Decree No. 20 / 2022 Coll.
Decree amending Decree No. 376 / 2006 Coll., on the Railway Safety and Railway Transport System and the procedures for the occurrence of accidents on rails, as amended
Valid
Order
Effective from 01.02.2022
Text versions:
01.02.2022
28.01.2022
20
DECLARATION
of 24 January 2022
amending Decree No. 376 / 2006 Coll., on a safety system for rail and rail traffic operations and procedures for the occurrence of rail accidents, as amended
The Ministry of Transport provides, pursuant to Section 66 (1) of Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 23 / 2000 Coll., Act No. 103 / 2004 Coll., Act No. 181 / 2006 Coll., Act No. 191 / 2006 Coll., Act No. 194 / 2010 Coll., Act No. 134 / 2011 Coll., Act No. 64 / 2014 Coll., Act No. 319 / 2016 Coll., Act No. 367 / 2019 Coll. and Act No. 426 / 2021 Coll. ("Act ') for the implementation of § 19 (7), § 22 (5), § 35 (4), § 53b (7), § 53e (6) and § 55 (8):
Decree No. 376 / 2006 Coll., on the System of Safety of the Operation of Railways and Railway Transport and the Procedures for Emergency Events on Railways, as amended by Decree No. 248 / 2010 Coll., Decree No. 183 / 2015 Coll. and Decree No. 77 / 2017 Coll., are amended as follows:
1. In the title of the decree, the word "system 'is replaced by the word" collateral'.
2. the introductory phrase shall be:
"The Ministry of Transport provides, pursuant to § 66 paragraphs 1 and 4 of Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 23 / 2000 Coll., Act No. 77 / 2002 Coll., Act No. 103 / 2004 Coll., Act No. 181 / 2006 Coll., Act No. 194 / 2010 Coll., Act No. 134 / 2011 Coll., Act No. 64 / 2014 Coll., Act No. 319 / 2016 Coll., Act No. 367 / 2019 Coll., and Act No. 426 / 2021 Coll., (" Act No. 55, paragraph 8 and § 66 paragraph 4 of the Act: "
3. Paragraph 1, including the title and footnote 1, reads as follows:
Subject matter
This decree implements the relevant provisions of the European Union1) and provides for
(a) a model certificate from a national or regional railway operator;
(b) the content of the annual railway safety report and the annual safety report of the railway transport operation;
(c) the content of the annual activity report of the Dresden Office;
(d) model of the DCI card;
(e) the procedure for the occurrence and on-the-spot action, the competence to identify their causes and circumstances and measures to prevent incidents;
(f) details of the report on the initiation of the emergency investigation and final reports on the results of the emergency investigation.
(1) Directive (EU) 2016 / 798 of the European Parliament and of the Council of 11 May 2016 on railway safety. ';
(4) footnotes 2, 3 and 10 are deleted.
5. Article 2 shall be deleted, including the title.
6.
Model railway operator certificate national or regional
A model certificate from a national or regional railway operator is given in Annex 3 to this Decree. ';
7. in Article 4 (1) (a), the words "the results of the implementation of the arrangements for the continuous improvement of the railway safety management system" shall be replaced by the words "information on the implementation of the plan of measures to ensure the safety of the operation of the national or regional rail and runway on these runways."
8. In Article 4, at the end of paragraph 1, the dot is replaced by a comma and the following point (e) is added:
"(e) a report on the application of the relevant common safety methods (14).
14) Commission Implementing Regulation (EU) No 402 / 2013 of 30 April 2013 on the common safety method for risk assessment and assessment and repealing Regulation (EC) No 352 / 2009, as amended. Commission Delegated Regulation (EU) 2018 / 762 of 8 March 2018 laying down common safety methods with regard to safety management system requirements pursuant to Directive (EU) 2016 / 798 of the European Parliament and of the Council and repealing Commission Regulations (EU) No 1158 / 2010 and (EU) No 1169 / 2010, as amended. Commission Regulation (EU) No 1078 / 2012 of 16 November 2012 on the common safety monitoring method to be used by railway undertakings, infrastructure managers after obtaining a safety certificate or safety approval and the entities responsible for maintenance. ';
9. In Paragraph 4 (2) of the Introductory Part of the provision, the words "operating security 'are replaced by the words" safety management'.
