Prováděcí nařízení Komise (EU) 2019/776 ze dne 16. května 2019, kterým se mění nařízení Komise (EU) č. 321/2013, (EU) č. 1299/2014, (EU) č. 1301/2014, (EU) č. 1302/2014, (EU) č. 1303/2014 a (EU) 2016/919 a prováděcí rozhodnutí Komise 2011/665/EU, pokud jde o soulad se směrnicí Evropského parlamentu a Rady (EU) 2016/797 a provádění konkrétních cílů stanovených v rozhodnutí Komise v přenesené pravomoci (EU) 2017/1474 (Text s významem pro EHP.)

Identifier:: 32019R0776
Status:: effective
Text language:: en

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Article 4 Article 4 Restriction codes

Article 10 Article 10

Having regard to 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 UnionOJ L 138, 26.5.2016, p. 44 . , and in particular Articles 5(11) and 48(2) thereof,

Regulation (EU) No 321/2013 is amended as follows:

With regard to open points set out in Appendix A, the conditions to be complied with for the verification of the essential requirements of Directive (EU) 2016/797 shall be those laid down by national rules in force in the Member State which is part of the area of use of the vehicles covered by this Regulation;

With regard to specific cases set out in Section 7.3 of the Annex, the conditions to be met for the verification of the essential requirements of Directive (EU) 2016/797 shall be those laid down in Section 7.3 of the Annex or by national rules in force in the Member State which is part of the area of use of the vehicles covered by this Regulation;

An EC certificate of verification for a subsystem that contains interoperability constituents which do not have an EC declaration of conformity or suitability for use may be issued during a transition period ending on 1 January 2024 , provided the provisions set out in Section 6.3 of the Annex are met.;

The production or upgrade/renewal of the subsystem using non-certified interoperability constituents shall be completed within the transition period set out in paragraph 1, including placing on the market.;

After a transition period ending on 1 January 2015 , newly produced interoperability constituents of rear-end signals, shall be covered by the required EC declaration of conformity.;

Notwithstanding the provisions in Section 6.3 of the Annex, an EC certificate of verification may be issued for a subsystem containing components corresponding to the friction element for wheel tread brakes interoperability constituent that does not have an EC declaration of conformity during a transition period ending on 1 January 2024 , if the following conditions are met:

(a) the component was manufactured before the date of application of this Regulation; and

(b) the interoperability constituent has been used in a subsystem that had been approved and placed on the market in at least one Member State before the date of application of this Regulation.;

The production, upgrade or renewal of any subsystem using non-certified interoperability constituents shall be completed, including granting authorisation for placing on the market, before the transition period set out in paragraph 1 expires.;

The declaration of verification and/or conformity to type of a new vehicle established in accordance with Decision 2006/861/EC shall be considered valid until the end of a transition period ending on 1 January 2017 .;

OJ L 138, 26.5.2016, p. 44 .

(1) In accordance with Article 19 of Regulation (EU) 2016/796 of the European Parliament and of the CouncilRegulation (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, p. 1 ). the European Union Agency for Railways (the Agency) is required to address recommendations to the Commission on the technical specifications for interoperability (TSIs) and their revision and to ensure that TSIs are adapted to technical progress, market trends and social requirements.

(2) TSIs should be amended in order to indicate provisions applicable to existing subsystems and vehicles, in particular in the event of their upgrading and renewal as well as to indicate the parameters of the vehicles and fixed subsystems to be checked by the railway undertaking to ensure compatibility between vehicles and the routes on which they are to be operated and the procedures to be applied to check those parameters after the vehicle authorisation for placing on the market and before the first use of the vehicle.

(3) Commission Delegated Decision (EU) 2017/1474Commission Delegated Decision (EU) 2017/1474 of 8 June 2017 supplementing Directive (EU) 2016/797 of the European Parliament and of the Council with regard to specific objectives for the drafting, adoption and review of technical specifications for interoperability (OJ L 210, 15.8.2017, p. 5 ). sets out specific objectives for the drafting, adoption and review of TSIs. On 22 September 2017 , the Commission asked the Agency to prepare recommendations implementing a number of those objectives.

(4) Under Decision (EU) 2017/1474, TSIs should be reviewed in order to take into account developments of the Union railway system relating to research and innovation activities, and update references to standards.

(5) Furthermore TSIs should be reviewed in order to close the remaining open points. In particular, open points as regards specifications on the design of track to be compatible with the use of eddy current brake and the minimum factor for traffic codes should be closed in Commission Regulation (EU) No 1299/2014Commission Regulation (EU) No 1299/2014 of 18 November 2014 on the technical specifications for interoperability relating to the infrastructure subsystem of the rail system in the European Union (OJ L 356, 12.12.2014, p. 1 ). . Open points as regards specifications on aerodynamic effects, passive safety and variable gauge systems and braking systems should be closed in Commission Regulation (EU) No 1302/2014Commission Regulation (EU) No 1302/2014 of 18 November 2014 concerning a technical specification for interoperability relating to the rolling stock — locomotives and passenger rolling stock subsystem of the rail system in the European Union (OJ L 356, 12.12.2014, p. 228 ). . Open points as regards specifications on test conditions for on-track tests and variable gauge systems should be closed in Commission Regulation (EU) No 321/2013Commission Regulation (EU) No 321/2013 of 13 March 2013 concerning the technical specification relating to the subsystem rolling stock — freight wagons of the rail system in the European Union and repealing Decision 2006/861/EC (OJ L 104, 12.4.2013, p. 1 ). .

(6) Decision (EU) 2017/1474 also sets out specific objectives applicable to the TSI relating to the subsystem rolling stock — locomotives and passenger rolling stock and the TSI relating to the subsystem rolling stock — freight wagons. In particular the provisions on automatic variable gauge systems should be reviewed and access to passenger coaches, the authorisation of passenger vehicles in large areas of use and the composition of passenger trains should be facilitated.

(7) Certain components for which a single failure has potential to lead directly to a serious accident are critical for the safety of the rail system and should be labelled as safety-critical on a case-by-case basis. The manufacturer should identify safety-critical components in the vehicle maintenance file.

