Amended proposal for a Directive of the European Parliament and of the Council on minimum safety requirements for tunnels in the trans-European road network (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on minimum safety requirements for tunnels in the trans-European road network (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

EXPLANATORY MEMORANDUM

1. Background

In accordance with Article 71 of the Treaty, on 30 December 2002 the Commission presented a proposal for a Directive of the European Parliament and of the Council on minimum safety requirements for tunnels in the trans-European road network with a view to its adoption by the co-decision procedure provided for in Article 251 of the Treaty establishing the European Community (COM (2002) 769 final - 2002/0309 (COD)).

On 18 June 2003, the European Economic and Social Committee delivered a favourable opinion on the proposal, although it proposed a number of amendments.

On 3 July 2003, the Committee of the Regions delivered a favourable opinion on the proposal, subject to certain amendments.

On 9 October 2003, the European Parliament adopted a series of amendments in the first reading. The Commission has made known its position on these amendments, indicating those which it was able to accept in substance and/or with drafting changes, those which it was able to accept in part and those which it cannot accept.

Parliament is proposing a series of amendments of a technical nature which are broadly in line with the positions expressed by the European Economic and Social Committee, the Committee of the Regions and the results of work at international level and in the Council which has held a number of meetings attended by experts on this draft. The Commission is able, in principle, to accept these amendments subject to drafting changes insofar as they reinforce the original intentions of the proposal. As some provisions have been moved from the annexes to the legal part of the Directive, these amendments also require an alignment of certain articles and of two recitals.

A number of amendments pay particular consideration to disabled people, so that they can save themselves in the event of a fire. The Commission is in favour of a specific reference to disabled people in the Directive. The provisions of the Directive as a whole should significantly improve protection for disabled people.

On the basis of the European Parliament amendments, the Commission has drawn up this amended proposal.

2. Comments on the changes made to the proposal

Recital 10, Article 3 and Annex II

Amendments 9, 70 and 71 pay particular consideration to disabled people.

These amendments are acceptable in principle, which means that a new recital 10 is added and when emergency plans referred to in Annex II are drawn up, they must take account of disabled people in order to identify and implement the most appropriate solutions.

However, that part of amendment 9 which states that the first door giving access to the emergency exit must be capable of being negotiated by a wheelchair is not a satisfactory solution since it assumes that the emergency services will come to the aid of the person in a wheelchair. However, given the rapid spread of smoke or flame in the event of fires, it is likely that people will seek shelter by themselves, perhaps helping each other, without waiting for the emergency services.

The adoption of the Directive will in itself lead to a substantial improvement in the safety of disabled people or people with reduced mobility.

Recital 11

As a consequence of the deletion of the categories of equipment listed in Annex I of the original proposal, the second sentence of recital 11 is deleted.

Recital 14

The wording of recital 14 is aligned on that of Article 14 as based on amendment 13.

Recital 21

Amendment 5 calls on Member States to apply the provisions of the Directive to tunnels which are not on the trans-European network and are not covered by it. This has led to the introduction of a new recital 21 in the proposal.

Article 2

Amendments 7 and 8 delete the definitions of "traffic volume" and "equipment class" of the legislative part, because these terms are used only in the technical annexes. These definitions will therefore be removed to Annex I.

Article 3

Amendment 10 aims to accept alternative measures to structural measures which would be substantially more expensive for tunnels already in service only if they ensure an "equivalent or improved" level of safety. This is acceptable. (See also recital 10)

Article 4(1)

Amendment 11 specifies the responsibilities of the Administrative Authority. In the original proposal it has "general responsibility for safety, including compliance with the Directive". This means that insofar as the Directive lays down minimum rules which may be complemented by additional measures, the responsibility of the Administrative Authority must go beyond mere implementation of the Directive. As the expression "general responsibility" was judged to be too vague, the Commission is proposing to make it more specific in this amended proposal.

Article 4(2)

The first part of Amendment 12 which relates to paragraph (3) and which is a drafting amendment is acceptable. The second part of the amendment requires the signature of a cooperation protocol between the Administrative Authorities of the two states in the case of cross-frontier tunnels. Although it is important to facilitate cooperation between states on the safety regime in cross-frontier tunnels, specific measures can be added without however going as far as the signing of a protocol.

Article 4(3) to (7)

Amendment 13 has been introduced by the European Parliament in order to avoid diluting the respective responsibilities of the Administrative Authority and the Tunnel Manager. In order to improve the quality of the text, it has been amended so as to set out the tasks that the original proposal listed in Annex I. The removal of the requirements concerning operating measures to be met by the Administrative Authority from Annex I to Article 4 as requested by Parliament has resulted in a revision of paragraphs (3) to (7).

Article 5

Amendment 14 seeks to provide greater flexibility in carrying out periodic inspections under the responsibility of the Member States. As a consequence of this amendment, the term "Inspection Body" is replaced by "Inspection Entity" throughout the text.

Article 6

Amendment 16 proposes replacing "Tunnel Manager" by "Tunnel Supervisory Body". Although this amendment cannot be accepted, it is however possible to clarify the role of the Tunnel Manager at the various stages of design, construction and operation of the tunnel. This meets the desiderata of the European Parliament.

Article 7

Amendments 21 and 22 seek to clarify the tasks of the "Safety Officer". The Commission is able to accept some of the proposed amendments. It cannot agree to go back on the widely accepted terms of "Tunnel Manager" and "Safety Officer" which Parliament is proposing to change into "Tunnel Supervisory Body" and "Safety Coordinator". This drafting reservation applies to a number of amendments incorporated in the amended proposal and described below.

Article 10(title)

The clarification to the title of Article 10 provided by Amendment 23 is useful, but as an addition to and not in place of the original wording. The title therefore becomes: "Tunnels whose design has been approved but which are not yet open".

Article 10(1)

According to Amendment 24 which is a drafting amendment, the reference to the Inspection Body can be deleted, since it is covered by the reference to the procedure described in Annex II.

Article 10(2)

As Amendment 25 indicates, where the Administrative Authority considers that the safety of an existing tunnel must be improved, it must communicate that fact to the Tunnel Manager, so that remedial measures can be taken, and the Safety Officer, for information purposes. The respective roles of these two players must be highlighted.

Article 11(1)

Amendment 26 accords an additional period of six months compared with the original proposal for assessing compliance of existing tunnels with the Directive. As the Council is planning to defer the entry into force of the Directive by six months (30 months after publication), the positions of the Council and Parliament are in line with each other and are accepted by way of a compromise.

Article 11(2)

Amendment 27 limits the obligation on the "Tunnel Manager" to send a plan for adapting an existing tunnel only to those cases where this is necessary. This amendment is acceptable subject to the drafting reservation relating to Article 7.

Article 11(3)

Amendment 28 reinforces the role of the Administrative Authority and is acceptable in spirit.

Article 12(1)

Amendment 29 makes the Administrative Authority responsible for technical inspections, which is a useful clarification. Article 12 is amended accordingly. The last sentence has been deleted since it is redundant with Article 11. The period between inspections has been increased to six years.

