This decision was adopted in meeting 60 on 21 June 2022.

This decision was adopted in meeting 60 on 21 June 2022.

This decision was adopted in meeting 60 on 21 June 2022.

This decision was adopted in meeting 60 on 21 June 2022.

This decision was adopted in meeting 60 on 21 June 2022.

This decision was adopted in meeting 60 on 21 June 2022.

This decision was adopted in meeting 60 on 21 June 2022.

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 and the deadline extended until 2019 and then 2020. After the transposition of all Member States, the mandate of the Steering Group was extended until the end of 2021.

The Management Board approved the extension of the mandate until the end of 2023 as well as the amendments identified in the Terms of Reference. MB Decision n° 252 is being repealed.

This decision was adopted in meeting 59 on 16 March 2022.

Following a review of the Impact Assessment practice and changes to the TSI transition framework, the amendment of the Agency’s Impact Assessment procedure (MB Decision n° 195) needed updating.

The 2 goals for updating the IA procedure (annex 1) are:

1. Set principles on the type of impact assessment that can be expected for different TSI changes. By doing so, the procedure will be aligned with the new transition framework for TSI changes as developed for rolling stock and CCS TSIs.
2. Simplify the procedure so that a proportionate amount of resources can be invested on an impact assessment based on the type of change that is scrutinised. For this the ‘impact note’ output type is introduced, which can be used as an alternative to a light or full IA in clearly defined cases.

This decision was adopted in meeting 59 on 16 March 2022.

Article 51(1)(b) of ERA Regulation prescribes that the MB adopts each year, by a two-thirds majority of its members entitled to vote, after having received the opinion of the Commission and in accordance with Article 52, the programming document of the Agency (hereinafter also referred to as “SPD”, including the annual and multi-annual work programme).

Title III Chapter 1 Article 32 (3) of the ERA Financial Regulation defines that any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial work programme, in accordance with the provisions of the constituent act.

As defined in Title III Chapter 1 Article 32 (3), this Decision approves the delegation of powers from the MB to the Executive Director of the Agency to make non-substantial amendments to the annual work.

This decision was adopted in meeting 59 on 16 March 2022.

In its meetings of 16 March 2022, the Board appointed Ms Eleonora Eneva (Bulgaria) as alternate of the Executive Board.

This decision was adopted in meeting 59 on 16 March 2022.

This Decision updates the list of appointed representatives from the Management Board to assess the candidates on the list for membership of Board of Appeal.

This decision was adopted by written procedure.

The 4RP Steering Group created a subgroup to develop proposals for improvements following the implementation of the 4RP. The 6 recommendations are:

1. Recommendation addressed to the Agency to establish two Advisory Groups for vehicle authorisation (VA) and Operations/single safety certification (SSC) and test their functioning
2. Recommendation addressed to the Agency on a short-list of subjects for testing the Advisory Groups
3. Recommendation addressed to the Agency a list of other subjects for discussing in the Advisory Groups
4. Recommendation addressed to the European Commission regarding cross-border agreements
5. Recommendation addressed to the Agency on the cooperation between ERA and NSA’s in the PoE mandatory part
6. Recommendation addressed to the VA Advisory Group for short and mid-term solutions for reducing standstill for CTT in case of upgrading (ex. ERTMS upgrading)

This decision was adopted in meeting 58 on 19 January 2022

This Decision provides a forecast of the expenditure and revenue for 2023. The Agency will be able to provide more accurate estimates for 2023 and amend the SPD draft accordingly before its adoption by the Management Board in November, based on the progress of work in 2022.

This decision was adopted in meeting 58 on 19 January 2022.

The Management Board adopted the budget and establishment plan 2021 in DECISION n° 246 of the Management Board of the European Union Agency on 25 November 2020. The budget was amended with DECISION n° 260. In line with article 26 of the ERA Financial Regulation, the Management Board adopted the list of such transfers between titles, which are above the 10% threshold of the appropriations for the financial year shown on the line from which the transfer is made.

This decision was adopted by written procedure.

In line with Articles 39 and 51 § 1 point (g) of the Agency Regulation, the annual ERA Communication and Dissemination Plan was adopted by the Management Board.

The plan gives an overview on:

• Key Principles
• SPD 2022 target indicators and outputs
• Events 2022 overview
• ERA Academy
• News and (social) media
• Media relations and crisis communication
• Internal communication

This decision was adopted in meeting 57 on 23 November 2021.

