IMPLICATIONS OF THE EU SAFETY DIRECTIVE

The announcement of draft minimum safety standards for European road network tunnels by the European Union (EU) marks a first step towards widespread agreement on the minimum steps required to meet tunnel safety concerns. The directive was inspired by a series of tunnel disasters in recent years and is likely to have repercussions beyond the Continent. A common platform will enable uniformity in trans- Alpine projects and put a stop to standards-shopping where safety requirements are piecemealed. Along with the standards are requirements that compliance officers be identified for each project so that responsibility can be determined and accountability ensured. An Administrative Authority would be set up and it would appoint a tunnel manager, which will be responsible for achieving compliance with operational tunnels, not just new construction. For tunnels under control of non-governmental entities, the directive creates an obligation for them to comply as well. It stipulates ventilation standards for different types of tunnels. However, it is still a minimum bar, and states with more stringent requirements should not be able to let their rules relax to this lower level. It is anticipated that the legal process will force more stringent rules if the EU does not do so proactively.