Since 1991, the need to convert the railway into a competitive mode of transport and to open the national railway markets to the international transport of goods made by the railway companies In any Member State of the European Union, it made it necessary to adopt a set of Directives aimed at boosting the European rail sector.

In order to carry out the transposition of these directives into Spanish law, Law 39/2003 of 17 November of the Railway Sector was approved, which additionally sought to reorder the railway sector completely. laying the foundations for the progressive entry of new players in this market and, among other things, clarifying the legal regime applicable to rail transport in order to provide legal certainty for users. To these effects, the law determines the right to access the transport service, in the right conditions of quality and safety, subject to the railway undertakings to obtain the corresponding safety certificate to be granted by the Ministry of Public Works or by the entity determined by it. In particular, the law adopted provided for the possibility of establishing, if this were laid down in Community legislation, a specific administrative body which is intended to grant the said certificates and, where appropriate, another body which has for the purpose of accident investigation.

This was Directive 2004 /49/EC of the European Parliament and of the Council of 29 April 2004 on the safety of the Community's railways and amending Council Directive 95 /18/EC on the granting of licences for railway undertakings, and Directive 2001 /14/EC of the European Parliament and of the Council of 26 February on the allocation of railway infrastructure capacity, the levying of charges for the use and certification of railway undertakings Safety, the railway safety directive, which defined, inter alia, a number of common principles for the management, regulation and supervision of railway safety, obliging each Member State to establish a responsible authority in the field of safety in the railway and of a research organisation of accidents and railway incidents.

The Regulation on Safety in the Movement in the Railway Network of General Interest, approved by Royal Decree 810/2007 of 22 June, incorporated the aforementioned Railway Safety Directive into our internal law establishing, inter alia, a specific body, known as the Commission for the Investigation of Rail Accidents, which is responsible for investigating serious railway accidents and for any other accidents and incidents which it has Your special nature should consider it appropriate to investigate.

In order to complete this transposition and the requirements set by the European Commission, two amendments to Law 39/2003 of 17 November have been adopted recently. The first, carried out by Royal Decree-Law 1/2014 of 24 January, of reform in the field of infrastructure and transport, and other economic measures, introduces a new transitional provision eighth establishing that, as long as it is not the State Agency for Railway Safety (provided for in the third provision of Law 28/2006, of 18 July, of State Agencies for the reform of public services), the functions of the authority responsible for security The railway shall be carried out by the competent management bodies of the Ministry of Public Works. The second and most relevant to the effects of the present royal decree, has been carried out by Law 1/2014, of February 28, for the protection of part-time workers and other urgent measures in the economic and social order, which incorporates a new 11th additional provision on the Commission for the Investigation of Uroviary Accidents, its composition, operation and legal status.

On the other hand, in the time since the adoption of the said Regulation on safety in the circulation of the General Interest Rail Network, there have been a number of regulatory changes affecting both the the composition and functioning of the research bodies concerned with maritime and air modes in order to improve their internal functioning and to strengthen the functional independence of their members.

This rule aims to extend to the railway scope the improvements incorporated in the aforementioned rules in order to update the investigation procedure for accidents and incidents in railway and profiling, in a more explicit way, the functions corresponding to the various components of the collegiate body which are to carry out their technical research work without any kind of interference or interference and, where appropriate, in full collaboration with the authority judicial.

The present royal decree is structured in three chapters; it consists of 15 articles, an annex containing the essential content of the accident and railway incident investigation report, five additional provisions in the (i) the provision of material and human resources by the Commission, internal investigations into accidents and railway incidents carried out by the infrastructure managers and railway undertakings, the Commission, the Commission, the European Parliament and the Commission. the investigation of accidents and railway incidents in the infrastructure of the ports of General interest and the adequacy of procedures; two transitional provisions relating to the dossiers under consideration and the renewal of the mandate of the President and the vowels; a derogation provision and five final provisions relating to regulatory changes, to the title of competence, the incorporation of European Union law and the entry into force of the rule.

