2. The application shall be accompanied by a study of the determination of the boundary line of the building, which shall comprise at least one explanatory and flat-floor plan, which shall accurately describe its object. The Directorate-General of the Railways will forward the corresponding determination study to the Railway Infrastructure Manager, so that, within two months, it will report on whether the proposed determination does not cause injury to the the railway infrastructure and the safety and regularity of the movement. The study will also be sent to the autonomous community and the relevant city council, so that, in the same period, they will inform whether the same is appropriate for the general interest and for the interests they represent. After that period has not been reported by the said entities, they shall be understood as not opposing it. '

4. Article 63 (2) and (3) are hereby worded as follows:

" 2. It is understood that a railway undertaking has sufficient cover to respond to the damage to passengers and luggage, or to the cargo carried, respectively:

(a) If you are engaged in civil liability insurance, or are a commercial firm, covering at all times a minimum liability for a claim of EUR 9,000,000, EUR 6,000,000 or EUR 3,000,000, according to which the licence corresponds, respectively, to the level of activity 3, 2 or 1, as defined in Article 61 (3); and also, if it is engaged in insurance, or is constituted by a commercial firm, covering the loss or damage to Luggage, not more than EUR 14,50 per gross kilogram missing or damaged and up to a maximum of 600 euro per traveller.

(b) If it undertakes to collect, in the contracts for the carriage of goods it holds, a clause in which the consideration to be satisfied is freely agreed between the parties.

3. A railway undertaking shall be deemed to have sufficient cover to respond to damage to railway infrastructure, to trains and to third parties if it is engaged in insurance or is provided with a guarantee covering, at all times and by disaster, the following quantities:

a) For damage to the infrastructure: 6 million euros.

For damage to trains: 18 million euros.

For damages to third parties (goods): 1.5 million euros.

(b) By death or injury of third parties other than passengers of other railway undertakings: EUR 900,000.

(c) In the case of a rail transport of dangerous goods, the coverage guaranteed by damage to third parties (goods and persons) must be twice as high as those provided for in paragraphs 3 (a) and 3.b).

The amounts provided for in this article may be modified, in order to adapt them to the new situations that occur, through the order of the Minister of Public Works. "

5. Paragraph (f) of Article 82 is deleted.

6. Article 88 is worded as follows:

" 1. The railway undertaking offering passenger rail transport services is obliged to carry out the contracted transport with the intended duration.

2. Except as a result of force majeure, the railway undertaking is responsible for the passenger, in the terms set out in the following Article, in the case of:

a) Cancellation of the trip.

b) Interrupt travel.

c) Delay.

d) Loss, subtraction or deterioration of the baggage that has been delivered to you for safekeeping.

For the purposes of the following Article, the cancellation of the trip shall mean the impossibility of starting the journey under the conditions set out in the transport title. In addition, the cessation of the trip shall be deemed to be interrupted while the trip is taking place.

3. The provisions of the above paragraph are without prejudice to the right of the railway undertaking to repeat against the Railway Infrastructure Manager in case it considers that the railway undertaking is responsible for the cancellation or the travel disruption.

4. The railway undertakings shall inform their customers of the existence of insurance policies or the hobbies which they have engaged in to ensure the damage suffered by the passengers. "

7. The following paragraphs of Article 133 are amended as follows:

a) A new paragraph is added to paragraph 1 with the following content:

"f) Subsection of personnel responsible for the maintenance of railway equipment."

(b) Paragraph 2.i is read as follows:

" i. Name of holder and number of DNI, NIE or, failing that, passport number and nationality. '

(c) Paragraph 3.i is read as follows:

" i. Name of holder and number of DNI, NIE or, failing that, passport number and nationality. '

(d) Paragraph 4.i is read as follows:

" i. Name of holder and number of DNI, NIE or, failing that, passport number and nationality. '

e) Paragraph 5.i is worded as follows:

" i. Name of holder and number of DNI, NIE or, failing that, passport number and nationality. '

(f) Paragraph 5.vii is worded as follows:

" vii. Relationship and type of ratings you have or have disposed of. "

g) Paragraph 6.i is read as follows:

" i. Name of holder and number of DNI, NIE or, failing that, passport number and nationality. '

8. A new paragraph is inserted in Article 133 of the following wording:

" 7. At least the following information shall be included in the Subsection of personnel responsible for the maintenance of railway equipment:

i. Name of holder and number of DNI, NIE or, failing that, passport number and nationality.

ii. Date of birth.

iii. Address for notification purposes.

iv. Nationality.

v. The name and CIF of the center where you provide your services.

vi. Type of enablement and date of issue.

vii. Term of validity. "

9. Article 134.2.x is as follows:

" x. Authorization of placing in service and authorization to circulate. The authorisation for placing in service shall be granted by the Directorate-General of Railways and the movement authorisation by the Railway Infrastructure Manager. '

10. In the official model of the Book of Claims set out in the Annex to the Regulation, the following information is included:

" The personal data provided by means of this complaint will be incorporated into a file of ownership of ..............................., with domicile in ............................, whose purpose is to process the complaints lodged by the users of the rail transport services, in accordance with the provisions of the current rules governing the railway sector. The recipient of the collected information shall be the holder of the file. You may at any time exercise the right of access, rectification, cancellation and opposition that you legally correspond to, by writing to the address indicated above. "

First transient disposition. Regime applicable to the Railway Infrastructure Manager.

Since the entry into force of this royal decree, it will be understood that the Administrator of Railway Infrastructures counts, for the exercise of the functions that are his own, with the authorization of security to which the Article 9 of the Regulation on the movement of the Railway Network of General Interest.

However, within the maximum period of two years from the date of entry into force of this royal decree, the Railway Infrastructure Manager will have to take the necessary actions to adapt to the established in that Regulation and formally request the relevant security clearance in accordance with the provisions of that Regulation, presenting the documentation set out therein.

Second transient disposition. Reassignment of functions.

Until an order from the Minister of Public Works does not change, it will be up to the Railway Infrastructure Manager to grant the safety certificates to the railway companies, in the terms of the Transitional provision second to Royal Decree 2387/2004 of 30 December 2004 approving the Railway Sector Regulation.

Transitional provision third. Accreditation of control personnel en route of RENFE-Operator and FEVE.

The General Directorate of Railways will issue to those agents of the business public entity RENFE-Operadora that have entrusted functions of control en route in the railway transports of travelers a document evidence of his status as an agent of the authority, in accordance with the provisions of the third transitional provision of Law 39/2003 of 17 November on the system of rail transport services of passengers operated by RENFE-Operadora in the Railway Network of General Interest, in conjunction with Article 299.4 of the the Land Transport Management Act, approved by Royal Decree 1211/1990 of 28 September 1990. Such agents shall be required to identify themselves through the mentioned accreditation to any user who requests it.

Such accreditation shall also be issued by the Director-General of Railways to officials who perform the same duties in the rail transport of passengers provided by the business public entity Railways Narrow Path (FEVE).

Transitional disposition fourth. General Regulation of Circulation.

By order of the Minister of Development will be approved, within one year from the entry into force of this royal decree and after report of the Administrator of Railway Infrastructures and the railway companies, the General Regulation of Circulation.

Transient disposition fifth. Civil liability coverage of railway undertakings.

Without prejudice to the amendment of Article 63 of the Railway Sector Regulation made by paragraph 4 of the additional provision sixth of this royal decree, the requirement of new amounts established for companies which are already licensed by a railway undertaking, or which have been applied for before the entry into force of this royal decree, will not be required until 1 January 2009, until then the amounts prior to that date have been applied to such cases. This modification.

Single repeal provision. Regulatory repeal.

