Joint letter from ERFA and UIP to the European Commission
The UIP and ERFA have been informed by the Italian Member Association (ASSOFERR) about the introduction of an illegal and unjustified restriction for ECM (Entity in Charge of Maintenance) by Trenitalia implying a limitation of the free movement of dangerous goods vehicles (RID wagons) in Italy (see attached letter, as appendix 1 and the corresponding answer from our Italian member association as appendix 2).
Despite the entry into force of legislation 445/2011/EC on a system of certification of entities in charge of maintenance for freight wagons and amending Regulation (EC) No 653/2007, Trenitalia introduces in its own safety management system requirements which clearly violates Article 12 (6) of the EU regulation, according to which the socalled "Self-declaration of conformity of ECM" are recognized equivalent to the certification under either the directive 445/2011/EC or the ECM Memorandum of Understanding till 31st May 2013. This alternative is valid since May 2011 as direct EU law also in Italy and was agreed by the sector as well as by the member states through the RISC decision. Furthermore, a given time limit of less than 1 week to organize the situation for all Self-declared ECM is totally impractical and unrealistic.