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What are the safety related tasks for the railway undertakings and infrastructure managers? How to tackle the issue of the competence management when a limited number of safety related tasks are identified in the national legislation?

The applicant for the safety certificate/authorisation (i.e. the railway undertaking or the infrastructure manager) has to demonstrate that it has the ability to identify, assess and control risks which arise both from its own activities and those caused by others. Therefore, railway undertakings and infrastructure managers shall identify these activities (or tasks) that give rise to serious risks for safety regardless of the national legislation. They shall achieve a degree of proportionality in approaching the risks and focus primarily on those which have the potential to adversely affect the operation of the trains or the infrastructure. Based on these principles, the railway undertakings and infrastructure managers need to set out adequate arrangements for managing competences of their workers undertaking safety critical tasks (and regardless of their job title). The national legislation supplementing the European legislation, the railway undertakings and infrastructure managers shall ensure that they also develop competences for the tasks identified in their national legislation (after applying a risk based approach on their railway activities). On the contrary, limiting the competence management only to the safety critical tasks identified in the national legislation is not sufficient.