Commission Decision (2019)6855 of 4.10.2019 on procedures for dealing with professional incompetence shall apply by analogy although it is not applicable to temporary and contract staff.

This decision was adopted by written procedure.

In application of Article 110(2) of the Staff Regulations, Commission Decision C(2020)1559 of 16 March 2020 amending Decision C(2013) 9051 of 16 December 2013 shall apply by analogy to the Agencies either nine months after the date of this notification, or by decision of the Management Board at an earlier date. Commission Decision C(2013) 9051 on leave already applies by analogy to the Agency since the Decision of the Executive Director ERA-ED-DEC-730-20l3 of 20 December 2013 “on the adoption of implementing rules to the staff regulations”.

This decision was adopted by written procedure. 

Due to a clerical error, a correction has been made to the establishment plan for the year 2019 as well as the draft establishment plan for the year 2020 concerning the totals for AD and AST in order to increase the number of AD posts from 111 to 113 and reduce the number of AST posts from 35 to 37.

This decision was adopted by written procedure.

In the Single Programming Document approved by the Management Board with the MB Decision No 215, the Agency had set a target of 6 training sessions for delivering training on SMS, Safety Culture, Safety Leadership and HOF. In light of the restrictions imposed by the Member States because of COVID-19, the 6 training sessions were reduced to 4 with the MB Decision No 233. However, as Europe is re-opening faster than anticipated, so are the possibilities and opportunities. The Board approved re-instating the original target of 6 in order for the Agency to be able to deliver the requested training and recover the costs under Article 43.

This decision was adopted by written procedure.

MB Decision n°194 (as amended by MB Decision n°219) currently establishes procedures for decision-making by the Executive Director in relation to authorisations for placing vehicles on the market, single safety certificates, and ERTMS track-side approvals.   The Management Board updated the decision to include:

• Possibility to delegate Executive Director’s decisions requesting an applicant to submit an application for authorisation in case of a wrong categorisation or insufficiently substantiated information in accordance with Article 16(4) of Commission Implementing Regulation (EU) 2018/545 of 4 April 2018 establishing practical arrangements for the railway vehicle authorisation and railway vehicle type authorisation process pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council (hereinafter referred to as “Regulation (EU) 2018/545”);
• Possibility to delegate Executive Director’s opinions with regard to pre-engagement baselines to be issued in accordance with Article 24(2) of Regulation (EU) 2018/545.

This decision was adopted in meeting 53 on 17 June 2020.

The Management Board amended the SPD 2020 in light of the impact of COVID-19 on the activities and the resources as well as the procurement plan.

This decision was adopted in meeting 53 on 17 June 2020.

The Management Board amended the SPD 2020 in light of the impact of COVID-19 on the activities and the resources as well as the procurement plan.

This decision was adopted in meeting 53 on 17 June 2020.

The Management Board updated its Rules of Procedure which were originally established in 2014 and amended in 2016.

This decision was adopted in meeting 53 on 17 June 2020.

According to article 51 § 1 point (a) of the new Agency Regulation, an annual report for the previous year should be adopted by the Management Board and sent to the European Parliament, the Council, the Commission and the Court of Auditors by 1 July each year and made publicly available.

The main elements in the Consolidated Annual Activity Report for the year 2019 concern the provision of information on:

• An overall reporting of the Agency’s main activities, outputs and achievements in 2018
• Risk Management status
• Internal Control Standards Assessment
• Results of Audits of the European Court of Auditors and the Internal Audit Service
• Follow up of reservations and action plans for audits from previous years

This decision was adopted in meeting 53 on 17 June 2020.

The budget of ERA for the year 2019 was established in compliance with the principles of unity, budget accuracy, annuality, equilibrium, unit of account, universality, specification, sound financial management and transparency as set out in the ERA Financial Regulation.

The annual accounts 2019 of the Agency have been prepared in accordance with the Title IX of the Financial Regulation applicable to the general budget of the European Union and in accordance with the accounting rules, and the accounting principles and methods.

The Management Board gave a positive opinion considering that the ERA accounts, taken as a whole, and drawn up under the responsibility of the Agency’s Executive Director, reflect the implementation of the Agency’s 2019 budget and the activities undertaken by it during this year.

