2.
In addition to serious accidents, the investigating body referred to in Article 21 may investigate those accidents and incidents which under slightly different conditions might have led to serious accidents, including technical failures of the structural subsystems or of interoperability constituents of the trans-European high-speed or conventional rail systems. The investigating body shall, at its discretion, decide whether or not an investigation of such an accident or incident shall be undertaken. In its decision it shall take into account: the seriousness of the accident or incident; whether it forms part of a series of accidents or incidents relevant to the system as a whole; its impact on railway safety on a Community level, and requests from infrastructure managers, railway undertakings, the safety authority or the Member States.
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Source: EUR-Lex (Cellar) · retrieved 2026-10-29 · Text as adopted (Official Journal); later amendments are not incorporated in this text.