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The applicant is a legal entity which orders the design and/or construction or the renewal or upgrade of a subsystem. The applicant shall submit an application for the issue of:
- the opinion of the safety authority when obtaining a building permit,
- the decision on the need to issue a new authorisation for placing in service of fixed installations,
- the decision to grant a new authorisation for placing in service of fixed installations.
The procedure of issuing an authorisation for placing in service of fixed installations is managed and ultimately decided by the national safety authority (AŽP).
All applications must be submitted in paper or digitalised form to gp.azp@azp.si or to the headquarters of the safety authority, Javna agencija za železniški promet Republike Slovenije, Kopitarjeva 5, 2000 Maribor.
Where the application is submitted in digitalised form, the project and other documentation must be in PDF/A-2b format. Files are named with acronyms of no more than 15 characters to indicate their content. When naming files, do not use letters with a caron and the following characters: space \ /: * ? “ < > I,;: = [ ]. %. The file names in each folder, including the address folders, must not exceed 150 characters. The project documentation and Proof of the reliability of the process in electronic form shall be organised and labelled in the manner prescribed by the Regulations governing project and other documentation and forms in the construction of facilities.
The digitalised documentation is usually submitted via the portal.
The authorisation for placing in service of fixed installations can be obtained through two procedures, which are described below.
Where ERTMS projects are to be implemented on the trackside control-command and signalling subsystem, the application must be accompanied by a positive decision from ERA (European Union Agency for Railways). For instructions on how to obtain proof of a positive ERA decision, please follow this link: https://eur-lex.europa.eu/legal-content/SL/TXT/PDF/?uri=CELEX:32018H0719(01)&from=EN.
Procedure for obtaining a building permit
In the case of renewal, upgrading or construction of subsystems for which a building permit must be obtained in accordance with the regulations on construction of facilities, the project documentation shall be accompanied, for the purposes of ensuring interoperability and safety of rail transport, by an opinion of the safety authority issued on the basis of evidence referred to in Annex.
The safety authority shall decide whether a new authorisation for placing in service is needed, taking into account the following criteria:
- the overall safety level of the subsystem concerned may be adversely affected by the works envisaged;
- it is required by the relevant TSIs;
- it is required by the national implementation plan;
- changes are made to the values of the parameters on the basis of which the authorisation was already granted.
If the decision of the safety authority indicates that a new authorisation for placing in service is required, the applicant shall, after completion of the works, submit to the safety authority an application for authorisation for placing in service with the relevant documentation referred to in annex.
Procedure of maintenance works for the public benefit
In the case of renewal, upgrading or construction of subsystems under the procedure of maintenance works for the public benefit, the applicant shall apply to the safety authority for a decision on the need for a new authorisation for placing in service of fixed installations or parts thereof in service prior to the invitation to tender for the execution of the envisaged works. The application must be accompanied by the relevant documentation from annex.
The safety authority shall decide whether a new authorisation for placing in service is needed, taking into account the following criteria:
- the overall safety level of the subsystem concerned may be adversely affected by the works envisaged;
- it is required by the relevant TSIs;
- it is required by the national implementation plan;
- changes are made to the values of the parameters on the basis of which the authorisation was already granted.
The works envisaged can only be started following a final decision by the safety authority on the need for a new authorisation for placing in service of fixed installations.
If a new authorisation for placing in service is required in the procedure of maintenance works for the public benefit, the applicant shall submit with the application for authorisation for placing in service the documentation with the relevant supporting evidence referred to in annex.
In the event that a new authorisation for placing in service in the procedure of maintenance works for the public benefit is not required, the infrastructure manager and the investment management body must ensure safe integration of the subsystem or part of the subsystem after the completion of the work according to the procedures laid down by the SMS and shall inform the safety authority of the integration.
In the case of a building permit procedure, the safety authority shall issue an opinion on the project documentation for the building permit no later than one month after receipt of a complete application.
In the case of a procedure of maintenance works for the public benefit, the safety authority shall notify the applicant that the application is complete or request that the application be completed within one month of receipt of the application at the latest. The safety authority shall take a decision on the application no later than four months after receipt of a complete application.
Pursuant to Article 24(1) of the Administrative Fees Act (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 106/10–officially consolidated text, 14/15–ZUUJFO, 84/15–ZZelP-J, 32/16, 30/18–ZKZaš and 189/20–ZFRO), a party is exempt from the payment of a fee for the issuance of a decision or for any complaint against a decision
The decision may be appealed within 15 days of its notification to the second instance body–the Ministry of Infrastructure of the Republic of Slovenia Ministrstvo za infrastrukturo Republike Slovenije, Langusova 4, 1535 Ljubljana. The appeal shall be lodged in writing or orally on the record with the Public Agency of the Republic of Slovenia for Railway Transport–Javna agencija za železniški promet Republike Slovenije, Kopitarjeva ulica 5, Maribor.