Chapters V and VI of Title III are repealed, relating to the Rail Transport Safety Regime and the Rail Accident Investigation, Title III of the Railway Sector Regulations, approved by the Royal Decree 2387/2004 of 30 December 2004, as well as any other provision of equal or lower rank which is opposed to the provisions of that provision.

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Rule 149.1

the Constitution.

Final disposition second. Incorporation of Community legislation.

By the approval of this royal decree, Directive 2004 /49/EC of the European Parliament and of the Council of 29 April 2004 on the safety of the Community's railways is incorporated into Spanish law. amend Council Directive 95 /18/EC on the granting of licences to railway undertakings and Directive 2001 /14/EC on the allocation of railway infrastructure capacity, the levying of charges for their use and security certification.

Final disposition third. Powers of development.

The Minister of Public Works will, in the field of his competences, dictate the appropriate provisions for the development and implementation of the provisions of this royal decree.

Final disposition fourth. Entry into force.

This royal decree will enter into force two months after its publication in the Official Gazette of the State.

Given in Madrid, on June 22, 2007.

JOHN CARLOS R.

The Minister of Development,

MAGDALENA ALVAREZ ARZA

REGULATION ON SECURITY IN THE CIRCULATION OF THE RAIL NETWORK OF GENERAL INTEREST

PRELIMINARY TITLE

General provisions

Article 1. Object.

This Regulation aims at the development of Law 39/2003, of 17 November, of the Railway Sector, in all matters relating to the safety in circulation on the General Interest Railway Network administered by the entity The company publishes the Railway Infrastructure Manager, as well as the investigation of the accidents and railway incidents produced in the whole of the Railway Network of General Interest.

Article 2. Definitions.

For the purposes of this Regulation and in accordance with the provisions of the Community rules on safety on the Community's railways, the following definitions shall apply:

(a) Accidents: a sudden, unwanted or intentional occurrence, or a chain of such events, of harmful consequences; accidents are divided into the following categories: collisions, derailments, accidents in level steps, damage caused to people by moving rolling stock, fires and others.

(b) Serious accident: any collision or derailment of trains with the result of at least one fatality or of five or more serious injuries or major damage to rolling stock, infrastructure or the environment; and any other similar accident, with a clear effect on railway safety regulations or safety management; for major damage, damage shall be understood at the cost of which the research body can be assessed immediately in at least one EUR 2 million in

.

(c) Authority responsible for safety: the national body responsible for the functions relating to safety in the railway or any binational body to which the Member States have entrusted them; functions to ensure a unified security regime in relation to the specialised cross-border infrastructure.

d) Causes: actions, omissions, events, conditions, or their combination, that have caused an accident or incident.

e) Components of the rail system: any elementary component, group of components, subassembly or complete assembly of materials incorporated or intended to be incorporated in a railway subsystem. The concept of a component includes not only material objects, but also intangible objects, such as software. In the case of interoperability constituents, they shall be those of which the interoperability of the high-speed or conventional rail system is directly or indirectly dependent, as defined in the rules in force.

(f) Incident: any event, other than an accident or serious accident, associated with the use and operation of trains or rolling stock and affecting the safety of the movement.

g) Research: a process that includes the collection and analysis of information relating to railway accidents and incidents, the adoption of conclusions, including the determination of the causes of such accidents and incidents, the development of safety recommendations in the rail traffic in order to prevent them in the future.

h) Responsible investigator: the person in charge of the organization, management and control of the investigation of an accident or incident.

i) Safety methods: the methods to be developed to explain how safety levels are evaluated, the achievement of safety objectives, as well as compliance with any other safety requirements. It is distinguished between national security methods (MS) and common security methods (CSMs) to be established by the European Union, common to all Member States.

(j) National safety standards: a set of rules containing the railway safety requirements applicable to more than one railway undertaking, irrespective of the body issuing them.

k) Safety objectives: safety levels which must, at least, achieve both the various parts of the rail system (conventional rail system, high-speed rail system, large rail tunnels railway lines used exclusively for the carriage of goods) as the railway system as a whole, expressed in terms of risk acceptance. It is distinguished between the national security objectives (OS) and the common security objectives (OCS) to be established by the European Union, common to all Member States.

(l) Notified bodies: the bodies responsible for assessing conformity or suitability for use of the interoperability constituents or for processing the EC verification procedure of the subsystems as defined in the rules in force.

m) Security management system: the set of measures established within your organisation by an infrastructure manager or a railway undertaking to ensure the management of its operations under conditions security.

n) Railway system: the set consisting of the railway infrastructure, as defined in Article 3 of the Railway Sector Regulation and the rolling stock circulating on it.

n) Subsystems of the railway system: the result of the division of the railway system according to its structural and functional nature. These subsystems are, by their structural nature: infrastructure, energy, control-command and signalling, operation and traffic management, rolling stock; by their functional nature: maintenance and telematics applications passengers and freight transport.

TITLE I

Safety regime for circulation on the General Interest Rail Network

Article 3. Safety in the railway traffic.

1. For the purposes of this Regulation and from the overall perspective of the State-owned railway system, safety in the railway movement shall include

following aspects:

a) The establishment of national security objectives and methods.

(b) The requirements to be met by the safety management systems for the safety certification of railway undertakings and the security clearance of the Railway Infrastructure Manager.

(c) The conditions for the authorisation of the placing in service of the railway rolling stock, both of the new and of which it has been substantially modified, as well as of its correct maintenance.

(d) The system of operation of the security installations of the General Interest Railway Network, including the systems of signalling and traffic management.

(e) The conditions to be met by the Railway Infrastructure Manager and the railway undertakings in relation to their internal security operating systems.

(f) The requirements of personnel who perform safety-related functions in the railway movement, including the criteria for their rating.

g) The regime of accident and incident investigation.

(h) Any other related to railway infrastructure, rolling stock and railway personnel not covered by the above paragraphs and which may have an impact on or affect the safety of the rail traffic.

2. The Ministry of Public Works and, where appropriate, the entities attached thereto, shall ensure, in the field of their respective competences and in accordance with current legislation and technical and scientific progress, for the general maintenance of safety in the movement on the Railway Network of General Interest, as well as the strict compliance and enforcement of safety standards by the Railway Infrastructure Manager, railway undertakings and any other agents of the rail system.

It will be a priority in these actions to continuously improve the safety conditions of the railway system, with the main objective being the prevention of railway accidents. In addition, appropriate measures will be taken to improve safety in the movement on the General Interest Rail Network.

3. The responsibility of the safety in the circulation on the Railway Network of General Interest corresponds to the Administrator of Railway Infrastructures and to the railway companies that operate in it.

The Railway Infrastructure Manager and the railway companies will apply national safety rules and regulations with appropriate safety management systems in place as provided for in this regulation. must include the measures necessary for the control of the risks of the railway movement. They shall also be responsible for the safety of the part of the rail system which affects them, including the supply of equipment and the procurement of services, in respect of users, customers, interested workers and third parties.

Also, the Railway Infrastructure Manager and the railway companies will be responsible for the level of training and qualification of their employees and those other people who perform for them a job with possible impact on safety in the movement.

4. Without prejudice to the above paragraph, any manufacturer of railway rolling stock, approved maintenance centre, holder of railway vehicles, railway or supply entity-related service provider shall be responsible for supplies of rolling stock, installations, accessories, equipment and equipment to be provided, as well as the services it provides, to be in conformity with the requirements and the conditions of use provided for, so that undertakings railway or the Railway Infrastructure Manager can use them safe way.

Article 4. Competence of the Directorate-General for Railways in the field of safety in the railway movement.

1. The following are the competences of the Directorate-General for Railways in the field of railway

:

(a) The granting of the authorization to put into service the different subsystems that make up the railway system.