(8) Trackside and on-board investments should be protected by guaranteeing compatibility and stability of the specifications of the European rail traffic management system (ERTMS), giving legal and technical certainty that a compliant Baseline 3 ERTMS on-board unit can safely run on compliant ERTMS line with an acceptable level of performance. In order to keep pace with technological progress and encourage modernisation such as ERTMS game changers, as specified in the Agency's report on ERTMS longer-term perspective (ERA-REP-150), their implementation should, under certain conditions, be allowed. Where the Agency issues draft released specifications of ERTMS game changers before the planned legal release in 2022, suppliers and early implementers should use the specifications in their pilot phase, provided that any Baseline 3 on-board unit can safely run on any infrastructure implementing a game changer.

(9) On the basis of the system architecture research and innovation work of the Shift2Rail Joint Undertaking, the Agency work on the game changer related to the evolution of the radio communication system aims at proposing solutions that would allow independent life cycle management for the radio communication system and the train protection system, while facilitating the integration of the new radio communication system with the European Train Control system (ETCS) on-boards that follow the set#3 of specifications listed in Table 2.3 of Annex A to Commission Regulation (EU) 2016/919Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the control-command and signalling subsystems of the rail system in the European Union (OJ L 158, 15.6.2016, p. 1 ). .

(10) Even a successful certification process cannot always exclude that, when an on-board CCS subsystem interacts with a trackside CCS subsystem, one of the subsystems repeatedly fails to function or perform as intended under certain conditions. This may be due to variance in national control-command and signalling equipment (e.g. interlockings), engineering and operational rules, deficiencies in the specifications, different interpretations, design errors or equipment being installed incorrectly. Therefore, checks might need to be carried out to demonstrate the technical compatibility of the control-command and signalling subsystems in the area of use for a vehicle. The necessity of these checks should be considered as a temporary measure to increase the confidence on the technical compatibility between the subsystems. In addition, Regulation (EU) 2016/919 should specify the procedure for those checks. In particular, the principles applicable to those checks should be transparent and prepare the ground for further harmonisation. The possibility of executing those checks in a laboratory representing the trackside configuration to be made available by the Infrastructure Manager should be prioritised.

(1) in Article 2(1), the reference to point 2.7 of Annex II to Directive 2008/57/EC is replaced by a reference to point 2.7 of Annex II to Directive (EU) 2016/797 of the European Parliament and of the Council (*)(*) 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 (OJ L 138, 26.5.2016, p. 44 ).;

(11) To limit to a minimum the checks each Member State should promote harmonisation within its infrastructure. Following this principle, only one single set of compatibility checks for radio (one for voice transmission and another one for data transmission), if at all needed, should be requested per Member State.

(12) Consideration should be given on the necessary steps in the shortest possible time to increase the confidence on the technical compatibility and to reduce and eliminate the tests or checks to prove technical compatibility of on-board units with different European rail traffic management system trackside implementations. Therefore, the Agency should assess the underlying technical divergences and define the necessary steps to eliminate the tests or checks to prove technical compatibility of on-board units with different trackside implementations.

(13) Certain TSIs may provide transitional measures in order to keep the railway sector competitive and to prevent undue costs triggered by too frequent changes in the legal framework. Such transitional measures apply to contracts in course of performance and to projects at an advanced stage of development on the date of application of the relevant TSI. As long as these transitional measures apply, requests for application of Article 7(1) of Directive 2016/797/EC should not be needed. Once these transitional measures expire, applicants requesting non-application of TSIs or part of them should do so pursuant to Article 7(1) of Directive (EU) 2016/797. Such requests should however only in duly justified cases be based on Article 7(1)(a) of Directive 2016/797/EC.

(14) Directive (EU) 2016/797 and Commission Implementing Regulation (EU) 2018/545Commission Implementing Regulation (EU) 2018/545 of 4 April 2018 establishing practical arrangements for the railway vehicle authorisation and railway vehicle type authorisation process pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council (OJ L 90, 6.4.2018, p. 66 ). set out the Agency's role as authorising entity. In addition, Implementing Regulation (EU) 2018/545 sets out the procedure applicable in the event of a change to existing vehicle types, in particular for the creation of versions of a vehicle type and versions of a vehicle type variant. The Agency's role in registering data in the European register of authorised types of railway vehicles (ERATV) and the tasks of authorising entities as regards versions of a vehicle type and versions of a vehicle type variant should be adapted accordingly.

(15) Regulations (EU) No 321/2013, (EU) No 1302/2014, and (EU) 2016/919 should take into account changes in the procedure for placing mobile subsystems on the market, as provided for in Articles 20 to 26 of Directive (EU) 2016/797. Those TSIs should therefore list the basic design characteristics used to identify the vehicle type and set out requirements regarding changes that impact them. The list of ERATV parameters should be amended accordingly.

(16) Under Decision (EU) 2017/1474, TSIs should indicate whether it is necessary to re-notify the conformity assessment bodies that were notified on the basis of a previous version of the TSI and whether a simplified notification process should be applied. This Regulation brings about limited changes and it should not be necessary to re-notify bodies notified on the basis of a previous version of the TSIs.

(17) This Regulation amends TSIs so as to further achieve interoperability within the Union rail system, improve and develop international rail transport, contribute to the progressive creation of the internal market and complement TSIs in view of covering essential requirements. It enables to achieve the objectives and to meet the essential requirements of Directive 2008/57/EC of the European Parliament and of the CouncilDirective 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (OJ L 191, 18.7.2008, p. 1 ). and Directive (EU) 2016/797. Therefore this Regulation should be directly applicable in all Member States including Member States which have notified the Agency and the Commission under Article 57(2) of Directive (EU) 2016/797 that they have extended the transposition period and thus continue to apply Directive 2008/57/EC until 15 June 2020 at the latest. Notified Bodies exercising under Directive 2008/57/EC in the Member States that have extended the transposition period should be able to issue EC certificate in accordance with this Regulation as long as Directive 2008/57/EC applies in the Member State where they are established.

