Date: 2021-08-16Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Decision (EU) 2021/1361 of 30 June 2021 authorising Greece to apply an extension of a period specified in Article 10 of Regulation (EU) 2021/267 of the European Parliament and of the Council (notified under document C(2021) 4650) (Only the English text is authentic)
Issued by European Commission
· Directorate-General for Mobility and Transport
Executive Summary:
This Commission Decision EU 2021/1361 authorises Greece to extend by one month the period specified in Article 10 of Regulation EU 2021/267, concerning the renewal of safety certificates that expired or would expire between 1 September 2020 and 30 June 2021. This extension is granted due to COVID-19 related difficulties in Greece. The decision was made on June 30, 2021, and is addressed to the Hellenic Republic.
Key Points / Main Content:
Extension Authorisation:
* Greece is authorised to extend by one month the period between 1 September 2020 and 30 June 2021, as specified in Article 101 of Regulation EU 2021/267, for the renewal of safety certificates.
Justification for Extension:
* The extension is due to measures taken by Greece to prevent or contain the spread of COVID-19, which have made the renewal of safety certificates impracticable beyond 30 June 2021.
* Mandatory teleworking and other COVID-19 measures have caused difficulties and delays for the Greek competent safety certification body (Railway Regulatory Authority RAS), including restricted access to files and extended administrative examination times.
* COVID-19 measures have also made it difficult to conduct necessary on-site inspections for safety certificate renewals.
Safety Considerations:
* The requested one-month extension is deemed limited and necessary to allow the safety certification body to complete administrative formalities.
* Recent safety reports indicate no incidents (apart from a 2019 suicide attempt) and no risk issues or noncompliance cases since the safety certificate was issued.
* The extension is not expected to lead to disproportionate risks in terms of transport safety and security.
Addressee:
* This decision is addressed to the Hellenic Republic.
Impact Analysis:
Hellenic Republic (Greece):
* Impact: Greece is permitted to extend the deadline for safety certificate renewals, providing additional time for its Railway Regulatory Authority (RAS) to process renewals affected by COVID-19 restrictions.
* Action Required: Implement the one-month extension for safety certificate renewals according to Article 1 of the decision.
Greek Railway Regulatory Authority (RAS):
* Impact: The RAS is granted additional time to process safety certificate renewals that have been delayed due to COVID-19 related measures.
* Action Required: Utilize the additional time to carry out necessary administrative formalities and on-site inspections for safety certificate renewals.
Railway Undertakings in Greece:
* Impact: Railway undertakings benefit from the extended deadline for safety certificate renewals, ensuring continued operation without interruption due to administrative delays.
* Action Required: Continue to cooperate with the RAS in providing necessary information and facilitating inspections for safety certificate renewals.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Regulation EU 2021/267: A regulation of the European Parliament and of the Council laying down specific and temporary measures in view of the persistence of the COVID-19 crisis.
Greece: A country in Southeastern Europe, officially the Hellenic Republic, authorized to apply an extension of a period specified in Article 10 of Regulation EU 2021/267.
COVID-19: An infectious disease caused by the SARS-CoV-2 virus, which led to specific and temporary measures as outlined in Regulation EU 2021/267.
Directive 2004/49/EC: A directive of the European Parliament and of the Council on safety on the Community's railways.
Railway Regulatory Authority RAS: The Greek competent safety certification body, whose tasks are exercised by the Railway Regulatory Authority.
Brussels: The de facto capital city of the European Union, where the Commission Decision was made.
16.8.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 293/17
COMMISSION DECISION (EU) 2021/1361
of 30 June 2021
authorising Greece to apply an extension of a period specified in Article 10 of Regulation (EU)
2021/267 of the European Parliament and of the Council
(notified under document C(2021) 4650)
(Only the English text is authentic)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2021/267 of the European Parliament and of the Council of 16 February 2021 laying
down specific and temporary measures in view of the persistence of the COVID-19 crisis concerning the renewal or
extension of certain certificates, licences and authorisations, the postponement of certain periodic checks and periodic
training in certain areas of transport legislation and the extension of certain periods referred to in Regulation (EU)
2020/698(1), and in particular Article 10(4) thereof,
Whereas:
(1) Article 10(1) of Regulation (EU) 2021/267 extends the time limits for the renewal of the safety certificates referred to
in Article 10(5) of Directive 2004/49/EC(2), which would otherwise have expired or would otherwise expire
between 1 September 2020and 30 June 2021.
