Identification of NSRs and use of the Rule - ERA

Identification of NSRs and use of
the Rule Management Tool (RMT)
Workshop on NSRs – rail TDG
Valenciennes, 6-7 March 2014
Natalja SKACENKO, Safety Unit
Rule Management Tool
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Content
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Purpose and use
Content and structure
Link with the NSR TF Report
Application in case of TDG rules
TDG examples
Development and feedback
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Purpose
Everyone is analysing same questions;
systematic work with NSR is required
and there is some other work, too…
Lots of requirements and reflections :
• National,
• EU,
• International,
• Company rules…
Which are NSRs?
And which ones are good NSRs?
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Purpose (2)
NSR Task Force proposed
a simple logical solution
Rule Management Tool
Result of the analysis of:
• NSR definition and purpose in RSD
• NSR types in RSD Annex II
• Adopted common EU rules
• Notified NSR
• Scope of linked rules (NTR, TDG)
• FAQs
Useful check-list for any party
Transparent basis for consistent decisions
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Content
› NSR topics already covered by EU legislation
› References to related EU legislation
› Scope for remaining NSR
› Complete list; status October 2012
› Objective for NSR-related activities
› Identified and potential overlaps of rules
› Frequent examples of rules that are not NSR
› Rules wrongly classified as NSR in the past, e.g. transposition
› Other rules, e.g. NTR and product rules
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Intended use
Check rules status with RMT:
Take related decisions:
Rule cleaning & transition
Is that (draft) rule NSR?
Need for rule revision
Room for rule drafting:
Is it allowed under EU law?
If yes, for what scope?
If not, what EU law applies?
If not NSR – what is it?
None, EU, national?
Status of non-NSR
Clarification of publications
Need for notification
Which procedure(s)?
Evaluation by EC/ERA
Comments/complaints
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Intended use (2)
RMT is the first filter for rules:
• Indicates room for rules
• Focuses the analysis of EU and national law
• Suggests conclusions and actions
Final decision on rules and actions shall also consider
general principles and procedures
described in the Final Report of the NSR Task Force
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Focus in the Final Report
Before deciding
› On keeping, revising or introducing an NSR
› On a moment for that
Consider especially:
3.1.1.1.
3.1.1.2.
3.1.1.3-5.
3.1.2.2.
3.1.2.3.
Annex 7, I.3.
Annex 7, I.10.
NSR definition, status and scope
Overview of remaining NSR per RSD type
Overlaps NSR-NTR-TDG-other
Rule reduction-revision-life cycle and conditions
Good practice with urgent rules
Which NSR should be notified in draft?
Arbitrary discrimination and disguised restriction
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NSR definition, status and rationale
› Rules for RUs, including their interfaces with IMs
› Rules issued by any competent party
When MS gives them legal status and binding character for RUs
› Rules for the whole railway system in MS or on some parts
Within the scope of RSD transposition into national law
› Rules containing railway-specific safety requirements:
› Limited to exceptions allowed by common EU rules, e.g.
Open points & specific cases in TSIs
Confirmed deficiencies in EU legislation
› Not more prescriptive than necessary to meet the safety objective
Not NSR:
› Measures implementing EU law and EU agreements
› RMT provides other examples of non-NSR
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What NSR for TDG may remain
These NSR may remain until covered by EU legislation
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Operating NSR allowed by TDG Directive and RID and OPE TSI
Signalling rules for Class B systems
NSR covered by transitional provisions in EU legislation
Existing risk acceptance criteria (new criteria not allowed)
Existing criteria for significant change (new criteria not allowed)
These rules
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Remain in force until allowed/replaced by EU law
Can be simplified in line with EU law
Cannot be changed contrarily to EU law
Other NSR shall be reduced progressively, asap
Introduction of new rules shall be kept to a minimum
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Structure
RMT has 3 parts:
1. Comprehensive scope for remaining NSR
2. Frequent examples of NTR and product rules
3. Frequent examples of other rules
Examples of TDG rules are found in all parts,
including overlaps with NSR
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Structure (2)
Each part has 7 columns:
1. Numbering
Useful reference for NSR notifications (principal content)
Helpful for NSR evaluation and search
2. Indication whether a rule is NSR or other kind
3. Task / responsibility / parameter
4. Requirements covered by common rules
5. Indication if there is no more room for NSR
6. Indication of allowed remaining NSR
Please check the need for revision in line with EU law
7. Comments
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Tip for TDG
Legal text is often complex
 Includes several rules
 Several RMT lines co-apply, even in the
same type / part
For TDG-NSR:
 First check most relevant TDG line(s) in RMT
 Withdraw/reduce rule if no room for NSR
 If there is a room for a NSR, check if any
limitations are found in the non-TDG lines
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Let’s explore
Rule Management Tool v.1.0
Annex 3 of the Final Report of the NSR TF
134 topics, including 29 TDG
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Example of TDG provision
In this example some room for NSR is allowed under TDG law
It needs to be further checked against non-TDG examples in RMT
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Example of TDG provision (2)
For example, related provisions could be:
No room for NSR in these areas, unless authorised through TSI
deficiency procedure and RSD procedure for draft NSR
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TDG rules in RMT
Case 1 – TDG rule that is not NSR or NTR
For example: RMT No 20, 65, 110, 117, 118, 119, 121, 123-124 & 126
Case 2 – TDG rule that is or may be NSR or NTR
For example: RMT No 45, 48, 49, 111 and 127
Case 3 – no room for NSR/NTR and TDG rules
For example: RMT No 66, 67 and 72
Case 4 – limited room for TDG that is or may be NSR or NTR
For example: RMT No 44, 46-47, 50-51, 99, 125 and 128-131
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Main scenarios with TDG
Case 1 – TDG rule that is not NSR or NTR
No notification as NSR or NTR
Case 2 – TDG rule that is or may be NSR or NTR
Notify as NSR or NTR
Ensure compliance with EU law on railway safety and interoperability
Case 3 – no room for NSR/NTR and TDG rules
Withdraw any national rule
Case 4 – limited room for TDG that is or may be NSR or NTR
Respected limitation → act as in 2; otherwise withdraw the rule
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Development
› Current status – summary of legal obligations
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Objectives 2014:
Launch WP
Prepare an update
Take into account changes and developments in EU
Analyse new questions – your feedback welcome!
Verify user-friendliness
Recommendation for a EC Decision – binding status
› Objectives 2015:
› Reflect on wider use of the tool
› Plan integration into Notif-IT
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Making the railway system work better for society.
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