(b) The verification that the subsystems in the rail system are operated and maintained in accordance with the relevant essential requirements.

c) Monitoring compliance with essential requirements by interoperability constituents in accordance with current regulations.

d) Approval of security methods (MS) and security objectives (OS).

e) The granting, renewal, modification and revocation of the security certificates and the security clearance of the railway undertakings and the Railway Infrastructure Manager, respectively.

f) The verification that the information related to the safety of the railway traffic collected in the Special Railway Register and in the railway inventories, to which the real decrees of The interoperability of the high-speed rail system and the conventional rail system is kept up to date by the bodies responsible for drawing up the system.

g) The approval of the railway rolling stock maintenance centres.

(h) The granting, renewal, suspension and revocation of the titles of the railway personnel.

i) The approval of training centres for railway staff.

(j) The approval of the medical examination centres of the railway staff.

k) The development of regulatory projects in the field of safety in rail traffic.

In this elaboration, the General Directorate of Railways will seek as many consultations as are appropriate, in order to guarantee the suitability and the legality of the projected text. Depending on the cases, you will be able to consult the National Land Transport Council, the Railway Infrastructure Manager, the railway undertakings and other candidates, the railway rolling stock manufacturers and the centres of approved maintenance, as well as to other entities or organisations involved in the railway sector of state competence.

l) The monitoring of the correct application by the actors responsible for the regulatory framework for safety in the railway traffic.

m) The inspection, in the field of its competences, of the Railway Infrastructure Manager, railway undertakings and the provision of the transport services and activities they carry out.

n) Any other that entrusts you with the regulations in force in the matter.

2. The exercise of the powers referred to in this Article shall not be delegated to the Railway Infrastructure Manager or to any railway undertaking. However, the Directorate-General of Railways may, in the course of its duties, request the Railway Infrastructure Manager, the railway undertakings or other qualified entities to provide technical and operational assistance. necessary for the realization of the same.

3. In order to facilitate the assessment of the achievement of the common safety objectives (OCS) regulated in Community legislation and to ensure the monitoring of the overall development of safety in the railway movement, the Directorate General of Railways shall publish an annual report covering the previous year relating to safety related activities in the railway movement and forward it to the European Railway Agency by 30 September of each year. The report shall refer, where appropriate, to the following information:

(a) The evolution of safety in the railway movement, including an inventory of safety indicators (IS) listed in Annex I.

(b) The relevant amendments to the safety regulations in the railway movement.

c) The development and application of the security certification and security clearance regime.

d) The results of the inspection and control of the Railway Infrastructure Manager and the railway undertakings in the field of safety.

Article 5. The Advisory Committee on Safety in Railway Circulation.

1. As an advisory and consulting body on safety in the railway movement, the Advisory Committee on Safety in Railway Circulation is hereby established within the Directorate-General of Railways.

2. The tasks of the Safety Advisory Commission in Railway Circulation shall be as follows:

(a) Know the proposals of the General Safety Commission in the ADIF-Renfe-Operator Circulation or similar bodies that are established between the Railway Infrastructure Manager and the different railway undertakings, including strategic safety plans and the annual safety plans of ADIF and railway undertakings, with the formulation, where appropriate, of recommendations in this respect.

b) Make recommendations in relation to the queries made by the commissions and bodies referred to in the previous letter.

c) Know the security management systems in the circulation of ADIF and railway companies.

d) To know the general contents to be included in the protocols for the joint management of safety in the circulation that must be established between the Administrator of Railway Infrastructures and each railway undertaking.

e) Receive information on the evolution of railway safety in the circulation on the General Interest Railway Network.

(f) to receive regular information on the development of accidents and incidents, the measures taken in each case, the preventive measures and the effectiveness of such measures.

g) to receive, where appropriate, any suggestions made for the amendment of the General Rules of Circulation referred to in Article 7. Make proposals on the definition of the criteria for the preparation of the projects on the security methods (MS) and the security objectives (OS).

h) Make proposals on security method (MS) and security (OS) projects.

3. This Commission shall be composed of the President, the Plenary and the Secretariat. The President shall be appointed by the Director General of Railways among the staff assigned to that Directorate-General.

The plenary session will be composed of staff corresponding to the various fields of competence of the public bodies and bodies responsible for railway safety, by those responsible for the safety of the traffic railway undertakings and representatives of the most representative trade unions in the sector. They will also be able to be part of the plenary with recognised experience in the sector.

The Secretary will be freely appointed and removed by the plenary.

4. The composition of this Commission will be determined by order of the Minister of Public Works and the precise aspects will be developed to ensure at all times the necessary balance in the representation of the various sectors of this Commission. Commission.

In any event, the scheme provided for in Chapter II of Title II of Title II of Law No 30/1992 of 26 November 1992 on the legal system of public administrations and the procedure for the provision of services will apply to the Commission. common administrative.

Article 6. Movement regime on the Railway Network of General Interest.

1. To the circulation on the Railway Network of General Interest will be applied the norms that in matters of safety approve the Ministry of Development and, in particular, the General Regulation of Circulation, that will determine the particular conditions of security of the lines and sections of the network.

2. Failure to comply with the conditions required for the movement shall cause the train to be stopped by the Railway Infrastructure Manager at the station or by means of a paragraph to be determined by this entity.

3. Where it is necessary to resolve as a matter of urgency any incidents arising in connection with the safety of rail traffic, the Railway Infrastructure Manager may, on a provisional basis, take the relevant decisions. (a) the General Directorate of Railways shall communicate to the General Directorate of Railways no later than 24 hours from its adoption.

Article 7. General Regulation of Circulation.

1. The General Regulation of Circulation, approved by order of the Minister of Development prior to the report of the Administrator of Railway Infrastructures, establishes the rules of circulation on the Railway Network of General Interest and the conditions necessary for the movement of trains, incorporating, in any case, the following content:

(a) The principles governing the organization of circulation, the basic technical vocabulary to be used for communications, the documents of compulsory use and their distribution procedures, the necessary means for the good organisation of the movement, the rules for the communications between the movement and the driving staff and the basic knowledge required of both.

(b) The meaning of the signs and the system of operation of the road safety installations, of a mechanical, luminous or electronic nature, both with regard to the railway infrastructure and the equipment rolling.

(c) The rules to be complied with for the movement of trains by the Railway Network of General Interest and for their entry, exit and passage through the stations, the measures to be taken in the steps at level and when they occur incidents on the infrastructure which may affect the conditions of movement.

d) The types of track and interlock of the stations and their operation.

e) The rules to follow for the composition of trains, the distribution of their cargo and the braking of those.

f) The way the maneuvers should be performed.

2. The General Rules of Circulation shall establish the manner in which the Railway Infrastructure Manager must issue the orders, circulars and slogans necessary to determine, precisely, the operating conditions of the railway infrastructure. Orders and circulars shall be intended to avoid incidents and accidents and, where appropriate, to act in such circumstances.

The orders and circulars issued by the Railway Infrastructure Manager will be published in such a way as to guarantee the knowledge of their content by the railway companies, which will take the necessary measures to ensure their knowledge by the staff to comply with them.

3. All those personnel carrying out duties relating to the safety in the railway movement on the Railway Network of General Interest are required to know, in the part that it affects, the General Rules of Circulation and other rules for railway safety, in order to be able to apply them in the performance of their duties; for that purpose, those parts of their content, the knowledge of which is compulsory for such personnel, shall be specified in that regulation and in that regulation. of their respective qualification and group of professional activity.

4. In order to ensure the proper consultation of the staff involved in the railway movement, and in order to ensure the maximum safety of the railway network, the General Interest Railway Network, the orders, circulars, communications and slogans of circulation in the field of this network will be carried out in Spanish.

