EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2022) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
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  
This draft has not been adopted or endorsed by the European Commis sion. Any 
views expressed are the preliminary views of the Commission services and may not 
in any circumstances be regarded as stating an official position of the Commission.    
EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
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  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union,  
Having regard to Directive (EU) 2016/797 of the European Pa rliament and of the Council of 
11 May 2016 on the interoperability of the rail system within the European Union1, and in 
particular Article 5(11)  thereof,  
Whereas:  
(1) Commission Regulation (EU) 2016/9192 lays down the technical specification for 
interoperability (TSI) relating to the ‘control -command and signalling’ (CCS) 
subsystems . 
(2) Pursuant to Article 3(5) , point s (b) and (f)  of Commission Delegated Decision (EU) 
2017/14743, TSIs are to be reviewed in order to take into account the developments of 
the Union railway system and related research and innovation activities, and update 
references to standards.  
(3) On 24  January  2020, in accordance with Article 19(1) of Regulation (EU) 2016/796 of 
the European Parliamen t and of the Council4, the Commission asked the European 
Union Agency for Railways (the ‘Agency ’) to prepare recommendations 
implementing a selection of the specific objectives set out in  Articles 3 and 7 of  
Delegated Decision (EU) 2017/1474 . 
(4) On 30 June 20 22, the Agency issued a recommendation relating to the CCS 
subsystems (ERA -REC -1175 -1218 -2022/REC). This Regulation is based on that 
recommendation.  
(5) The existing regulatory framework should be modernised in order to enable new 
functionalities associated wi th the  digitalisation of railway networks . The efficiency 
and sustainability of rail freight  should be improved  through  further harmonisation of 
the European Rail Traffic Management System  (ERTMS ) and a broader and more 
                                                 
1 OJ L 138, 26.5.2016, p. 44 . 
2 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 ra il system in the 
European Union ( OJ L 158, 15.6.2016, p. 1 ). 
3 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).  
4 Regulation (EU)  2016/796 of the European Parliament and of the Council  of 11 May 2016 on the 
European Union Agency for Railways and repeal ing Regulation (E C) No 881/200 ( OJ L 138, 
26.5.2016, p. 1 ).  
EN 2  EN systematic deployment of  the ERTMS across the Union, notably on trans-European 
transport networks.  
(6) The new functionalities associated with digitalisation of railway networks  and 
identified in the ERTMS Longer Term Perspective Report  of the Agency require d the 
update of the TSI on CCS  subsystems. These new technologies requested by the 
railway sector , as well, were the Future Railway Mobile Communication System 
(FRMCS), automated train operations, advanced train positioning, and digital 
automatic couplers .  
(7) Therefore, this revision delivers both full specifications for a utomated train operations 
(grade of operations 2) and the interface to FRMCS , which  were available. Full 
FRMCS, advanced train positioning , and digital automatic coupler specifications were 
not yet available  due to the need for further development . 
(8) |In order to keep pace with technological progress , innovative solutions may be 
required, which do not comply with the specifications set out in the Annex or for 
which the assessment methods set out in the Annex cannot be ap plied.  Such innovative 
solutions, especially those coming from the Europe’s Rail Joint Undertaking (ER  JU), 
should be promoted and their voluntary  implementation should, under certain 
conditions, be allowed.  For this purpose it is appropriate to provide a process for such 
innovative solutions to be validated for voluntary  implementation that is harmonised 
for all Member States.  
(9) Commission Implementing Decision (EU) 2021/1730 of 28 September 2021 on the 
harmonised use of the paired frequency bands 874,4 -880,0 MHz and 919,4 -925,0 
MHz and of the unpaired frequency band 1 900 -1 910 MHz for Railway Mobile Radio 
establishes the harmonised conditions for the availability and efficient use of radio 
spectrum for the Railway Mobile Radio (RMR).  Member States are required to use 
these frequencies in order to plan the deployment of FRMCS.  
(10) The European Train Control System (ETCS) is the main signalling and control -
command system used as part of the ERTMS. To adapt it to the updated needs of the 
rail sector, two new sys tem versions of the ETCS (system version 2.2 and system 
version 3.0) are introduced in the latest update of ETCS , i.e. Baseline 4  and included 
in this revision . System version 2.2 is fully backwards  compatible . System version 3.0 
is not compatible  because it includes functionalities , which are required on -board 
when implemented track -side. 