Chapter I includes general provisions on the subject matter, scope, definitions and the obligation to investigate railway accidents and incidents by the aforementioned Commission of Inquiry.

In Chapter II, the internal structure of the Commission, the system of designation of its members as well as its composition and operation are defined. In addition, it is adapted to the structure of the Ministry of Public Works established in Royal Decree 452/2012 of 5 March.

In order to further strengthen the independence of the Commission, its composition is linked to the prestige and professional competence of its members in the railway sector and it eliminates the obligation of the Secretary to be appointed among career officials at the service of the Ministry of Public Works. In addition, among the main innovations introduced by this royal decree is the regulation of the figure of the Vice-President, the explicit inclusion of the research team within the organic structure of the Commission, the participation of the of the Congress of Deputies, in the terms established in Law 39/2003 of 17 November, of the Railway Sector, in the designation of the President and the vowels, the elimination of the reference to the age or the employment status of the vowels the Commission, the modification of the duration of the mandate of the same, which passes from four to six years in order to further strengthen their independence. Similarly, the cases of the cessation of the duties of the members of the Commission, as well as the duties of its President and its Secretary, are expressly set out and are specified in more detail as regards both the functioning and the the procedure for issuing reports and recommendations from the Commission.

Finally, in Chapter III, the investigation procedure is set out in which it stands out, in application of the provisions of Article 22.3 of the Railway Safety Directive, among other amendments, the granting of a deadline. (a) 15 days for the purpose of making observations on the information relating to the facts and the investigations carried out in the draft technical report, with due caution in respect of the protection of character data personnel and the safeguarding of the objectives of the security investigation.

In its virtue, on the proposal of the Minister of Public Works, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and after deliberation by the Council of Ministers at its meeting of the day 18 July 2014,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object and purpose.

The object of this royal decree is to regulate the investigation of accidents and railway incidents and to improve safety in the Network of General Interest to promote the prevention of future railway accidents by carrying out the technical investigations and the analysis of accidents and incidents in order to determine their causes and to establish appropriate corrective measures.

It is also the object of this royal decree to establish the composition and operating rules of the Commission of Investigation of Rail Accidents.

Article 2. Scope.

This royal decree will apply to the technical investigation of all serious railway accidents and those other accidents and incidents of which the Commission of Investigation of Accidents is considered by the investigation. Railway lines which can be drawn from relevant conclusions for the improvement of railway safety and accident prevention.

Article 3. Definitions.

For the purposes of this royal decree, the following definitions shall apply:

a) Accident: Any sudden, unwanted or intentional occurrence, or a chain of such events, of harmful consequences. Accidents fall 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) 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.

(d) 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.

(e) 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.

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

g) Research: A process that includes the collection and analysis of information related to rail accidents and incidents, the drawing up of conclusions, including the determination of the causes of accidents and incidents, Case-law, 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, direction and control of the investigation of an accident or railway incident.

Article 4. Obligation to investigate.

1. The Railway Accident Investigation Commission will carry out a technical investigation whenever there is a serious rail accident on the General Interest Rail Network.

2. The Commission shall also investigate any other accidents and railway incidents where it considers that conclusions may be drawn from such an investigation in order to improve railway safety.

3. Investigations of rail accidents and incidents will be carried out in accordance with the provisions of this royal decree. The Railway Accident Investigation Commission shall establish, in its internal rules, the scope and procedures to be followed in the development of each investigation.

4. The purpose of the investigation shall be to determine the causes of the accident or incident in question and the clarification of the circumstances in which the accident or incident occurred in order to increase safety in rail transport and encourage the prevention of accidents.

5. In no case shall the investigation be aimed at determining the fault or liability of the accident or incident and shall be independent of any judicial investigation.