This amendment also stipulates that inspections are carried out whether or not by the Inspection Entity. In all cases, it is the responsibility of the Inspection Entity to carry out the inspections stipulated by the Directive. This second part is not therefore compatible with the definition of the Inspection Entity.

Article 12(3) and (4)

Amendment 30 covers the response of the Administrative Authority when it receives an inspection report indicating that an existing tunnel has to be modified in order to comply with the directive. It is acceptable subject to the drafting reservation relating to Article 7. The first part of paragraph (3) and paragraph (4) must also be amended as a consequence of the changes made to the technical annexes.

Article 13(1)

On the basis of Amendment 31, this paragraph has been amended in order to clearly indicate that the body responsible for carrying out the risk analyses is independent from the Tunnel Manager. The drafting reservation relating to Article 7 applies. A clause which featured in Annex II has also been moved to this paragraph.

Article 13(2)

Amendment 32 states that Member States may, for the purposes of carrying out risk analyses, only use a standard methodology at national level. This is acceptable, since the work on harmonisation of such a methodology at European level cannot in any event be completed before the adoption of the Directive. With a view to transparency, Member States will have to make information on the methodology that they use available in electronic form.

Article 14

Amendment 33 aims to extend the possibility of Member States obtaining a derogation from the provisions of the Directive to allow the use of innovative techniques providing an equivalent or higher protection level.

Annex I

The effect of amendments 34 to 60, 62, 63, 65 and 69 is to align the technical requirements contained in Annex I on the results of the work of national experts, including in the World Road Association (PIARC), the working group of the Alpine countries and the Council experts group. As they are in line with the Commission's original proposal, they are generally acceptable. However, drafting amendments are necessary. Insofar as the amendments relate to almost the whole of Annex I, with the exception of measures designed to inform road users of the attitude to adopt, in the spirit of the European Parliament amendments, Annex I has been amended in line with the most recent work of experts.

The main amendments concern the following aspects:

- The five classes of equipment in the original proposal which determine the type of equipment have been replaced by a more flexible system adapted to suit each type of equipment.

- The threshold for traffic forecasts above which new tunnels will have to be twin tube has been raised to 10 000 vehicles per day and per lane.

- The number of lanes reserved for traffic must be the same inside and outside the tunnel.

- Gradients may not exceed 5% unless this is impossible for geographical reasons.

- A new definition and stricter requirements are set out for escape routes, ventilation systems, lighting, electricity supply, pavements and control rooms.

- The rules vary according to whether they are to apply to a new tunnel or an existing tunnel. This is the case for example for the minimum distance between emergency posts equipped with fire extinguishers and between water supply outlets which is increased to 250 metres for existing tunnels.

- The descriptions of the responsibilities of the Administrative Authority and the Safety Officer have been condensed and moved to Articles 4 and 6 respectively, without prejudice to the drafting reservation relating to Article 7.

- The maximum delay of 10 minutes for the intervention of the emergency services after an alarm for the longest and busiest tunnels, by means of a provision requiring the delay to be kept as short as possible having regard to local conditions. This is acceptable subject to drafting amendments.

- The obligation to empty additional fuel tanks on heavy goods vehicles before travelling through tunnels has been scrapped.

Annex II

Amendments 74 and 75 which clarify the responsibilities of the Safety Officer are acceptable subject to the drafting reservation relating to Article 7. In view of the need for consistency with the text as a whole, Annex II has been amended to align it with the most recent work of experts (see also recital 10).

Annex III

Amendments 77 and 78 align Annex III with the results of the work of experts in the UN/ECE and the Council. As these are in line with the Commission's original proposal, they are acceptable in principle, subject to the adoption of the final wording of the Council, which is slightly different. In view of the need for consistency, Annex III has been aligned on the most recent work by experts.

3. Comments on the amendments not accepted

Amendment 1 refers to the decisive role of the driver in preventing accidents. The Commission recognises the importance of this aspect which has actually been taken into consideration recently with the adoption by the European Parliament and the Council of Directive 2003/59/EC making training compulsory for drivers of certain road vehicles for the carriage of goods or passengers on 15 July 2003. At a formal level, the amendment cannot however be included in this Directive whose object is different.

Amendment 3 calls for a study to determine the extent to which the structural alterations required by this Directive will be eligible for financing under the TEN budget. Given the high cost of the work on compliance with the Directive, the question of funding is critical. The European Union will be able to contribute to this funding alongside the Member States, the Tunnel Managers and the users themselves in the case of toll infrastructures. In any event, the support that the European Union can provide under the TEN budget will have to satisfy the general allocation rules adopted inter alia on the occasion of the recent revision of the guidelines. However, this question falls within a different framework from this Directive and the amendment cannot be accepted.

Amendment 4 calls for the prompt introduction of the Directive in the countries acceding to the Union. The Commission intends to introduce the Directive in the "acquis" which will have to be applied from accession, since these countries are able to participate in the preparatory work with which they have been associated since May 2003. They are therefore subject to exactly the same conditions as the current Member States. At a formal level, the Commission considers that it is normal that there should be equal treatment between the States and that there is no need to emphasise this.

Amendment 6 changes the wording of Article 1 to indicate that the Directive aims to achieve a suitable safety level in tunnels. This differs from the Commission's intention which is to establish a uniform minimum level of safety, with Member States taking additional measures in certain cases specified by the Directive or on their own initiative. The responsibility for judging whether a suitable safety level has been achieved will still ultimately left to the Member States, since it is impossible in a general Directive to take full account of all the factors affecting safety in a specific tunnel.

Amendment 15 requires a single Inspection Body to be designated for cross-frontier tunnels. The proposal stipulates that only one operator should be responsible for such tunnels. Given the limited assistance provided by the Inspection Body, which supports the Administrative Authority - and in the case of cross-frontier tunnels there are in principle two - it is not essential to have a single Inspection Body. If in the course of inspections, the Inspection Bodies of the two countries reach different conclusions, the operator will have to apply all the requirements resulting therefrom.

Amendments 16, 17, 18, 61, 72, 73 and 74 replace the function of "Tunnel Manager" giving it a supervisory role instead of direct responsibility for implementation of safety. These amendments call into question the very principle of the division of responsibilities between the various levels of intervention which is one of the aims of the Directive. The Parliament amendments would result in a reorganisation of these levels which in the opinion of the Commission is not necessary to achieve the desired objective.

Amendments 19 and 20 seek to do away with the obligation on the tunnel manager to forward all accident reports to the tunnel Safety Officer. These amendments are linked to the redefinition proposed by Parliament of the tasks of the Safety Officer who would become the Safety Coordinator. Safety coordination would imply authority over the emergency services, which is not functionally possible. It is better, as proposed by the Commission, to define precise and limited tasks for the Safety Officer which he will be responsible for carrying out completely independently of the Tunnel Manager.

Amendment 64 concerns the conditions relating to information and access for vehicles used for the transport of dangerous goods. These provisions have been the subject of an opinion of the group of experts on the transport of dangerous goods of the Economic Commission for Europe. It is the text proposed by that group which must be adopted. Among other things it meets the wishes of Parliament regarding road signs.