(18) On 17 December 2015 , 6 January 2016 and 14 November 2017 , the Agency issued three recommendations to amend Regulation (EU) No 1302/2014 covering the conditions for having an authorisation for placing on the market not limited to particular national networks, the closing of open-points, requirements regarding safety critical components and the revision of provisions on automatic variable gauge systems.

(19) On 11 April 2016 , the Agency issued a recommendation on the amendment to Regulation (EU) No 321/2013 covering the closing of open-points.

(20) On 4 October 2017 , the Agency issued a recommendation on the amendment to Regulation (EU) No 1299/2014 covering the closing of open-points.

(2) in Article 3, the second subparagraph is amended as follows:(a) point (a) is replaced by the following:(a) when it is renewed and upgraded in accordance with section 7.2.2 of the Annex to this Regulation; (b) point (c) is replaced by the following:(c) with regards to the marking GE as depicted in point 5 of Appendix C of the Annex, wagons of the existing fleet which have been authorised in accordance with Commission Decision 2006/861/EC as amended by Decision 2009/107/EC or with Decision 2006/861/EC as amended by Decisions 2009/107/EC and 2012/464/EU and meeting the conditions set out in point 7.6.4 of Decision 2009/107/EC may receive this marking GE without any additional third party assessment or new authorisation for placing on the market. The use of this marking in wagons in operation remains under the responsibility of the railway undertakings.;

(a) point (a) is replaced by the following:(a) when it is renewed and upgraded in accordance with section 7.2.2 of the Annex to this Regulation;

(b) point (c) is replaced by the following:(c) with regards to the marking GE as depicted in point 5 of Appendix C of the Annex, wagons of the existing fleet which have been authorised in accordance with Commission Decision 2006/861/EC as amended by Decision 2009/107/EC or with Decision 2006/861/EC as amended by Decisions 2009/107/EC and 2012/464/EU and meeting the conditions set out in point 7.6.4 of Decision 2009/107/EC may receive this marking GE without any additional third party assessment or new authorisation for placing on the market. The use of this marking in wagons in operation remains under the responsibility of the railway undertakings.;

(21) On 19 July 2018 , the Agency issued a recommendation on the amendment to Regulations (EU) No 321/2013 and (EU) No 1302/2014 and Commission Implementing Decision 2011/665/EUCommission Implementing Decision 2011/665/EU of 4 October 2011 on the European register of authorised types of railway vehicles (OJ L 264, 8.10.2011, p. 32 ). covering the changes in the procedure for placing mobile subsystems on the market, including the checking of vehicle-route compatibility after the vehicle authorisation and before the first use of authorised vehicles and provisions applicable to existing subsystems and vehicles, in particular in the event of their upgrading and renewal.

(22) On 19 October 2018 , the Agency issued a recommendation on the amendment to Regulation (EU) 2016/919 covering the changes in the procedure for placing mobile subsystems on the market, including the checking of vehicle-route compatibility before the first use of authorised vehicles and provisions applicable to existing subsystems and vehicles, in particular in the event of their upgrading and renewal.

(23) On 15 November 2018 , the Agency issued a recommendation on the amendment to Regulation (EU) No 1303/2014 covering the changes to align that Regulation with Directive (EU) 2016/797.

(24) On 29 November 2018 , the Agency issued a recommendation on the amendment to Regulations (EU) No 1299/2014 and (EU) No 1301/2014 covering the changes to align those Regulations with Directive (EU) 2016/797.

(25) Regulation (EU) No 321/2013, Regulation (EU) No 1299/2014, Regulation (EU) No 1301/2014, Regulation (EU) No 1302/2014, Regulation (EU) No 1303/2014, Regulation (EU) 2016/919 and Implementing Decision 2011/665/EU should therefore be amended accordingly.

(26) The measures provided for in this Regulation are in accordance with the opinion of the Committee established in accordance with Article 51(1) of Directive (EU) 2016/797,

(3) Article 4 is amended as follows:(a) paragraph 1 is replaced by the following:1.With regard to open points set out in Appendix A, the conditions to be complied with for the verification of the essential requirements of Directive (EU) 2016/797 shall be those laid down by national rules in force in the Member State which is part of the area of use of the vehicles covered by this Regulation; (b) point (c) of paragraph 2 is replaced as follows:(c) the bodies designated to carry out the conformity assessment and verification procedures with respect to the open points;

(a) paragraph 1 is replaced by the following:1.With regard to open points set out in Appendix A, the conditions to be complied with for the verification of the essential requirements of Directive (EU) 2016/797 shall be those laid down by national rules in force in the Member State which is part of the area of use of the vehicles covered by this Regulation;

(b) point (c) of paragraph 2 is replaced as follows:(c) the bodies designated to carry out the conformity assessment and verification procedures with respect to the open points;

(4) Article 5 is amended as follows:(a) paragraph 1 is replaced by the following:1.With regard to specific cases set out in Section 7.3 of the Annex, the conditions to be met for the verification of the essential requirements of Directive (EU) 2016/797 shall be those laid down in Section 7.3 of the Annex or by national rules in force in the Member State which is part of the area of use of the vehicles covered by this Regulation; (b) point (c) of paragraph 2 is replaced as follows:(c) the bodies designated to carry out the conformity assessment and verification procedures for the national rules relating to the specific cases set out in point 7.3 of the Annex;

(a) paragraph 1 is replaced by the following:1.With regard to specific cases set out in Section 7.3 of the Annex, the conditions to be met for the verification of the essential requirements of Directive (EU) 2016/797 shall be those laid down in Section 7.3 of the Annex or by national rules in force in the Member State which is part of the area of use of the vehicles covered by this Regulation;

(b) point (c) of paragraph 2 is replaced as follows:(c) the bodies designated to carry out the conformity assessment and verification procedures for the national rules relating to the specific cases set out in point 7.3 of the Annex;