Article 8. Special measures in the event of disturbances in rail traffic.

1. The Railway Infrastructure Manager will have a contingency plan in accordance with the provisions of Article 34 of Law 39/2003 of 17 November of the Railway Sector, which will be presented to the Ministry of Public Works for its approval.

2. In the cases provided for in Article 34 of the Law of the Railway Sector, the railway undertakings will be obliged to make available to the Railway Infrastructure Manager the resources which it claims and to provide it with collaboration that is required. By the use of these resources, railway undertakings which have not been the cause of the disturbance in rail traffic, the corresponding consideration, which will be calculated in accordance with the provisions of the order of the Minister for Public Works, unless there is prior agreement between the parties concerned.

3. In the case of disturbances resulting from the development of persons with the result of death, and without prejudice to the appropriate notice to the Judicial Authority, it shall be necessary to enable the train concerned to resume the service with as soon as possible.

TITLE II

Security authorization and security certificate

CHAPTER I

Security authorization

Article 9. System for managing the security of the Railway Infrastructure Manager.

1. The Railway Infrastructure Manager shall establish a safety management system which ensures, in the field of its competence, that the railway system complies with the safety objectives (OS) at least, safety standards and comply with the safety requirements set out in the technical specifications for interoperability (TSIs) and technical specifications for approval (ETH), as well as the relevant elements of the methods of safety. security (MS).

2. Such a safety management system shall comply with the requirements and shall contain the elements listed in Annex II, subject to adaptation to the character, magnitude and other conditions of the activity carried out. It shall also ensure the control of the risks created by the activity of the Railway Infrastructure Manager and, where appropriate, take into account the risks arising from other activities which may have an impact on the rail traffic.

3. The safety management system of the Railway Infrastructure Manager shall take into account the effects of the activities of railway undertakings on the Railway Network of General Interest and shall adopt provisions to allow for all railway undertakings operate in accordance with the technical specifications for implementation and safety standards, as well as with the conditions set out in their respective safety certificates.

This system shall also include the coordination of the emergency procedures included in the contingency plan of the Railway Infrastructure Manager, as referred to in Article 8, with all undertakings railway transport services in the Railway Network of General Interest.

4. The Railway Infrastructure Manager shall submit to the General Directorate of Railways, by 30 June of each year, an annual safety report for the previous calendar year. This report shall consist of the following elements:

a) Information about the degree of compliance with security objectives and the results of security plans.

(b) The definition of safety indicators set out in Annex I to this Regulation, to the extent that they are relevant.

c) The results of internal audits and security inspections.

(d) The observations regarding the deficiencies and the malfunction observed in the provision of the different services or in the management of the railway infrastructure that are relevant to the correct operation operation of the rail system.

Article 10. Security clearance of the Railway Infrastructure Manager.

1. For the exercise of the functions of management of the General Interest Railway Network, the Railway Infrastructure Manager shall have the security clearance issued by the General Directorate of Railways.

The security clearance credits that the Railway Infrastructure Manager has established a security management system and is in a position to meet the specific requirements for the safety management system. the management of the railway infrastructure under safety conditions, including, where appropriate, the maintenance and operation of traffic control and signalling systems.

The infrastructure manager shall be obliged to comply, at all times, with the conditions set out in his security clearance. Failure to comply with these conditions shall determine, where appropriate, the revocation of such conditions, without prejudice to the sanctioning regime laid down in the rules in force.

2. The security authorization will contain:

(a) An authorisation confirming the approval of the safety management system of the Railway Infrastructure Manager as provided for in this Article and in Annex II to this Regulation.

b) An authorisation confirming the approval of the provisions adopted by the Railway Infrastructure Manager to meet the specific requirements for the administration of the infrastructure (a) railway under safety conditions, including, where appropriate, the operation, maintenance and operation of traffic control and signalling systems. For the granting of the authorisation, the Railway Infrastructure Manager shall submit the documentation referred to in Annex III.

3. The General Directorate of Railways shall communicate to the European Railway Agency the security authorisations which it has issued, renewed, modified or revoked within one month of issue, renewal, amendment or revocation. Such information shall indicate the name and address of the administrator of the security authorisation holder, the date of issue, the scope and validity of the security authorisation and, in the event of revocation, the reasons for its decision.

Article 11. Request for the security authorization.

The application for a security authorization shall be accompanied by the documentation which, in accordance with the provisions of Annexes II and III to this Regulation, justifies that the Railway Infrastructure Manager has a security management system and meets the specific requirements for network administration in the appropriate security conditions.

Also, the General Directorate of Railways may request from the Railway Infrastructure Manager the documents or information that are accurate to complete the documentation provided in your application.

Article 12. Resolution on the grant request for the security authorization.

1. The Directorate-General of Railways shall issue a decision on the application for the granting of the security authorization and shall notify the security authorization within a maximum of four months of the submission of the application or of the documentation. required, in the register of the competent body to be resolved. After that time limit, without any express resolution, the security clearance shall be deemed to be refused.

2. The resolution that grants or denies the security authorization will have full effects since it is reported.

Article 13. The validity of the security authorization.

1. The period of validity of the security clearance shall be five years. It may be renewed, for successive periods of equal duration, provided that the conditions required for its granting are met, upon request of the Railway Infrastructure Manager, formulated at least six months before its date of expiration.

2. The safety authorisation shall be updated, in whole or in part, provided that substantial changes are made to the railway infrastructure, its signalling or energy supply systems, or to the basic principles and standards which govern their operation and maintenance. The Railway Infrastructure Manager shall, without delay, notify the Directorate-General of Railways of any changes to those aspects in order to initiate the file for updating its authorisation. security.

3. The General Directorate of Railways may require that the safety authorisation be reviewed if substantial modifications are made to the safety regulatory framework.

4. The Directorate-General for Railways shall carry out, in the field of its powers, the necessary checks to verify compliance by the Railway Infrastructure Manager with the safety standards in relation to its activities, rolling stock and railway personnel.

5. When the Directorate General of Railways finds that the Railway Infrastructure Manager has failed to comply with any of the conditions or requirements of its security authorization, it shall inform the Authority of its failure to comply with the requirements set out in this Regulation. which, within four months of the date of notification, is subject to its sub-healing.

Article 14. Revocation of the security authorization.

1. If the Directorate-General of Railways considers that the Railway Infrastructure Manager has ceased to meet any of the conditions required for the granting of its security authorization, it shall inform this entity to which, within the maximum period of four months from the date of notification, is subject to its sub-healing.

2. In case of failure to do so, the corresponding revocation file will be opened, which will be resolved in accordance with Law 30/1992, of November 26.

The revoking resolution of the General Directorate of Railways will be provisional and may be reviewed at the request of the Railway Infrastructure Manager by the Minister of Public Works, which will have to resolve in a maximum period of six months. The resolution of the General Directorate of Railways shall be final if within ten days of its notification the Railway Infrastructure Manager has not requested its review.

CHAPTER II

Security Certificate

Article 15. System for managing the safety of railway undertakings.

1. Each railway undertaking shall establish its safety management system which ensures that the provision of the rail transport services it performs at least complies with the safety objectives (OS) laid down, with the national safety standards and complies with the safety requirements set out in the technical specifications for interoperability (TSIs) and the technical specifications for approval (ETH), as well as the relevant elements of security methods (MS).

2. This system shall comply with the requirements and shall contain the elements listed in Annex II, subject to adaptation to the typology, characteristics and magnitude of the transport activity carried out by the railway undertaking. It shall also ensure the control of all risks created by such activity and shall, as far as possible, take into account the risks arising from activities carried out by other parties which may have an impact on the rail traffic.