(2) By letter dated 26 May 2021, Greece submitted a reasoned request for an authorisation to apply an extension of one
month of the period between 1 September 2020 and 30 June 2021 specified in Article 10(1) of Regulation (EU)
2021/267. Greece provided additional information in support of its request on 8and 17 June 2021.
(3) According to the information provided by Greece, the renewal of the safety certificates referred to in Article 10(5) of
Directive 2004/49/EC is likely to remain impracticable beyond 30 June 2021due to measures that it has taken to
prevent or contain the spread of COVID-19.
(4) Among these measures, since 7 November 2020, Greece has imposed the mandatory teleworking of staff up to a
minimum of 50 %, measures on protection of vulnerable groups, and the obligation to isolate for persons that were
ill or had contacts with confirmed COVID-19 cases.
(5) According to Greece, these measures have caused several difficulties and delays, in particular, to the Greek competent
safety certification body, whose tasks are exercised by the Railway Regulatory Authority (‘RAS’). This administrative
authority, which according to Greece, was already understaffed by the effect of recruitment measures, became
significantly burdened by the national measures on mandatory teleworking, which had the effect of restricting the
access of its personnel to relevant administrative files, and of extending the time of administrative examinations of
relevant cases.
(6) In addition, in order to proceed with the renewal of a single safety certificate, procedures such as in-site inspections
need to be carried out by the safety certification body, in order to ensure the effectiveness of the procedures
proposed by the railway undertaking, and that the modifications suggested to those railway undertakings are
assessed. The abovementioned measures destined to contain the spread of COVID-19 make the completion of those
in-site inspections difficult.
(1) OJ L 60, 22.2.2021, p. 1.
(2) Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and
amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway
infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive)
(OJ L 164, 30.4.2004, p. 44).L 293/18 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 16.8.2021
(7) Moreover, the request for the renewal of one specific safety certificate, which is currently under analysis by the safety
certification body, was submitted shortly before its expiration date. According to Greece, while the competent
certification body has made every effort to meet its obligations within the applicable deadlines, it is not possible for
that authority to carry out the necessary procedures for the renewal of the safety certificate before its expiration date,
taking into account the abovementioned difficulties caused by the measures adopted to contain the spread of
COVID-19.
(8) The period of one month for the requested extension is limited to what is necessary to allow the safety certification
body to carry out the necessary administrative formalities for the renewal of the safety certificate in question.
(9) According to the information provided by Greece, the most recent safety reports of the railway undertaking that
applied for the renewal of the referred safety certificate show that there is no incident recorded for the part of the
railway infrastructure section in which that undertaking operates, apart from a suicide attempt that took place
in 2019. Moreover, no risk issues or cases of non-compliance have been observed by the safety certification body in
the inspections and monitoring activities carried out since the safety certificate was issued. For these reasons, and
given that the extension required by Greece is of only one month of the period between 1 September 2020 and
30 June 2021 set out in Article 10(1) of Regulation (EU) 2021/267, the requested extension should not lead to
disproportionate risks in terms of transport safety and security.
(10) Greece should therefore be authorised to apply an extension of one month of the period between 1 September 2020
and 30 June 2021specified in Article 10(1) of Regulation (EU) 2021/267.
(11) Greece has agreed that this Decision be adopted and notified in English,
HAS ADOPTED THIS DECISION:
Article 1
Greece is authorised to apply an extension of one month of the period between 1 September 2020 and 30 June 2021
specified in Article 10(1) of Regulation (EU) 2021/267.
Article 2
This Decision is addressed to the Hellenic Republic.
Done at Brussels, 30 June 2021.
For the Commission
Adina-Ioana VĂLEAN
Member of the Commission