(5) Article 8 is amended as follows:(a) paragraph 1 is replaced by the following:1.An EC certificate of verification for a subsystem that contains interoperability constituents which do not have an EC declaration of conformity or suitability for use may be issued during a transition period ending on 1 January 2024 , provided the provisions set out in Section 6.3 of the Annex are met.; (b) paragraph 2 is replaced by the following:2.The production or upgrade/renewal of the subsystem using non-certified interoperability constituents shall be completed within the transition period set out in paragraph 1, including placing on the market.; (c) in point (b) of paragraph 3, the reference to Article 18 of Directive 2004/49/EC is replaced by a reference to Article 19 of Directive (EU) 2016/798 of the European Parliament and of the Council (*)(*) 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, p. 102 ).; (d) paragraph 4 is replaced by the following:4.After a transition period ending on 1 January 2015 , newly produced interoperability constituents of rear-end signals, shall be covered by the required EC declaration of conformity.;

(a) paragraph 1 is replaced by the following:1.An EC certificate of verification for a subsystem that contains interoperability constituents which do not have an EC declaration of conformity or suitability for use may be issued during a transition period ending on 1 January 2024 , provided the provisions set out in Section 6.3 of the Annex are met.;

(b) paragraph 2 is replaced by the following:2.The production or upgrade/renewal of the subsystem using non-certified interoperability constituents shall be completed within the transition period set out in paragraph 1, including placing on the market.;

(c) in point (b) of paragraph 3, the reference to Article 18 of Directive 2004/49/EC is replaced by a reference to Article 19 of Directive (EU) 2016/798 of the European Parliament and of the Council (*)(*) 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, p. 102 ).;

(d) paragraph 4 is replaced by the following:4.After a transition period ending on 1 January 2015 , newly produced interoperability constituents of rear-end signals, shall be covered by the required EC declaration of conformity.;

(6) Article 8a is amended as follows:(a) paragraph 1 is replaced by the following:1.Notwithstanding the provisions in Section 6.3 of the Annex, an EC certificate of verification may be issued for a subsystem containing components corresponding to the friction element for wheel tread brakes interoperability constituent that does not have an EC declaration of conformity during a transition period ending on 1 January 2024 , if the following conditions are met: (a) the component was manufactured before the date of application of this Regulation; and(b) the interoperability constituent has been used in a subsystem that had been approved and placed on the market in at least one Member State before the date of application of this Regulation.; (b) paragraph 2 is replaced by the following:2.The production, upgrade or renewal of any subsystem using non-certified interoperability constituents shall be completed, including granting authorisation for placing on the market, before the transition period set out in paragraph 1 expires.; (c) in point (b) of paragraph 3, the reference to Article 18 of Directive 2004/49/EC is replaced by a reference to Article 19 of Directive (EU) 2016/798;

(a) paragraph 1 is replaced by the following:1.Notwithstanding the provisions in Section 6.3 of the Annex, an EC certificate of verification may be issued for a subsystem containing components corresponding to the friction element for wheel tread brakes interoperability constituent that does not have an EC declaration of conformity during a transition period ending on 1 January 2024 , if the following conditions are met: (a) the component was manufactured before the date of application of this Regulation; and(b) the interoperability constituent has been used in a subsystem that had been approved and placed on the market in at least one Member State before the date of application of this Regulation.;

(b) paragraph 2 is replaced by the following:2.The production, upgrade or renewal of any subsystem using non-certified interoperability constituents shall be completed, including granting authorisation for placing on the market, before the transition period set out in paragraph 1 expires.;

(c) in point (b) of paragraph 3, the reference to Article 18 of Directive 2004/49/EC is replaced by a reference to Article 19 of Directive (EU) 2016/798;

(a) the component was manufactured before the date of application of this Regulation; and

(b) the interoperability constituent has been used in a subsystem that had been approved and placed on the market in at least one Member State before the date of application of this Regulation.;

(7) Article 8 c is amended as follows:(a) point (b) of paragraph 1 is replaced by the following:(b) the interoperability constituent has been used in a subsystem that had been approved and placed on the market in at least one Member State before the expiry of its approval period.; (b) paragraph 2 is replaced by the following:2.The production, upgrade or renewal of any subsystem using non-certified interoperability constituents shall be completed, including granting authorisation for placing on the market, before the transition period set out in paragraph 1 expires.; (c) in point (b) of paragraph 3, the reference to Article 18 of Directive 2004/49/EC is replaced by a reference to Article 19 of Directive (EU) 2016/798;

(a) point (b) of paragraph 1 is replaced by the following:(b) the interoperability constituent has been used in a subsystem that had been approved and placed on the market in at least one Member State before the expiry of its approval period.;

(c) in point (b) of paragraph 3, the reference to Article 18 of Directive 2004/49/EC is replaced by a reference to Article 19 of Directive (EU) 2016/798;

(8) Article 9 is amended as follows:The declaration of verification and/or conformity to type of a new vehicle established in accordance with Decision 2006/861/EC shall be considered valid until the end of a transition period ending on 1 January 2017 .;

(9) Article 10a is amended as follows:(a) in paragraph 4, the reference to Article 6 of Directive 2008/57/EC is replaced by a reference to Article 5 of Directive (EU) 2016/797;(b) in paragraph 5, the reference to Directive 2008/57/EC is replaced by a reference to Directive (EU) 2016/797;

(a) in paragraph 4, the reference to Article 6 of Directive 2008/57/EC is replaced by a reference to Article 5 of Directive (EU) 2016/797;

(b) in paragraph 5, the reference to Directive 2008/57/EC is replaced by a reference to Directive (EU) 2016/797;

(10) the Annex is amended in accordance with Annex I to this Regulation.

Regulation (EU) No 1299/2014 is amended as follows:

The TSI shall apply to the network of the Union rail system as described in Annex I of Directive (EU) 2016/797 with the exclusion of cases referred to in Article 1(3) and (4) of Directive (EU) 2016/797;

With regard to the aspects listed as open points in Appendix R to the Annex to this Regulation, the conditions to be complied with for verifying the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down by national rules in force in the Member State which authorises the placing in service of the subsystem covered by this Regulation.;

With regard to specific cases listed in Section 7.7 of the Annex, the conditions to be met for the verification of the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down in Section 7.7 of the Annex or by national rules in force in the Member State which authorises the placing in service of the subsystem covered by this Regulation;

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, p. 1 ).