Amendments 66 and 68 relate to the safety distance between vehicles and the closure of lanes for urban tunnels. The original proposal specifies a distance of not less than 50 metres (100 m in front of heavy goods vehicles). The first amendment states that this figure must be observed at the maximum authorised speed. The second allows Member States to grant a derogation for urban tunnels, in order to reduce the minimum distance between vehicles. The Commission is aware that at low speeds, the distance between vehicles of 100 metres is difficult to enforce and could lead to increased traffic congestion in the vicinity of heavily used tunnels. In order however to ensure that the limit is not fixed for the maximum speed alone, it is proposing to express it in the form of maintaining the distance covered in two seconds by the vehicle. This will entail allowing shorter distances between vehicles for congested urban tunnels, corresponding to specific security needs and meeting traffic constraints. As regards the closure of lanes in the event of accidents, the new wording of point 3.4 of Annex I allows a number of technical possibilities which obviate the need for a derogation for urban tunnels.

Amendment 67 calls on Member States to employ traffic management measures in the interests of tunnel safety. It is true that tunnel safety can be improved by optimising transport operations on a broad geographical scale, particularly the transport of goods. However, the proposed provision brings into play actors other than those covered by this Directive and cannot be introduced in this context.

Amendment 76 reduces, in Annex III on road marking, the width of the line separating the carriageway from the sides of the tunnel from 30 to 25 cm. However, the figure given in the proposal which corresponds to an international standard must be maintained.

2002/0309 (COD)

Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on minimum safety requirements for tunnels in the trans-European road network

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,

Having regard to the proposal from the Commission, [1]

[1] OJ , , p. .

Having regard to the opinion of the European Economic and Social Committee, [2]

[2] OJ , , p. .

Having regard to the opinion of the Committee of the Regions, [3]

[3] OJ , , p. .

Acting in accordance with the procedure laid down in Article 251 of the Treaty, [4]

[4] OJ , , p. .

Whereas:

(1) In its White Paper on "European transport policy for 2010: time to decide" [5] the Commission announces that it would propose minimum safety requirements for tunnels belonging to the Trans-European Road Network.

[5] Commission White Paper of 12 September 2001: "European transport policy for 2010: time to decide", COM (2001) 370.

(2) The transport system, notably the Trans-European Transport Network defined in Decision No 1692/96/EC of the European Parliament and the Council, of 23 July on Community guidelines for the development of the Trans-European transport Network [6], is of paramount importance in supporting European integration and ensuring a high level of well-being among Europe's citizens. The European Community has the responsibility to guarantee a high, uniform and constant level of security, service and comfort on the Trans-European Road Network.

[6] OJ L 228 of 9.9.1996, p. 1. Decision as amended by Decision No 1346/2001/EC (OJ L185, 6.7.2001, p. 1)

(3) Long tunnels of over 500 m in length are important structures which facilitate communication between large areas of Europe and play a decisive role in the functioning and development of regional economies.

(4) The European Council on several occasions and notably on 14 and 15 December 2001 in Laeken underlined the urgency to take measures in order to improve tunnel safety.

(5) On 30 November 2001, the Transport Ministers of Austria, France, Germany, Italy and Switzerland met in Zurich and adopted a Common Declaration recommending the alignment of national legislation on the most recent harmonised requirements for improving safety in long tunnels.

(6) Since the objectives of the proposed action, namely the achievement of a uniform, constant and high level of protection for all European citizens in road tunnels cannot be sufficiently achieved by the Member States and can therefore, by reason of the level of harmonisation required, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(7) Recent accidents in tunnels emphasise their importance in human, economic and cultural terms.

(8) Some tunnels in Europe, put into operation a long time ago, were designed at a time when the technical possibilities and the conditions of transport were very different from today's. There are thus disparate safety levels and these need to be improved.

(9) Safety in tunnels requires a number of measures relating, among others, to the geometry of the tunnel and its design, safety equipment, including road signs, traffic management, training of the emergency services, incident management, information to users on how best to behave in tunnels, and better communication between the authorities in charge and emergency services such as the police, fire-brigades and rescue teams.

(10) The improvements brought by this Directive will improve safety conditions for all users, including disabled persons. However, as they have more difficulties to escape in case of emergency, particular consideration should be given to their safety.

(11) In order to implement a balanced approach and due to the high cost of the measures, minimum safety equipment should be set taking into account the type and the expected traffic volume of each tunnel.

(12) International bodies such as the World Road Association and the Economic Commission for Europe have for a long time been making invaluable recommendations to help improve and harmonise safety equipment and traffic rules in road tunnels. However, as these recommendations are not binding, their full potential can only be maximised if the requirements they identify are made obligatory through legislation.

(13) Maintaining a high safety level requires proper maintenance of the safety facilities in tunnels. An exchange of information on modern safety techniques and accident/incident data between the Member States should be systematically organised.

(14) In order to ensure that the requirements of this Directive are properly applied by the Tunnel Managers, Member States should designate one or more authorities at national, regional or local level with responsibility for ensuring that all aspects of the safety of a tunnel are respected.

(15) A flexible and progressive timescale is needed for implementation of this Directive. This will allow for completion of the most urgent works without creating major disturbances in the transport system or bottlenecks in public works in the Member States.

(16) The cost of refurbishing existing tunnels varies considerably from one Member State to another, particularly for geographical reasons, and Member States should be allowed to spread any refurbishment works needed to meet the requirements of this Directive where the density of tunnels on their territories is well in excess of the European average.

(17) For tunnels already in operation or tunnels which have not been opened to the public within 18 months following the entry into force of this Directive, Member States should be allowed to accept the adoption of risk reduction measures as an alternative to the requirements of the Directive, where the tunnel does not allow for structural solutions to be implemented at reasonable cost.

(18) Further technical progress is still necessary to improve tunnel safety. A procedure should be introduced to allow the Commission to adapt the requirements of this Directive to technical progress. That procedure should also be used to adopt a harmonised risk analysis method.

(19) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [7].

[7] OJ L 184, 17.7.1999, p. 23.

(20) Member States should submit a report to the Commission on the measures they plan to adopt to meet the requirements of this Directive, with a view to synchronising works at Community level in order to reduce traffic disturbances,

(21) Member States should be encouraged to implement comparable safety levels for road tunnels located in their territory that do not form part of the European road-transport network and consequently do not fall within the scope of this Directive.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter and scope

(1) This Directive establishes preventive measures and measures that provide a minimum level of safety in the event of accidents in tunnels in the Trans-European Road Network.

(2) It shall apply to all tunnels on the Trans-European Road Network with lengths of over 500 m, whether they are in operation, under construction or at the design stage.

Article 2

Definitions

For the purposes of this Directive, the following definitions shall apply:

(1) "Trans-European Road Network" means the road network identified in Section 2 of Annex I to Decision 1692/96/EC and illustrated by maps. The maps relate to the corresponding sections mentioned in the enacting terms and/or Annex II to that Decision.

(2) "Emergency services" means all local services, whether public or private, or part of the tunnel staff, which intervene in the event of an accident, including police services, fire brigades and rescue teams.

Article 3

Safety Measures

(1) Member States shall ensure that tunnels in their territory meet the minimum safety requirements laid down in Annex I.