This decision was adopted in meeting 53 on 17 June 2020.

In anticipation of the re-entry of staff members to the Agency building in Valenciennes, the Agency has been preparing a plan to be put in place as soon as the lockdown is lifted, guaranteeing the safety and well-being of its staff.

This Decision was adopted by written procedure.

The Agency prepared its business continuity in light of the pandemic COVID-19 and sanitary crisis, and provided a back-up plan and delegation of powers in case there is an unexpected unavailability of the Executive Director who will have to be replaced by other Agency management staff.

This Decision was adopted by written procedure.

ERA adopted the original Commission Decision C(2004) 1318 of 7 April 2004 on the duties of Commission drivers by analogy. As this is an amendment of the original implementing rule, the Board consequently has to adopt this amendment as well.

This Decision was adopted by written procedure.

In its meetings of 4 June 2019 and 23 January 2020, the Board appointed one member and two alternates for the Executive Board.

This decision was adopted in meeting 52 on 23 January 2020.

This Decision appoints the Director for Land Transport, Directorate-General for Mobility and Transport, representative of the European Commission in the Management Board and Yrjö Mäkelä, Director, Finnish Transport and Communications Agency, as reporting officers for the annual appraisal exercises of the Agency’s Executive Director until the end of 2021.

This decision was adopted in meeting 52 on 23 January 2020.

This Decision refers to the annual Communication plan of the Agency which needs to be adopted by the Board. It provides an overview of (1) the major milestones for 2020, (2) the Communication events of the year, (3) Newsletter editions, and (4) Other publications.

This decision was adopted in meeting 52 on 23 January 2020.

This Decision provides a forecast of the expenditure and revenue for 2021. There is, however, not yet enough information in order to estimate the volume and complexity of the projects for vehicle authorisation, safety certification, which will continue to increase in 2021-2022. The Agency will be able to provide more accurate estimates for 2021 and amend the SPD draft accordingly before its adoption by the Management Board in November, based on the progress of work in the second half of 2020.

This decision was adopted in meeting 52 on 23 January 2020.

In order to take account of the developments in the case-law of the European UnionCourts and in the light of the experience acquired by the Investigation andDisciplinary Office of the Commission (IDOC) in the field of inquiries anddisciplinary proceedings, it is necessary to replace Commission Decision C(2004)15882which laid down general implementing provisions on the conduct ofadministrative inquiries and disciplinary procedures. Pursuant to Article 110(2) of the Staff Regulations, implementing rules shall apply by analogy to the Agency.

This Decision was adopted by written procedure.

The Commission Decision of 28 April 2004 on the maximum duration for the recourse to non-permanent staff in the Commission services C(2004)1597/62 needs to be adapted to the amendments brought about by the revision of the CEOS as of 1 January 2014, in particular in view of the amendments to Articles 2 and 88 CEOS. Pursuant to Article 110(2) of the Staff Regulations, implementing rules shall apply by analogy to the Agency.

This Decision was adopted by written procedure.

In order for the Executive Director to take decisions on Vehicle Authorisation, Single Safety Certificates, and ERTMS trackside deployment approvals in accordance with Articles 14, 20, 21 and 22 of Regulation (EU) 2016/796, and considering that the timeframe for the decisions would be quite tight and that the decisions will need to be taken quickly as well as recognising that in case of absences of the decision-maker, the delivery of approvals system should be able to function, the Board adopted rules on which such decisions should be taken in terms of business continuity, availability of expertise, and controls at the appropriate levels. In line with the establishment of the conformity to type

This decision was adopted in meeting 51 on 27 November 2019.

This Decision refers to the adoption of the budget 2019 and the establishment plan 2019, based on communication COM(2013)519 of 10/07/2013 on the programming of human and financial resources for decentralised agencies 2014-2020.

This decision was adopted in meeting 51 on 27 November 2019.

The Management Board amended the budget for 2019 in light of the transfers made beyond the 10 % for Title 2 and Title 3, and the additional subsidy of €530k received from the European Commission.

This decision was adopted in meeting 51 on 27 November 2019.

The Management Board adopted the transfers validated by the Executive Director as presented during the 50th Management meeting. The Management Board also agreed on the excess of the 10 % limit set for transfers from Title 3, bearing in mind that these transfers would not impact the Agency’s core activities.