Article 1 Article 1

Article 2 Article 2

Article 3 Article 3

Article 4 Article 4

Article 5 Article 5

Article 8 Article 8

Article 9 Article 9 1.Notifications of conformity assessment bodies for the purposes of Regulations (EU) No 321/2013, (EU) No 1299/2014, (EU) No 1301/2014, (EU) No 1302/2014, (EU) No 1303/2014 and (EU) 2016/919 shall remain valid on the basis of those Regulations, as amended by the present Regulation. 2.Conformity assessment bodies notified in accordance with Directive 2008/57/EC may issue EC certificate of verification and EC certificate of conformity or suitability for use of interoperability constituents in accordance with this Regulation as long as Directive 2008/57/EC applies in the Member State where they are established in accordance with Article 57(2) of Directive (EU) 2016/797 and until 15 June 2020 at the latest.

(1) Article 2 is amended as follows:(a) in paragraph 1, the reference to point 2.1 of Annex I to Directive 2008/57/EC is replaced by a reference to point 2.1 of Annex II to Directive (EU) 2016/797 of the European Parliament and of the Council (*)(*) 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 (OJ L 138, 26.5.2016, p. 44 ).; (b) in paragraph 3, the reference to Article 20 of Directive 2008/57/EC is replaced by a reference to Article 18 of Directive (EU) 2016/797;(c) paragraph 4 is replaced as follows:4.The TSI shall apply to the network of the Union rail system as described in Annex I of Directive (EU) 2016/797 with the exclusion of cases referred to in Article 1(3) and (4) of Directive (EU) 2016/797;

(a) in paragraph 1, the reference to point 2.1 of Annex I to Directive 2008/57/EC is replaced by a reference to point 2.1 of Annex II to Directive (EU) 2016/797 of the European Parliament and of the Council (*)(*) 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 (OJ L 138, 26.5.2016, p. 44 ).;

(b) in paragraph 3, the reference to Article 20 of Directive 2008/57/EC is replaced by a reference to Article 18 of Directive (EU) 2016/797;

(c) paragraph 4 is replaced as follows:4.The TSI shall apply to the network of the Union rail system as described in Annex I of Directive (EU) 2016/797 with the exclusion of cases referred to in Article 1(3) and (4) of Directive (EU) 2016/797;

Article 10 Article 10 Error corrections

Article 11 Article 11 ERTMS game changers 1.By June 2021, taking into consideration the input from Shift2Rail and the Agency, the Commission shall issue a report on the definition of the next generation communication system. The report shall include the conditions and possible strategies for the migration to that system with due considerations for the coexistence of the system and spectrum requirements. 2.Where the Agency has issued an opinion with the draft release specifications relating to an ERTMS game changer as identified within ERA-REP-150, suppliers and early implementers shall use those specifications in their pilots and shall inform the Agency.;

Article 11a Article 11a ERTMS compatibility and future revision 1.By 1 June 2020 , the Agency shall send a report to the Commission on the implementation of ETCS system compatibility (ESC) and radio system compatibility (RSC). The report shall include an assessment of the differing types of ESC and RSC, and the potential for reducing the underlying technical divergences of ESC and RSC types. Member States shall provide the Agency with the necessary information to complete the analysis. 2.By 1 December 2021 , the Commission shall, based on input from the Agency, define the necessary steps to eliminate the tests or checks to prove technical compatibility of on-board units with different ERTMS trackside implementations, in particular to achieve harmonisation of engineering and operational rules at Member State level and between Member States. Member States shall provide the Commission and the Agency with the necessary information to complete the analysis. 3.By 1 December 2020 , the Agency shall send a report to the Commission on the potential for including further elements of trackside and vehicle control-command and signalling system architecture, in particular to achieve a future proof design, facilitating the use of state of the art technology and ensuring backward compatibility.;

Article 2a Article 2a Information to be inserted by the Agency

(2) Article 3 is amended as follows:(a) paragraph 1 is replaced by the following:1.With regard to the aspects listed as open points in Appendix R to the Annex to this Regulation, the conditions to be complied with for verifying the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down by national rules in force in the Member State which authorises the placing in service of the subsystem covered by this Regulation.; (b) point (c) of paragraph 2 is replaced as follows:(c) the bodies designated to carry out the conformity assessment and verification procedures with respect to the open points;

(a) paragraph 1 is replaced by the following:1.With regard to the aspects listed as open points in Appendix R to the Annex to this Regulation, the conditions to be complied with for verifying the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down by national rules in force in the Member State which authorises the placing in service of the subsystem covered by this Regulation.;

(b) point (c) of paragraph 2 is replaced as follows:(c) the bodies designated to carry out the conformity assessment and verification procedures with respect to the open points;

(3) in Article 4, paragraph 1 is replaced by the following:1.With regard to specific cases listed in Section 7.7 of the Annex, the conditions to be met for the verification of the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down in Section 7.7 of the Annex or by national rules in force in the Member State which authorises the placing in service of the subsystem covered by this Regulation;

(4) point (c) of paragraph 2 of Article 4 is replaced by the following:(c) the bodies designated to carry out the conformity assessment and verification procedures for the national rules relating to the specific cases set out in point 7.7 of the Annex;

(5) Article 7(3) is amended as follows;(a) in point (a), the reference to Article 18 of Directive 2008/57/EC is replaced by a reference to Article 15 of Directive (EU) 2016/797;(b) in point (b), the references to Article 16(2)(c) of Directive 2004/49/EC and Article 18 of Directive 2004/49/EC are replaced by references to Article 16(2)(d) of Directive (EU) 2016/798 of the European Parliament and of the Council (*)(*) 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, p. 102 ). and Article 19 of Directive (EU) 2016/798 respectively;

(a) in point (a), the reference to Article 18 of Directive 2008/57/EC is replaced by a reference to Article 15 of Directive (EU) 2016/797;

