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ERA guide for application of the Common Safety Methods ... - Europa

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European Railway AgencyGuide <strong>for</strong> <strong>the</strong> <strong>application</strong> <strong>of</strong> <strong>the</strong> CSM Regulation ANNEX II TO THE CSM REGULATIONCriteria which must be fulfilled by <strong>the</strong> Assessment Bodies1. The assessment body may not become involved ei<strong>the</strong>r directly or as authorisedrepresentatives in <strong>the</strong> design, manufacture, construction, marketing, operation ormaintenance <strong>of</strong> <strong>the</strong> system under assessment. This does not exclude <strong>the</strong> possibility <strong>of</strong>an exchange <strong>of</strong> technical in<strong>for</strong>mation between that body and all <strong>the</strong> involved actors.2. The assessment body must carry out <strong>the</strong> assessment with <strong>the</strong> greatest possiblepr<strong>of</strong>essional integrity and <strong>the</strong> greatest possible technical competence and must be free<strong>of</strong> any pressure and incentive, in particular <strong>of</strong> a financial type, which could affect <strong>the</strong>irjudgement or <strong>the</strong> results <strong>of</strong> <strong>the</strong>ir assessments, in particular from persons or groups <strong>of</strong>persons affected by <strong>the</strong> assessments.3. The assessment body must possess <strong>the</strong> means required to per<strong>for</strong>m adequately <strong>the</strong>technical and administrative tasks linked with <strong>the</strong> assessments; it shall also haveaccess to <strong>the</strong> equipment needed <strong>for</strong> exceptional assessments.4. The staff responsible <strong>for</strong> <strong>the</strong> assessments must possess:proper technical and vocational training,a satisfactory knowledge <strong>of</strong> <strong>the</strong> requirements relating to <strong>the</strong> assessments that <strong>the</strong>ycarry out and sufficient practice in those assessments,<strong>the</strong> ability to draw up <strong>the</strong> safety assessment reports which constitute <strong>the</strong> <strong>for</strong>malconclusions <strong>of</strong> <strong>the</strong> assessments conducted.5. The independence <strong>of</strong> <strong>the</strong> staff responsible <strong>for</strong> <strong>the</strong> independent assessments must beguaranteed. No <strong>of</strong>ficial must be remunerated ei<strong>the</strong>r on <strong>the</strong> basis <strong>of</strong> <strong>the</strong> number <strong>of</strong>assessments per<strong>for</strong>med or <strong>of</strong> <strong>the</strong> results <strong>of</strong> those assessments.6. Where <strong>the</strong> assessment body is external to <strong>the</strong> proposer's organisation must have itscivil liability ensured unless that liability is covered by <strong>the</strong> State under national law orunless <strong>the</strong> assessments are carried out directly by that Member State.7. Where <strong>the</strong> assessment body is external to <strong>the</strong> proposer's organisation its staff arebound by pr<strong>of</strong>essional secrecy with regard to everything <strong>the</strong>y learn in <strong>the</strong> per<strong>for</strong>mance<strong>of</strong> <strong>the</strong>ir duties (with <strong>the</strong> exception <strong>of</strong> <strong>the</strong> competent administrative authorities in <strong>the</strong>State where <strong>the</strong>y per<strong>for</strong>m those activities) in pursuance <strong>of</strong> this Regulation.[G 1] Additional explanation is not judged necessary. Reference: <strong>ERA</strong>/GUI/01-2008/SAF Version: 1.1 Page 54 <strong>of</strong> 54File Name: Guide_<strong>for</strong>_Application_<strong>of</strong>_CSM_V1.1.docEuropean Railway Agency ● Boulevard Harpignies, 160 ● BP 20392 ● F-59307 Valenciennes Cedex ● France ● Tel. +33 (0)3 27 09 65 00 ● Fax +33 (0)3 27 33 40 65 ● http://www.era.europa.eu

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