(11) In order to achieve further harmonisation of the ERTMS , this revision provid es a new 
coherent transition and migration regime , ensur es a robust procedure for correcting 
errors in specification s, reduces the scope for partial fulfilment , and phases out the 
need for compatibility checks.  
(12) The new transition and migration regime has been developed to provide a consistent 
framework for the deployment of new functionalities in relation to the CCS TSI on the 
rail network. The aim of this regime is to ensure a balance between the interests of 
railway stakeholders, in particular  infrastructure managers and railway undertakings.  
(13) Considering the fact that the ERTMS is a complex software -based system requiring 
active specification maintenance, the Agency in its capacity of system authority for the 
ERTMS should support the resolution  of error corrections  in ERTMS specification s. 
To ensure safety and interoperability, the procedure to implement these error 
corrections into the interoperability constituents and CCS subsystems  should be 
specified .  
EN 3  EN (14) Full TSI compliance ensures the achievement of the Single European Rail Area from a 
technical point of view. It ensures interoperable vehicles and increases their potential 
reuse value. Partial fulfilment was initially perceived as necessary to take into a ccount 
some national constraints, but should be reduced significantly in scope in this 
regulation to reach the goal above.  
(15) Even a successful certification process cannot always prevent one of the subsystems 
repeatedly fail ing to function or perform as int ended under certain conditions  when an 
on-board CCS subsystem interacts with a trackside CCS subsystem . Therefore, checks 
should  be carried out to demonstrate the technical compatibility of the CCS  
subsystems in the area of use for a vehicle.  
(16) The necessity  of these checks should be considered a temporary measure to increase 
confidence in the technical compatibility between the subsystems. The principles 
applicable to those checks should be transparent and prepare the ground for further 
harmonisation. The po ssibility of conducting those checks in a laboratory representing 
the trackside configuration to be made available by the infrastructure manager should 
be prioritised. To reduce the checks to a minimum , each Member State should 
promote harmonisation within  its infrastructure.  
(17) Consideration should be given to the steps required  to increase , in the shortest possible 
time, confidence in the technical compatibility of on -board units with different 
trackside implementations of ERTMS ; and to reduce and eliminate  the tests or checks 
needed to prove  the technical compatibility of on -board units with different trackside 
implementations of ERTMS . Therefore, the Agency should assess the underlying 
technical divergences and decide on the necessary steps to eliminate th e need for tests 
or checks to prove  the technical compatibility of on -board units with different 
trackside implementations.  
(18) Regulation (EU) 2016/919 should therefore be repealed.  
(19) 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 ,  
HAS ADOPTED THIS REGULATION:  
Article 1  
Subject matter  
This Regulation establishes the  technical specification for interoperability (TSI) relating to the 
control -command and signalling (CCS)  subsystems of the rail system in the Union.  
Article 2  
Scope  
1. The TSI shall apply to new trackside CCS  and on -board CCS  subsystems of the rail 
system as defined in points 2.3 and 2.4 of Annex II to Directive (EU) 2016/797.  
Point  7.2.1 .1 of Annex I to this Regulation shall apply to all changes to an existing 
on-board CCS subsystem.  
2. The TSI shall not apply to existing trackside CCS  and on -board CCS  subsystems of 
the rail system  already placed in service on all or part of any Member State’s r ailway 
network by [OP – please insert the exact date – the day of entry into force of this 
Regulation] .   
EN 4  EN 3. However, the TSI shall apply to existing trackside and o n-board CCS subsystems  
that have  one of the following characteristics : 
(a) the subsystem is subject to renewal or upgrading in accordance with Chapter 7 
of Annex I to this Regulation;   
(b) the area of use is extended in accordance with Article 54(3) of Directive ( EU) 
2016/797, in which case point  7.4.2.4 of the Annex  I to this Regulation  shall 
apply ;  
(c) the subsystem is subject to the specification maintenance requirements set out 
in point  7.2.10 of Annex I to this Regulation . 
4. The technical and geogra phical scope of the TSI is set out in points 1.1 and 1.2 of 
Annex  I. 
Article 3 
Open points  
1. With regard to the aspects listed as ‘open points’ in Appendix F of Annex  I to this 
Regulation , the conditions to be complied with for verifying the essential 
requirements set out in Annex III to Directive (EU) 2016/797 may be laid down by 
national rules in force in a Member State.  