6. The investigation of accidents should be transparent and the parties concerned shall be heard.

CHAPTER II

The Rail Accident Investigation Commission

Article 5. Nature and membership.

The Commission of Investigation of Rail Accidents is a specialized collegiate body attached to the Subsecretariat of Promotion that has competence for the technical investigation of the accidents and railway incidents.

Article 6. Functional independence and relationship with public and private entities.

The Railway Accident Investigation Commission enjoys full functional independence with respect to the safety authority and any railway regulator. In the performance of their duties, neither staff nor members of the plenary may request or accept instructions from any public or private entity.

Article 7. Functions.

Correspond to the Railway Accident Investigation Commission the following functions:

(a) Carry out the investigations and technical reports of all major railway accidents, determine their causes and make recommendations, where appropriate, to ensure that the necessary measures are taken to prevent them.

b) Carry out the technical investigation of railway accidents and incidents not referred to in the preceding paragraph and draw up technical reports on them when it provides that the said investigation may be obtained conclusions for the improvement of railway safety. When deciding whether or not to open an investigation in this case, that body shall assess, inter alia, the following issues:

1. The importance of the accident or incident.

2. º If it is part of a series of accidents or incidents that have an impact on the system as a whole.

3. The Impact on Railway Safety.

4. The request of infrastructure managers, railway undertakings or the safety authority.

Article 8. Composition.

1. The Committee for the Investigation of Rail Accidents acts in plenary.

2. The plenary session of the Commission is composed of the President, five members, one of whom will serve as Vice President and a Secretary who will participate in the meetings with a voice but without a vote.

3. On a proposal from the President, the full Commission shall appoint a Vice-President from among the members, who shall replace him in the event of absence, vacancy or illness. In the event of the absence of the designated Vice-President, the oldest vowel shall act as such.

4. Under the direction of the President and organically attached to the Secretariat of the Commission, the research teams, composed of the investigators and the administrative and technical staff, shall be responsible for the implementation of the that.

5. The plenary session of the Commission shall be validly understood with the assistance of the President or the person who replaces him, the Registrar and three vowels.

Article 9. Duties of the President.

Correspond to the President with the following functions:

(a) Chair and address the sessions of the plenary session of the Commission.

b) Call for the meetings of the plenary session of the Commission and set the agenda.

c) To ensure that the Commission's agreements are carried out.

d) Decide on the opening, where appropriate, of the investigation procedure in the light of the initial assessment of the claim.

e) Designate the investigator responsible for each investigation and the rest of the researchers who are part of the research team.

f) Designate, where appropriate, the specialist technical advisors who are necessary for the proper conduct of the investigations.

g) Vellar for the correct development of investigations by ordering, where appropriate, the carrying out of additional research work in order to more accurately determine the causes of rail accidents and incidents.

(h) Raise the annual memory approved by the plenary session to the Minister of Public Works for referral to the Congress of Deputies and the Senate.

i) Represent the Commission to any national or international body. However, it may delegate to the Registrar the attendance at the meetings of those bodies.

Article 10. Duties of the Registrar.

The Secretary is responsible for the following functions:

a) The initial qualification of a casualty as a major accident, accident or railway incident.

b) Velar because the research is developed in accordance with the President's guidelines.

(c) To obtain from the public and private administrations and entities how much information and specific studies are necessary for the development of the investigations, without prejudice to the faculties attributed to the technicians Commission investigators in paragraphs (g) and (h) of paragraph 8 of the 11th additional provision of Law 39/2003 of 17 November.

(d) Raise the provisional technical reports of the investigations carried out in the Commission's plenary session.

(e) to issue the reports and recommendations adopted by the plenary, in cases where the plenary so provides, to various national and international bodies and institutions.

f) Coordinate the administrative actions that correspond to the Secretariat and the management of all staff.

g) Perform the functions inherent in the secretariat of a collegiate body.

Article 11. Appointment and mandate of the members of the Commission.

