S.L. 499.60 Art. 9Risk analysis. 1. Basis 1.1. 1.1.1. systematic operation, 1.1.2. The - - - - - - - - - - - - - - - - 1.1.3. parameters, a establish necessary to consideration tunnels and magnitude of 1.2. 1.2.1. The implemented tunnels may be The Authority - - - to the request by the objections, the inform the shal

(1) Where certain structural requirements laid down in the First Schedule can only be satisfied through technical solutions which either cannot be achieved or can be achieved only at disproportionate cost, the Authority may accept the implementation of risk reduction measures, provided that such measures will result in equivalent or improved protection.

(2) The efficiency of these measures shall be demonstrated through a risk analysis in conformity with this regulation.

(3) The risk analysis, where necessary, shall be carried out by a body which is functionally independent from the Tunnel Manager.

(4) The risk analysis shall take into account all design factors and traffic conditions that affect safety, notably traffic characteristics and type, tunnel length and tunnel geometry, as well as the forecast number of heavy goods vehicles each day.

(5) The content and results of the risk analysis shall be included in the safety documentation submitted to the Authority. FIRST SCHEDULE

(Regulations 3 and 9) Safety measures for deciding on safety measures

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

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 for 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. Where a tunnel has a special characteristic as regards the aforementioned risk analysis shall be carried out in accordance with regulation 9 to whether additional safety measures and, or supplementary equipment is ensure a high level of tunnel safety. This risk analysis shall take into possible accidents, which clearly affect the safety of road users in which might occur during the operating stage and the nature and their possible consequences.

Minimum requirements safety measures required by the following paragraphs shall be at a minimum in order to ensure a minimum level of safety in all the covered by these regulations. Limited derogations from these requirements allowed provided that the following procedure is completed successfully. shall send to the European 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 Authority as soon as possible, and in any case within one month of receipt. If, within a period of three months after receipt of the Commission, neither the Commission nor the Authority formulates limited derogation shall be deemed granted and the Commission shall Authority accordingly. If objections are expressed, the Commission proposal in accordance with the procedure referred to in articles 5 and Decision 1999/468/EC laying down the procedures for the exercise of powers conferred on the Commission. Where the decision is negative, derogation shall not be allowed. 1.2.2. In order to provide a unified interface in all tunnels to regulations apply, no derogation from the requirements of the following shall be allowed regarding the design of the safety facilities at the tunnel users (emergency stations, signs, lay-bys, emergenc rebroadcasting when required). 1.3. Traffic volume

1.3.1. Where "traffic volume" is mentioned in this Schedule, it annual average daily traffic through a tunnel per lane. For the determining the traffic volume, each motor vehicle shall be counted as Where the number of heavy goods vehicles over 3.5 tons exceeds the annual average daily traffic, or seasonal daily traffic significantly annual average daily traffic, the additional risk will be assessed account by increasing the traffic volume of the tunnel for the application following paragraphs.