This decision was adopted in meeting 51 on 27 November 2019.

This Decision refers to the adoption of the Single Programming Document 2020. The document takes the opinion of the European Commission into account, according to article 25.2 (c) of the Agency Regulation, as well as the outcomes of the consultation process in the course of 2019.

This decision was adopted in meeting 51 on 27 November 2019.

This Decision amends MB Decision n°161/2017 and defines a targeted scope for the NSA monitoring. As in 2019, the amendment was needed to ensure a balanced budget for SPD 2020.

This decision was adopted in meeting 51 on 27 November 2019.

This Decision provides the Agency with the possibility to recover costs when engaging at the request of the Commission, Member States, candidate countries or the networks, in training and other appropriate activities concerning the application and explanation of railway safety and interoperability legislation and related products of the Agency such as registers, implementation guides and recommendations (Art. 43 of the Agency Regulation). The amendment extends the adoption until 16 June 2021.

This decision was adopted in meeting 51 on 27 November 2019.

This Decision amends AB Decision n°22/2008 and covers the scope and rules for reimbursing experts participating to the Agency’s meetings. As in 2019, the amendment was needed to ensure a balanced budget for SPD 2020.

This decision was adopted in meeting 51 on 27 November 2019.

Based on the proposal from the European Commission taking into account the assessment of the performance of the Executive Director during the last 5 years, the Management Board extended the terms of office of Mr Josef Doppelbauer for five years, from 1 January 2020 to 31 December 2024.

This decision was adopted in meeting 51 on 27 November 2019.

The Management Board adopted the model decision attached to Decision C(2019) 3016 of 2.5.2019 on giving the Commission's ex ante agreement to the adoption by decentralised agencies and joint undertakings of the general provisions for implementing Article 79(2) of the Conditions of Employment of Other Servants of the European Union, governing the conditions of employment of contract staff employed under the terms of Article 3a of those Conditions of Employment.

This Decision was adopted by written procedure.

In order for the Executive Director to take decisions on VA, SSC, and ERTMS trackside deployment approvals in accordance with Articles 14, 20, 21 and 22 of Regulation (EU) 2016/796, and considering that the timeframe for the decisions would be tight and need to be taken quickly as well as recognizing that in case of absences of the decision maker, the delivery of approvals system should be able to function, the Management Board adopted adopted Decision n°194 in its meeting of 24 January 2019, putting in place a system of delegations of powers to ensure that the decisions are taken at the proper level, guaranteeing business continuity in his absence, and in line with the requirements of the applicable legislation. This Decision needed amendment in light of the Agency’s re-organisation.

This Decision was adopted in meeting 50 on 25 September 2019.

On 02.09.2019 the authorities in DG HR informed the Agency that the Management Board has to officially request the agreement from the relevant authorities in DG HR to

• derogate (i.e. introduce amendments from the original decision before formal adoption by the MB), and
• opt-out (i.e. non-application of the decision)

from the application by analogy of Commission Decisions.

Each time the Commission adopts Decisions from which the Agency needs to derogate/opt-out, the Agency’s Management Board shall delegate the power to request agreement from the authorities in DG HR to the Executive Director.

This Decision was adopted in meeting 50 on 25 September 2019.

The Agency was, at the end of 2018, mandated with the task of preparing the CSM on the assessment of Safety levels and Safety performance of railway operators at national and Union level, originally to be executed in 2020. However, after the train accident in Denmark, the EC requested an acceleration of this mandate. Consequently, the MB agreed that SPD 2019, adopted in November 2018 (Decision no. 186/2018), is amended to reflect this new task in Activity 1 (Objective 1.3), Activity 2 (Objective 2.1) and Activity 4 (Objective 4.4).

This Decision was adopted in meeting 50 on 25 September 2019.

On the basis of the new general Financial Regulation, the Commission Delegated Regulation(EU) 2019/715 of 18 December 2018 on the framework financial regulation (FFR) for the bodies set up under the TFEU and Euratom Treaty and referred to in Article 70, has been published in the Official Journal of the European Union (OJ EU) on 10 May 2019. Following the Article 114 of the FFR the text will enter into force on the day following that of its publication of the text in the OJ of the European Union, but it applies (retroactively) from 1 July 2019.

This Decision was adopted by written procedure.

According to article 51 § 1 point (a) of the new Agency Regulation, an annual report for the previous year should be adopted by the Management Board and sent to the European Parliament, the Council, the Commission and the Court of Auditors by 1 July each year and made publicly available.

The main elements in the Consolidated Annual Activity Report for the year 2018 concern the provision of information on:

• An overall reporting of the Agency’s main activities, outputs and achievements in 2018
• Risk Management status
• Internal Control Standards Assessment
• Results of Audits of the European Court of Auditors and the Internal Audit Service
• Follow up of reservations and action plans for audits from previous years

This Decision was adopted by written procedure.

The Management Board adopted the model decision attached to Decision C(2018) 2542 of 24.4.2018 on giving the Commission’s ex ante agreement to the adoption by decentralised agencies and joint undertakings of implementing rules on middle management staff.

This Decision was adopted by written procedure.

The Management Board adopted the model decision for decentralised agencies and joint undertakings on types of post and post titles attached to the Commission Decision C(2018) 8800 of 11.12.2018 on giving the Commission’s ex ante agreement to the adoption by decentralised agencies and joint undertakings of implementing rules on types of post and post titles, as adapted to ERA.

This Decision was adopted by written procedure.

The budget of ERA for the year 2018 was established in compliance with the principles of unity, budget accuracy, annuality, equilibrium, unit of account, universality, specification, sound financial management and transparency as set out in the ERA Financial Regulation.

The annual accounts 2018 of the Agency have been prepared in accordance with the Title IX of the Financial Regulation applicable to the general budget of the European Union and in accordance with the accounting rules, and the accounting principles and methods.

The Management Board gave a positive opinion considering that the ERA accounts, taken as a whole, and drawn up under the responsibility of the Agency’s Executive Director, reflect the implementation of the Agency’s 2018 budget and the activities undertaken by it during this year.

This Decision was adopted by written procedure.

The Terms of Reference for the Fourth Railway Package Readiness Assurance were adopted by the Management Board in its meeting of 26/09/2017; the scope was enlarged on 27/02/2018. The original deadline of the mandate of the Steering Group was set for June 2019. As the majority of Member States will transpose in 2020 and the real problems will only surface when the Agency will be operational, it is felt important to keep this Steering Group in place until at least the end of 2020.

This Decision was adopted in meeting 49 on 04 June 2019.

Following MB decision of 30 September 2014, the Agency’s Executive Director’s term finishes on 31 December 2019. Article 68(4) of Regulation (EU) 2016/796 envisages that the Management Board may extend this term of office for no more than 5 years.

In addition, Article 68(5) stipulates that “The Management Board shall inform the European Parliament of its intention to extend the Executive Director's term of office. Within 1 month before any such extension, the Executive Director may be invited to make a statement before the competent committee of the European Parliament and to answer questions put by its members.”

This Decision was adopted in meeting 49 on 04 June 2019.

The Framework for Good Administrative Behaviour of the European Union Agency for Railways has been adopted via Management Board Decision No 169. It included a Code of Conduct (structured on the backbone of the Code of Good Administrative Behaviour developed by the European Ombudsman[1]) and three annexes:

• Annex 1 (Framework on Impartiality and Independence);
• Annex 2 (Framework on gifts and hospitality);
• Annex 3 (Guidelines for staff on the use of Social Media).

The Code of Conduct has been revised to be adapted to the Agency’s new mandate, and its new structure and environment.

This Decision was adopted by written procedure.

SPD 2019 was adopted in November 2018 (Decision no. 186/2018). The amendment aims at completing and clarifying the procurement plan in Annex VIII in the following activities:

• Adding procurement “External Service Provision
• ERA Information System Development (ESP-EISD VI)”
• Adding procurement “Professional interpretation related services”
• Adding procurement “Media monitoring service for the Agency”
• Splitting the procurement procedure of "Communication services" into 3 parts
• Updating the recorded value for the ERTMS Conference from its net amount to the full amount (net amount plus fees to be recovered)

This Decision was adopted by written procedure.

