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Does a risk transfer between a railway undertaking and an infrastructure manager requires an evaluation, control and acceptance from the RU. If yes it does, please indicate how it should be carry out this evaluation, control and acceptance.

Railway undertakings and infrastructure managers must cooperate on shared interface risks in order to agree on the implementation of risk control measures.

Point 1.2.2 in Annex I of Regulation (EU) No 402/2013 stipulates that:

“When, in order to fulfil a safety requirement, an actor identifies the need for a safety measure that it cannot implement itself, it shall, after agreement with another actor, transfer the management of the related hazard to the latter using the process described in section 4.”

Point 4.2 in Annex I of Regulation (EU) No 402/2013 also stipulates that:

“All hazards and related safety requirements which cannot be controlled by one actor alone shall be communicated to another relevant actor in order to find jointly an adequate solution. The hazards registered in the hazard record of the actor who transfers them shall only be ‘controlled’ when the evaluation of the risks associated with these hazards is made by the other actor and the solution is agreed by all concerned.”

Even if Regulation (EU) No 402/2013 does not apply, the above provisions are recognised as good practice in hazard management.