3. Railway undertakings shall submit to the body responsible for issuing the safety certificate before 30 June of each year an annual safety report for the previous calendar year. This report shall consist of the following elements:

a) Information about the degree of compliance with security objectives and the results of security plans.

(b) The definition of safety indicators as set out in Annex I, to the extent that they are relevant.

c) The results of internal security audits.

(d) The observations, either of the infrastructure or of the mobile material, in relation to the deficiencies and the malfunction detected in the railway services it provides.

Article 16. Security certificate.

1. Any railway undertaking wishing to provide a rail, passenger or freight transport service on the General Interest Railway Network shall obtain a safety certificate setting out the conditions for the railway undertaking. it must comply with systems for the control, movement and safety of the railway, knowledge and requirements of its staff relating to the safety of the railway and technical characteristics of railway rolling stock, which uses and the conditions of its maintenance, as well as any other that may derive from the provisions of this regulation and its implementing rules.

2. The safety certificate certifies that the railway undertaking has established a safety management system and is in a position to comply with the requirements laid down in the technical specifications which concern it, with a view to monitoring risks and operate on the network safely.

Railway undertakings shall be obliged to comply at all times with the conditions laid down in their safety certificate. Failure to comply with these conditions shall determine their revocation, without prejudice to the application of the sanctioning regime laid down in the rules in force.

3. The safety certificate shall be granted to the railway undertaking in respect of all the services to be provided and the railway lines on which it intends to carry out its activity, and must be requested by the railway undertaking before carrying out the request for capacity allocation to the Railway Infrastructure Manager. Railway undertakings must obtain the safety certificate before they are awarded the railway infrastructure capacity which they have requested.

4. The security certificate consists of the following documents:

(a) A certificate confirming the approval of the safety management system of the railway undertaking as referred to in Article 15 and Annex II.

(b) A certificate confirming the approval of the measures taken by the railway undertaking to comply with the specific requirements necessary for carrying out rail transport on the General Interest Railway Network; or part of the same, under security conditions. These requirements include the application of the technical specifications for approval (ETH) and national safety standards, the acceptance of the procedures for the granting of the training of railway staff and for the obtaining the authorisations required for the movement of the rolling stock to be used. This certificate shall be based on the documentation submitted by the railway undertaking in accordance with Annex IV and shall specify the type and scope of the rail transport services covered by the certificate.

5. In the case of safety certificates issued by other Member States of the European Union, only the validity of the certificate referred to in point (a) referred to in the previous paragraph shall be recognised on the establishment of the relevant system of security management. Therefore, the railway undertakings which have such certificates and are interested in providing rail transport services on the General Interest Railway Network, must apply for the certificate corresponding to point (b) of the Same paragraph.

6. The data on each safety certificate that has been issued, renewed, modified or revoked shall be communicated to the Special Rail Register for the purposes of its registration and within one month.

7. The data on each certificate referred to in paragraph 4 (a), which has been issued, renewed, modified or revoked, shall be communicated to the European Railway Agency within one month of issue, renewal, amendment or amendment. revocation. Such information shall indicate the name and address of the railway undertaking, the date of issue, the scope and validity of the safety certificate and, in the case of revocation, the reasons for its decision.

Article 17. Security certificate request.

1. The railway undertaking shall accompany the application for the safety certificate with the documentation which, in accordance with Annexes II and IV, justifies that it has a safety management system and meets the specific requirements necessary for the exercise of their activity in the appropriate security conditions.

The body responsible for granting it may also obtain from the applicant the documents or information it deems necessary to complete the documentation provided in the application.

2. Applicants shall be provided free of charge for guidance on applications to be submitted, where they shall describe and explain the requirements for obtaining the security certificates and the documents to be listed present.

Railway undertakings applying for a safety certificate relating to the provision of services in a limited part of the General Interest Rail Network shall, where they exist, receive particular guidance on they are specifically indicated to them the valid rules to be met in that provision.

Article 18. Resolution on the request to grant the security certificate.

1. The Directorate-General for Railways shall issue a decision on the application for the granting of the security certificate and shall notify it within a maximum of four months from the date of submission of the application or of the additional documentation required, in the register of the competent body to be resolved. After that time limit without any express resolution, the safety certificate shall be deemed to be refused.

2. The decision granting or refusing the security certificate shall have full effect from the time of notification, and the administrative and judicial remedies shall be against the same purpose in accordance with the rules in force.

Article 19. Validity of the security certificate.

1. The term of validity of the security certificate shall be five years. It may be renewed for successive periods of equal duration, provided that the conditions for granting it and upon application by the railway undertaking are met at least six months before its expiry date.

2. The safety certificate shall be updated, in whole or in part, provided that substantial modifications are made to the initial conditions which the railway undertaking has established for its granting.

Railway undertakings must inform the body which has granted the safety certificate of all modifications to the conditions accredited for the granting of their safety certificate, without delay, as well as the number of fundamental variations in respect of its authorised railway staff and of the rolling stock which it has authorised.

Changes in the security-related personnel in the movement and in the railway rolling stock that occur once the safety certificate has been granted must be entered in the Special Register Railway.

3. During the examination of the file, it may be required that the part referred to in Article 16 (4) (a) or (b) of the safety certificate granted is reviewed if substantial amendments are made to the regulatory framework of the Railway safety and the necessary checks shall be carried out to verify compliance by railway undertakings with safety standards in relation to their activity, rolling stock and railway personnel.

4. Where the failure by a railway undertaking of any of the conditions required for the granting of the safety certificate is established, the competent authority shall instruct the relevant revocation file in accordance with the provisions of the provided in the following article.

In addition, the procedure for revocation of the safety certificate shall be initiated if it is established that the railway undertaking holding the certificate has not made use of that certificate during the year following its date of issue.

Article 20. Revocation of the security certificate.

1. The procedure for revocation shall always be initiated on its own initiative by the competent authority for the instruction of the procedure, in accordance with Article 69 of Law No 30/1992 of 26 November 1992 and, rules which develop it.

Before the initiation of the revocation procedure, action may be taken to determine whether circumstances warrant it. In particular, these actions shall be aimed at setting out, as precisely as possible, the facts which may give rise to the opening of the proceedings, to the person or persons liable to be responsible and to the relevant circumstances. are in each other.

2. The proceedings may be taken, either on its own initiative or at the request of a party, for interim measures to be taken to ensure the effectiveness of the decision which may be made and for the successful completion of the procedure, the effects of the offence committed and to ensure the general interest.

In any event, the provisional measures shall be without effect if the procedure is not initiated within the prescribed period or when the initiation agreement does not contain an express statement on them.

3. The provisional measures, which must be proportionate in terms of intensity and conditions for the purposes intended to be guaranteed, may consist of the temporary suspension of the security certificate, the provision of sureties or the withdrawal of the of railway rolling stock. Provisional measures may not be taken which may cause harm to the persons concerned, which may be difficult or impossible, or which involve infringement of rights covered by the Act.

The provisional measures may be left without effect or modified during the processing of the procedure, either on its own initiative or at the request of a party, due to circumstances that have been overcome or which could not be taken into account at the time of the proceedings. their adoption.

In any case, they shall be extinguished with the effectiveness of the resolution terminating the revocation procedure.

4. Agreed upon initiation of the procedure for the revocation of the safety certificate, the railway undertaking concerned shall be notified, which shall have a period of 15 days, from the date of the notification, in order to provide any claims, documents or information it considers appropriate and, where appropriate, to propose evidence in the form of the means to be used. If the arguments have been received or the deadline has elapsed, the procedure's instructor may agree to open a probationary period.