1. The President and the vowels of the Commission shall be appointed by the Minister of Public Works in the terms laid down in Law 39/2003 of 17 November of the Railway Sector, among persons of recognized prestige and professional competence in the field rail.

Three vowels will be engineers for each of the following areas of technical knowledge: roads, canals and ports, industrial and telecommunications, experts, respectively, in railway infrastructure, rolling stock rail and rail signalling and communications. One voice shall be an expert on railway safety and traffic and one on the operation of rail services.

2. On a proposal from the Minister for Public Works, the Commission's plenary session shall appoint a Registrar who shall be a career officer belonging to a sub-group A1 at the service of the General Administration of the State.

3. The mandate of the President and the vowels will be six years without the possibility of re-election.

4. The President and the members of the Commission shall cease their duties in accordance with paragraph 6 of the 11th additional provision of Law 39/2003 of 17 November, as provided for in Law 1/2014 of 28 February.

Article 12. Operation of the Commission.

1. The plenary of the Commission for the Investigation of Rail Accidents shall meet at least twice a year, as well as when the Chair calls it, on its own initiative or on a proposal from at least three vowels.

2. The final classification of rail accidents and incidents is the responsibility of the Commission.

3. It is also up to the Commission to approve the reports and recommendations drawn up at the end of a technical investigation and to order its publication, within a maximum of 12 months from the date on which the accident or railway incident, unless exceptional circumstances exist which prevent the Commission from doing so in time. The concurrence of such circumstances shall, in a reasoned manner, be made in the event that the Commission issues such reports and recommendations on an ex-temporary basis.

4. The decisions of the plenary session of the Commission shall be adopted by a simple majority. In case of a tie the vote of quality of the President or person to replace him will be decided.

5. The Commission shall be governed by the provisions of this royal decree and Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 13. Cooperation.

1. All entities linked to the railway activity shall provide the Commission with the collaboration required for the technical investigation of railway accidents or incidents and the formulation of safety recommendations. In this respect, they shall provide the research team, in time and form, with all the data and the collaboration of the technical staff required.

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

3. Where a railway accident or incident occurs on or near a border facility of another Member State of the European Union or where it is not possible to determine in which Member State it has occurred, the relevant bodies shall agree to They will be responsible for the research or carry out the research in collaboration. In the first case, the other body will be able to participate in the investigation and both will fully share their results.

4. Where a railway undertaking established in another Member State of the European Union is involved in an accident or railway incident, the investigation body of the railway accident investigation body shall be invited to participate in the investigation. Status.

5. 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.

CHAPTER III

Procedure

Article 14. Investigation procedure.

1. An accident or incident on the General Interest Railway Network, the infrastructure manager, the railway undertakings concerned and, where appropriate, the safety authority shall inform the operator of the accident or incident. Commission, as soon as possible.

2. Within the maximum period of seven calendar days from the receipt of such information and, in the light of the initial assessment of the event made by the Registrar, the President of the Commission shall, in any event, determine the opening of the investigation if the accident is described as a serious railway accident. If, on the other hand, the accident is described as an accident or railway incident, it may decide to initiate the investigation if it considers that important conclusions can be drawn from it in the field of railway safety.

3. Open the relevant investigation, the Commission shall constitute a research team consisting of the investigator responsible and the investigators who are assigned to it.

The President of the Commission shall appoint the investigator responsible among the investigators of the Commission and shall also appoint the rest of the members of the investigation team to carry out any such acts. necessary for the proper technical investigation of the events. The investigator responsible and the investigators assigned to the team shall be independent of any party whose interests may conflict with the task entrusted to them.

For the proper conduct of investigations, the Commission may use internal or external experts, depending on the nature of the accident or incident concerned.

Researchers will observe due respect and consideration to stakeholders and will take the necessary steps to protect people's privacy.