(2) Where certain structural requirements laid down in Annex I can only be satisfied through technical solutions which are substantially more expensive than for equivalent new tunnels, Member States may accept the implementation of risk reduction measures as an alternative to those requirements, provided that an equivalent or improved level of safety is ensured. The efficiency of these measures shall be demonstrated through a risk analysis in conformity with the provisions of Article 13. Member States shall inform the Commission of the risk reduction measures accepted as an alternative and provide justification therefor. This paragraph shall not apply in respect of tunnels at the design stage as defined in Article 7.

(3) Member States may specify stricter requirements, provided they do not contravene the requirements of this Directive.

Article 4

Administrative Authority

(1) Member States shall designate (an) Administrative Authority(ies), hereinafter referred as "the Administrative Authority", which shall have responsibility for ensuring that all aspects of the safety of a tunnel are respected, and which shall take the necessary provisions to ensure compliance with this Directive.

(2) The Administrative Authority may be set up at national, regional or local level.

(3) Each tunnel located on the territory of a single Member State shall fall under the responsibility of a single Administrative Authority. For each tunnel located on the territory of two Member States, either each Member State shall designate an Administrative Authority, or alternatively, Member States shall designate a joint Administrative Authority. If there are two different Administrative Authorities, the decisions of each one in exercise of its respective competencies and responsibilities related to tunnel safety shall be adopted with the previous agreement of the other Authority.

(4) The Administrative Authority commissions tunnels as described in Annex II.

(5) Without prejudice to further arrangements on this subject at national level, the Administrative Authority shall have power to suspend or restrict the operation of a tunnel if safety conditions are not met; it shall specify the conditions under which normal traffic conditions may be re-established.

(6) The Administrative Authority shall ensure that the following tasks are performed:

- testing and inspecting tunnels on a regular basis and the drawing up of safety requirements pertaining thereto;

- putting in place organisational and operational schemes (including emergency response plans) for the training and equipping of emergency services;

- defining the procedure for immediate closure of a tunnel in case of an emergency;

- implementing the necessary risk reduction measures.

(7) Where bodies designated as Administrative Authorities existed prior to this designation, those Administrative Authorities may continue to exercise their previous activities provided they comply with this Directive.

Article 5

Inspection Entity

Member States shall ensure that inspections, evaluations and tests are carried out by Inspection Entities. The Administrative Authority may perform this function. Any entity performing the inspections, evaluations and tests must have a high level of competence and quality of procedure and must be functionally independent from the Tunnel Manager.

Article 6

Tunnel Manager

(1) For each tunnel on the territory of one Member State, whether it is in the design, construction or operating stage, the Administrative Authority shall identify as tunnel manager the public or private body responsible for the management of the tunnel at the stage concerned. The Administrative Authority itself may perform this function.

(2) For each tunnel located on the territory of two Member States, the two Administrative Authorities shall recognise only one body in charge of the operation of the tunnel.

(3) Any significant incident or accident occurring in a tunnel shall be the subject of an occurrence report prepared by the Tunnel Manager. This report shall be forwarded to the Safety Officer provided for in Article 7, to the Administrative Authority and to the emergency services within a maximum period of one month.

(4) Where an investigation report is drawn up analysing the circumstances of the incident or accident or the conclusions that can be drawn from it, the Tunnel Manager shall forward this report to the Safety Officer and the emergency services no later than one month after he receives it himself.

Article 7

Safety Officer

(1) For each tunnel, the Tunnel Manager shall nominate one Safety Officer who must be previously accepted by the Administrative Authority and who shall co-ordinate all preventive and safeguards measures to ensure the safety of users and operation staff. The Safety Officer may be a member of the tunnel staff or the emergency services, shall be independent in all road tunnel safety-related issues and shall not be subject to instructions from an employer in respect of those issues. A Safety Officer may be responsible for several tunnels in a region.

(2) The Safety Officer shall perform the following tasks/functions:

(a) ensure co-ordination with emergency services and take part in the preparation of operational schemes;

(b) take part in the planning, implementation and evaluation of emergency operations;

(c) take part in the definition of safety schemes and the specification of structure, equipment and operation in respect of both new tunnels and modifications to existing tunnels;

(d) verify that operational staff and emergency services are trained and take part in the organisation of exercises which are held at regular intervals;

(e) give advice on the commissioning of the structure, equipment and operation of tunnels;

(f) verify that tunnel structure and equipment are maintained and repaired;

(g) take part in the evaluation of any significant incident or accident as referred to in Article 6 (2) and (3).

Article 8

Notification of the Administrative Authority and the Inspection Entity

The Member States shall notify the Commission of the names and addresses of the Administrative Authority and the Inspection Entity within 18 months of entry into force of this Directive. They shall notify within three months any subsequent changes to this information when they occur. The Commission may ask Member States to provide further information on these organisations where appropriate.

Article 9

Tunnels at the design stage

(1) Any tunnel whose design has not been approved by the Administrative Authority within 18 months following the entry into force of this Directive shall be subject to the requirements of this Directive.

(2) The tunnel shall be commissioned in accordance with the procedure laid down in Annex II.

Article 10

Tunnels whose design has been approved but which are not yet open

(1) (1) In the case of tunnels which have not been opened to public traffic within 18 months following the entry into force of this Directive, the Administrative Authority shall assess their compliance with the requirements of this Directive .

(2) Where the Administrative Authority finds that a tunnel does not comply with the provisions of this Directive, it shall notify the Tunnel Manager that relevant measures necessary to increase safety must be taken and inform the Safety Officer.

(3) The tunnel shall then be commissioned in accordance with the procedure laid down in Annex II.

Article 11

Tunnels already in operation

(1) In the case of tunnels which have been open to public traffic no longer than 18 months following the entry into force of this Directive, the Administrative Authority shall have, within 30 months following the entry into force of this Directive to assess the compliance of the tunnel with the requirements of Annex I and, where necessary, propose a plan to the Tunnel Manager to adapt the tunnel to the requirements of this Directive.

(2) The Tunnel Manager shall , if necessary, propose to the Administrative Authority a plan for adapting the tunnel to the provisions of this Directive and the remedial measures he intends to put in place.

(3) The Administrative Authority shall give its approval to the remedial measures or ask for them to be modified.

(4) Thereafter, the tunnel shall be re-commissioned in accordance with the procedure laid down in Annex II.

(5) Member States shall submit a report to the Commission on how they plan to meet the requirements of this Directive, on planned measures, and, where appropriate, on the consequences of opening or closing the main access roads to the tunnels within three years following the entry into force of this Directive. In order to minimise disturbances to traffic at European level, the Commission may comment on the timetable of the work intended to ensure that tunnels comply with the requirements of this Directive.

(6) The refurbishment of tunnels shall be carried out according to a schedule, which shall not exceed ten years. Within three years following the entry into force of the Directive, at least 10% of all tunnels in each Member State in operation shall comply with the requirements of this Directive, 50% of all tunnels in operation within 6 years and 100% within 10 years.

(7) Where the total bore length of existing tunnels divided by the total length of the part of the Trans-European Road Network located on their territories exceeds the European average, Members States may extend the periods stipulated in the above paragraph by 50%.