5. The motion for a resolution shall be notified to the parties concerned, giving them a period of 15 days from the date of notification in order to make representations and to submit the documents and information which they consider to be relevant to the In view of the above, it will forward the action, within the meaning of Article 57.2 of Law 39/2003 of 17 November, of the Railway Sector, to the body responsible for resolving, together with all the documents, allegations and information in the file.

The resolution that will be given will be motivated and will have some of the following contents:

a) The dismissal of the revocation file.

b) Revocation of the security certificate.

If, after six months from the start of the file, the parties concerned have not been notified of their decision, they shall be revoked. The person concerned may request a certificate stating that the procedure has expired and that the proceedings have been filed.

6. The revocation of the security certificate shall not give rise to any compensation in favour of its holder and shall take effect without prejudice to the application, where appropriate, of the sanctioning system provided for in the rules in force.

7. As not provided for in the Law on the Rail Sector, in this regulation and in the regulatory provisions which, to the effect, are dictated, the revocation of the safety certificate shall be in accordance with the provisions of Title VI of Law 30/1992, of 26 of November.

8. The revocation of the security certificate shall be immediately enforceable. Against that resolution, the administrative and judicial remedies shall be in accordance with the rules in force. Any revocation shall be communicated to the Railway Infrastructure Manager and the European Railway Agency, as well as to the Special Rail Register for the purposes of registration.

9. In the case where the Directorate-General of Railways revokes a safety certificate referred to in Article 16.4.b) granted by that body to a railway undertaking, the decision shall be informed as soon as possible to the authority. responsible for the security of the other Member State of the European Union which issued the certificate referred to in paragraph 4 (a) of that Article to the same undertaking.

TITLE III

The investigation of rail accidents

Article 21. Competence in the field of rail accident investigation.

1. It is up to the Commission for the Investigation of Rail Accidents to investigate the technical investigation of serious rail accidents occurring on the General Interest Rail Network, as well as the investigation of the other accidents. accidents and railway incidents where you consider it.

2. The Commission for the Investigation of Railway Accidents is a specialized collegiate body, attached to the Ministry of Public Works through the General Secretariat of Infrastructures and will carry out its activities in a transparent and non-discriminatory manner, irrespective of the Directorate-General of Railways, the Railway Infrastructure Manager and any railway undertaking, notified body or certification body, and the Railway Regulatory Committee.

3. For the decision to carry out the investigation of the railway accidents considered not to be serious and of the railway incidents, the Commission of Investigation of Railway Accidents will assess the concurrency of the following circumstances:

a) The importance of the accident or incident.

b) If it is part of a series of accidents or incidents with an impact on the system as a whole.

c) Its impact on the safety of the railway traffic.

d) The demands of the Railway Infrastructure Manager, railway companies or the Ministry of Public Works.

4. Without prejudice to the above, the Railway Infrastructure Manager will investigate all railway accidents that occur in the General Interest Railway Network, carrying out this investigation without interfering with it, in its case, by the Commission of the investigation of railway accidents, to whom it will lend all the collaboration that is required.

5. In addition, railway undertakings will have to carry out an internal investigation of all rail accidents in which they would have been involved. This investigation shall not interfere with the conduct, if any, by the Commission of Investigation of Railway Accidents, to which they shall provide all the collaboration required by the Commission.

6. The Commission for the Investigation of Railway Accidents shall establish the scope and procedures to be followed in carrying out each investigation of a railway accident.

The investigation of the railway accidents will be aimed at determining the causes of the accidents and the circumstances in which they occurred, in order to prevent them in the future, and to make the appropriate recommendations for reduce the risks in rail transport.

Such an investigation shall in no case be dealt with in the determination of fault or liability and shall be independent of any judicial inquiry.

Article 22. Structure and operation of the Railway Accident Investigation Commission.

1. The Commission for the Investigation of Rail Accidents shall be composed of the President, the Plenary and the Secretariat.

2. The President shall be appointed by the Minister of Public Works, among persons of recognized prestige and accredited professional qualifications in the railway sector.

3. The plenary session shall be composed of the following members:

(a) The President of the Commission.

b) The Vocals: five persons of recognized prestige and experience in their respective railway field, appointed by the Minister of Development on the proposal of the Secretary General of Infrastructures:

Three vocal engineers for each of the following areas of technical knowledge: roads, canals and ports, industrial, and telecommunications, experts, respectively in railway infrastructure, railway rolling stock and signalling and railway communications.

A vocal expert in rail safety and circulation.

A vocal expert on the exploitation of rail services.

Both the President and the Vocals will be able to be people working in active or in retirement situations, not being able to exceed in any case the age of 75 years.

The appointment of the president and the vowels will be for a period of four years. However, the term of office of three of the initially appointed Vocals, which shall be determined by lot at the first session of the Commission, shall be valid for two years.

(c) The Secretary: appointed by the Minister of Public Works, among active officials belonging to the Corps or Escalas of the Group A of the Ministry of Development, included in the list of jobs with professional experience accredited in the railway sector. As a permanent member he participates in the deliberations of the plenary with a voice but without a vote.

3. The plenary session of the Commission shall meet at least twice a year, as well as when it is convened by the President, on his own initiative or on a proposal from at least three of the Vocals. It is also up to you to approve the reports and recommendations made at the end of the investigation of accidents and incidents and to order their publication.

4. The Secretariat of the Commission shall have the necessary technical and administrative staff for the fulfilment of its objectives.

5. The remuneration of the members of the Committee for the Investigation of Railway Accidents shall be in accordance with the provisions of Royal Decree 462/2002 of 24 May 2002 on compensation for the service.

Article 23. The research team.

1. The investigation of the railway accidents will be carried out through a research team. It shall be composed of a technical investigator of the Secretariat of the Commission for the Investigation of Rail Accidents, appointed by its President, who shall be responsible for the investigation and, at least, the person responsible for the safety of the Manager of Railway Infrastructures and the safety officer of the company or railway companies involved in the accident, who will be obliged to put in favour of such investigation all the means and resources available to them the entities to which they represent. The intervention of those responsible for security may be delegated, for justified reasons, to their direct collaborators.

The technical investigators may be appointed from the technical staff of the Secretariat of the Commission or through a technical assistance contract with firms with sufficient and proven technical capacity.

2. The research team, in the performance of its duties, may require the advice of other experts or experts in the field of rail traffic safety and accident investigation, as well as request the assistance of qualified experts. for obtaining evidence and monitoring them and for the conditions of their custody.

3. The investigating officer responsible for the investigation of a railway accident shall establish, in accordance with the procedures laid down by the Commission, the methodology to be applied to the investigation and determine its scope and the requirements of each of the parties involved in the accident.

4. All entities linked to the railway activity shall provide the research team of the Commission for the Investigation of Railway Accidents with the collaboration required for the investigation of accidents and the formulation of the of the recommendations.

Article 24. Conduct of the investigations.

1. In the event of an accident on the General Interest Rail Network, the Railway Infrastructure Manager and the railway undertakings concerned shall inform the Commission of Accident Investigation as soon as possible. rail, the President of which shall, where appropriate, take the necessary steps to open the investigation as soon as possible and no later than one week after receiving the information that the investigation has taken place.

2. Within one week of the decision to open an investigation, the Commission for the Investigation of Rail Accidents shall inform the European Railway Agency of the investigation. This information shall indicate the date, time and place of the event, as well as its type and consequences as regards, where appropriate, fatalities, bodily injury and material damage.

3. Accident investigation should be transparent and the parties concerned shall be heard, providing information on the conduct of the investigation to the parties concerned, as far as possible.

4. During the investigation of each railway accident, the maximum information will be collected, at the place of the event, and as soon as possible, in order to allow the Railway Infrastructure Manager to restore the railway traffic on the railway line or section of the railway line concerned.

