Evaluation of the way in which national safety rules are published and made available Annex 20 Country report for Portugal

Transcription

1 EUROPEAN RAILWAY AGENCY Safety Unit Evaluation of the way in which national safety rules are published and made available Reference: /INF/ /SAF Version: 1.0 Date: 22 November 2010 Status: Final Author: Sector for Safety Regulation /INF/ /SAF Version 1.0 Page 1/23

2 Version Control Evaluation of the way in which national safety rules are published and made available Document issued by: Released by: Reviewed by: Author: European Railway Agency 120 rue Marc Lefrancq F Valenciennes France Kurt Lentz Jan Christensen, Kurt Lentz, Natalja Skačenko Sector for Safety Regulation Version: 1.0 Date: 22/11/2010 Type of document: Status of document: Final report supporting paper annex Final Amendment records Version Issued by Modified sections Distribution 0.1 KL Internal/sector 0.2 KL All input of analysis from masterfiles Internal/sector KL External consultation 0.6 KL Summary conclusion table added Internal/sector 1.0 KL Final version External /INF/ /SAF Version 1.0 Page 2/23

3 Table of Contents Evaluation of the way in which national safety rules are published and made available 0. Foreword Introduction General description Legislation Railway operations Analysis tables Summary conclusions /INF/ /SAF Version 1.0 Page 3/23

4 0. Foreword Evaluation of the way in which national safety rules are published and made available This is the country report for, annex 20 to the Supporting Paper to Final Report Evaluation of the way in which national safety rules are published and made available (/INF/ /SAF). Information in this report provides an overview of the current status of activities implied by Articles 4(1), 8(1), 12(2-3), 16(2)(f) and 17(1) of the Railway Safety Directive 2004/49/EC, as well as indicates possible room for developing relevant procedures and practice. Abbreviations used in this document are common to all annexes and are explained in the Supporting Paper. Information in this report was validated by the Member States representatives in RISC. A reservation should be made concerning the information and summary conclusions in this report taking into account constant development of the NSR-related activities in the Member States, as well as the primary purpose for the Agency s task and methodology for collecting the relevant information: the Agency s evaluation aimed to establish a general picture on how NSR are published and made available in the Member States. It was not the purpose for the Agency s task to describe these activities in detail and check their compliance with the Railway Safety Directive. 1. Introduction 1.1. General description Legislation Caminhos de Ferro Portugueses, CP, has a close relationship with the IM in the preparation and management of safety rules. The IMTT, as NSA, plays an important role in the communication of National Safety Rules in Railway operations The railway first appeared in as a private undertaking. Both private and state companies operated side by side for a long time until they were all amalgamated in 1951 into the Caminhos de Ferro Portugueses, CP. In April 1997 CP was divided into two separate companies, CP (Comboios de ), responsible for train operations and REFER (Rede Ferroviária Nacional), responsible for the network. Both are state owned enterprises. The Infrastructure Manager, REFER, is depending of the Secretária de Estado dos Transportes at the Ministry of Transport MOPTC. Apart from CP there are two other RUs in : Passengers: Fertagus (Travessia do Tejo Transportes SA) that in 1999 became the first private rail operator running a fleet of double deck electric multiple-units. (EMU), Freight: Takargo (Mota-Engil Group) began its activity as international private freight operator in March Analysis tables This part of the report records the results of the analysis of the information collected from different sources according to the methodology described in the Supporting Paper. /INF/ /SAF Version 1.0 Page 4/23

5 Forms of legislation and types of notified national safety rules ed Table T O T A Legal acts of parliament or Royal decrees Government decrees Ministry issued decrees National Safety Authority regulations or rules Other Authorities rules and regulations Indirect rules from IM, RU and third parties L 43 2 Decreto-Ley: 1 type 6 1 type 7 5 Decreto-Ley: 1 type 2 2 type 3 1 type 4 1 type 7 1 Despacho: 1 type 6-21 Instrução: 4 type 3 16 type 4 1 type 6 14 Regulamento: 2 type 3 10 type 4 2 type Table No of rules of each type Types of notified rules Total Type 1 Type 2 Type 3 Type 4 Type 5 Type 6 Type /INF/ /SAF Version 1.0 Page 5/23