Article 12

Periodic inspections

(1) The Administrative Authority shall verify that regular inspections are carried out by the inspection Entity to ensure that all tunnels falling within the scope of this Directive comply with its provisions

(2) The period between two consecutive inspections of a given tunnel shall not exceed six years.

(3) Where, on the basis of the report of the Inspection Entity, the Administrative Authority finds that a tunnel does not comply with the provisions of this Directive, it shall notify the Tunnel Manager and the Safety Officer that measures to increase tunnel safety must be adopted. The Administrative Authority shall define the conditions for the continued tunnel operation or for the re-opening of the tunnel which will apply until the achievement of the remedial measures, and any further relevant restrictions or conditions.

(4) If the remedial measures include any substantial modification in the construction or operation, then once these measures have been taken, the tunnel shall be the subject of a new authorisation to operate in accordance with the procedure laid down in Annex II.

Article 13

Risk analysis

(1) Risk analyses shall be carried out by a body which is functionally independent from the Tunnel Manager, at the request and under the responsibility of the Administrative Authority. The content and the results of the risk analysis shall be included in the safety documentation submitted to the Administrative Authority. A risk analysis is an analysis of risk for a given tunnel, taking into account all design factors and traffic conditions that affect safety, notably traffic characteristics, tunnel length, type of traffic and tunnel geometry, as well as the forecast number of heavy goods vehicles per day.

(2) Member States shall ensure that, at national level, a detailed and well-defined methodology, corresponding to the best available practices, is used and shall inform the Commission and the other Member States of the methodology applied which will make this information available in electronic form to other Member States.

(3) Five years after the date of entry into force of this Directive, the Commission shall establish a report on the practice applied in the Members States. Where necessary, it shall make proposals for the adoption of a common harmonised risk analysis methodology in accordance with the procedure referred to in Article 16(2).

Article 14

Derogation for innovative techniques

(1) In order to allow the installation of innovative safety equipment or the use of innovative safety procedures, which provide an equivalent or higher protection level than current technologies, as prescribed in this Directive, an Administrative Authority may grant a derogation from the requirements of the Directive on the basis of a duly documented request from the Tunnel Manager.

(2) If the Administrative Authority intends to grant the derogation, the Member State shall first submit a derogation application to the Commission containing the initial request and the opinion of the Inspection Entity.

(3) The Commission shall give a reply in accordance with the procedure referred to in Article 16(2). Where the decision is negative, the Administrative Authority shall not grant the derogation.

Article 15

Adaptation to technical progress

The Commission shall adapt the Annexes to this Directive to technical progress, in accordance with the procedure referred to in Article 16(2).

Article 16

Committee procedure

(1) The Commission shall be assisted in these tasks by a Committee composed of representatives of the Member States and chaired by the Commission.

(2) Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

(3) The period laid down in Article 5(6) of Decision 1999/468/EC shall be three months.

(4) The Committee shall adopt its rules of procedure.

Article 17

Transposition

(1) Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [18 months after the date of its publication in the Official Journal]. They shall immediately forward to the Commission the text of those provision, together with a table correlating those provisions with this Directive.

(2) The provisions adopted by the Member States shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 18

Entry into force

This Directive shall enter into force on the twentieth day following the day of its publication in the Official Journal of the European Union.

Article 19

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX I

Safety measures as referred to in Article 3

1. Basis for deciding on safety measures

1.1. Safety parameters

1.1.1 Safety measures to be implemented in a tunnel shall be based on a systematic consideration of all aspects of the system composed of the infrastructure, operation, users and vehicles.

1.1.2. The following parameters shall be taken into account:

- tunnel length,

- number of tubes,

- number of lanes,

- cross-sectional geometry,

- vertical and horizontal alignment,

- type of construction,

- uni-directional or bi-directional traffic,

- traffic volume per tube (including its time distribution),

- risk of congestion (daily or seasonal),

- access time of the emergency services,

- presence and percentage of heavy goods vehicles,

- presence, percentage and type of dangerous goods traffic,

- characteristics of the access roads,

- lane width,

- speed considerations,

- geographical and meteorological environment.

1.1.3. When a tunnel has a special characteristic as regards the aforementioned parameters, a risk analysis according to Article 13 shall be carried out to establish whether additional safety measures and/or supplementary equipment is necessary to ensure a high level of tunnel safety. This risk analysis shall take into consideration possible accidents, which clearly affect safety of road users in tunnels which might occur during the operating stage and the nature and magnitude of their possible consequences.

1.2. Minimum requirements

1.2.1. At least the safety measures required by the following paragraphs shall be implemented in order to ensure a minimum safety level in all the tunnels concerned by the Directive. Limited deviations from these requirements may be allowed provided that the following procedure has been completed successfully: Member States or the Administrative Authority shall send to the Commission information on the following:

- the limited deviation(s) envisaged,

- the imperative reasons underlying the limited deviation envisaged,

- the alternative risk reduction measures which are to be used or reinforced in order to ensure at least an equivalent level of safety, including proof therefore in the form of an analysis of relevant risks.

The Commission transmits this request for a limited deviation to the Member States as soon as possible, and in any case within one month after its reception.

If, within a period of three months after reception of the request by the Commission, neither the Commission nor a Member State formulates objections, the limited deviation is considered accepted and the Commission shall inform all Member States accordingly. If objections are expressed, the Commission shall make a proposal in accordance with the procedure referred to in Article 17(2). Where the decision is negative, the limited deviation shall not be allowed.

1.2.2. In order to provide a unified interface in all tunnels to which this Directive applies, no deviation from the requirements of the following paragraphs shall be allowed regarding the design of the safety facilities at the disposal of the tunnel users (emergency stations, signs, lay-bys, emergency exits, radio re-broadcasting when required).

1.3. Traffic volume

1.3.1. Where "traffic volume" is mentioned in this Annex, it refers to the annual average daily traffic through a tunnel per lane. For the purpose of determining the traffic volume, each motor vehicle shall be counted as one unit.

1.3.2. Where the number of heavy goods vehicles over 3,5 t exceeds 15% of the annual average daily traffic, or a seasonal daily traffic significantly exceeds the annual average daily traffic, the additional risk will be assessed and taken into account by increasing the traffic volume of the tunnel for the application of the following paragraphs.

2. Infrastructure measures

2.1. Number of tubes and lanes

2.1.1. The main criteria in deciding whether to build a single or a twin-tube tunnel shall be projected traffic volume and safety, taking into account aspects such as percentage of heavy goods vehicles, gradient and length.

2.1.2. In any case, where, for tunnels at the design stage, a 15-year forecast shows that the traffic volume will exceed 10 000 vehicles per day and per lane, a twin-tube tunnel with unidirectional traffic shall be in place at the time when this value will be exceeded.

2.1.3. With the exception of the emergency lane, the same number of lanes shall be maintained inside and outside the tunnel. Any change in the number of lanes shall occur at a sufficient distance in front of the tunnel portal; this distance shall be at least the distance travelled in 10 seconds by a vehicle at the maximum allowed speed. When geographic circumstances prevent that this distance can be respected, additional and/or reinforced measures shall be taken to enhance the safety.

2.2. Tunnel geometry

2.2.1. Safety shall be specially taken into consideration when designing the cross-sectional geometry and the horizontal and vertical alignment of a tunnel and its access roads, as these parameters have a large influence on the probability and severity of accidents.

