- Her response to Contract 717, the GSM-R radio communication system, the failure to limit train speeds, and the appointment of two station masters instead of one during the night shift at Larissa Station
Transfer of responsibility between OSE and the Ministry of Transport
by Eleni Karanikola Kontorouzi
Her written statement also reveals a significant development: the renewed rejection of national regulations by the European Union Agency for Railways (ERA). It is worth noting that Ms. Tsiaparikou is charged with the felony of disrupting transport safety, as well as multiple counts of negligent homicide, grievous bodily harm, and minor bodily harm.
Following her testimony in recent days, she was released under restrictive conditions imposed by the judicial authorities. In essence, during her testimony, the President of RAS, Ioanna Tsiaparikou – who is the only person from the Authority to be charged and the only one summoned by the investigator (which is not reflected in the other entities involved) – denied any involvement in the serious charges brought against her.
The charges and the statements
The charges against Ioanna Tsiaparikou specifically mention certain systems and safety measures that were not operational at the time of the accident. These include signaling, remote control, the GSM-R communication system, and other measures such as reducing train speeds, appointing two station masters during the night shift, and establishing a new national rule.-
Regarding signaling and remote control, Tsiaparikou argued in her testimony that these systems were not operational before she took over the presidency of the authority, contrary to the indictment’s claim that the malfunction began in 2019. She also pointed out that the infamous contract 717 between ERGOSE and the contractor was signed to deal with these security systems.
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Regarding the GSM-R radio communication system on trains, she explained that GAIAOSE (the holder of the rolling stock) has to submit a request in order for RAS to issue the necessary authorizations. Tsiaparikou mentioned that as of February 28, 2023, no application had been submitted for the specific trains involved in the accident, while GAIAOSE had submitted applications for other trains just days before the Tempi accident.
Regarding the third charge, which relates to the failure to reduce the speed of trains and the appointment of two stationmasters instead of one during the night shift at Larissa station, Tsiaparikou clarified in her memorandum that “these measures are not preconditions for safe railway operations under the General Traffic Regulation (and therefore their implementation was not mandatory). The regulation of these matters is the responsibility of the infrastructure manager, not RAS. -
On the crucial issue of establishing national rules, Tsiaparikou stated that RAS has only an advisory (not a decisive) role, and that “the establishment of national rules is done by a decision of the competent minister, following a recommendation from the infrastructure manager and an opinion from RAS. No such recommendation was ever made to the RAS, nor was there any reason for it to be made”.
She also argued that the indictment was “contradictory, as on the one hand I am accused of not imposing on OSE the speed restriction for trains on the relevant section by issuing a circular for reduced speed, as well as appointing two stationmasters during the night shift at Larissa station. On the other hand, I am accused of failing to recommend to the Minister of Infrastructure and Transport the introduction of new national regulations on the same issues. In other words, I am accused of failing to act to enforce an existing rule, while at the same time I am accused of failing to act to establish a new rule on the same issues”.
The Warning Letters
In support of her claim that the RAS’s role is primarily supervisory and advisory, Tsiaparikou pointed to the agency’s understaffing, lack of resources, and inadequate technical equipment and specialized personnel. She stressed that without these, the RAS could not have taken on broader responsibilities. The European Union Agency for Railways (ERA) echoed these concerns in its report, noting: “The Agency found that the powers and capacities of the RAS to carry out this task (such as legal and administrative tools and resources) are limited”. At the time of the accident, RAS had a total of 19 employees, of which 6 were in the Railway Safety Department (one of whom was the Director General). In addition, Tsiaparikou pointed out that the Secretary General of the Ministry of Infrastructure and Transport, Ioannis Xifaras, had been informed of these problems in a letter from RAS in July 2021. Similarly, Panagiotis Pikramenos, the then Vice President of the Government, was told by a memorandum from RAS in April 2021.
Responsibilities of the OSE and the Ministry of Transportation
In reviewing the written statement submitted by the President of RAS to the Appeals Investigator (PDF here), one finds references to the responsibilities of OSE and the Department of Transportation. The statement explicitly cites that, according to Article 1, paragraph 3 of Law 2671/1998, the duties of the OSE include, among others, the management of railway traffic regulation and safety systems. In addition, Article 3, case 2 of Law 4408/2016 defines the infrastructure manager as any entity or company responsible for the operation, maintenance, improvement, and renovation of the railway infrastructure within a network, as well as its development following the rules established by the Ministry of Infrastructure and Transport within the framework of its general policy on infrastructure development and financing. The Ministry of Infrastructure and Transport also has clear responsibilities in the area of railway safety. The Memorandum of Understanding specifically states that “both the companies in this framework – OSE S.A. and ERGOSE S.A. – and the railway market as a whole shall be supervised in their activities and responsibilities by the Ministry of Infrastructure and Transport” (paragraph 2, section a of Article 40 of Law 4974/2022). In addition, “the Ministry of Infrastructure and Transport shall be responsible for defining the conditions, the financial framework and the strategic priorities for the railway sector” (art. 40, para. 3, Law 4974/2022).
ERA rejects national rules again
As we approach the second anniversary of the Tempi tragedy, in which 57 of our fellow citizens lost their lives in a violent incident, a significant new development has emerged from the Tempi case file. Ms. Tsiaparikou has produced a document that indicates that the ERA has once again rejected the national safety regulations. The European Agency operates under a philosophy that is completely different from the Greek approach, which is based on the notion that the organizations themselves must be responsible for their operations. As a result, the ERA rejected all 34 rules proposed by the Ministry of Transport after a negative assessment.
Greece has two months until November 29 (with an option for extension) to respond and ultimately accept or reject ERA’s assessment. On the other hand, RAS assumes that the national rules are in place since the Ministry has not rejected them. In fact, these rules are listed as under evaluation on the ERA platform. These are serious considerations that need to be evaluated to ensure the safe operation of the rail network and the safety of passengers traveling on it.
