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Channel Tunnel: Transposition of Railway Safety and Interoperability Directives

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Channel Tunnel: Transposition of Railway Safety and Interoperability Directives Channel Tunnel: Transposition of Railway Safety and Interoperability Directives Proposals Consultation Paper November 2012 [Deliberately Blank] Contents Executive Summary 1 1 How to respond 3 • Freedom of Information 3 • Consultation Criteria 4 • What happens next? 4 2 Background 5 2.1 Railway Safety Directive 5 2.2 Recast Railway Interoperability Directive 5 3 Proposals 6 3.1 Channel Tunnel (Safety) (Amendment) Order 6 3.2 Chapter 1: Definitions 7 3.3 Chapter 2: Duties & Responsibilities 8 3.4 Chapter 3: Safety Management & Certification 8 3.5 Chapter 4: Staff Training 9 3.6 Chapter 5: Rolling Stock 9 3.7 Chapter 6: Accident Investigation 12 3.8 Chapter 7: Transitional & Miscellaneous Provisions 12 3.9 Annex 1: Safety Management Systems 12 3.10 Annex 2: Common Safety Indicators 12 4 Statutory Review 13 5 Impact Assessment 13 Annex A – Consolidated List of Questions 15 Annex B – Channel Tunnel (Safety) (Amendment) Order 16 Annex C – Transposition Table 33 Annex D – Impact Assessment 43 Annex E – Consultee List 63 Annex F – Glossary 67 Executive Summary i) This consultation seeks your views on the Department for Transport’s (“the Department’s”) proposals to transpose a number of European Directives on railway safety and interoperability for the Channel Tunnel (“the Tunnel”). The draft Channel Tunnel (Safety) Order 2013 (“the draft Order”) at Annex B is intended to implement: • Directive 2008/110/EC which requires an entity in charge of maintenance (“ECM”) to be identified in the National Vehicle Register (“NVR”) and to establish an appropriate maintenance regime; • Directive 2009/149/EC which includes a revised methodology to calculate common safety indicators; and • Provisions of Directive 2008/57/EC in respect of the additional authorisation of rail vehicles for operation in the Tunnel. ii) These provisions are already in force for the rest of mainland Great Britain through the Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 20111 for safety requirements and the Railways (Interoperability) Regulations 20112 for interoperability. For the Tunnel these provisions are intended to be implemented, in recognition of the Tunnel’s cross-border nature, by amendments to the Channel Tunnel (Safety) Order 20073 (“the 2007 Order”) which amended a bi-national safety regulation of the IGC (which formed the Schedule to the 2007 Order) made under the Treaty of Canterbury 19864 (“the Treaty”) between the UK and the French Republic. iii) Due to its cross-border nature, implementation for the Tunnel first has to be agreed between the UK and French governments. The mechanism for doing this is through a bi-national regulation made by the Intergovernmental Commission for the Tunnel (the “IGC”) under the authority of the Treaty of Canterbury 19865 (the “Treaty”). The IGC has the function under the Treaty of supervising all matters concerning the construction of the Tunnel for, and on behalf of, both Governments and it serves as the safety authority for the Tunnel. iv) Once a bi-national regulation is made by the IGC, it then has to be given legal effect in accordance with the Treaty in both national jurisdictions. The proposed draft Order, if made, would therefore give legal effect in the UK to a bi-national regulation which it is proposed will be made by the IGC to implement the three directives referred to above. The draft text of this bi-national regulation has been negotiated and agreed in principle with the French government (subject to their internal clearance processes). The draft UK Order will implement the proposed bi- national regulation by amending an existing Order, the Channel Tunnel (Safety) Order 20076 (“the 2007 Order”). The 2007 Order gave legal effect to an earlier 2007 bi-national safety regulation (the text of which is set out in the schedule to the 2007 Order). 1 S.I. 2011/1860 (available from www.legislation.gov.uk/uksi/2011/1860/contents/made). 2 S.I. 2011/3066 (available from www.legislation.gov.uk/uksi/2011/3066/contents/made). 3 S.I. 2007/3531 (available from www.legislation.gov.uk/uksi/2007/3531/contents/made). 