2.2.2. Longitudinal gradients above 5% shall not be permitted in new tunnels, unless no other solution is geographically possible.

2.2.3. In tunnels with gradients higher than 3%, additional and/or reinforced measures shall be taken to enhance safety on the basis of a risk analysis.

2.2.4. Where the width of the slow lane is less than 3,5 m and heavy goods vehicles are allowed, additional and/or reinforced measures shall be taken to enhance safety on the basis of a risk analysis.

2.3. Escape routes and emergency exits

2.3.1. In new tunnels without an emergency lane, emergency walkways, elevated or not, to be used by tunnel users in case of a breakdown or an accident shall be provided. This provision does not apply if the construction characteristics of the tunnel do not allow it or allow it only at disproportional cost and the tunnel is unidirectional and is equipped with a permanent surveillance and lane closure system.

2.3.2. In existing tunnels where there is neither an emergency lane nor an emergency walkway, additional and/or reinforced measures shall be taken to provide for safety.

2.3.3. Emergency exits allow tunnel users to leave the tunnel without their vehicles and reach a safe place in case of an accident or a fire and also provide an access on foot to the tunnel for emergency services. Examples of such emergency exits are:

- direct exits from the tunnel to the outside,

- cross-connections between tunnel tubes,

- exits to an emergency gallery,

- shelters with an escape route separate from the tunnel tube.

2.3.4. Shelters without an exit leading to escape routes to the open shall not be built.

2.3.5. Emergency exits shall be provided if an analysis of relevant risks including the smoke extension and spreading velocity under local conditions shows that the ventilation and other safety provisions are insufficient to ensure the safety of road users.

2.3.6. In any case, in new tunnels, emergency exits shall be provided where the traffic volume is higher than 2 000 vehicles per lane.

2.3.7. In existing tunnels longer than 1 000 m, with a traffic volume higher than 2 000 vehicles per lane, the feasibility and effectiveness of the implementation of new emergency exits shall be evaluated.

2.3.8. Where emergency exits are provided, the distance between two emergency exits shall not exceed 500 m.

2.3.9. Appropriate means, such as doors, shall prevent the propagation of smoke and heat into the escape routes behind the emergency exit, so that the tunnel users can safely reach the outside and the emergency services can have access to the tunnel.

2.4. Access for emergency services

2.4.1. In twin-tube tunnels where the tubes are at the same level or nearly, cross-connections shall be suitable for the use of emergency services at least every 1 500 m.

2.4.2. Wherever geographically possible, crossing of the central reserve (median strip) shall be made possible outside each portal of a twin- or multi-tube tunnel. This measure will allow emergency services to gain immediate access to either tube.

2.5. Lay-bys

2.5.1. For new bi-directional tunnels longer than 1 500 m where traffic volume is higher than 2 000 vehicles per lane, lay-bys shall be provided at distances which do not exceed 1 000 m, if emergency lanes are not foreseen.

2.5.2. In existing bi-directional tunnels longer than 1 500 m with a traffic volume higher than 2 000 vehicles per lane, which do not have emergency lanes, the feasibility and effectiveness of the implementation of lay-bys shall be evaluated.

2.5.3. If the construction characteristics of the tunnel do not allow it or allow it only at disproportionate cost, lay-bys do not have to be provided if the total tunnel width which is accessible to vehicles, excluding elevated parts and normal traffic lanes, is at least equal to the width of one normal traffic lane.

2.5.4. Lay-bys shall include an emergency station.

2.6. Drainage

2.6.1. The drainage of flammable and toxic liquids shall be provided for through well-designed slot gutters or other measures within the tunnel cross sections, where the transport of dangerous goods is permitted. Additionally, the drainage system shall be designed and maintained to prevent fire and flammable and toxic liquids from spreading inside a tube and between tubes.

2.6.2. If in existing tunnels, such requirements cannot be met or can be met only at disproportionate cost, this shall be taken into consideration when deciding whether to allow the transport of dangerous goods on the basis of an analysis of relevant risks.

2.7. Fire resistance of structures

The main structure of all tunnels where a local collapse of the structure can have catastrophic consequences, e.g. immersed tunnels or tunnels which can cause the collapse of important neighbouring structures, shall ensure a sufficient level of fire resistance.

2.8. Lighting

2.8.1. Normal lighting shall be provided so as to ensure an appropriate visibility for drivers in the entrance zone as well as in the interior of the tunnel during day and night.

2.8.2. Safety lighting shall be provided to allow a minimum visibility for tunnel users to evacuate the tunnel in their vehicles in case of a breakdown of the power supply.

2.8.3. Evacuation lighting, such as evacuation marker lights, at a height of no more than 1,5 m, shall guide tunnel users to evacuate the tunnel on foot, in case of emergency.

2.9. Ventilation

2.9.1. The design, construction and operation of the ventilation system shall take into account:

- the control of pollutants emitted by road vehicles, under normal and peak traffic flow,

- the control of the pollutants emitted by road vehicles in case the traffic is stopped due to an incident or an accident,

- the control of heat and smoke in case of a fire.

2.9.2. A mechanical ventilation system shall be installed in all tunnels longer than 1 000 m with a traffic volume higher than 2 000 vehicles per lane.

2.9.3. In tunnels with bi-directional and/or congested unidirectional traffic, longitudinal ventilation shall be allowed only if a risk analysis according to Article 13 shows it is acceptable and/or specific measures are taken, such as appropriate traffic management, shorter emergency exit distances, smoke exhausts at intervals.

2.9.4. Transverse or semi-transverse ventilation systems shall be used in tunnels where a mechanical ventilation system is necessary and longitudinal ventilation is not allowed according to 2.9.3. These systems shall be able to exhaust smoke in case of fire.

2.9.5. For tunnels with bi-directional traffic, with a traffic volume higher than 2 000 vehicles per lane, longer than 3 000 m and with a control centre and transverse and/or semi-transverse ventilation, the following minimum measures shall be taken as regards ventilation:

- air and smoke extraction dampers shall be installed which can be operated separately or in groups,

- the longitudinal air velocity shall be monitored constantly and the steering process of the ventilation system (dampers, fans, etc.) adjusted accordingly.

2.10. Emergency stations

2.10.1. Emergency stations are intended to provide various items of safety equipment, in particular emergency telephones and extinguishers, but are not intended to protect road users from the effects of fire.

2.10.2. Emergency stations can consist of a box on the sidewall or preferably a recess in the sidewall. They shall be equipped with at least an emergency telephone and two fire extinguishers.

2.10.3. Emergency stations shall be provided near the portals and inside at intervals which for new tunnels shall not exceed 150 m and which in existing tunnels shall not exceed 250 m.

2.11. Water supply

A water supply shall be provided for all tunnels. Hydrants shall be provided near the portals and inside at intervals which shall not exceed 250 m. If a water supply is not available, it is mandatory to verify that sufficient water is provided otherwise.

2.12. Road signs

Specific signs shall be used for all safety facilities provided for tunnel users. Signs and panels for use in tunnels are given in Annex III.