10. in Article 4 (2) (a), the words "the results of the implementation of measures for the continuous improvement of the railway safety management system" shall be replaced by the words "information on the implementation of the plan of measures to ensure the safety of the operation of the national or regional rail and runway services on these railways."
11. in Article 4 (2) (c), the word "operation" shall be deleted;
12. In Article 4, at the end of paragraph 2, the dot is replaced by a comma and the following point (e) is added:
"(e) a report on the application of the relevant common safety methods (14)."
Article 13 (5) shall be deleted, including the title.
14. in Article 6 (c) and in the introductory part of Annex 3, the words "the safety of the railway operator" are replaced by the words "the national or regional railway operator."
15. in Article 6, at the end of point (d), the dot is replaced by a comma and the following point (e) is added:
"(e) experience of carriers and railway operators applying the relevant common safety methods (14)."
16. In the heading of Section 11, "6 'is replaced by" 7'.
17. In Section 11 of the introductory part of the provision, the words "European Railway Agency 'are replaced by the words" European Union Railway Agency'.
18. in Article 11 (d), the words "European Railway Agency" shall be replaced by the words "European Union Railway Agency";
19. In Article 12, the words "Annex 6 to the Ordinance 'are replaced by the words" a directly applicable European Union act governing the reporting of emergency investigations (15)'.
Footnote 15:
15) Commission Implementing Regulation (EU) 2020 / 572 of 24 April 2020 on the reporting system to be followed for the purposes of the reports on rail accidents and incidents investigation. ';
20. In footnote 13, the sentence "Decree No. 317 / 2002 Coll., on the type-approval of packaging sets for the transport, storage and storage of nuclear materials and radioactive substances, on the type-approval of sources of ionising radiation and on the transport of nuclear materials and designated radioactive substances (on type-approval and transport) 'and" Decree No. 318 / 2002 Coll., on details to ensure emergency preparedness of nuclear installations and sites with sources of ionising radiation and on the requirements for the content of the internal emergency plan and emergency order, as amended.';
21. Annexes 1, 2 and 6 are deleted.
22. In the heading of Annex 3, the words "safety 'are deleted.
23. In Annex 3, point 2:
'2. Name of the runway operated:
2.1. Details of the runway operated:
2.2. Conditions to ensure safe construction, upgrading, maintenance and repair of the runway: '.
24. In Annex 3, point 5, including footnote 16, reads:
"5. The certificate confirms that the railway operator has established a railway safety management system in accordance with a directly applicable European Union regulation on common safety methods concerning safety management system requirements 16) and took measures to comply with it.
16) Commission Delegated Regulation (EU) 2018 / 762 of 8 March 2018 laying down common safety methods with regard to safety management system requirements under Directive (EU) 2016 / 798 of the European Parliament and of the Council and repealing Commission Regulations (EU) No 1158 / 2010 and (EU) No 1169 / 2010, as amended. ';
25. In Annex 3, point 8 reads:
'8.
8.1. Description of the railway safety management system in accordance with the directly applicable European Union regulation on common safety methods concerning safety management system requirements 16).
8.2. Description of the arrangements for compliance with the railway safety management system under the directly applicable European Union Regulation on common safety methods concerning safety management system requirements 16). "
Efficacy
This decree shall take effect on 1 February 2022.
Minister:
Kupka v. r.
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Regulation Information
| Citation | Decree No. 20 / 2022 Coll., amending Decree No. 376 / 2006 Coll., on the Railway Safety System and Railway Transport and the procedures for the occurrence of rail accidents, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.01.2022 |
|---|---|
| Effective from | 01.02.2022 |
| Effective until | - |
| Status | Valid |
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