Procedure : 2013/0016(COD)
Document stages in plenary
Document selected : A8-0056/2016

Texts tabled :


Debates :

PV 28/04/2016 - 3
CRE 28/04/2016 - 3

Votes :

PV 28/04/2016 - 4.9
Explanations of votes

Texts adopted :


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PE 575.332v02-00 A8-0056/2016

on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on railway safety (recast)

(10580/1/2015 – C8‑0417/2015 – 2013/0016(COD))

Committee on Transport and Tourism

Rapporteur: Michael Cramer



on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on railway safety (recast)

(10580/1/2015 C8‑0417/2015 2013/0016(COD))

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (10580/1/2015 – C8-0417/2015),

–  having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Lithuanian Parliament, the Romanian Senate and the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to the opinion of the European Economic and Social Committee of 11 July 2013(1),

–  having regard to the opinion of the Committee of the Regions of 8 October 2013(2),

–  having regard to its position at first reading(3) on the Commission proposal to Parliament and the Council (COM(2013)0031),

–  having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 76 of its Rules of Procedure,

-  having regard to the recommendation for second reading of the Committee on Transport and Tourism (A8-0056/2016),

1.  Approves the Council position at first reading;

2.  Takes note of the Commission statement annexed to this resolution;

3.  Notes that the act is adopted in accordance with the Council position;

4.  Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

5.  Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication, together with the Commission statement thereon, in the Official Journal of the European Union;

6.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.


Statement by the Commission on explanatory documents

The Commission recalls that the European Parliament, the Council and the Commission acknowledged in their Joint Political Declaration of 27 October 2011 on explanatory documents that the information Member States supply to the Commission as regards the transposition of directives in national law 'must be clear and precise' in order to facilitate the achievement by the Commission of its task overseeing the application of Union law. In the present case, explanatory documents could have been useful to this end. The Commission regrets that the final text does not contain provisions to this effect.


Legal framework for rail safety:

In order to pursue efforts to establish a single market for rail transport services, it is necessary to establish a common regulatory framework for railway safety. Member States have developed their safety rules and standards mainly on national lines, based on national technical and operational concepts. Simultaneously, differences in principles, approach and culture have made it difficult to break through the technical barriers and establish international transport operations.

Directive 2004/49/EC on Safety on the Community’s railways represented a great improvement towards establishment of a common regulatory framework for railway safety. The Directive established a framework for harmonising the content of safety rules, safety certification of railway undertakings, the tasks and roles of the safety authorities and the investigation of accidents, to discourage Member States from continuing to develop on national lines their safety rules and standards based on national technical and operational concepts. However, safety certification remained to be done at national level. Single EU safety certificate development and implementation has always been a long term objective.

Main objective of the Commission proposal to revise Directive 2004/49/EC was migration towards a single Union safety certificate replacing the current two part system (Part A/B).

Main achievements of the European parliament:

The European Railway Agency (ERA) will play a key role in issuing safety certificates for railway undertakings. The ERA will be competent to issue safety certificates for railway undertakings operating in more than one Member State. Railway undertaking operating within one Member State can choose to be certified either by the ERA or a national safety authority.

Improved safety culture and occurrence reporting in railway undertakings and infrastructure managers. This will encourage staff to report occurrences under conditions of confidentiality and enable railway industry to learn lessons and to improve the work practices. Moreover, there will be training programmes for staff, including arrangements on the physical and psychological fitness.

Member States will be obliged to monitor compliance of train drivers with rules on working, driving and rest periods.

The ERA may establish a tool for exchange of information on safety risks among relevant actors. This will further facilitate cross-border exchange of information in case there is a safety risk, e.g. if the same type of rolling stock is used in more than one Member State.

Better information policy towards relatives of victims and improved coordination of emergency services.

The ERA will provide to investigative bodies with technical assistance and secretariat for cooperation of investigating bodies. Investigating bodies would do "peer reviews" with the aim to monitor their effectiveness and independence. However, since ERA issues authorisations, it can't be directly involved in investigation due to potential conflicts of interest."


Following the adoption of Parliament's first reading position on 26 February 2014 and TRAN Committee decision to open negotiations on 13 October 2014, informal negotiations with view to reaching an early second reading agreement took place under Italian and Latvian Presidency in the Council. Parliament’s and Council’s negotiating teams reached an agreement on the file on 17 June 2015. The outcome text of negotiations was approved by the Committee on Transport and Tourism on 10 November 2015. On the basis of the Committee’s approval, in his letter to the Chair of the Committee of Permanent Representatives, the Chair of the Committee undertook on to recommend to the plenary to approve Council’s position at first reading without amendments. Following legal-linguistic verification, Council adopted its first reading position confirming the agreement on 10 December 2015.


As Council’s first reading position is in conformity with the agreement reached in the trilogues the Committee on Transport and Tourism recommends endorsing without amendment the Council's position at the first reading.



Railway safety (recast)


10580/1/2015 – C8-0417/2015 – 2013/0016(COD)

Date of Parliament’s first reading – P number

26.2.2014                     T7-0150/2014

Commission proposal

COM(2013)0031 - C7-0028/2013

Receipt of Council position at first reading announced in plenary


Committee responsible

       Date announced in plenary







       Date appointed

Michael Cramer





Discussed in committee





Date adopted





Result of final vote







Members present for the final vote

Lucy Anderson, Inés Ayala Sender, Georges Bach, Izaskun Bilbao Barandica, Deirdre Clune, Michael Cramer, Luis de Grandes Pascual, Andor Deli, Karima Delli, Isabella De Monte, Ismail Ertug, Jacqueline Foster, Dieter-Lebrecht Koch, Stelios Kouloglou, Merja Kyllönen, Miltiadis Kyrkos, Peter Lundgren, Marian-Jean Marinescu, Georg Mayer, Gesine Meissner, Cláudia Monteiro de Aguiar, Jens Nilsson, Markus Pieper, Salvatore Domenico Pogliese, Tomasz Piotr Poręba, Gabriele Preuß, Dominique Riquet, Massimiliano Salini, David-Maria Sassoli, Claudia Schmidt, Jill Seymour, Keith Taylor, Pavel Telička, Peter van Dalen, Wim van de Camp, Kosma Złotowski, Elżbieta Katarzyna Łukacijewska

Substitutes present for the final vote

Francisco Assis, Rosa D’Amato, Karoline Graswander-Hainz, Werner Kuhn, Franck Proust

Substitutes under Rule 200(2) present for the final vote

Mylène Troszczynski

Date tabled



  OJ C 327, 12.11.2013, p. 122.


  OJ C 356, 5.12.2013, p. 92.


  Texts adopted, P7_TA(2014)0150.

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