2. By [OP – please insert exact date (within six months of the entry i nto force of this 
Regulation) ], each Member State shall submit to the Agency in accordance with the 
procedure under Article s 25 of Regulation (E U) 2016/796 the following information, 
unless such information has already been communicated to either the Agenc y or 
Commission pursuant to previous version of this Regulation : 
(a) the national rules referred to in paragraph 1;  
(b) the conformity assessment and verification procedures to be carried out to 
apply the national rules referred to in paragraph 1;  
(c) the bodies desig nated to carry out the conformity assessment and verification 
procedures with respect to the open points.  
Article 4  
Specific cases   
1. With regard to specific cases listed in point 7.7.2 of Annex  I to this Regulation , 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. 7.2 of 
Annex I or if justified, may be laid down by national rules in force in a Member 
State . 
2. By [OP – please insert exact date (within six months of the entry into force of this 
Regulation) ], each Member State shall submit  to the Agency in accordance with the 
procedure under Article 25 of Regulation (EU) 2016/796 the following information, 
unless such information has already been communicated to either the Agency or 
Commission pursuant to previous version of this Regulation:  
3. : 
(a) the national rules referred to in paragraph 1;   
EN 5  EN (b) the conformity assessment and verification procedures to be carried out to 
apply the national rules refer red to in paragraph 1;  
(c) the bodies designated to carry out the conformity assessment and verification 
procedures with respect to the open points.  
Article 5 
Implementation  
1. Manufacturer s and applicants for authorisation for placing in service of infrastr ucture 
or for placing on the market of vehicles shall ensure that subsystems  referred to in 
Article 2 of this Regulation and intended to be used on the networks referred to in 
Article 2(1) of Directive (EU) 2016/797  compl y with the TSI set out in Annex  I of 
this Regulation . 
2. Manufacturer s and infrastructure managers, railway undertakings , or any other entity 
responsible for the rail vehicle or infrastructure, shall ensure that subsystems  referred 
to in Article 2 compl y with the specification maintenance requirements set out in 
point 7.2.10 of Annex  I. 
3. Notified bodies shall ensure that certificates based on Chapter 6 of Annex I of this 
Regulation  are issued within their responsibilities for interoperability constituents or 
subsystems in accordance with  Articles 10 or 15 of Directive (EU) 2016/797 , 
respectively . 
4. Member States shall notify their national implementation plan drawn up in 
accordance with point 7.4.4 of the Annex I to the Commission and the Agency by 
15 December  2023.  
Article 6  
Availability of ETCS, ATO and FRMCS on -board products  
1. The Agency shall prepare by  1 January 2025 a report to the Commission on  
(a) the availability of ETCS on -board products compliant with ETCS Baseline 4 
specification s. 
(b) the availability  of ATO on -board products compliant with ATO Baseline 1 
specifications . 
(c) the availability of FRMCS on -board prototypes  based on draft release 
specifications . 
2. The Commission shall present it s report  to the Committee referred to in Article 51 of 
Directive (EU) 2016/797 and take appropriate measures.  
 
Article 7 
Class -B systems  
1. Member States shall ensure that the functionality, performance , and interfaces of the 
Class -B systems remain as specified in Annex II to this regulation , unless  
modifications are needed to mitigate safety -critical errors  in those systems.   
EN 6  EN 2. Member States shall notify the Commission and the Agency about the modifications 
referred to in paragraph 1  and request a technical opinion of compliance from the 
Agency based o n Article 10(1) and (3) of the EU Regulation 796/2016.  
Article 8 
Union funded projects  
1. Financial support from Union funds  shall not be granted for any railway project 
which includes the installation or upgrade of any train protection system other than 
ETCS . 
2. Vehicles subject to paragraph 1 that circulate on routes only equipped with Class -B 
systems shall be granted Union funds only if using options indicated in the Annex I 
section 4.2.6.1 (1) and (2).  
Article 9 
Error corrections  
1. Pursuant to its role as system authority for ERTMS  under  Article 28 of Regulation 
(EU) 2016/796 , the Agency shall analyse all requests made to it for changes to the 
system .  It shall  prioritise  change requests that it categorise s as errors that potentially 
prevent the normal service of the rail system . 
2. The Agency shall regularly provide a maintenance release of the specifications at the 
request of the Commission according to the specification maintenance procedure set 
out in Annex I to this Regulation . 
