Sch 11 para 12
(1) The fourth assessment step must verify whether the number of significant accidents per train-km, with respect to the previous years, remained stable or decreased. The criteria for this appraisal are whether there has been a statistically significant increase in the number of relevant significant accidents per train-km. This must be evaluated by using an upper Poisson tolerance bound which will determine the acceptable variability based on the number of accidents that occurred in the member States of the European Union. (2) If the number of significant accidents per train-km does not exceed the abovementioned tolerance bound, it is assumed that there has not been a statistically significant increase, and the outcome of this assessment step must be classified as passed. (3) Depending on the risk category to which the different NRVs under assessment of achievement refer, the significant accidents to be considered for carrying out this assessment step are as follows— (a) risks to passengers: all relevant significant accidents; (b) risks to staff or employees, including the staff of contractors: all relevant significant accidents; (c) risks to level crossing users: all relevant significant accidents included in the risk category of level crossing accidents; (d) risks to unauthorised persons on railway premises: all relevant significant accidents included in the risk category of accidents to persons caused by rolling stock in motion; (e) risks to others: all relevant significant accidents; (f) risk to society as a whole: all significant accidents.