32016L0797

WHAT IS THE AIM OF THE DIRECTIVE?

• It sets out the conditions to be met to achieve interoperability¹ within the European Union (EU) rail system and defines the subsystems, both structural² and functional³, that make up that system.
• It aims to facilitate, improve and develop rail transport services within the EU and with non-EU countries, thereby contributing to the completion of the single European railway area and to the shift to more efficient types of transport.
• The directive is one of three legislative acts covering the technical aspects of the fourth railway package, which aims to revitalise the rail sector and deliver a better quality of service and more choice to passengers. It works alongside Regulation (EU) 2016/796 on the European Union Agency for Railways (see summary) and Directive (EU) 2016/798 on railway safety (see summary).

KEY POINTS

Scope

• The directive applies to the rail systems in EU Member States, including:
  • vehicles and infrastructure;
  • energy;
  • signalling systems and telematics⁴ applications (e.g. ticketing systems) for freight and passengers;
  • accessibility for persons with reduced mobility;
  • noise issues.
• It does not apply to:
  • metros;
  • trams, light rail vehicles or infrastructure used exclusively by these vehicles;
  • networks that are functionally separated from the EU rail system and that are intended to operate only local, urban or suburban passenger services, or companies that operate solely on these networks.

Harmonised requirements

The directive sets out conditions relating to:

• the design, construction, placing in service, upgrading, renewal, operation and maintenance of the parts of the system; and
• the professional qualifications and health and safety conditions of the staff who contribute to its operation and maintenance.

These conditions take the form of harmonised requirements covering:

• essential requirements with regard to:
  • safety (e.g. components such as brakes),
  • reliability and availability (e.g. monitoring and maintaining essential components),
  • human health and environmental protection,
  • technical compatibility and operation of the system,
  • accessibility;
• technical specifications for interoperability for each subsystem or part of a subsystem;
• related EU standards and other documents allowing the bodies involved to prove their compliance with the essential requirements and technical specifications for interoperability.

Conformity

The directive sets out the procedures relating to interoperable components and systems covering:

• conditions for being placed on the market;
• conformity or suitability for use;
• procedures in cases of non-compliance with essential requirements.

Specific technical aspects

The European Commission has adopted a series of regulations that supplement Directive (EU) 2016/797 with regard to technical aspects.

• Regulation (EU) No 1300/2014 on accessibility for persons with disabilities, as amended by Implementing Regulation (EU) 2019/772, which concerns an inventory of assets with a view to identifying barriers to accessibility, providing information to users and monitoring and evaluating progress on accessibility.
• Implementing Regulation (EU) 2019/773 on the operation and traffic management subsystem.
• Regulation (EU) No 1304/2014 relating to the ‘rolling stock – noise’ subsystem, as amended by Implementing Regulation (EU) 2019/774, which specifically applies to existing freight wagons.
• Regulation (EU) No 454/2011 on the technical specification for interoperability relating to the ‘telematics applications for passenger services’ subsystem of the trans-European rail system, as amended most recently by Implementing Regulation (EU) 2019/775.
• Implementing Regulation (EU) 2023/1695 on the technical specification for interoperability relating to the control-command and signalling subsystems of the rail system in the EU.
• Implementing Decision (EU) 2023/2584 on harmonised standards for the interoperability of the rail systems.

FROM WHEN DO THE RULES APPLY?

They have applied since 15 June 2016 and had to become law in the Member States by 16 June 2019.

Member States could apply a 1-year extension until 16 June 2020. Due to the COVID-19 crisis, Directive (EU) 2020/700 allowed Member States that extended the transposition period to further extend it until 31 October 2020.

BACKGROUND

For further information, see:

• Rail transport: Landmark deal will deliver better rail services to passengers – press release (European Commission).

KEY TERMS

1. Interoperability. The ability of a rail system to allow the safe and uninterrupted movement of trains that accomplish the required level of performance.
2. Structural subsystems. Subsystems of the rail system relating to infrastructure, energy, trackside and on-board control-command and signalling, rolling stock and other movable railway material.
3. Functional subsystems. Subsystems of the rail system relating to operation and traffic management, maintenance and telematics applications for passenger and freight services.
4. Telematics. The integrated use of telecommunications with information and communications technology.

MAIN DOCUMENT

Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (recast) (OJ L 138, 26.5.2016, pp. 44–101).

Successive amendments to Directive (EU) 2016/797 have been incorporated into the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Commission Implementing Regulation (EU) 2023/1695 of 10 August 2023 on the technical specification for interoperability relating to the control-command and signalling subsystems of the rail system in the European Union and repealing Regulation (EU) 2016/919 (OJ L 222, 8.9.2023, pp. 380–560).

Commission Implementing Decision (EU) 2023/2584 of 15 November 2023 on harmonised standards for the interoperability of the rail systems drafted in support of Directive (EU) 2016/797 of the European Parliament and of the Council (OJ L, 2023/2584, 21.11.2023).

Commission Implementing Regulation (EU) 2019/773 of 16 May 2019 on the technical specification for interoperability relating to the operation and traffic management subsystem of the rail system within the European Union and repealing Decision 2012/757/EU (OJ L 139 I, 27.5.2019, pp. 5–88).

See consolidated version.

Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138, 26.5.2016, pp. 1–43).

Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, pp. 102–149).

See consolidated version.

Commission Regulation (EU) No 1300/2014 of 18 November 2014 on the technical specifications for interoperability relating to accessibility of the Union’s rail system for persons with disabilities and persons with reduced mobility (OJ L 356, 12.12.2014, pp. 110–178).

See consolidated version.

Commission Regulation (EU) No 1304/2014 of 26 November 2014 on the technical specification for interoperability relating to the subsystem ‘rolling stock – noise’ amending Decision 2008/232/EC and repealing Decision 2011/229/EU (OJ L 356, 12.12.2014, pp. 421–437).

See consolidated version.

Commission Regulation (EU) No 454/2011 of 5 May 2011 on the technical specification for interoperability relating to the subsystem ‘telematics applications for passenger services’ of the trans-European rail system (OJ L 123, 12.5.2011, pp. 11–67).

See consolidated version.