The MB decided in its meeting of 31 January 2017 to appoint the Director for Land Transport, Directorate-General for Mobility and Transport, representative of the European Commission in the Management Board and Yrjö Mäkelä, Director, Finnish Transport and Communications Agency, as reporting officers for the annual appraisal exercises of the Agency’s Executive Director. Due a change in DG MOVE’s organisation, the Director for Land Transport is being replaced by the Director-General of DG MOVE.

This Decision was adopted by written procedure.

According to Articles 55 and 56 of Regulation (EU) 2016/796 (Agency Regulation) and Articles 1 and 2 of Commission Implementing Regulation (EU) 2018/867 of 13 June 2018 laying down the rules of procedure of the Board(s) of Appeal of the European Union Agency for Railways (BoA RoP), the MB should establish at least one Board of Appeal as permanent body and appoint its members/alternates and Chairperson.

In its 47th meeting on 28 November 2018, the Agency’s MB decided on the criteria for nominating Board of Appeal members and appointed representatives for assessing the list of qualified candidates (MB Decision nr 184). This task has been carried out and the names of the Chair, full-time members and alternates are being proposed in the draft decision.

This Decision was adopted by written procedure.

Following to the Agency reorganisation in summer 2018, the procedure, adopted by the Management Board in 2017 (Decision n°149), required an alignment to reflect responsibilities at present. In addition, in the context of the Agency’s ISO 9001 certification and continuous improvement, the procedure has been simplified in the approval step.

This Decision was adopted by written procedure.

In order for the Executive Director to take decisions on Vehicle Authorisation, Single Safety Certificates, and ERTMS trackside deployment approvals in accordance with Articles 14, 20, 21 and 22 of Regulation (EU) 2016/796, and considering that the timeframe for the decisions would be quite tight and that the decisions will need to be taken quickly as well as recognising that in case of absences of the decision-maker, the delivery of approvals system should be able to function, the Board adopted rules on which such decisions should be taken in terms of business continuity, availability of expertise, and controls at the appropriate levels.

This Decision was adopted in meeting 48 on 24 January 2019, and amended in meeting 50 on 25 September 2019.

This Decision refers to the annual Communication plan of the Agency which needs to be adopted by the Board. It provides an overview of (1) the major milestones for 2019, (2) the Communication events of the year, (3) Newsletter editions, and (4) Other publications.

This Decision was adopted in meeting 48 on 24 January 2019.

In its communication COM(2013)519 of 10/07/2013 on the programming of human and financial resources for decentralised agencies 2014-2020, the Commission foresaw for the ERA 2020 budget an EU contribution of 26,75 Mio€ with 148 TA and 36 CA.  This Decision provides a forecast of the expenditure and revenue for 2020. There is, however, not yet enough information in order to estimate the volume and complexity of the projects for vehicle authorisation, safety certification, which will arise in 2019-2020.  The Agency will be able to provide more accurate estimates for 2020 and amend the SPD draft accordingly before its adoption by the Management Board in November, based on the progress of work in the second half of 2019.

This Decision was adopted in meeting 48 on 24 January 2019.

In order to ensure consistency and alignment with the requirements of the updated internal control framework of the European Commission, the Agency revised its ERA management standards.  The decision was adopted by Written Procedure.

This Decision refers to the adoption of the budget 2019 and the establishment plan 2019, based on communication COM(2013)519 of 10/07/2013 on the programming of human and financial resources for decentralised agencies 2014-2020.

This Decision was adop ted in meeting 47 on 28 November 2018

[Amended by MB Dec n°217]

This Decision provides the Agency with the possibility to recover costs when engaging at the request of the Commission, Member States, candidate countries or the networks, in training and other appropriate activities concerning the application and explanation of railway safety and interoperability legislation and related products of the Agency such as registers, implementation guides and recommendations (Art. 43 of the Agency Regulation).

This Decision was adopted in meeting 47 on 28 November 2018

This Decision amends MB Decision n°161/2017 and defines a targeted scope for the NSA monitoring. The amendment was needed to ensure a balanced budget for SPD 2019.

This Decision was adopted in meeting 47 on 28 November 2018

This Decision amends AB Decision n°22/2008 and covers the scope and rules for reimbursing experts participating to the Agency’s meetings. The amendment was needed to ensure a balanced budget for SPD 2019.

