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 (Text with EEA relevance.)

Article 1

This Regulation lays down the technical specification for interoperability (TSI) relating to the operation and traffic management subsystem of Union rail system, as set out in the Annex.

The TSI set out in the Annex shall apply to the operation and traffic management subsystem set out in point 2.5 of Annex II to Directive (EU) 2016/797.

Article 2

Member States shall notify the following types of agreement to the Commission by 1 January 2020, where they have not already been notified pursuant to Commission Decisions 2006/920/EC (¹), 2008/231/EC (²), 2011/314/EU (³) or 2012/757/EU:

(a) bilateral or multilateral agreements between railway undertakings, infrastructure managers or safety authorities that deliver significant levels of local or regional interoperability;

(b) international agreements between one or more Member States and at least one third country, or between Member State(s') railway undertakings or infrastructure managers and at least one railway undertaking or infrastructure manager of a third country, that deliver significant levels of local or regional interoperability.

Article 3

The conditions to be complied with for verifying the interoperability pursuant to Article 13 of Directive (EU) 2016/797 shall be as set out in the national rules applicable in the Member State where the operation takes place, in the following situations:

(a) in the specific situations referred to in point 7.2 of the Annex to this Regulation;

(b) with regard to the topics listed as open points and areas for national rules referred to in Appendix I to that Annex.

Article 4

By 1 July 2019 at the latest, the Agency shall publish a guide on the application of the operation and traffic management subsystem (application guide). The Agency shall keep the application guide up to date.

Article 5

Decision 2012/757/EU is repealed with effect from 16 June 2021.

However, Appendix A and C of the Annex to Decision 2012/757/EU may continue to apply by 16 June 2024 at the latest.

Article 5a

By 28 March 2024, each Member State shall notify to the Commission and the Agency any national rules made redundant by the entry into force of Commission Implementing Regulation (EU) 2023/1693 (⁴), together with a timetable for their withdrawal if not yet done.

Article 5b

By 28 June 2024, railway undertakings and infrastructure managers shall change their safety management system as defined in Article 9 of Directive (EU) 2016/798 in accordance with the requirements laid down in the Annex to this Regulation. Such changes, if limited to those strictly necessary to apply this Regulation, as amended, shall not be considered to be substantial changes to the safety regulatory framework within the meaning of Article 10(15) of Directive (EU) 2016/798.

Article 6

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 16 June 2021.

However, Sections 4.2.2.1.3.2 and 4.4 of the Annex shall apply from 16 June 2019.

Section 4.2.2.5 and Appendix D1 of the Annex to this Regulation shall apply from 16 June 2019 in the Member States that have not notified the Agency and the Commission in accordance with Article 57(2) of Directive (EU) 2016/797.

Section 4.2.2.5 and Appendix D1 of the Annex to this Regulation shall apply from 16 June 2020 in the Member States that have notified the Agency and the Commission in accordance with Article 57(2) of Directive (EU) 2016/797 and that have not notified the Agency and the Commission in accordance with Article 57(2a) of Directive (EU) 2016/797.

Section 4.2.2.5 and Appendix D1 of the Annex to this Regulation shall apply from 31 October 2020 in the Member States that have notified the Agency and the Commission in accordance with Article 57(2a) of Directive (EU) 2016/797.

Appendix A and C of the Annex to this regulation shall apply from 16 June 2024 at the latest.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX

1. INTRODUCTION

1.1.   Technical scope

This Technical Specification for Interoperability (‘TSI’) covers the ‘operation and traffic management’ subsystem shown in the list contained in point 1 and defined in point 2.5 of Annex II to Directive (EU) 2016/797.

1.2.   Geographical scope

The geographical scope of this Regulation is the Union's network as specified in section 1 to Annex I of Directive (EU) 2016/797 and excludes the cases referred to in Article 1(3) and 1(4) of Directive (EU) 2016/797.

1.3.   Content

In accordance with Article 4(3) of Directive (EU) 2016/797, this TSI lays down the essential requirements for the ‘operation and traffic management’ subsystem and establishes the fundamental operating principles and common operating rules to the Union railway system. Furthermore, it establishes the interface requirements between infrastructure managers and railway undertakings.

2. DESCRIPTION OF SCOPE

This TSI applies to the Union rail system, which includes TSI conform and non-TSI conform vehicles and fixed installations.

This TSI relates to processes and procedures, as well as to physical elements of vehicles and fixed installations that are important for their operational function in the context of this TSI and requirements applicable to staff executing safety-critical tasks.

The railway undertaking and the infrastructure manager shall ensure that all requirements of this TSI become a relevant part of railway undertaking’s and infrastructure manager’s safety management system (‘SMS’) as required by Directive (EU) 2016/798.

3. ESSENTIAL REQUIREMENTS

3.1.   Compliance with the essential requirements

In accordance with Article 3 of Directive (EU) 2016/797, the Union rail system, its subsystems and their interoperability constituents shall meet the essential requirements set out in general terms in Annex III to that Directive.

3.2.   Essential requirements — overview

The following table summarises the correspondence between the essential requirements set out in Annex III to Directive (EU) 2016/797 and this Regulation.