4. Public servants who have the status of Commission researchers, both themselves and attached, will be given the consideration of officials of authority when they act in the exercise of their fact-finding mission, in accordance with the provided for in the 11th additional provision of Law 39/2003 of 17 November.

5. During the investigation of each railway accident, the investigating team shall collect at the site of the event the maximum information and, as soon as possible, to enable the infrastructure manager to restore as soon as possible the railway traffic on the railway line or section of the railway line concerned.

6. Within the maximum period of seven calendar days from the opening of the 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.

7. The Commission shall report on the investigation and on its progress to the infrastructure manager and the railway undertakings concerned, to the safety authority, to the victims and to their families, to the owners of the goods. damaged, manufacturers, relief services involved, representatives of staff and users, provided that it is compatible with the security investigation and will be provided, in this same case, the opportunity to present their opinions and points View of the information provided.

8. In the event of judicial proceedings in connection with the accident or incident, the provisions of the preceding paragraph shall be subject to the provisions of the applicable procedural law.

Article 15. Result of the investigation.

1. The responsible investigator shall draw up a proposal for a technical report of each accident or railway incident which shall be in line with its importance and gravity and shall include, where appropriate, safety recommendations.

The technical report, which shall be as close as possible to the information structure set out in the Annex to this royal decree, shall include a detailed list of the data obtained and the determination of the causes of the accident or Railway incident in a clear and concise way. The anomalies, deficiencies, irregularities and circumstances that have been directly or indirectly affected by the accident or incident shall also be related.

The preparation of the technical report shall in no case prejudge the decision that may be placed on the court, shall not pursue the assessment of responsibilities, nor the determination of blame.

2. In accordance with Article 4.6, the Registrar shall communicate, provided that this does not prejudice the objectives of the safety investigation and that the applicable rules on the protection of character data are fully respected. staff, the opening of a period of 15 working days for the persons and entities referred to in Article 14.7 to have access to the information relating to the facts and the investigations carried out in the proposal for a technical report and, where appropriate, make comments on this.

3. The Secretary shall forward to the plenary the proposal for a final report after the responsible investigator has assessed the observations that could have been made in accordance with the provisions of the previous paragraph.

4. The plenary session shall appraise the draft report as well as the observations submitted and approve the final report, specifying the final safety recommendations.

5. The final report shall be published by the Commission as soon as possible and in any case not later than 12 months after the date of the accident.

The report, including safety recommendations, shall be communicated to all persons and entities referred to in Article 14.7. The Commission for the Investigation of Rail Accidents shall also forward a copy of the report to the the European Railway Agency and, where appropriate, the bodies and parts concerned of other States of the European Union.

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

in the first half of the year following the accident, the authorities and the bodies to which the recommendations are addressed will inform the Commission of the investigation of railway accidents on the measures taken in the wake of the accident. of the recommendation.

7. The Commission will publish a report by 30 September in which it will take account of the research carried out in the previous year, of the safety recommendations published, as well as the information received on the state of implementation of the the measures taken in accordance with the recommendations previously issued.

The President of the Commission will annually raise the memory, approved by the plenum, to the Minister of Public Works, for his transfer to the competent committees of the Congress of Deputies and the Senate. A copy of the same shall also be sent to the safety authority and to the European Railway Agency.

8. The safety authority and other authorities or bodies to which recommendations have been made shall inform the investigative body at least once a year of the measures they intend to take following the recommendation.

Additional disposition first. Human and material resources of the Railway Accident Investigation Commission.

The Ministry of Public Works will provide the Commission of Investigation of Rail Accidents of the human and material resources necessary to carry out its mission and will deliver the necessary means for the remuneration of the advisors technical studies and the payment of technical studies where necessary. The measures included in this rule may not result in an increase in public expenditure, appropriations, remuneration or other personnel costs.

Additional provision second. Investigation of rail accidents and incidents by infrastructure managers.