2.13. Control centre

2.13.1. A control centre shall be provided for all tunnels longer than 3 000 m with a traffic volume higher than 2 000 vehicles per lane.

2.13.2. Surveillance of several tunnels may be centralised into a single control centre.

2.14. Monitoring systems

2.14.1. Video monitoring systems and a system able to automatically detect traffic incidents (such as stopping vehicles) and/or fires shall be installed in all tunnels with a control centre.

2.14.2. Automatic fire detection systems shall be installed in all tunnels which do not have a control centre, where the operation of mechanical ventilation for smoke control is different from the automatic operation of ventilation for the control of pollutants.

2.15. Equipment to close the tunnel

2.15.1. In all tunnels longer than 1 000 m, traffic signals shall be installed before the entrances so that the tunnel can be closed in case of an emergency. Additional means, such as variable message signs and barriers, can be provided to ensure appropriate obedience.

2.15.2. Inside all tunnels longer than 3 000 m, with a control centre and a traffic volume higher than 2 000 vehicles per lane, equipment to stop vehicles in case of an emergency is recommended at intervals not exceeding 1 000 m. This equipment shall consist of traffic signals and possibly additional means, such as loudspeakers, variable message signs and barriers.

2.16. Communication systems

2.16.1. Radio re-broadcasting equipment for emergency service use shall be installed in all tunnels longer than 1 000 m with a traffic volume higher than 2 000 vehicles per lane.

2.16.2. Where there is a control centre, it shall be possible to interrupt radio re-broadcasting of channels intended for tunnel users, if available, in order to give emergency messages.

2.16.3. Shelters and other facilities where evacuating tunnel users must wait before they can reach the outside shall be equipped with loudspeakers in order to inform users.

2.17. Power supply and electrical circuits

2.17.1. All tunnels shall have an emergency power supply able to ensure the functioning of safety equipment which is indispensable for the evacuation until all users have evacuated the tunnel.

2.17.2. Electrical, measurement and control circuits shall be designed in such a way that a local failure, such as that due to a fire, does not affect unimpaired circuits.

2.18. Fire resistance of equipment

The level of fire resistance of all tunnel equipment shall take into account the technological possibilities and aim at maintaining the necessary safety functions in case of a fire.

2.19. Table displaying informative summary of minimum requirements

The table hereafter gives an informative summary of the minimum requirements of the previous paragraphs. The minimum requirements are those set out in the operative text of this Annex.

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3. Measures concerning operations

3.1. Operating means

The operation shall be organised and have appropriate means so as to ensure the continuity and safety of the traffic through the tunnel. The personnel involved in the operation as well as the emergency services shall receive appropriate initial and continuous training.

3.2. Emergency planning

Emergency response plans shall be available for all tunnels. In tunnels starting and finishing in different Member States, a single bi-national emergency response plan shall involve the two countries.

3.3. Works in tunnels

Complete or partial closure of lanes due to construction or maintenance works planned in advance shall always begin outside the tunnel. Variable message signs, traffic signals and mechanical barriers may be used for this purpose.

3.4. Management of accidents and incidents

In the event of a serious accident or incident, all appropriate tunnel tubes shall be closed immediately to traffic.

This shall be done by simultaneous activation not only of the abovementioned equipment before the portals, but also of variable message signs, traffic signals and mechanical barriers inside the tunnel, if available, so that all the traffic can be stopped as soon as possible outside and inside the tunnel. In tunnels of less than 1 000 m, the closure may be effectuated by other means. Traffic shall be managed in such a way that unaffected vehicles can quickly leave the tunnel.

The access time for emergency services in the event of an incident in a tunnel shall be as short as possible and shall be measured during periodic exercises. In addition, it may be measured during incidents. In major bi-directional tunnels with high traffic volumes, a risk analysis according to Article 13 shall establish whether emergency services shall be stationed at the two extremities of the tunnel.

3.5. Activity of the control centre

For all tunnels requiring a control centre, including those starting and finishing in different Member States, a single control centre shall have full control at any given time.

3.6. Tunnel closure

In the event of tunnel closure (long or short-term), users shall be informed of the best alternative itineraries, by means of easily accessible information systems.

Such alternative itineraries shall form part of systematic contingency plans. They should aim to maintain traffic flow as much as possible and minimise secondary safety effects on the surrounding areas.

Member States should make all reasonable efforts to avoid a situation in which a tunnel located on the territory of two Member States can not be used due to the consequences of bad weather conditions.

3.7. Transport of dangerous goods

The following measures shall be applied concerning access into tunnels of vehicles transporting dangerous goods, as defined in the relevant European legislation regarding the transport of dangerous goods by road:

- perform a risk analysis in accordance with Article 13 before the regulations and requirements regarding dangerous goods through a tunnel are defined or modified;

- place appropriate signs to enforce the regulation before the last possible exit before the tunnel and at tunnel entrances, as well as in advance to allow drivers to choose alternative routes;

- consider specific operating measures designed to reduce the risks and related to all or of the vehicles transporting dangerous goods in tunnels, such as declaration before entering or passage in convoys escorted by accompanying vehicles, on a case by case basis further to the aforementioned risk analysis.

3.8. Overtaking in tunnels

A risk analysis shall be carried out in order to decide whether heavy goods vehicles should be allowed to overtake in tunnels with more than one lane in each direction.

3.9. Distances between vehicles and speed

The appropriate speed of vehicles and the safe distance between them are especially important in tunnels and shall be given close attention. This shall include advising tunnel users of appropriate speeds and distances. Enforcement measures shall be initiated as appropriate.

Road users driving passenger cars should maintain under normal conditions a minimum distance equivalent to the distance travelled by a vehicle in 2 seconds from the vehicle in front of them. For heavy goods vehicles these distances should be doubled.

When traffic stops in a tunnel, road users should maintain a minimum distance of 5 metres to the vehicle in front, except if this is not possible due to an emergency stop.

4. Information campaigns

Information campaigns regarding safety in tunnels shall be regularly organised and implemented in conjunction with interested parties on the basis of the harmonised work of international organisations. These information campaigns shall cover the correct behaviour of road users when approaching and driving through tunnels, especially in connection with vehicle breakdown, congestion, accidents and fires.

Information on the safety equipment available and proper road user behaviour in tunnels shall be provided in convenient places for tunnel users (for example at rest areas before tunnels, at tunnel entrances when the traffic is stopped or on the internet).

Annex II

Approval of the design, safety documentation, commissioning of a tunnel, modifications and periodic exercises

1. Approval of the design

1.1. The provisions of this Directive shall be applied from the preliminary design stage onward.

1.2. Before any construction work begins, the Tunnel Manager shall compile the safety documentation described under 2.2 and 2.3 for a tunnel at the design stage and shall consult the Safety Officer. The Tunnel Manager shall submit the safety documentation to the Administrative Authority and attach the opinion of the Safety Officer, and/or of the Inspection Entity when available.

1.3. The design, as appropriate, shall be approved by the responsible authority, which shall inform the Tunnel Manager and the Administrative Authority of its decision.

2. Safety documentation

2.1. The Tunnel Manager shall compile safety documentation for each tunnel and keep it permanently up-to-date. He shall provide a copy of the safety documentation to the Safety Officer.