(b) in point (b), the references to Article 16(2)(c) of Directive 2004/49/EC and Article 18 of Directive 2004/49/EC are replaced by references to Article 16(2)(d) of Directive (EU) 2016/798 of the European Parliament and of the Council (*)(*) 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, p. 102 ). and Article 19 of Directive (EU) 2016/798 respectively;

(6) in Article 9, paragraph 2 is deleted;

(7) Article 10 is amended as follows:(a) in paragraph 4, the reference to Article 6 of Directive 2008/57/EC is replaced by a reference to Article 5 of Directive (EU) 2016/797;(b) in paragraph 5, the reference to Directive 2008/57/EC is replaced by a reference to Directive (EU) 2016/797;

(a) in paragraph 4, the reference to Article 6 of Directive 2008/57/EC is replaced by a reference to Article 5 of Directive (EU) 2016/797;

(b) in paragraph 5, the reference to Directive 2008/57/EC is replaced by a reference to Directive (EU) 2016/797;

(8) the Annex is amended in accordance with Annex II to this Regulation.

Regulation (EU) No 1301/2014 is amended as follows:

With regard to specific cases listed in Section 7.4.2 of the Annex, the conditions to be met for the verification of compliance with the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down in Section 7.4.2 of the Annex or by national rules in force in the Member State which authorises the placing in service of the subsystem covered by this Regulation.;

Commission Delegated Decision (EU) 2017/1474 of 8 June 2017 supplementing Directive (EU) 2016/797 of the European Parliament and of the Council with regard to specific objectives for the drafting, adoption and review of technical specifications for interoperability (OJ L 210, 15.8.2017, p. 5 ).

(1) Article 2 is amended as follows:(a) in paragraph 1, the reference to point 2.2 of Annex II to Directive 2008/57/EC is replaced by a reference to point 2.2 of Annex II to Directive (EU) 2016/797 of the European Parliament and of the Council (*)(*) 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 (OJ L 138, 26.5.2016, p. 44 ).; (b) in paragraph 3, the reference to Article 20 of Directive 2008/57/EC is replaced by a reference to Article 18 of Directive (EU) 2016/797;(c) paragraph 4 is replaced as follows:4.The TSI shall apply to the network of the Union rail system as described in Annex I of Directive (EU) 2016/797 with the exclusion of cases referred to in Article 1(3) and (4) of Directive (EU) 2016/797;

(a) in paragraph 1, the reference to point 2.2 of Annex II to Directive 2008/57/EC is replaced by a reference to point 2.2 of Annex II to Directive (EU) 2016/797 of the European Parliament and of the Council (*)(*) 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 (OJ L 138, 26.5.2016, p. 44 ).;

(b) in paragraph 3, the reference to Article 20 of Directive 2008/57/EC is replaced by a reference to Article 18 of Directive (EU) 2016/797;

(2) Article 4 is amended as follows:(a) paragraph 1 is replaced by the following:1.With regard to specific cases listed in Section 7.4.2 of the Annex, the conditions to be met for the verification of compliance with the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down in Section 7.4.2 of the Annex or by national rules in force in the Member State which authorises the placing in service of the subsystem covered by this Regulation.; (b) point (c) of paragraph 2 is replaced by the following:(c) the bodies designated to carry out the conformity assessment and verification procedures for the national rules relating to the specific cases set out in point 7.4.2 of the Annex;

(a) paragraph 1 is replaced by the following:1.With regard to specific cases listed in Section 7.4.2 of the Annex, the conditions to be met for the verification of compliance with the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down in Section 7.4.2 of the Annex or by national rules in force in the Member State which authorises the placing in service of the subsystem covered by this Regulation.;

(b) point (c) of paragraph 2 is replaced by the following:(c) the bodies designated to carry out the conformity assessment and verification procedures for the national rules relating to the specific cases set out in point 7.4.2 of the Annex;

(3) Article 7(3) is amended as follows:(a) in point (a), the reference to Article 18 of Directive 2008/57/EC is replaced by a reference to Article 15 of Directive (EU) 2016/797;(b) in point (b), the references to Article 16(2)(c) of Directive 2004/49/EC and Article 18 of Directive 2004/49/EC are replaced by references to Article 16(2)(d) of Directive (EU) 2016/798 of the European Parliament and of the Council (*)(*) 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, p. 102 ). and Article 19 of Directive (EU) 2016/798 respectively;

(a) in point (a), the reference to Article 18 of Directive 2008/57/EC is replaced by a reference to Article 15 of Directive (EU) 2016/797;

(4) in Article 9, paragraph 2 is deleted;

(5) Article 10 is amended as follows:(a) in paragraph 4, the reference to Article 6 of Directive 2008/57/EC is replaced by a reference to Article 5 of Directive (EU) 2016/797;(b) in paragraph 5, the reference to Directive 2008/57/EC is replaced by a reference to Directive (EU) 2016/797;

(a) in paragraph 4, the reference to Article 6 of Directive 2008/57/EC is replaced by a reference to Article 5 of Directive (EU) 2016/797;

(b) in paragraph 5, the reference to Directive 2008/57/EC is replaced by a reference to Directive (EU) 2016/797;

(6) the Annex is amended in accordance with Annex III to this Regulation.

Regulation (EU) No 1302/2014 is amended as follows:

The TSI shall not apply to existing rolling stock of the rail system in the Union which is already placed in service on all or part of the network of any Member State on 1 January 2015 , except when it is subject to renewal or upgrading in accordance with Section 7.1.2 of the Annex.;

With regard to the aspects listed as open points in Appendix I of the Annex, the conditions to be complied with for verifying the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down by national rules in force in the Member States which are part of the area of use of the vehicles covered by this Regulation.;

With regard to specific cases listed in Section 7.3 of the Annex, the conditions to be met for the verification of the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down in Section 7.3 of the Annex or by national rules in force in the Member States which are part of the area of use of the vehicles covered by this Regulation;

Section 7.1.3.1 of the Annex to this Regulation shall not apply for vehicles placed on the market after 31 December 2028 . Vehicles placed on the market after that date shall be conform to chapters 4, 5 and 6 of the Annex to the present Regulation.;

Member States may only in duly justified cases permit applicants not to apply this Regulation or parts of it pursuant to Article 7(1)(a) of Directive 2016/797/EC for projects for which the possibility to apply sections 7.1.1.2 or 7.1.3.1 of the Annex exists or has expired. The application of sections 7.1.1.2 or 7.1.3.1 of the Annex does not require the application of Article 7(1)(a) of Directive 2016/797/EC.;

Harmonised restriction codes shall be applicable in all Member States.

