Registered

Changes to Common Safety Methods

This page contains information on changes that have been made to Common Safety Methods as part of the European Commission’s Fourth Railway Package. It includes possible scenarios in the event of a no-deal Brexit.

Changes to the CSMs for conformity assessment

There are currently two common safety methods (‘CSMs’) for conformity assessment by national safety authorities (NSAs):

Annex I of both CSMs CA sets out the procedures for conformity assessment and Annex II sets out the criteria for assessment.

Commission Delegated Regulation (EU) 2018/762 is a CSM for safety management system requirements (CSM SMS). It came into force on 16 June 2019. However, it does not apply in a Member State of the EU until that Member State transposes Directive (EU) 2016/798 (the recast safety Directive), which is part of the Fourth Railway Package. The UK notified the European Commission that it will transpose the recast safety Directive by 16 June 2020. Therefore, the CSM SMS does not apply in the UK until the recast safety Directive is transposed (see What about Brexit? below).
The CSM SMS sets out in Annex I the SMS requirements related to railway undertakings and in Annex II the SMS requirements related to infrastructure managers. Annex I of the CSM SMS effectively replaces Annex II of the CSM CA for safety certificates and Annex II of the CSM SMS effectively replaces Annex II of the CSM CA for safety authorisations. However, the CSM SMS differs from the CSMs CA in that it applies to railway undertakings and infrastructure managers (they must establish their SMSs in accordance with the requirements set out in Annexes I and II respectively) as well as:

  • assessments done by the Agency or the NSA regarding single safety certificates
  • assessments done by the NSA regarding safety authorisations
  • supervision by the NSA.

Commission Implementing Regulation (EU) 2018/763 sets out practical arrangements for issuing single safety certificates (the Practical Arrangements Regulation). This effectively replaces Annex I of the CSM CA for safety certificates (with some additional requirements including those that replace Commission Regulation (EC) No 653/2007 on the use of a common European format for safety certificates and application documents). The Practical Arrangements Regulation contains requirements for the Agency or the NSA to assess and issue single safety certificates and for the railway undertaking when making an application through the ‘one-stop shop’. Like the CSM SMS, the Practical Arrangements Regulation applies in an EU Member State (in the main) once it transposes the recast safety Directive.

Therefore, if you are a railway undertaking and the UK transposes the recast safety Directive, the CSM SMS and the Practical Arrangements Regulations will directly apply to you. If you are an infrastructure manager, the CSM SMS will also directly apply to you (see What about Brexit? below). 

Commission Recommendation (EU) 2019/780 sets out guidelines on the practical arrangements for issuing safety authorisations to infrastructure managers (the Recommendation for safety authorisations). As it is a Recommendation, it is not legally binding on EU Member States. However, it takes effect in a Member State that adopts it when that Member State transposes the recast Safety Directive. The Recommendation for safety authorisations effectively replaces Annex I of the CSM CA for safety authorisations. It also includes guidelines for an applicant for a safety authorisation.

Changes to the CSM for supervision

Currently the NSA (in Great Britain this is the Office of Rail and Road) assesses and issues safety certificates under the CSM CA for safety certificates and safety authorisations under the CSM CA for safety authorisations. Once a railway undertaking has been awarded a safety certificate and an infrastructure manager a safety authorisation, the NSA carries out supervision under Commission Regulation (EU) 1077/2012 (the current CSM for supervision).

Commission Delegated Regulation (EU) 2018/761 sets out a CSM for supervision by NSAs after the issue of a single safety certificate or a safety authorisation (the new CSM for supervision). It came into force 16 June 2019. However, it applies in an EU Member State once that Member State transposes the recast Safety Directive. At that time, the new CSM for supervision will repeal and replace the current CSM for supervision.

What about Brexit?

The UK government has notified the European Commission that it intends to transpose the Fourth Railway Package (which includes the recast safety Directive) by 16 June 2020. If the UK leaves the EU with a withdrawal agreement (a deal) and there is a transition period beyond this date, the UK will be required to transpose the recast safety Directive as it will still have the obligations of a full Member State. If the UK transposes the recast safety Directive by 16 June 2020, then the CSM SMS, the Practical Arrangements Regulation, the Recommendation for safety authorisations (if the UK adopts it) and the new CSM for supervision will apply from that date.

The ORR has published guidance on leaving the EU without a deal and the effect on railway safety regulation. Paragraph 13 of the guidance says that in the event of a ‘no-deal’ exit, ‘newer versions of the CSMs which have been adopted by the EU pursuant to the 4th Railway Package but which are not due to come into force until after Exit Day will not be automatically implemented in the UK. Subsequent implementation will be a matter for the relevant ministers and parliament to decide on a case-by-case basis’. This applies to the CSM SMS and the new CSM for supervision.
In the event of a ‘no-deal’ exit, the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019, (the No-deal Safety Regulations) revoke:

  • the Practical Arrangements Regulation
  • Commission Regulation (EC) No 653/2007) on the use of a common European format for safety certificates and application documents
  • the CSM for safety targets (Commission Decision 2009/460/EC)
  • Commission Decision 2012/226/EU on the second set of CSMs
  • Commission Implementing Decision 2013/753/EU amending Decision 2012/226/EU on the second set of CSMs.

Of those, the following are substantially reproduced in ROGS:

  • Commission Regulation (EC) No 653/2007) on the use of a common European format for safety certificates and application documents is reproduced in new Schedule 8 of ROGS
  • the CSM for safety targets (Commission Decision 2009/460/EC) is reproduced in new Schedule 11 of ROGS
  • Commission Decision 2012/226/EU on the second set of CSMs is reproduced in new Schedule 11 of ROGS
  • Commission Implementing Decision 2013/753/EU amending Decision 2012/226/EU on the second set of CSMs is reproduced in new Schedule 11 of ROGS.

The No-deal Safety Regulations also makes amendments to the following current CSMs to correct any deficiencies that will arise from the UK’s withdrawal from the EU without a deal:

  • the CSM for safety certificates
  • the CSM for safety authorisations
  • the current CSM for supervision
  •  the CSM for risk evaluation and assessment (Commission Implementing Regulation (EU) 402/2013)
  • the CSM for monitoring (Commission Regulation (EU) 1078/2012).

Therefore, in a ‘no-deal’ exit scenario the status quo is maintained.

 
Log in or register to keep reading
Register for free individual access
  • Unlock research, articles and more
  • Get updates on RSSB’s activities

 

 

 

 

Need some help?
To talk to us about accessing RSSB content or corporate membership:
X
Cookies help us improve your website experience.
By using our website, you agree to our use of cookies.
Confirm