In line with Regulation (EU) 2016/796, the evaluation of the Executive Director has to be performed jointly by the Commission and by the Board.  Decision n° 248 is valid until 31 December 2021, hence the two reporting officers are being appointed for another two years, i.e. until 31 December 2023.

This decision was adopted in meeting 57 on 23 November 2021.

The procedures for decision-making in relation to ensure business continuity during COVID-19 has been extended until the end of 2022.  For efficiency reasons, the names of the staff members have been deleted and only the functions have been kept.

This decision was adopted in meeting 57 on 23 November 2021.

Considering the continuing COVID-19 situation, the expiration date for the derogation from the application of Annex to the Decision n° 141 on the implementation of Telework has been extended 31-12-2022, guaranteeing the safety and well-being of the Agency staff, as well as to leave the flexibility of the staff to have a teleworking regime of 50% on a 4-weekly basis.

This decision was adopted in meeting 57 on 23 November 2021.

Management Board Decision n°161 regulated the policy on monitoring the performance of NSAs during the 1st audit cycle.  In order to initiate the 2nd audit cycle, the Board approved the update of the NSA monitoring tools for the 2nd audit cycle due to start in 2022.

The main changes were introduced to:

• update the NSA monitoring tools with the currently legal framework
• improve efficiency of the NSA monitoring programme by simplifying the various documents and facilitate their use by the auditors and the audited NSAs
• better align the 2 audit referential (Matrix and Compliance) regarding the technical requirements to foster consistency between audits

This decision was adopted in meeting 57 on 23 November 2021.

This Decision refers to the adoption of the budget 2022 and the establishment plan 2022, based on communication COM(2020) 300 of 27/07/2020 on the General budget of the European Union for the financial year 2022. The Commission foresaw for the ERA 2022 budget an EU contribution of EUR 26 278 423 with 154 TAs, 36 CAs and 4 SNEs.

This decision was adopted in meeting 57 on 23 November 2021.

This Decision refers to the adoption of the Single Programming Document 2022. 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 2021.

This decision was adopted in meeting 57 on 23 November 2021.

In its meetings of 23 November 2021, the Board appointed Mr Theo Rabenberg (Denmark) as alternate of the Executive Board.

This decision was adopted in meeting 57 on 23 November 2021.

The Management Board adopted the Single Programming Document 2021 in its meeting of 26 November 2020 with amendments on 6 July (MB Decision n° 265) and 23 September (MB Decision n° 269). The SPD 2021 had to be updated to remove the system pillar related work from objective 2.3 and to add this to the newly created objective 1.6.

This decision was adopted by written procedure.

The Management Board adopted the Single Programming Document 2021 in its meeting of 26 November 2020. This SPD had to be updated to reflect changes in the indicators and outputs as well as the procurement plan as a result of budget constraints and (re) allocation of resources.

This decision was adopted by written procedure.

In its meetings of 6 July 2021, the Board appointed Ms Linda Gailitê (Latvia) to the Executive Board as a member.

This decision was adopted in meeting 56 on 6 July 2021.

The Agency prepared its business continuity in light of the pandemic COVID-19 and sanitary crisis, also providing 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 update reflects a change in the Management Team of the Agency.

This decision was adopted in meeting 56 on 6 July 2021.

This Decision amends MB Decision n°161/2017 and defines a targeted scope for the NSA monitoring. Considering the current NSA audits planning, the resources’ constraints in 2021 and in order to be as efficient as possible, the MB agreed to have one single final report, covering the full audit cycle, and to target the delivery date of the final report to December 2021, instead of September 2021.

This decision was adopted in meeting 56 on 6 July 2021.

The Management Board adopted the Single Programming Document 2021 in its meeting of 26 November 2020.  This SPD had to be updated to reflect changes in the indicators and outputs as well as the procurement plan as a result of budget constraints and (re) allocation of resources.

This decision was adopted in meeting 56 on 6 July 2021.

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 2020 concern the provision of information on:

• An overall reporting of the Agency’s main activities, outputs and achievements in 2020
• 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 budget of ERA for the year 2020 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 2020 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 2020 budget and the activities undertaken by it during this year.

This Decision was adopted by written procedure.

The Management Board adopted the budget and establishment plan 2021 in DECISION n° 246 of the Management Board of the European Union Agency on 25 November 2020. The European Commission provided the Agency with additional funds to the amount of €1.298.000 for the Agency’s IT security in the course of 2021, leading to an amendment of the budget.