5. The Commission for the Investigation of Railway Accidents may maintain the relations it deems necessary with any authority or its agents, as well as exchange information and receive the collaborations of public bodies and bodies or private.

6. Where a railway undertaking established in another Member State of the European Union is involved in an accident or incident, the railway accident investigation body of that State shall be invited to participate in the investigation. In the case of accident investigation, the Commission for the Investigation of Railway Accidents will be able to request the collaboration of an authority of another State of the European Union and to collaborate in an investigation outside the Spanish territory with the research bodies of other States of the European Union whenever it is requested to do so.

Article 25. Security reports and recommendations.

1. The investigation into an accident, or an incident, if so decided, by the investigating team shall be the subject of a technical report in the form appropriate to the type and severity of the accident or incident and the importance of the accident. results.

This technical report shall include the objectives of the investigation relating to the improvement of railway safety and the prevention of accidents and shall include, where appropriate, the relevant safety recommendations.

2. The technical report on the investigation of a railway accident shall also describe in detail the facts, the causes of the accident and how many anomalies, deficiencies and irregularities are to be found. relationship to that.

3. This technical report shall be sent to the plenary of the Commission for the Investigation of Railway Accidents, which shall adopt the resolution. Such a resolution may include safety recommendations that are considered relevant, which shall not in any case give rise to a presumption of fault or liability.

4. The Commission for the Investigation of Railway Accidents shall make the final report public as soon as possible at the latest 12 months after the date of the incident. This report shall be as closely as possible as possible to the information structure set out in Annex V. The report, including safety recommendations, shall be communicated to all interested parties, to the Directorate-General for Railways, to the European Railway Agency and, where appropriate, the bodies and parts concerned of other States of the European Union.

5. The Commission for the Investigation of Rail Accidents shall publish, on 30 September of each year, at the latest, an annual report in which it shall give an account of: the investigations carried out in the previous year, the safety recommendations published and, their case, the measures taken in accordance with the recommendations issued previously. A copy of this report will be sent to the Directorate-General for Railways and the European Railway Agency.

The safety recommendations to be drawn up by the Commission for the Investigation of Rail Accidents shall also be addressed to bodies and entities with tasks in the preparation and implementation of railway safety standards, as well as the bodies, entities and undertakings concerned by the adoption of the recommended corrective actions.

The authorities or bodies to which these recommendations have been addressed shall, at least once a year, inform the Commission of the Investigation of Railway Accidents of the measures they adopt or intend to take to recommendation root.

Article 26. Consideration and faculties of railway accident research staff.

1. The technical investigators of the Commission for the Investigation of Railway Accidents, in the performance of their duties, shall have the consideration of agents of authority, in accordance with Article 86.5 of the Railway Sector Law.

2. During the exercise of their activity, the members of the investigation team, where appropriate, in cooperation with the authorities responsible for the judicial investigation, and in accordance with Law 15/1999, of 13 December, on data protection personal character, and other applicable legislation, shall be authorised to:

a) Access to the site of the accident or incident, as well as the involved rolling stock and related infrastructure and traffic control and signalling facilities.

b) Carry out an immediate inventory of the evidence and decide on the removal of the remains, in a controlled and guarded manner, from infrastructure facilities or parts, for the purposes of the relevant examination.

(c) Access the recording and recording equipment on board and its contents, with the possibility of using them, as well as recording recording of communications at stations and traffic control centres, where appropriate, and recording the operation of the traffic signalling and control system.

d) Access the results of the examination of the bodies of the victims, when it may be relevant to the railway investigation.

e) Access to the results of the examinations and medical analyses of the staff on board the train and any other railway personnel involved in the accident or incident, where it may be relevant to the investigation railway.

f) Interrogate the involved railway staff and other witnesses.

g) Access any relevant information or documentation in the possession of the Railway Infrastructure Manager, the railway undertakings involved and the General Directorate of Railways.

h) Access any information related to the accident under investigation, in accordance with the applicable regulations of application in each case.

3. Experts and experts referred to in Article 23.2, who assist the Commission for the Investigation of Railway Accidents, shall also be empowered to perform the functions set out in the previous paragraph.

Article 27. Accident investigation by the Railway Infrastructure Manager.

1. The Railway Infrastructure Manager shall establish, in accordance with the provisions of the Railway Accident Investigation Commission pursuant to Article 21.6, the procedure for conducting its own investigation of accidents. The railway network of general interest, to be brought to the attention of the Commission of Investigation of railway accidents and of the Directorate General of Railways.

2. The Railway Infrastructure Manager shall, before 31 March of each year, draw up an annual report, which shall forward to the Commission for the Investigation of Rail Accidents and to the Directorate-General for Railways, on all the Railway accidents occurred in the previous year in the Railway Network of General Interest.

Article 28. Investigation of accidents by railway undertakings.

1. Railway undertakings shall establish, within their system of safety management, the guidelines and procedures to be followed in the investigation of accidents in which they are involved.

2. Before 31 March each year, railway undertakings shall draw up an annual report, which shall be forwarded to the Commission for the Investigation of Rail Accidents and to the Directorate-General for Railways, on railway accidents occurring in the previous year, in which they would have been involved.

Article 29. Incidents produced in rail traffic.

1. It shall be the responsibility of the Railway Infrastructure Manager and, where appropriate, the railway undertaking involved, the investigation of the rail incidents and the formulation of the relevant reports intended to show their causes and to prevent them from occurring in the future.

2. In the context of the investigation, all entities linked to the railway activity will have to provide the Railway Infrastructure Manager and, where appropriate, the railway undertakings, the collaboration required for the railway. investigation of incidents, the formulation of recommendations and their practical implementation.

TITLE IV

Sanctioning Regime

Article 30. Sanctioning regime.

1. The system of penalties applicable to infringements committed in the field of safety in the railway traffic regulated by this Regulation shall be that laid down in Title VII of Law 39/2003 of 17 November of the Railway.

2. Without prejudice to the above, the breach by the Railway Infrastructure Manager of the essential conditions of the safety authorisation in the movement will lead to the corresponding research on to disallow the responsibilities which, in relation to them, may exist, and to the adoption of the measures resulting from them, in relation to the potential responsible.

ANNEX I

Security Indicators

1. Indicators relating to accidents

1. Total and relative number (in relation to train-kilometres) of accidents and breakdown according to the following types:

Collision of trains, including collisions with obstacles of the free-pass gauge,

Train Derailment,

Accidents at level crossings, including accidents involving pedestrians,

Accidents caused to persons by railway rolling stock on the move, except for suicides,

Suicides,

Fires on the rolling stock,

Other.

2. Total and relative number (in relation to train-kilometres) of serious injuries and fatalities by type of accident, with indication of:

Travelers in relation to the total number of travelers-kilometers),

Employees,

Step-level users,

Unauthorized persons in railway facilities,

Other.

2. Incident-related indicators

1. Total and relative number (in relation to train-kilometres) of lane breaks, track deformations and signalling failures that enable incompatible itineraries.

2. Total and relative number (in relation to the train-kilometres) of past signs in distress.

3. Total and relative number (in relation to train kilometres) of wheels and broken axles of railway rolling stock in service.

3. Indicators relating to the consequences of accidents

1. Total and relative costs (in relation to the train-kilometres) in euro for all accidents, which shall be calculated and included, if possible, the following costs:

Deaths and injuries,

Compensation for loss or deterioration of the goods of travellers, staff or third parties,

Compensation for environmental damage,

Replacement or repair of damaged railway and rolling stock facilities,

Delays, disturbances and modifications of the train itinerary, including additional personnel costs and loss of future revenue.

The above costs shall be deducted from the compensation or compensation received or which is expected to be received from third parties such as the owners of motor vehicles involved in accidents at level crossings. The compensation received by the insurance policies that the railway undertakings or the Railway Infrastructure Manager has subscribed to shall not be deducted.