6 Table a No of rules of each type Types and sub-categories of notified safety rules Type 1 Rules concerning existing national safety targets and safety methods Type 2 Rules concerning requirements on safety management systems and safety certification of railway undertakings Safety targets Safety methods Safety management systems Safety certification Types and sub-categories of notified safety rules Table b No of rules of each type Type 3 Rules concerning requirements for the authorisation of placing in service and maintenance of new and substantially altered rolling stock that is not yet covered by a TSI. The notification shall include rules for exchange of rolling stock between railway undertakings, registration systems and requirements on testing procedures Testing procedures Authorisation Registration Maintenance Exchange between RUs /INF/ /SAF Version 1.0 Page 6/23

7 Types and sub-categories of notified safety rules Table c No of rules of each type Type 4 Common operating rules of the railway network that are not yet covered by TSIs, including rules relating to the signalling and traffic management system Type 5 Rules laying down requirements on additional internal operating rules (company rules) that must be established by infrastructure managers and railway undertakings Operating rule Signalling rule Traffic management system rule Infrastructure managers Railway undertakings Table d No of rules of each type Types and sub-categories of notified safety rules Type 6 Rules concerning requirements on staff executing safety critical tasks, including selection criteria, medical fitness and vocational training and certification as far as they are not yet covered by a TSI Selection criteria Medical fitness Vocational training Certification Type 7 Rules concerning the investigation of accidents and incidents /INF/ /SAF Version 1.0 Page 7/23

8 Table Who is responsible for establishing binding national safety rules Who approves the rules? Legal acts of parliament or Royal decrees Responsibilities in establishing safety rules Government decrees Ministry issued decrees National Safety Authority regulations or rules Other authorities rules and regulations Indirect rules from IM or RU Government Government - Government Third party rules Consultation on draft rules Primary consultation The NSA consults the IM, RUs and Trade Unions The NSA consults the IM, RUs and Trade Unions - The NSA consults the IM, RUs and Trade Unions Who drafts/prepares the rules NSA NSA - NSA /INF/ /SAF Version 1.0 Page 8/23

9 Table Rule prepared by the Ministry Consultation on draft rules direct rules Rules prepared by the Safety Authority Rule prepared by other authority (insert title) - Consultation of draft Parliamentary acts and Government decrees is mainly done by mail/ . There is evidence that in the past consultation of draft NSA rules was carried out by announcing draft rules in the news rubric on the NSA website. However currently there is no consultation rubric within the legislation rubric on this website. Stakeholders receive drafts also by . - Table Not applicable /INF/ /SAF Version 1.0 Page 9/23

10 Table Managing the safety rules system Overall evaluation: Ad-hoc 1 Consultation of stakeholders for feedback on the application of safety rules Monitoring activities of NSA of the application of safety rules Process for updating rules / checking compliance with EU legislation, e.g. TSIs, etc. Taking Safety Recommendations of NIB and others into account Yes, feedback can be given to the NSA. There is a continuous, but not systematic, monitoring. The requests for changes on the rules, or proposals for new rules, are analysed by the NSA. Incident and accident reports are an input for evaluation of the rule application. The implementation of the EU legislation is the responsibility of the Government and the Ministries. They alert the NSA in the cases when it is needed to develop or modify a particular rule as a consequence of the EU legislation. There are no specific procedures or systematic controls. The national safety rules system is updated when needed, for instance by request of an interested body or by changes in the Community legislation. The NIB has not yet provided any recommendation. 1 Ad-hoc: when there are no processes in place to manage the rule system /INF/ /SAF Version 1.0 Page 10/23