4 Available from www.channeltunneligc.co.uk/Essential-texts,24.html?lang=en. 5 Available from www.channeltunneligc.co.uk/Essential-texts,24.html?lang=en 6 S.I. 2007/3531 (available from www.legislation.gov.uk/uksi/2007/3531/contents/made Page 1 v) France will also bring the proposed revised IGC bi-national regulation into force on its territory and the provisions will be brought into force simultaneously in both countries. It is proposed that these steps will be completed by March 2013. vi) It is the Government’s policy to adopt a minimal “copy out” approach to the transposition of European requirements wherever possible to avoid placing any additional regulatory burdens or costs on UK business. The Department regards a provision as being copied out if it is implemented by cross-reference or the language of the Directive is used with modifications only where necessary to fit the specific circumstances of the Tunnel or the drafting approach of the bi-national regulation. vii) A transposition table, which explains where copy out has not been followed and why can be found at Annex C. Although the Department would welcome comments on any aspect of the draft Order, respondents should bear in mind that the provisions of the Directives we are copying out have previously been agreed and are already in place elsewhere in the UK and Europe. viii) The Tunnel’s strategic importance as the sole physical direct link between the UK and European rail networks means this consultation will be of interest to the relevant national safety authorities in both the UK and France and also a wide section of the rail industry who operate, or are thinking of operating, through the Tunnel including railway undertakings, suppliers and manufacturers of rail vehicles, conformity assessment bodies and other interested parties that may represent passengers or unions. The Department welcomes responses from any other parties with an interest. Legal Disclaimer ix) This consultation document is intended to explain how the UK intends to transpose the requirements of the Directives to the Tunnel. However, it is not a legal document and should not be relied upon as a primary source of rights or obligations, nor as an interpretative tool. Consultees should refer to the source legislation and take their own legal advice concerning interpretation. Page 2 1 How to Respond 1.1 The consultation period runs from Thursday 15 November 2012 until Friday 14 December 2012 and responses should be received, or be post marked, no later than the end date. This consultation document has been published on the Department’s website and can be found at www.dft.gov.uk/consultations or you can contact us using the details below should you wish to request an alternative format. 1.2 Consultation responses should be sent to: Chris Angell Rail International & Safety Policy Division Department for Transport Zone 3/19 Great Minster House 33 Horseferry Road London SW1P 4DR Tel: 020 7944 0082 E-mail: [email protected] 1.3 If you would prefer to respond to the consultation on-line, it is possible to do so at Citizen Space (see https://consultation.dft.gov.uk). 1.4 When responding, please state whether you are doing so as an individual or representing the views of an organisation. If you are responding on behalf of a larger organisation please make it clear who the organisation represents, and where applicable, how the views of its members were assembled. 1.5 A list of those consulted can be found at Annex E. If you have any suggestions of others who may wish to be involved in this process, please pass the information to them or contact us. 1.6 We would like to take this opportunity to thank those who have considered and responded to the Department’s consultation in advance. We do not intend to acknowledge individual responses unless by request. Freedom of Information 1.7 Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (“FOIA”) or the Environmental Information Regulations 2004. 1.8 If you want information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. 1.9 In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an Page 3 assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department. 1.10 The Department will process your personal data in accordance with the Data Protection Act 1998 and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties. Consultation principles? 1.11 This consultation is being conducted in line with the Government's key consultation principles which are listed below: • departments will follow a range of timescales rather than defaulting to a 12-week period, particularly where extensive engagement has occurred before; • departments will need to give more thought to how they engage with and consult with those who are affected; • consultation should be ‘digital by default’, but other forms should be used where these are needed to reach the groups affected by a policy; and • the principles of the Compact between government and the voluntary and community sector will continue to be respected.
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