2. Total and relative number (in relation to the number of hours worked) of staff working hours lost due to the accident.

4. Indicators related to the technical safety of the railway infrastructure and its implementation

1. Percentage of tracks in service with automatic train protection and percentage of train-kilometres employing automatic train protection operating systems.

2. Number of steps at level (total and per line kilometer) and percentage of steps at level with manual or automatic protection.

5. Indicators relating to the management of security

Internal audits carried out by the Railway Infrastructure Manager and the railway undertakings according to the documentation of the safety management system. Total number of audits performed and their number as a percentage of the mandatory (and projected) audits.

ANNEX II

Security Management Systems

1. Requirements of the security management system

The safety management system shall be documented at all relevant extremes and shall describe in particular the distribution of responsibility within the organisation of the Railway Infrastructure Manager or the railway undertaking.

It will be explained how management control is ensured at the different levels, how staff and their representatives participate at all levels and how the permanent improvement of the security management system is ensured.

2. Basic elements of the security management system

The basic elements of the security management system are as follows:

a) In relation to the business organization:

i. The existence of criteria and objectives, qualitative and quantitative, with respect to the maintenance and improvement of safety, approved by the management bodies of the organization and communicated to all its personnel, the existence of a department dedicated to the management of traffic safety and plans and procedures to achieve these objectives.

ii. The establishment of an appropriate procedure for the distribution of such information within the business organisation.

iii. The existence of procedures to satisfy the technical and operational standards laid down in the technical specifications for approval and in any other national safety standard applicable and for carrying out the assessment of risks and implement control measures whenever there is any change in operating conditions or a new type of material is used that poses new risks in the railway infrastructure or services.

iv. The provision of mechanisms to carry out the distribution of information, in terms of security, within the organisation or between organisations operating on the same railway infrastructure.

v. The procedures and formats for how security information is documented.

vi. The existence of mechanisms to carry out periodic internal audits in relation to the security system, to ensure that accidents and incidents are adequately investigated and informed, and of a contingency plan, which, in the Case of railway undertakings, will be agreed with the Railway Infrastructure Manager.

vii. The existence of procedures to ensure compliance by the suppliers and subcontractors of the Railway Infrastructure Manager or the railway undertaking of the technical and operational standards for this required.

viii. Procedures to ensure the reporting, investigation and analysis of rail accidents and incidents, as well as the adoption of the necessary preventive measures.

ix. Action plans, alerts and information in case of emergency, agreed with the relevant public authorities.

b) In relation to railway personnel enabled:

i. The availability of resources and resources (own or agreed) to ensure the continuing training of railway staff.

ii. The availability of approved (own or agreed) physical and mental control centres of railway staff and the means and procedures to carry out this.

iii. The availability of means (own or concerted) and resources to enable random control of the detection of alcohol consumption and analytical indications of drug use of abuse and psychoactive substances.

iv. The scheme to be applied to the granting and renewal of the ratings required by the railway staff with which it is counted, indicating the training to be provided and the evidence to be exceeded.

c) In relation to the rolling stock:

i. The typology of the railway rolling stock at its disposal (in property, rental, manufacturing or any other figure) at the time of application for the safety certificate.

ii. The existence of maintenance plans and approved rolling stock maintenance centres to be carried out.

ANNEX III

Documentation to contribute with the security authorization request

For the authorisation referred to in Article 10 (2) (b) of the specific security authorisation for the network to be issued, the following documents shall be submitted:

The relationship of the trained rail staff, indicating the type of enablement you have.

Documentation concerning the various types of railway rolling stock that you intend to use, indicating the authorisations that you have and which certify that this material complies with the technical specifications affecting you; or either those that they intend to apply for rolling stock that does not have such authorisations.

ANNEX IV

Documentation to contribute with the security certificate request

In order for the certificate referred to in Article 16 (4) (b) of the safety certificate to be issued for the network to be issued, they shall be submitted in respect of the lines on which it is intended to operate, the following documents:

Documentation relating to the functional categories of the trained railway staff. For the different functional categories of railway staff related to safety in the movement, compliance with the requirements of the Order FOM/2520/2006 of 27 July, determining the conditions for the safety of railway staff, will be established. (a) obtaining qualifications and qualifications enabling the exercise of the functions of the railway staff concerned with safety, as well as the arrangements for training centres for such staff and for the assessment of their physical fitness, development of Article 60 of Law 39/2003 of 17 November of the Railway Sector.

Documentation concerning the various types of railway rolling stock that you intend to use in the service, indicating the authorisations available to you, and which certify that this material complies with the technical specifications they are affected by it, or those that it intends to apply for rolling stock that does not have such authorisations.

ANNEX V

Essential content of the accident and incident investigation report

1. Summary

The summary will contain a brief description of the event, when and where it took place and its consequences. It will indicate the direct causes as well as the contributing factors and the underlying causes investigated by the investigation. The main recommendations will be cited and information on the recipients of these recommendations will be provided.

2. Event immediate facts

1. Event:

The exact date, time, and location of the event.

Description of the facts and the place of the accident, as well as the tasks of the rescue and relief services.

The decision to open an investigation, the composition of the research team.

2. Event circumstances:

Rail personnel involved and, where applicable, third parties and witnesses.

The trains and their composition, including the registration number of the rolling stock involved.

The description of the infrastructure and signalling system (types of track, needles, interlocking, signals, and train protection).

Communication systems.

Works at or near the place.

Activation of the contingency plan and its chain of events.

Activation of the emergency plan of public rescue services, police and medical services and their chain of events.

3. Fatalities, injuries and property damage:

Travelers, staff, and third parties.

Load, baggage, and other goods.

Rolling stock, infrastructure, and environment.

4. External circumstances:

Weather conditions and geographic references.

3. Relationship of investigations and inquiries

1. Summary of witness statements (subject to protection of the identity of persons):

Rail staff and travelers.

Other witnesses.

2. Security Management System:

Framework Organization and how orders are given and executed.

Staff requirements and how they are met.

Routines of internal controls and audits and their results.

Interface between different parts in the railway infrastructure.

3. Regulations:

Relevant national and community legislation and regulations.

Other applicable rules, such as operating rules, local instructions, personnel requirements, and maintenance precepts.

4. Operation of railway rolling stock and technical installations:

Command and signalling control system, including recordings of automatic data loggers.

Infrastructure.

Communications equipment.

Rolling stock, including recordings of automatic data loggers.

5. Circulation management system documentation:

Measures taken by the circulation staff.

Exchange of verbal messages in relation to the event, including documentation from recordings.

Measures to protect and safeguard the place of the event.

6. Man-machine-organization interface:

Staff work time involved.

Medical and personal circumstances with influence on the event, including the existence of psychological physical stress.

Team design with effects on the anthropechanical interface.

7. Other previous events of a similar character.

4. Analysis and conclusions

1. Definitive description of the chain of events:

Establishment of the conclusions on the event in accordance with the provisions of Title III of the Regulation to which this Annex corresponds.

2. Deliberation:

Analysis of the facts in order to draw conclusions on the causes of the event and the effectiveness of rescue services.

3. Conclusions:

Direct and immediate causes of the event, including the contributing factors related to the actions of the persons involved or the conditions of the rolling stock or technical installations.

underlying causes related to the qualifications of railway staff and the maintenance of rolling stock or railway infrastructure.

Causes related to the conditions of the regulatory framework and the application of the security management system.

4. Additional comments:

Deficiencies and defects established during the investigation that are not related to the findings on the causes.

5. Measures taken

Relationship of measures taken as a result of the rail accident or incident.

6. Recommendations