Article 10 
Future Railway M obile Communication System  
Where the Agency has issued an opinion with the draft release specifications relating to the 
Future Railway Mobile Communication System (FRMCS), manufacturers  and early 
implementers shall use those specifications in their pilots and shall inform the Commission 
and the Agency  about each pilot at its beginning , and keep them informed of the subsequent 
progress of those pilots . 
Article 11 
Innovative solutions  
1. For innovative solutions that technological progress requires and have been approved 
by the System Pillar of the Europe’s Rail Joint Undertaking (ERJU), the ERJU shall  
submit innovative solutions to the Commission together  with information on how 
these solutions deviate from or suppl ement the relevant provisions of this TSI. 
2. The Commission shall request an opinion of the Agency on the innovative solution  
pursuant to Article 6  of Directive (EU) 2016/797  
3. The Agency, as system authority, shall deliver an opinion on the innovative solution. 
The Commission shall analyse the Ag ency’s opinion and may ask the ERJU to 
provide  the appropriate functional and interface specifications and the assessment 
method, all of which need to be included in the TSI in order to make possible  the use 
of the innovative solution .   
EN 7  EN 4. The Commission may ask t he Agency  to integrate the specifications and assessment 
methods in an ERA recommendation  pursuant to Article 5 of Directive (EU) 
2016/797. Pending the review of the TSI, the Commission  may ask the Agency  to 
issue an opinion with the draft release specifications and assessment method  of the 
innovative solution . 
Article 12 
ERTMS compatibility and future revision  
5. By 16 June 2023 , infrastructure managers shall submit  to the Agency the definition 
of the checks for the compatibility of vehicles with the infrastructure regarding the 
ETCS system  and the radio system  for the existing lines equipped with ERTMS or 
GSM -R in operation. Member States shall repeal the related national rules by the 
same date. By 1  June 2024, the Agency , based on input from Member States , shall 
provide the Commission with its analysis on how to phase out the checks to prove 
the technical compatibility of on -board units with different ERTMS trackside 
implementations  and to achieve harmonisatio n of engineering and operational rules 
for the Single European Rail Area.  
Article 13 
Train -detection compatibility  
1. By 31  December  2024, Member States that operate non -TSI-compliant train -
detection systems must request a specific case and shall notify the Agency of these 
system s by inform ing it about :  
(a) the interference currents for track circuits including the evaluation methods and 
vehicle impedance in accordance with clause 3.2.2 of ERA/ERTMS/033281 
rev 5. 0;  
(b) field limits for axle counters in X , Y, Z axis including the evaluation methods 
in accordance with clause 3.2.1 of ERA/ERTMS/033281 rev 5.0.  
2. Member States [the infrastructure manager or any other o wner of that information ] 
shall provide the Agency with the information and requirements in t he form of 
technical documents, which the Agency shall publish on its website. By 
31 December  2024, Member States shall inform the Agency about the required 
interference current limits/  frequencies from the frequency management for TSI -
compliant train -detection systems as specified in sections 3.2.2.1 to 3.2.2.6 
ERA/ERTMS/033281 rev 5.0 for their relevant networks. These limits/  frequencies 
shall be published on the Agency ’s website.  
3. Infrastructure Managers  shall update accordingly the values of the relevan t 
parameter s of the Register of Infrastructure.  
4. By 31  December  2024, Member States shall repeal all national rules concerning 
compatibility with train -detection systems , except f or cases covered by Article 
13(2)(f) of Directive (EU) 2016/797.  
 
Article 14 
Repeal   
EN 8  EN Regulation (EU) 2016/919 is repealed.  
[It shall however continue to apply to subsystems authorised in accordance with that 
Regulation that do not fall under the scope of this Regulation pursuant to Article 2. ] 
 
Infrastructure Managers  continue to be bound by t he obligation to notify the definition of the 
checks for the compatibility of vehicles with the infrastructure regarding the ETCS system 
and the radio system for the existing lines with ERTMS or GSM -R in operation pursuant to 
section 6.1.2.4 of the Annex to Regulation (EU) 2016/919 by [ ] December  2020.  
 
 
Article 15 
Transitional provision  
Transition al arrangements  are set out  in Appendix B of the Annex  I. 
Article 16 
Entry into force  
This Regulation shall enter into force on the 20th day following that of its publication in the 
Official Journal of the European Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula von der Leye n