The list of harmonised restriction codes shall be the list referred to in Commission Implementing Decision (EU) 2018/1614Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC (OJ L 268, 26.10.2018, p. 53 ).; .

Commission Regulation (EU) No 1299/2014 of 18 November 2014 on the technical specifications for interoperability relating to the infrastructure subsystem of the rail system in the European Union (OJ L 356, 12.12.2014, p. 1 ).

(2) in Article 3, paragraph 2 is replaced by the following:2.The TSI shall not apply to existing rolling stock of the rail system in the Union which is already placed in service on all or part of the network of any Member State on 1 January 2015 , except when it is subject to renewal or upgrading in accordance with Section 7.1.2 of the Annex.;

(3) Article 4 is amended as follows:(a) paragraph 1 is replaced by the following:1.With regard to the aspects listed as open points in Appendix I of the Annex, the conditions to be complied with for verifying the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down by national rules in force in the Member States which are part of the area of use of the vehicles covered by this Regulation.; (b) point (c) of paragraph 2 is replaced as follows:(c) the bodies designated to carry out the conformity assessment and verification procedures with respect to the open points;

(a) paragraph 1 is replaced by the following:1.With regard to the aspects listed as open points in Appendix I of the Annex, the conditions to be complied with for verifying the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down by national rules in force in the Member States which are part of the area of use of the vehicles covered by this Regulation.;

(b) point (c) of paragraph 2 is replaced as follows:(c) the bodies designated to carry out the conformity assessment and verification procedures with respect to the open points;

(4) in Article 5, paragraph 1 is replaced by the following:1.With regard to specific cases listed in Section 7.3 of the Annex, the conditions to be met for the verification of the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down in Section 7.3 of the Annex or by national rules in force in the Member States which are part of the area of use of the vehicles covered by this Regulation;

(5) point (c) of paragraph 2 of Article 5 is replaced by the following:(c) the bodies designated to carry out the conformity assessment and verification procedures for the national rules relating to the specific cases set out in point 7.3 of the Annex;

(6) Article 8(3) is amended as follows:(a) in point (a), the references to Article 18 of Directive 2008/57/EC and Article 16(2)(c) of Directive 2004/49/EC are replaced by a reference to Article 15 of Directive (EU) 2016/797;(b) in point (b) the references to Article 16(2)(c) of Directive 2004/49/EC and Article 18 of Directive 2004/49/EC are replaced by references to Article 16(2)(d) of Directive (EU) 2016/798 of the European Parliament and of the Council (*)(*) 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, p. 102 ). and Article 19 of Directive (EU) 2016/798 respectively;

(a) in point (a), the references to Article 18 of Directive 2008/57/EC and Article 16(2)(c) of Directive 2004/49/EC are replaced by a reference to Article 15 of Directive (EU) 2016/797;

(b) in point (b) the references to Article 16(2)(c) of Directive 2004/49/EC and Article 18 of Directive 2004/49/EC are replaced by references to Article 16(2)(d) of Directive (EU) 2016/798 of the European Parliament and of the Council (*)(*) 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, p. 102 ). and Article 19 of Directive (EU) 2016/798 respectively;

(7) in Article 9, the references to Articles 16 to 18 of Directive 2008/57/EC and Article 26 of Directive 2008/57/EC are replaced by references to Articles 13 to 15 of Directive (EU) 2016/797 and Article 24 of Directive (EU) 2016/797 respectively;

(8) Article 10 is amended as follows:(a) in paragraph 4, the reference to Article 6 of Directive 2008/57/EC is replaced by a reference to Article 5 of Directive (EU) 2016/797;(b) in paragraph 5, the reference to Directive 2008/57/EC is replaced by a reference to Directive (EU) 2016/797;

(a) in paragraph 4, the reference to Article 6 of Directive 2008/57/EC is replaced by a reference to Article 5 of Directive (EU) 2016/797;

(b) in paragraph 5, the reference to Directive 2008/57/EC is replaced by a reference to Directive (EU) 2016/797;

(9) the following paragraph 3 is added in Article 11:3.Section 7.1.3.1 of the Annex to this Regulation shall not apply for vehicles placed on the market after 31 December 2028 . Vehicles placed on the market after that date shall be conform to chapters 4, 5 and 6 of the Annex to the present Regulation.;

(10) the following paragraph 4 is added in Article 11:4.Member States may only in duly justified cases permit applicants not to apply this Regulation or parts of it pursuant to Article 7(1)(a) of Directive 2016/797/EC for projects for which the possibility to apply sections 7.1.1.2 or 7.1.3.1 of the Annex exists or has expired. The application of sections 7.1.1.2 or 7.1.3.1 of the Annex does not require the application of Article 7(1)(a) of Directive 2016/797/EC.;

Regulation (EU) No 1303/2014 is amended as follows:

With regard to specific cases listed in Section 7.3 of the Annex, the conditions to be met for the verification of the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down in Section 7.3 of the Annex or by national rules in force in the Member State which authorises the placing in service of the fixed subsystems or which is part of the area of use of the vehicles covered by this Regulation.;

Commission Regulation (EU) No 1302/2014 of 18 November 2014 concerning a technical specification for interoperability relating to the rolling stock — locomotives and passenger rolling stock subsystem of the rail system in the European Union (OJ L 356, 12.12.2014, p. 228 ).

(11) the Annex is amended in accordance with Annex IV to this Regulation.

