Royal Decree 1072/2014, of December 19, which creates the State Railway Safety Agency and approves its Statute.
http://www.boe.es/boe/dias/2014/12/23/pdfs/BOE-A-2014-13360.pdf
Article 9. Competences.
- The State Railway Safety Agency shall exercise, as the responsible authority for railway safety, the following competences:
a) Ensure the general maintenance of safety in circulation on the General Interest Railway Network by supervising compliance with the obligations of the different actors in this matter.
b) Authorize the entry into service of the structural subsystems that make up the railway system and verify that they maintain their requirements.
c) Supervise compliance with the essential requirements by interoperability components.
d) Authorize the commissioning of vehicles.
e) Issue, renew, modify or revoke safety certificates for railway companies, as well as supervise them afterwards.
f) Issue, renew, modify or revoke safety authorizations for infrastructure managers, as well as supervise them afterwards.
g) Propose, develop and develop the safety regulatory framework and supervise its compliance by the agents of the railway system, as well as formulate proposals, guidelines and regulatory recommendations, including technical specifications for railway subsystems.
h) Monitor safety objectives and levels through accident indicators and statistics, as well as prepare reports on railway transport safety.
i) Organize and manage the Railway Special Register, as well as supervise the proper registration of railway personnel and the registration of rolling stock and inventories, statistics and databases related to railway transport safety, including infrastructure inventories.
j) Grant homologation and, where appropriate, suspend and revoke, training centers and psycho-physical recognition centers for railway personnel.
k) Grant homologation and, where appropriate, suspend and revoke maintenance centers, as well as certify maintenance entities.
l) Exercise the competences of the Ministry of Public Works regarding railway personnel, and in particular, grant, renew, suspend and revoke licenses and driving titles for railway personnel, as well as propose the content of the tests for obtaining enabling titles for railway personnel, approve the minimum contents of the training programs for obtaining the qualifications and the psychophysical capacity conditions for the certification of personal aptitude assessment.
m) Assist and participate in the working groups of the European Railway Agency and other national and international organizations related to railway transport safety or interoperability.
n) Exercise the competences of the Ministry of Public Works regarding the transport of dangerous goods by rail.
o) Exercise the competences corresponding to the Ministry of Public Works regarding the defense of the railway public domain and the modification of the building limit line, without prejudice to the competences of the railway infrastructure manager.
p) Exercise sanctioning powers in railway safety matters.
q) All those functions assigned to it, especially in railway safety matters.
- The State Railway Safety Agency is also responsible for granting, suspending and revoking licenses to railway companies, as well as authorizations for other candidates other than these, including the preparation and initiative of regulatory projects regarding the request and justifying documentation of licenses.
- The Agency will provide technical assistance and collaborate with the Ministry of Public Works in the exercise of its railway competences.
- The competences referred to in paragraphs 1 and 2 may not be transferred or subcontracted to any infrastructure manager, railway company, or awarding entity.
Article 26. Operational Bodies.
- The operational bodies of the Agency shall be as follows:
a) Sub-Directorate-General of Infrastructures, responsible for exercising functions related to the issuance of safety authorizations for infrastructure managers and their subsequent supervision, as well as everything related to infrastructure and fixed equipment. In particular, it will perform the functions related to paragraphs a), b), c), f), g), h), and p) of Article 9.1, within the scope of its functions.
b) Sub-Directorate-General of Railway Safety Coordination, responsible for exercising functions related to the issuance of licenses and safety certificates for railway companies and their subsequent supervision, authorizations for candidates other than railway companies, as well as everything related to rolling stock, its maintenance and railway personnel and their associated centers.
It will also be responsible for the overall monitoring of railway system safety, through safety reports and the evaluation of safety indicators. Likewise, it will perform the functions of the Agency related to railway operation and safety systems. It will make regulatory proposals in railway safety matters and coordinate the development of technical operating procedures, as well as the external representation of the Agency. It will also be responsible for the management of the Railway Special Register and the processing of procedures related to dangerous goods. In particular, it will perform the functions provided for in paragraphs a), c), d), e), g), h), i), j), k), l), m), n), and p) of Article 9.1, within the scope of its competences and, where appropriate, in cooperation with the Infrastructure Sub-Directorate, and Article 9.2.
- In addition, the Agency shall have an Administration Division, directly dependent on its Director, which shall carry out support tasks for the Directorate and the Governing Council, as well as the management functions entrusted to it.