1. The infrastructure managers shall carry out, in accordance with the provisions of their safety management system, an internal investigation of rail accidents and incidents occurring in the Railway Network of Interest. General that they administer, without interfering in the conduct, if any, by the Commission of Investigation of Railway Accidents, to whom the report of the internal investigation carried out must be sent.

2. The infrastructure managers shall, before 31 March of each year, draw up an annual report, which shall be forwarded to the Commission for the Investigation of Rail Accidents and to the Responsible Safety Authority for all accidents and Railway incidents occurred in the previous year in the General Interest Railway Network which they administer.

Additional provision third. Investigation of rail accidents and incidents 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 and incidents in which they are involved. In any event, where they are involved in an accident or railway incident occurring on the General Interest Railway Network, they shall carry out an internal investigation of the same, without interfering in the conduct of the investigation, if any, by the Commission for the Investigation of Railway Accidents, to whom the report of the internal investigation carried out shall be submitted.

2. Railway undertakings shall draw up, before 31 March each year, an annual report, which shall be forwarded to the Commission for the Investigation of Railway Accidents and to the Authority responsible for safety, for accidents and railway incidents. occurred in the previous year, in which they would have been involved.

Additional provision fourth. Investigation of accidents and railway incidents in the infrastructure of ports of general interest.

1. The present royal decree is applicable to the existing railway infrastructures in the ports of general interest and that they are part of the Network of the General Interest. For the correct application to such infrastructures, the references to the infrastructure manager shall be understood to be made to the corresponding Port Authorities.

2. The Port Authority shall carry out an internal investigation of the railway accidents and incidents occurring in the General Interest Railway Network which they administer, without interfering with the conduct, if any, by the Commission. For the investigation of railway accidents, to whom the report of the internal investigation must be submitted.

The railway undertakings must also carry out an internal investigation of all the accidents and railway incidents in which their rolling stock or personal material has been involved. networks.

Additional provision fifth. Adequacy of procedures.

The Commission of Investigation of Railway Accidents will adapt within a maximum period of six months from the entry into force of the present royal decree, the scope and the procedures approved for the realization of the investigations of accidents and railway incidents to the new requirements of this royal decree.

First transient disposition. Files on processing.

The case files on accidents and railway incidents initiated prior to the entry into force of this royal decree, will continue their processing until their completion, in accordance with the provisions of the Regulation on Safety in the movement of the Railway Network of General Interest, approved by Royal Decree 810/2007 of 22 June.

Second transient disposition. Renewal of the Railway Accident Investigation Commission.

The President and the current members of the Commission shall remain in office until the expiry of the term of their current term of office or until any of the circumstances referred to in paragraph 6 of the additional provision occur. Eleventh of Law 39/2003, of 17 November, of the Railway Sector.

Single repeal provision. Regulatory repeal.

Paragraphs 6 and 7 of the additional provision of Royal Decree 810/2007 of 22 June 2007 approving the Regulation on safety in circulation in the Railway Network of General Interest and the Title III and Annex V to that Regulation.

Final disposition first. Amendment of Royal Decree 2387/2004 of 30 December 2004 approving the Regulations of the Railway Sector.

The 11th additional provision of Royal Decree 2387/2004 of 30 December 2004 approving the Railway Sector Regulation is worded as follows:

" Additional Disposition 11th. Consumption of substances that disturb or decrease the psycho-physical faculties of driving or driving personnel.

1. For the purposes of Article 92.3 of Law 39/2003 of 17 November, the following are established as maximum permitted alcohol rates for the driving of railway transport machines:

Blood alcohol rate: 0.10 grams per liter.

Alcohol rate in expired air: 0.05 milligrams per litre.

2. The fees referred to in the preceding paragraph shall also apply to railway personnel providing services in command posts, centralised traffic control, substations, stations, terminals and any other dependencies and premises where work related to that work is carried out.

