1. Results of the EC Task Force on national safety rules (NSR) Caroline Fischer Safety Unit 23 January 201366th meeting of the RISCN° 1

2. Information about the Task Force Status quo (see ERA report 2010): After several years of work, there is still a lack of transparency of NSR and incompliance with EU rules Tasks: -Develop a common understanding of RSD requirements -Review all types of NSR in RSD Annex II -Support MS in their tasks and propose “good practice” Task Force under RISC, chaired by EC 8 MS: FI, FR, DE, LU, SK, ES, UK and NO Interim Report – January 2012 Final Report – December 2012 23 January 201366th meeting of the RISCN° 2

3. Result 1: Clarified NSR scope TF clarified NSR definition, types and overlaps 3 NSR shall be limited to the scope of exceptions in EU law Not so many exceptions remain: Operating NSR allowed by OPE TSIs, Dir. 2008/68/EC & RID Criteria for risk acceptance & significant change See details & examples in the Rule Management Tool Much more NSR exist today – A big cost & barrier to a single rail market! Member States shall “clean up” NSR systems: Cancel NSR replaced by EU law Align remaining NSR with EU law Clarify status and content of other publications Follow developments in EU law 23 January 201366th meeting of the RISC

4. Result 2: Clarified roles and procedures for NSR TF provided guidance & good practice Procedures for NSR shall ensure transparency during the whole rule life-cycle European procedure for NSR in RSD: 23 January 201366th meeting of the RISCN° 4 Triggering eventsMS actions New or amended EU law is adopted (OPE TSI, CSM, etc.) MS revises NSR MS limits NSR to allowed exceptions If MS sees the need for a new safety rule MS proposes EC a missing basic parameter No new NSR at this stage If EC confirms a missing basic parameter in EU law EC/ERA start drafting an amendment to EU law MS considers the need for a temporal NSR for this parameter If MS decides to draft an NSR MS consults all parties MS notifies the draft NSR to EC If EC has no objectionMS adopts, disseminates and implements NSR New Notif-IT module for draft NSR will be open for comments & claims

5. Result 3: Proposals for changes in EU law 5 No new tasks but simplification!!! Key proposals of the NSR TF: (1) Merge NSR and NTR into National Rules National Rules shall follow the same procedure in Notif-IT Clarify and streamline requirements for rule establishment and publication Process for deficiencies: align CSM and CST process in the RSD with TSI process in the IOD Art. 7 (2) Clarify the rationale for remaining rules = rules only for exceptions in EU law Delete Annex II from the RSD 23 January 201366th meeting of the RISC

6. Conclusions and follow-up MS should “clean-up” existing NSR (now and regularly) Taking into account the results of the Final Report MS should promote EU approach This does not depend on the 4 th Railway Package ! Some changes in legislation would simplify the rule system Supporting ERA projects: Intensive dissemination 11/2012 – 06/2015 (workshops, etc.) Regulary update of the Rule Management Tool (with NSA and RISC) Monitoring and further promotion of improvements 23 January 201366th meeting of the RISCN° 6

7. Thank you very much for your attention! Contact: NSR@era.europa.euNSR@era.europa.eu