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Division 1.2.1 The safety measures required by the following paragraphs shall be implemented at a minimum in order to ensure a minimum level of safety in all the tunnels covered by the Directive. Limited derogations from these requirements may be allowed provided that the following procedure is completed successfully.X1

United Kingdom

Original text. Later amendments are not shown.

Member States or the administrative authority shall send to the Commission information on the following:

  • the limited derogation(s) envisaged,

  • the imperative reasons underlying the limited derogation 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 therefor in the form of an analysis of relevant risks.

The Commission shall transmit any request for a limited derogation to the Member States as soon as possible, and in any case within one month of receipt.

If, within a period of three months after receipt of the request by the Commission, neither the Commission nor a Member State formulates objections, the limited derogation shall be deemed granted 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 derogation shall not be allowed.

Annotations

Editorial notes

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Substituted by Corrigendum to Directive 2004/54/EC of the European Parliament and of the Council of 29 April 2004 on minimum safety requirements for tunnels in the trans-European road network (Official Journal of the European Union L 167 of 30 April 2004).