11 Table Roles in the Official Publication of national safety rules Forms legislation of Legal acts of parliament or Royal decrees Government decrees Ministry issued decrees National Safety Authority regulations or rules Other authorities rules and regulations Indirect rules from IM or RU Third party indirect rules Published by Government Government - Government Distributed by Official printing institution Imprensa Nacional-Casa da Moeda (INCM) Official printing institution - Official printing institution (OJ publisher) Management of publication process by NSA NSA - NSA /INF/ /SAF Version 1.0 Page 11/23

12 Table Official publication of direct national safety rules Forms of legislation Legal acts of parliament or Royal decrees Government decrees Ministry issued decrees National Safety Authority regulations or rules Other authorities rules and regulations Official Journal Paper publication Yes Status Ø Yes Status Ø - Yes Status Ø - Electronic version Yes Status Ø Yes Status Ø - Yes Status Ø - Other official means 2 2 Sources of the original (official) text of the national safety rules provided by publisher and/or distributer /INF/ /SAF Version 1.0 Page 12/23

13 Table Publication of direct national safety rules in Official Journal Original text 3 Consolidated versions Published in Official Journal Does it have legal power Basis for selection for consolidation When / criteria Yes Yes Yes Selective/ Government decrees Table Primary source of indirect national safety rules established by RU and IM and third party rules Not applicable 3 Still available after consolidation or only current version /INF/ /SAF Version 1.0 Page 13/23

14 Table Publication process monitoring the publication process Who allocates the roles in publishing? Scope of monitoring process for direct and indirect rules collecting feedback from: Users Other bodies Direct rules The monitoring is regulated by practice. All rules Yes Development of the publication process Use of feedback Monitoring efficiency of publication Changes resulting from the implementation of the Railway Safety Directive (RSD) Do these changes or current arrangements comply with Article 8(1) RSD? Are further changes necessary? When will they be implemented? Yes There are no systematic procedures to monitor the publication process. No - There is a study project to introduce indirect rules in the national safety rules system. Those indirect rules should be assigned to the IM. ø /INF/ /SAF Version 1.0 Page 14/23

15 Table Direct rules Means by which notified national safety rules are published and made available Country Official national Journal or equivalent Ministerial Safety Authority Other publishing body Other means provided by IM or RU Other means Diário da República /INF/ /SAF Version 1.0 Page 15/23

16 Table Finding NSR All rules, sub sets or individual rules should be considered Means to support access to direct rules Official Journal Website of Ministry Website of NSA Yes. - A number but not all notified NSR text are found. Obtain a copy of the rules Downloads are free of charge. Old rules, not available in digital format are invoiced at reproduction cost. - For free. Possible to print and save in electronic format. User s views on the accessibility of NSR Links to other relevant rules Support provided to aid access e.g. for certificate applicants Stakeholders views RU: IM: Others: Yes - Other railway legislation. - - There is a practical assistance by the NSA to the stakeholders in finding rules and documents Difficult to identify NSR among legal acts published in different rubrics. Contacts in both Portugese and English versions of website. - - RU: National safety rules are received by from the NSA. IM: All rules are provided by the NSA. /INF/ /SAF Version 1.0 Page 16/23

17 Cross-check activity Accessing the rules using communication channels open to stakeholders Independent checks Evaluation of the way in which national safety rules are published and made available Reasonably good. All legislative texts published in the official journal are freely accessible. Other railway safety rules are distributed as they are generated by the NSA (IMTT). - Not all rules available. Difficult to identify NSR among legal acts published in different rubrics. Table Not applicable Table Not applicable /INF/ /SAF Version 1.0 Page 17/23

18 Table Assessment of NSA web sites Characteristics of good access to national safety rules Country Comprehensiveness and ref. of 3rd party rules Rubrik for NSR on top level(s) List of rules with hyperlink to text of rules Other languages to aid finding rules Rules as currently in force Copy in electronic form and as printout Flags for new rules, updates Supplementary help 4 Total Links to web sites for indirect rules: IM/RU, 3rd party rules Icing on the cake : one or more of: newsletter, links to relevant rules, helpdesk or similar, technical assistance in other languages /INF/ /SAF Version 1.0 Page 18/23