(1) in Article 2, the reference to Annex II to Directive 2008/57/EC is replaced by a reference to Annex II to Directive (EU) 2016/797 (*)(*) 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 (OJ L 138, 26.5.2016, p. 44 ).;

(2) Article 4 is amended as follows:(a) paragraph 1 is replaced by the following:1.With regard to specific cases listed in Section 7.3 of the Annex, the conditions to be met for the verification of the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down in Section 7.3 of the Annex or by national rules in force in the Member State which authorises the placing in service of the fixed subsystems or which is part of the area of use of the vehicles covered by this Regulation.; (b) point (c) of paragraph 2 is replaced by the following:(c) the bodies designated to carry out the conformity assessment and verification procedures for the national rules relating to the specific cases set out in point 7.3 of the Annex;

(a) paragraph 1 is replaced by the following:1.With regard to specific cases listed in Section 7.3 of the Annex, the conditions to be met for the verification of the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down in Section 7.3 of the Annex or by national rules in force in the Member State which authorises the placing in service of the fixed subsystems or which is part of the area of use of the vehicles covered by this Regulation.;

(3) Article 8 is amended as follows:(a) in paragraph 4, the reference to Article 6 of Directive 2008/57/EC is replaced by a reference to Article 5 of Directive (EU) 2016/797;(b) in paragraph 5, the reference to Directive 2008/57/EC is replaced by a reference to Directive (EU) 2016/797;

(a) in paragraph 4, the reference to Article 6 of Directive 2008/57/EC is replaced by a reference to Article 5 of Directive (EU) 2016/797;

(b) in paragraph 5, the reference to Directive 2008/57/EC is replaced by a reference to Directive (EU) 2016/797;

(4) the Annex is amended in accordance with Annex V to this Regulation.

Commission Regulation (EU) No 321/2013 of 13 March 2013 concerning the technical specification relating to the subsystem rolling stock — freight wagons of the rail system in the European Union and repealing Decision 2006/861/EC (OJ L 104, 12.4.2013, p. 1 ).

Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the control-command and signalling subsystems of the rail system in the European Union (OJ L 158, 15.6.2016, p. 1 ).

In accordance with Regulations (EU) No 1299/2014 and (EU) No 1303/2014, each Member State shall update its national implementation plan for the INF TSI and SRT TSI. Each Member State shall forward its updated implementation plan to the other Member States and the Commission by 1 January 2020 .

Commission Implementing Regulation (EU) 2018/545 of 4 April 2018 establishing practical arrangements for the railway vehicle authorisation and railway vehicle type authorisation process pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council (OJ L 90, 6.4.2018, p. 66 ).

Notifications of conformity assessment bodies for the purposes of Regulations (EU) No 321/2013, (EU) No 1299/2014, (EU) No 1301/2014, (EU) No 1302/2014, (EU) No 1303/2014 and (EU) 2016/919 shall remain valid on the basis of those Regulations, as amended by the present Regulation.

Conformity assessment bodies notified in accordance with Directive 2008/57/EC may issue EC certificate of verification and EC certificate of conformity or suitability for use of interoperability constituents in accordance with this Regulation as long as Directive 2008/57/EC applies in the Member State where they are established in accordance with Article 57(2) of Directive (EU) 2016/797 and until 15 June 2020 at the latest.

Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (OJ L 191, 18.7.2008, p. 1 ).

If errors that do not allow the system to provide a normal service are detected, the Agency shall of its own motion or at the request of the Commission identify as soon as possible solutions to correct them and an evaluation of their impact on the compatibility and stability of the existing ERTMS deployment. In such cases, the Agency shall send to the Commission an opinion on such solutions and the evaluation. The Commission shall analyse the Agency's opinion, assisted by the committee referred to in Article 51(1) of Directive (EU) 2016/797, and may recommend that the solutions specified in the Agency's opinion apply until the next revision of the TSI.

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 2019 .

Commission Implementing Decision 2011/665/EU of 4 October 2011 on the European register of authorised types of railway vehicles (OJ L 264, 8.10.2011, p. 32 ).

By June 2021, taking into consideration the input from Shift2Rail and the Agency, the Commission shall issue a report on the definition of the next generation communication system. The report shall include the conditions and possible strategies for the migration to that system with due considerations for the coexistence of the system and spectrum requirements.

Where the Agency has issued an opinion with the draft release specifications relating to an ERTMS game changer as identified within ERA-REP-150, suppliers and early implementers shall use those specifications in their pilots and shall inform the Agency.;

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 (OJ L 138, 26.5.2016, p. 44 ).;

By 1 June 2020 , the Agency shall send a report to the Commission on the implementation of ETCS system compatibility (ESC) and radio system compatibility (RSC). The report shall include an assessment of the differing types of ESC and RSC, and the potential for reducing the underlying technical divergences of ESC and RSC types. Member States shall provide the Agency with the necessary information to complete the analysis.

By 1 December 2021 , the Commission shall, based on input from the Agency, define the necessary steps to eliminate the tests or checks to prove technical compatibility of on-board units with different ERTMS trackside implementations, in particular to achieve harmonisation of engineering and operational rules at Member State level and between Member States. Member States shall provide the Commission and the Agency with the necessary information to complete the analysis.

By 1 December 2020 , the Agency shall send a report to the Commission on the potential for including further elements of trackside and vehicle control-command and signalling system architecture, in particular to achieve a future proof design, facilitating the use of state of the art technology and ensuring backward compatibility.;

The Agency shall insert in the European register of authorised types of vehicles information on the vehicle type authorisations or vehicle type variants it has granted and on new versions of a vehicle type or of a vehicle type variant in accordance with Article 50 of Commission Implementing Regulation (EU) 2018/545Commission Implementing Regulation (EU) 2018/545 of 4 April 2018 establishing practical arrangements for the railway vehicle authorisation and railway vehicle type authorisation process pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council (OJ L 90, 6.4.2018, p. 66 ).; , as set out in Annex II to this Decision.

Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC (OJ L 268, 26.10.2018, p. 53 ).;

HAS ADOPTED THIS REGULATION: