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Commission Directive 2009/149/EC of 27 November 2009 amending Directive 2004/49/EC of the European Parliament and of the Council as regards Common Safety Indicators and common methods to calculate accident costs (Text with EEA relevance) (repealed)
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THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety of the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive)(1), and in particular Article 5(2) thereof,
Having regard to the recommendation of the European Railway Agency (ERA/REC/SAF/02-2008) of 29 September 2008,
Whereas:
(1) Article 5(2) of Directive 2004/49/EC, as corrected, provides for the possibility to revise Annex I to the said Directive in order to include common definitions of the Common Safety Indicators (CSIs) and methods to calculate accident costs.
(2) In accordance with Article 5(1) of Directive 2004/49/EC information on CSIs is to be collected to facilitate the assessment of the achievement of the Common Safety Targets (CSTs). In conformity with Article 7(3) of the said Directive, the CSTs should be accompanied by an assessment of the economic impact in terms of societal acceptance of risk. The main purpose of CSIs should be to measure safety performance and to facilitate the economic impact assessment of CSTs. Therefore, it is necessary to move from indicators related to costs of all accidents borne by railways to indicators related to the economic impact of accidents on society.
(3) Attributing monetary values to improved safety should be seen in the context of limited budget resources of public policy actions. Therefore, in order to select initiatives that ensure an efficient allocation of resources, it becomes necessary to prioritise across the different actions.
(4) Article 9 of Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (Agency Regulation)(2) mandates the Agency to set up a network with the national authorities responsible for safety and the national authorities responsible for the investigations in order to define the content of the CSIs listed in Annex I to Directive 2004/49/EC. In response to this mandate, on 29 September 2008 the Agency delivered its recommendation on the revision of Annex I to Directive 2004/49/EC: common definitions for the CSIs and methods to calculate the economic impact of accidents (ERA/REC/SAF/02-2008).
(5) Annex I to Directive 2004/49/EC should therefore be amended.
(6) The measures provided for in this Directive are in accordance with the opinion of the Committee set up by Article 21 of Directive 96/48/EC,
HAS ADOPTED THIS DIRECTIVE:
Annex I to Directive 2004/49/EC is replaced by the text in the Annex to this Directive.
1.Member States shall adopt and publish, by 18 June 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
This Directive shall enter into force 20 days after its publication in the Official Journal of the European Union.
This Directive is addressed to the Member States.
Done at Brussels, 27 November 2009.
For the Commission
Antonio Tajani
Vice-President
Common safety indicators shall be reported annually by the safety authorities. The first reporting period shall be 2010.
Indicators relating to activities referred to in Article 2(2), (a) and (b), should be accounted for separately, if they are submitted.
If new facts or errors are discovered after the submission of the report the indicators for one particular year shall be amended or corrected by the safety authority at the first convenient opportunity and at the latest in the next annual report.
For indicators relating to accidents under heading 1, Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics(3) shall be applied as far as the information is available.
collisions of trains, including collisions with obstacles within the clearance gauge,
derailments of trains,
level crossing accidents, including accidents involving pedestrians at level crossings,
accidents to persons caused by rolling stock in motion, with the exception of suicides,
fires in rolling stock,
others.
Each significant accident shall be reported under the type of the primary accident, even if the consequences of the secondary accident are more severe, e.g. a fire following a derailment.
passengers (also in relation to total number of passenger-kilometres and passenger train-kilometres),
employees including the staff of contractors,
level crossing users,
unauthorised persons on railway premises,
others.
Total and relative (to train-kilometres) number of accidents involving the transport of dangerous goods divided into the following categories:
accidents involving at least one railway vehicle transporting dangerous goods, as defined by the Appendix,
number of such accidents in which dangerous goods are released.
Total and relative (to train-kilometres) number of suicides.
Total and relative (to train-kilometres) number of:
broken rails,
track buckles,
wrong-side signalling failures,
signals passed at danger,
broken wheels and axles on rolling stock in service.
All precursors are to be reported, both resulting and not resulting in accidents. Precursors resulting in an accident shall be reported under the CSIs on precursors; the accidents that occurred, if significant, shall be reported under the CSIs on accidents referred to in heading 1.
Total in euro and relative (to train-kilometres):
number of deaths and serious injuries multiplied by the Value of Preventing a Casualty (VPC),
cost of damages to environment,
cost of material damages to rolling stock or infrastructure,
cost of delays as a consequence of accidents.
Safety authorities shall report either the economic impact of all accidents, or the economic impact of significant accidents only. This choice shall be clearly indicated in the annual report referred to in Article 18.
The VPC is the value society attributes to the prevention of a casualty and as such shall not form a reference for compensation between parties involved in accidents.
active level crossings with:
automatic user-side warning,
automatic user-side protection,
automatic user-side protection and warning,
automatic user-side protection and warning, and rail-side protection,
manual user-side warning,
manual user-side protection,
manual user-side protection and warning.
passive level crossings.
Internal audits accomplished by infrastructure managers and railway undertakings as set out in the documentation of the safety management system. Total number of audits accomplished and the number as a percentage of audits required (and/or planned).
Common definitions for the CSIs and methods to calculate the economic impact of accidents are laid down in the Appendix.
shunting rolling stock,
objects fixed or temporarily present on or near the track (except at level crossings if lost by a crossing vehicle or user).
Unauthorised movement means to pass:
a trackside colour light signal or semaphore at danger, order to STOP, where an Automatic Train Control System (ATCS) or ATP system is not operational,
the end of a safety related movement authority provided in an ATCS or ATP system,
a point communicated by verbal or written authorisation laid down in regulations,
stop boards (buffer stops are not included) or hand signals.
Cases in which vehicles without any traction unit attached or a train that is unattended run away past a signal at danger are not included. Cases in which, for any reason, the signal is not turned to danger in time to allow the driver to stop the train before the signal are not included.
National Safety Authorities may report separately on the four indexes and shall report at least an aggregate indicator containing data on all four items.
Value of safety per se: Willingness to Pay (WTP) values based on stated preference studies carried out in the Member State for which they are applied.
Direct and indirect economic costs: cost values appraised in the Member State, composed of:
medical and rehabilitation cost,
legal court cost, cost for police, private crash investigations, the emergency service and administrative costs of insurance,
production losses: value to society of goods and services that could have been produced by the person if the accident had not occurred.
For the value of safety per se, the assessment of whether available estimates are appropriate or not shall be based on the following considerations:
estimates shall relate to a system for valuation of mortality risk reduction in the transport sector and follow a WTP approach according to stated preference methods,
the respondent sample used for the values shall be representative of the population concerned. In particular, the sample has to reflect the age/income distribution along with other relevant socio-economic/demographic characteristics of the population,
method for eliciting WTP values: survey design shall be such that questions are clear/meaningful to respondents.
Direct and indirect economic costs shall be appraised on the basis of the real costs borne by society.
=
monetary value of travel time savings
Value of time for a passenger of a train (an hour)
VTP = [VT of work passengers]*[Average percentage of work passengers per year] + [VT of non-work passengers]*[Average percentage of non-work passengers per year]
VT measured in EUR per passenger per hour
Value of time for a freight train (an hour)
VTF = [VT of freight trains]*[(Tonne-Km)/(Train-Km)]
VT is measured in EUR per freight tonne per hour
Average tonnes of goods transported per train in one year = (Tonne-Km)/(Train-Km)
=
Cost of 1 minute of delay of a train
Passenger train
CMP = K1*(VTP/60)*[(Passenger-Km)/(Train-Km)]
Average number of passengers per train in one year = (Passenger-Km)/(Train-Km)
Freight train
CMF = K2* (VTF/60)
Factors K1 and K2 are between the value of time and the value of delay, as estimated by stated preference studies, to take into account that the time lost as a result of delays is perceived significantly more negatively than normal travel time.
Cost of delays of an accident = CMP*(Minutes of delay of passenger trains) + CMF*(Minutes of delay of freight trains)
Cost of delays is to be calculated for all accidents, both significant and non-significant.
Delays are to be calculated as follows:
real delays on the railway lines where accidents occurred,
real delays or, if not possible, estimated delays on the other affected lines.
Protection by the use of physical devices:
half or full barriers,
gates.
Warning by the use of fixed equipment at level crossings:
visible devices: lights,
audible devices: bells, horns, klaxons, etc.,
physical devices, e.g. vibration due to road bumps.
Active level crossings are classified as:
“Level crossing with crossing-user-side automatic protection and/or warning” means a level crossing where the crossing protection and/or warning are activated by the approaching train.
These level crossings are classified as:
automatic user-side warning,
automatic user-side protection,
automatic user-side protection and warning,
automatic user-side protection and warning, and rail-side protection.
“Rail-side protection” means a signal or other train protection system that only permits a train to proceed if the level crossing is user-side protected and free from incursion; the latter by means of surveillance and/or obstacle detection.
“Level crossing with crossing-user-side manual protection and/or warning” means a level crossing where protection and/or warning is manually activated and there is not an interlocked railway signal showing, to the train, a running aspect only when protection and/or warning of level crossing are activated.
These level crossings are classified as:
manual user-side warning,
manual user-side protection,
manual user-side protection and warning.
RID, Regulations concerning the International Carriage of Dangerous Goods by Rail, as adopted under Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13).
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