Subject-matter and scope
1. This Regulation establishes a European Union Agency for Railways (‘the Agency’).
2. This Regulation provides for:
(a)
the establishment and tasks of the Agency;
(b)
the tasks of the Member States in the context of this Regulation.
3. This Regulation supports the establishment of the single European railway area, and in particular the objectives relating to:
(a)
interoperability within the Union rail system provided for in Directive (EU) 2016/797;
(b)
safety of the Union rail system provided for in Directive (EU) 2016/798;
(c)
the certification of train drivers provided for in Directive 2007/59/EC of the European Parliament and of the Council ( 14 ) .
Objectives of the Agency
The objective of the Agency shall be to contribute to the further development and effective functioning of a single European railway area without frontiers, by guaranteeing a high level of railway safety and interoperability, while improving the competitive position of the railway sector. In particular, the Agency shall contribute, on technical matters, to the implementation of Union legislation by developing a common approach to safety on the Union rail system and by enhancing the level of interoperability on the Union rail system.
Further objectives of the Agency shall be to follow the development of national railway rules in order to support the performance of national authorities acting in the fields of railway safety and interoperability and to promote the optimisation of procedures.
Where provided for by Directive (EU) 2016/797 and Directive (EU) 2016/798, the Agency shall perform the role of Union authority responsible for issuing authorisations for the placing on the market of railway vehicles and vehicle types and for issuing single safety certificates for railway undertakings.
In pursuing those objectives, the Agency shall take full account of the process of enlargement of the Union and of the specific constraints relating to rail links with third countries.
Legal status
1. The Agency shall be a body of the Union with legal personality.
2. In each of the Member States, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings.
3. The Agency shall be represented by its Executive Director.
4. The Agency shall have sole responsibility for the functions and powers assigned to it.
Type of acts of the Agency
The Agency may:
(a)
address recommendations to the Commission concerning the application of Articles 13, 15, 17, 19, 35, 36 and 37;
(b)
address recommendations to Member States concerning the application of Article 34;
(c)
issue opinions to the Commission pursuant to Article 10(2) and Article 42, and to the authorities concerned in the Member States pursuant to Articles 10, 25 and 26;
(d)
address recommendations to national safety authorities pursuant to Article 33(4);
(e)
issue decisions pursuant to Articles 14, 20, 21 and 22;
(f)
issue opinions constituting acceptable means of compliance pursuant to Article 19;
(g)
issue technical documents pursuant to Article 19;
(h)
issue audit reports pursuant to Articles 33 and 34;
(i)
issue guidelines and other non-binding documents facilitating application of railway safety and interoperability legislation pursuant to Articles 13, 19, 28, 32, 33 and 37.