2.2. The safety documentation shall describe the preventive and safeguard measures needed to ensure the safety of users, taking into account people with reduced mobility and disabled people, the nature of the route, the configuration of the structure, its surroundings, the nature of the traffic and the scope for action by the emergency services defined in Article 2 of the Directive.

2.3. In particular, the safety documentation for a tunnel at the design stage shall include:

- a description of the planned structure and access to it, together with the plans necessary for understanding its design and anticipated operating arrangements,

- a traffic forecast study specifying and justifying the conditions expected for the transport of dangerous goods, together with the risk analysis requested by point 3.7 of Annex I,

- a specific hazard investigation describing accidents which clearly affect safety of road users in tunnels which might occur during the operating stage and the nature and magnitude of their possible consequences; this investigation must specify and substantiate measures for reducing the likelihood of accidents and their consequences,

- an opinion on safety from an expert or organisation specialising in this field, which could be the Inspection Entity.

2.4. The safety documentation for a tunnel which is at the commissioning stage shall also include besides those at design stage:

- a description of the organisation, human and material resources and instructions specified by the Tunnel Manager to ensure operation and maintenance of the tunnel,

- an emergency response plan drawn up jointly with the emergency services which also takes into account people with reduced mobility and disabled people,

- a description of the system of permanent feedback of experience through which significant incidents and accidents can be recorded and analysed.

2.5. The safety documentation for a tunnel which is in operation shall also include besides those at commissioning stage:

- a report and analysis on significant incidents and accidents, which have taken place since the entry into force of this Directive,

- a list of the safety exercises carried out and an analysis of the lessons learned from them.

3. Commissioning

3.1. The initial opening of a tunnel to public traffic shall be subject to authorisation by the Administrative Authority (commissioning) in accordance with the following procedure.

3.2. This procedure also applies to the opening of a tunnel to public traffic after any major change in construction and operation or any substantial modification work on the tunnel which might significantly alter any of the constituent components of the safety documentation.

3.3. The Tunnel Manager shall transmit the safety documentation mentioned under 2.4 to the Safety Officer, who shall give his opinion on the opening of the tunnel to public traffic.

3.4. The Tunnel Manager shall forward this safety documentation to the Administrative Authority, and shall attach the opinion of the Safety Officer. The Administrative Authority shall decide whether or not to authorise the opening of the tunnel to public traffic, or whether to do so with restrictive conditions, and shall notify this to the Tunnel Manager. A copy of this decision shall be forwarded to the emergency services.

4. Modifications

4.1. For any substantial modification in the structure, equipment or operation, which might significantly alter any of the constituent components of the safety documentation, the Tunnel Manager shall ask for a new authorisation of operation following the procedure described under 3).

4.2. The Tunnel Manager shall inform the Safety Officer of any other change in construction and operation. Furthermore, prior to any modification work on the tunnel, the Tunnel Manager shall provide the Safety Officer with documentation detailing the proposals.

4.3. The Safety Officer shall examine the consequences of the modification and in any event give his opinion to the Tunnel Manager, who shall send a copy to the Administrative Authority and to the emergency services.

5. Periodic exercises

The Tunnel Manager and the emergency services shall, in cooperation with the Safety Officer, organise joint periodic exercises for tunnel staff and the emergency services.

Exercises:

- should be as realistic as possible and should correspond to the defined incident scenarios,

- should yield clear evaluation results,

- should prevent any damage to the tunnel,

- may also, in part, be conducted as table top or computer simulation exercises for complementary results.

(a) Full scale exercises under conditions that are as realistic as possible shall be conducted in each tunnel at least every four years. Tunnel closure will only be required if acceptable arrangements can be made for diverting traffic. Partial and/or simulation exercises shall be conducted every year in between. In areas where several tunnels are located in close proximity to each other, the full scale exercise must be conducted in at least one of those tunnels.

(b) The Safety Officer and the emergency services shall evaluate jointly these exercises draw up a report and make appropriate proposals.

Annex III

Signing for tunnels

1. General requirements

The following are road signs and symbols to be used for tunnels. Road signs mentioned in this section are described in the Vienna Convention on Road Signs and Signals of 1968, unless otherwise specified.

In order to facilitate international understanding of signs, the system of signs and signals prescribed in this Annex is based on the use of shapes, and colours characteristic of each class of sign and wherever possible, on the use of graphic symbols rather than inscriptions. Where Member States consider it necessary to modify the signs and symbols prescribed, the modifications made shall not alter their essential characteristics. Where Member States do not apply the Vienna Convention, the prescribed signs and symbols may be modified, provided that the modifications made shall not alter their essential intent.

1.1. Road signs shall be used to designate the following safety facilities in tunnels:

Lay-bys;

Emergency exits: the same sign shall be used for all kinds of emergency exits;

Escape routes: the two nearest emergency exits shall be signed on the sidewalls at distances of no more than 25 m, at a height of 1,0 to 1,5 m above escape route level, with an indication of the distances to the exits;

Emergency stations: signs to indicate the presence of emergency phones and fire extinguishers.

1.2. Radio:

In tunnels where users can receive information via their radio, appropriate signs placed before the entrance shall inform users on how to receive this information.

1.3. Signs and markings shall be designed and positioned so that they are clearly visible.

2. Description of signs and panels

Member States shall use appropriate signs, if necessary, in the advance warning area of the tunnel, inside a tunnel and after the end of a tunnel. When designing the signs of a tunnel local traffic and construction conditions as well as other local conditions shall be considered. Signs according to the Vienna Convention on Road Signs and Signals shall be used, except in Member States which do not apply the Vienna Convention.

2.1. Tunnel sign

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// The following sign shall be put at each entrance of the tunnel:

Sign E11A for Road Tunnels of the Vienna Convention;

The length shall be included either in the lower part of the panel or on a additional panel H2.

For tunnels over 3 000 m, the remaining length of the tunnel shall be indicated every

1 000 m.

The name of the tunnel may also be indicated.

2.2. Horizontal signing

Horizontal delineation should be used at the roadside edge.

In the case of bi-directional tunnels, clearly visible means should be used along the median line (single or twin) separating the two directions.

2.3. Signs and panels for signing of facilities

Emergency stations

Emergency stations shall bear informative signs, which shall be F signs according to the Vienna Convention and indicate the equipment available to road users, such as:

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In emergency stations which are separated from the tunnel by a door, a clearly legible text, written in appropriate languages, shall indicate that the emergency station does not ensure protection in case of fire. An example is given below:

"THIS AREA DOES NOT PROVIDE

PROTECTION FROM FIRE

Follow signs to emergency exits"

Lay-bys

The signs to indicate lay-bys should be E signs according to the Vienna Convention. Telephones and fire extinguishers shall be indicated by an additional panel or incorporated in the sign itself.

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//

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Emergency exits

The signs to indicate "Emergency exits" should be G signs according to the Vienna Convention. Examples are shown below:

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//

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It is also necessary to sign the two nearest exits on the sidewalls. Examples are shown below.

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//

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Lane signals

These signs can be circular or rectangular

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Variable message signing

Any variable message signs shall have clear indications to inform tunnel users of congestion, breakdown, accident, fire or any other hazards.