3. In the training programmes intended to obtain and maintain the qualifications of the driving or driving staff, content shall be included in the knowledge of these aspects: alcohol, drugs and psychoactive substances; and medicines. In turn, railway entities shall encourage the use of such personnel, the responsible use of medicinal products which may alter, disturb or modify their psycho-physical faculties in the performance of their functions."

Final disposition second. Amendment of the Regulation on safety in circulation in the Railway Network of General Interest, approved by Royal Decree 810/2007 of 22 June.

The Regulation on Safety in Movement in the Railway Network of General Interest, approved by Royal Decree 810/2007 of 22 June, is amended as follows:

One. Article 1 is worded as follows:

" Article 1. Object and scope of application.

1. 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 Railway Network of General Interest.

2. For the purposes of railway safety, the provisions of this Regulation shall apply to all actors in the rail system, and in particular railway undertakings, as defined in Law 39/2003 of 17 November and any other railway undertaking. a public or private undertaking whose activity consists in the provision of services for the carriage of goods or passengers by rail, the undertaking being, in any event, providing traction. Also included are companies that provide traction only "."

Two. Article 4 (2) is worded as follows:

" 2. The exercise of the powers referred to in this Article shall not be delegated or attributed to any infrastructure manager, railway undertaking or contracting entity. However, the competent safety authority may, in the performance 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. "

Three. The references made throughout the Regulation to the Railway Infrastructure Manager shall be understood as the infrastructure manager.

Final disposition third. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.21. of the Constitution, which attributes to the State exclusive competence in the field of railways and land transports which take place by more than one year. Autonomous Community.

Final disposition fourth. Incorporation of European Union law.

This royal decree completes the incorporation into Spanish law 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 and on the amend Council Directive 95 /18/EC on the licensing of railway undertakings and Directive 2001 /14/EC of the European Parliament and of the Council of 26 February on the allocation of infrastructure capacity railway, application of fees for their use and certification of safety.

Final disposition fifth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, July 18, 2014.

FELIPE R.

The Minister of Development,

ANA MARIA PASTOR JULIAN

ANNEX

Essential content of the rail accident and accident investigation report prepared by the Rail Accident Investigation Commission

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:

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

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

c) The decision to open an investigation and the composition of the research team.

2. Event circumstances:

(a) Rail personnel involved and, where applicable, third parties and witnesses.

(b) Trains and their composition, including the number of registration of the rolling stock involved.

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

d) Communication systems.

e) Works at or near the place.

f) Activating the contingency plan and its chain of events.

g) Activating the emergency plan of public rescue services, police and medical services and their chain of events.

3. Fatalities, injuries and property damage:

a) Travellers, staff and third parties.

b) Load, baggage, and other goods.

c) Rolling stock, infrastructure and environment.

4. External circumstances: Weather conditions and geographical references.

3. Relationship of investigations and inquiries

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

(a) Rail staff and travellers.

b) Other witnesses.

2. Security Management System:

a) The framework organization and how the orders are given and executed.

b) Staff requirements and how they are met.

c) Routines of internal controls and audits and their results.

d) Interface between the different parts in the railway infrastructure.

3. Regulations:

(a) National and relevant national and Community legislation and regulations.

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

4. Operation of railway rolling stock and technical installations:

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

b) Infrastructure.

c) Communications equipment.

d) Rolling stock, including recordings of automatic data loggers.

5. Circulation management system documentation:

(a) Measures taken by the movement staff.

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

c) Measures to protect and safeguard the place of the event.

6. Man-machine-organization interface:

a) Staff working time involved.

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

c) Design of the equipment with effects on the anthropomechanical 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 the royal decree 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 the rescue services.

3. Conclusions:

(a) 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.

(b) Underlying causes related to the qualifications of railway personnel and the maintenance of rolling stock or railway infrastructure.

c) 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 do not relate to the findings on the causes.

5. Measures taken: Relation of measures taken as a result of the rail accident or incident.

6. Recommendations.