This Decision was adopted in meeting 47 on 28 November 2018

This Decision refers to the adoption of the Single Programming Document 2019. The document takes the opinion of the European Commission into account, according to article 25.2 (c) of the Agency Regulation, as well as the outcomes of the consultation process in the course of 2018.

This Decision was adopted in meeting 47 on 28 November 2018

This Decision refers to the rules on the reimbursement of expenses for members of the Board of Appeals and other persons envisaged under the Board(s) of Appeal Rules of Procedure. The rules define the details and amounts of travel, accommodation and daily allowances reimbursements for the BoA members as well as those of other experts including their fees.

This Decision was adopted in meeting 47 on 28 November 2018

Prior to establishing the Board(s) of Appeal, the MB decided to firstly set the criteria on how potential candidates will be assessed. The MB also decided on a list of names of MB members who would assess all the candidates and propose the most suitable ones to the MB for adoption.

This Decision was adopted in meeting 47 on 28 November 2018

Adopted by Written Procedure - on 15 November 2018

Adopted by Written Procedure - on 15 October 2018

Adopted by Written Procedure - on 17 October 2018

Adopted by Written Procedure - on 18 August 2018

Adopted during meeting 46 on 26 June 2018

Adopted during meeting 46 on 26 June 2018

Adopted during meeting 46 on 26 June 2018

Adopted during meeting 46 on 26 June 2018

Adopted during meeting 46 on 26 June 2018

Adopted during meeting 46 on 26 June 2018

Adopted by Written Procedure - on 28 May 2018

Adopted by Written Procedure - on 04 April 2018

Adopted by Written Procedure - on 26 February 2018

Adopted by Written Procedure - on 13 February 2018

Adopted during meeting 45 on 25 January 2018

Adopted during meeting 45 on 25 January 2018

Adopted during meeting 45 on 25 January 2018

Adopted during meeting 45 on 25 January 2018

Adopted during meeting 45 on 25 January 2018

DECISION n°165 of the Management Board of the European Union Agency for Railways establishing a procedure for cooperation by the Agency and its staff with Member States judicial authorities in the context of judicial proceedings

Adopted during meeting 44 on 29 November 2017

Adopted during meeting 44 on 29 November 2017

Adopted during meeting 44 on 29 November 2017

Adopted during meeting 44 on 29 November 2017

Adopted by Written Procedure - on 22 November 2017

Adopted during meeting 43 on 26 September 2017

Adopted during meeting 43 on 26 September 2017

Adopted during meeting 43 on 26 September 2017

Adopted during meeting 43 on 26 September 2017

Adopted during meeting 43 on 26 September 2017

Adopted during meeting 42 on 27 June 2017

Adopted during meeting 42 on 27 June 2017

Adopted during meeting 42 on 27 June 2017

Adopted during meeting 42 on 27 June 2017

Adopted by Written Procedure - on 21 June 2017

Adopted by Written Procedure - on 03 April 2017

Adopted during meeting 41 on 31 January 2017

Adopted during meeting 41 on 31 January 2017

Adopted during meeting 41 on 31 January 2017

Adopted during meeting 41 on 31 January 2017

Adopted by written procedure - WP 03-2016

Adopted during meeting 40 on 29 November 2016

Adopted during meeting 40 on 29 November 2016

Adopted during meeting 40 on 29 November 2016

Adopted during meeting 40 on 29 November 2016

Adopted by Written Procedure - on 31 August 2016

Adopted by Written Procedure - on 31 August 2016

Adopted by Written Procedure - meeting 01-2016 on 09 July 2016

Adopted during meeting 39 on 23 June 2016

Adopted during meeting 39 on 23 June 2016

Adopted during meeting 39 on 23 June 2016

Adopted during meeting 39 on 23 June 2016

Adopted during meeting 39 on 23 June 2016

Adopted during meeting 39 on 23 June 2016

Adopted during meeting 38 on 31 March 2016

Adopted during meeting 38 on 31 March 2016

Adopted during meeting 38 on 31 March 2016

Adopted during meeting 38 on 31 March 2016

Adopted during meeting 38 on 31 March 2016

Adopted during meeting 38 on 31 March 2016

Adopted during meeting 38 on 31 March 2016

Adopted during meeting 38 on 31 March 2016

Adopted during meeting 38 on 31 March 2016