19 Table Stakeholder s views on accessibility and use of sources of NSR Country Official national journal or equivalent NSA website or Ministry if no dedicated NSA web site Other sources e.g. IM web site - Accessible and comprehensive. - Table Languages in which NSR are available Country Portuguese /INF/ /SAF Version 1.0 Page 19/23

20 Table Subjective views of interview partners from railway undertakings Ease of understanding User-friendliness Provision of support Easy to understand the rules. RU and new entrant sought clarification through rules in other MS. User-friendliness has improved recently. NSA provides help on request but no guidelines or proactive support. Useful support was provided by Training Centre, Standardization Organisation, etc. Table Subjective views of interview partners from infrastructure managers Ease of understanding User-friendliness Provision of support Rules are generally easy to understand. Glossaries are used. High-level legislation is more difficult to apply. NSA rules are more user-friendly. Useful NSA guideline on conformity of rolling stock. Other documents are under development. Information on request. /INF/ /SAF Version 1.0 Page 20/23

21 3. Summary conclusions The table below was prepared with the aim to draw attention of the Member State to key improvements of the NSR-related activities and practice which appear necessary based on the currently available information. There is clear distinction between mandatory requirements in the Railway Safety Directive and advice for good practice. /INF/ /SAF Version 1.0 Page 21/23

22 Table 20.5 Country: Legislative requirements Article in RSD Concerns about implementation I. Establishment MS shall ensure that safety rules are laid down in an open non-discriminatory manner Conclusions from the evaluation of the publication and availability of national safety rules 4(1) Not fulfilled. In the past there was open consultation on draft NSA rules. Currently consultation on the drafts of all forms of legislation is primary and should be extended to open. MS shall establish binding national safety rules 8(1) Fulfilled but room for improvement. Applicable IM rules were not notified but there is a study to include such rules in the NSR system. Type 1 rules are missing. National safety targets should be now replaced by common safety targets. Attention should be paid to ensure that the NSA decisions are consistent and to align current practice and legislation with the published common safety methods. For type 3 rules specific rules for testing procedures and exchange between RUs are missing. Type 3 rules were withdrawn from Annex II of the RSD. Attention should be paid to ensure these rules are notified as NTR. NSA shall monitor, promote, enforce and develop the safety regulatory framework In the process of developing the national regulatory framework, NSA shall consult all persons involved and interested parties II. Publication MS shall ensure that the national safety rules are published III.Availability MS shall ensure that national safety rules are made available to all IMs, RUs and applicants for a safety certificate or a safety authorisation NSA shall provide special guidance for a safety certificate concerning services on a defined limited part of an infrastructure and a guidance document on the requirements for safety certificates free of charge to applicants IV. Understanding MS shall establish binding national safety rules in a clear language that can be understood by the parties concerned 16(2)(f) Partly fulfilled. There is a continuous, but not systematic, monitoring. Management of the safety rules system should be developed from ad-hoc to comprehensive processes. 17(1) Not fulfilled same conclusions as for Article 4(1). 8(1) Fulfilled but room for improvement. It should be explained somewhere which publications of the national official journal have legal power: paper, electronic or both. 8(1) Fulfilled but room for improvement of the NSA website. It is necessary to ease access to older rules which are not available in digital format on website of the national official journal. 12(2-3) Not fulfilled. 8(1) Due to the limited input data it is not possible to provide an opinion on fulfilment of this requirement. During the interviews some subjective views from stakeholders were expressed: In the absence of the NSA guidelines or other forms of proactive support, necessary /INF/ /SAF Version 1.0 Page 22/23

23 clarifications were sought from other national or foreign bodies. /INF/ /SAF Version 1.0 Page 23/23