MB Decision n°194 (as amended by MB Decisions n°209, 219, 234) 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:

• Update the name of the relevant Head of Planning and Approvals Delivery Unit, Planning and Approvals Delivery Unit
• Repeal of MB decisions 194, 209, 219 and 234
• Expiration date of the decision from the end of 2021 to the end of 2022

This decision was adopted in meeting 55 on 18 March 2021.

The Agency Regulation (EU) 2016/796, in its Art. 8, paragraph 1, requires that “The Agency shall conduct an impact assessment of its recommendations and opinions. The Management Board shall adopt an impact assessment methodology based on the methodology of the Commission […]”.

This Decision amends annex 2 for the impact assessment methodology reflecting the Agency IMS procedure amendment related to signatures.

This decision was adopted in meeting 55 on 18 March 2021.

In its meetings of 18 March 2021, the Board appointed Ms Paloma Iribas (Spain) of the Executive Board.

This decision was adopted in meeting 55 on 18 March 2021.

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 2021, (2) the Communication events of the year, (3) Newsletter editions, and (4) Other publications.

This Decision was adopted by written procedure.

In accordance with Article 25(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, restrictions of the application of Articles 14 to 22, 35 and 36, as well as Article 4 of that Regulation in so far as its provisions correspond to the rights and obligations of data subjects provided for in Articles 14 to 22 should be based on internal rules to be adopted by the where these are not based on legal acts adopted on the basis of the Treaties. The decision is drafted on the basis of this Guidance and model rules adapted to the specific needs of each processing operation as well as to the specific needs of each Agency.

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 and the deadline extended until 2019 and then 2020. Now that all the Member States have transposed, it is felt important to keep this Steering Group in place until at least the end of 2021.

This Decision was adopted by written procedure.

In its meetings of 25 November 2020, the Board appointed one member for the Executive Board.

This decision was adopted in meeting 54 on 25 November 2020.

This Decision foresees that linked data becomes the default setting for any future development of the databases, registers and specifications for data exchange mandated by the EU legal framework, under its remit. Broader application of this concept beyond the realm of ERA is certainly to be expected. Phase 1 of the Data and Digitalization had been approved in November 2019.

This decision was adopted in meeting 54 on 25 November 2020.

Decision n°162 describes rules in relation to Declarations of Interest for MB members. Article 9 has been updated to reflect the current reality on the composition of the Conflicts of Interest Review Panel.

This decision was adopted in meeting 54 on 25 November 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 extends MB Decision n° 224 until the end of 2021.

This decision was adopted in meeting 54 on 25 November 2020.

This Decision appoints Mr Hinne Groot as reporting officer for the annual appraisal exercise of the Agency’s Executive Director until the end of 2021. The Director for Land Transport, Directorate-General for Mobility and Transport had already been appointed in this capacity.

This decision was adopted in meeting 54 on 25 November 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 2022-2023. The Agency will be able to provide more accurate estimates for 2022 and amend the SPD draft accordingly before its adoption by the Management Board in November, based on the progress of work in 2021.

This decision was adopted in meeting 54 on 25 November 2020.

This Decision refers to the adoption of the budget 2021 and the establishment plan 2021, based on communication COM(2020) 300 of 27/07/2020 on the DRAFT General budget of the European Union for the financial year 2021. The Commission foresaw for the ERA 2021 budget an EU contribution of 25.70 Mio€ with 151 TAs.

This decision was adopted in meeting 54 on 25 November 2020.

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 validity until 16 June 2022.

This decision was adopted in meeting 54 on 25 November 2020.

This Decision amends MB Decision n°161/2017 and defines a targeted scope for the NSA monitoring. As in 2019 and 2020, the amendment was needed to ensure a balanced budget for SPD 2021.

This decision was adopted in meeting 54 on 25 November 2020.

This Decision refers to the adoption of the Single Programming Document 2021. 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 2020.

This decision was adopted in meeting 54 on 25 November 2020.

The procurement plan in SPD 2020 has been updated in light of the reinforcement of the ERA pool of experts for safety certification projects.

This decision was adopted by written procedure.

The procurement plan in SPD 2020 has been updated in light of the project “Revision of VA guides and procedures – ERA.1209”.

This decision was adopted by written procedure.

Commission Decision C(2020) 4818 of 20.7.2020 amending the Commission Decision C(2011)1278 of 3 March 2011 on the general implementing provisions for Articles 11 and 12 of Annex VIII to the Staff Regulations on the transfer of pension rights by analogy.

This decision was adopted by written procedure.

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 2020 and the establishment plan 2020, 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.

[Amended by DECISION n° 245]

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