EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2018) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Commission Regulations (EU) No 321/2013, No 1299/2014, No  1301/2014, 
No 1302/2014, No 1303/2014 and No  1304/2014, Regulation (EU) 2016/919 and 
Commission  Implementing Decision 2011/665/EU as regards the alignment with 
Directive  (EU)  2016/797 of th e European Parliament and of the Council and the 
implementation of specific objectives set out in Commission  Delegated 
Decision  (EU)  2017/1474  
 
(Text with EEA relevance)    
EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Commission Regulations (EU) No 321/2013, No 1299/2014, No  1301/2014, 
No 1302/2014, No 1303/2014 and No  1304/2014, Regulation (EU) 2016/919 and 
Commission  Implementing Decision 2011/665/EU as regards the alignment with 
Directive  (EU)  2016/797 of the European Parliament and of the Council and the 
implementation of specific objectives set o ut in Commission  Delegated 
Decision  (EU)  2017/1474  
 
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Directive ( EU) 2016/79 7 of the European Parliament  and of the Council of 
11 May 2016  on the interoperability of the rail system within the European Union1, and in 
particular Article s 5(11)  and 48(2)  thereof,  
Whereas:  
(1) In accordance with Article 1 9 of Regulation (E U) No  2016/796  of the European 
Parliament and of the Council2 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 technic al 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 th e 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 . 
(3) Commission Delegated Decision (EU)  2017/14743 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.  
                                                 
1 OJ L 138, 26.5.2016, p. 44  
2 Regulation (EU)  No 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) . 
3 Commission Delegated Decision (EU) 2017/1474 of 8 June 2017 supplem enting 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).  
EN 2  EN (5) Furthermore  TSIs should  be reviewed in order to close the remaining open points . In 
partic ular, 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  1299/20144. 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 1302/20145 . 
Open points as regards  specifications on test conditions for on -track tests and  variable 
gauge systems should be closed in Commi ssion Regulation (EU) No  321/20136. 
(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 provision s 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 pa ssenger trains  should be facilitated.  
(7) Certain  components  for which a single failure has potential to lead directly to a serious 
accident are c ritical for the safety of the rail system  and should be labelled as ‘safety -
critical’ on a case -by-case basis . The manufacturer should identif y safety -critical 
component s in the vehicle maintenance file . 
(8) Trackside and on -board investments should be protected by guaranteeing backward 
compatibility and stability of the specifications of the European rail traffic 
management system (ERTMS) . 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 cert ain conditions, be allowed.  Where the Agency issue s draft release 
specifications of ERTMS game changers before the planned legal release in 2022 , 
suppliers and early implementers should use the specifications in their pilot phase.  
(9) Not e ven a successful cer tification process can always exclude the risk , when on -board 
and trackside control -command and signalling subsystems interact, of one of the m 
repeatedly failing to function or perform as intended under certain conditions. This 
may be due to variance in na tional 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 the se checks should  be considered as a temporary measure 
to increase the confidence on the technical compatibility between the subsystems. In 
                                                 
4 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 ). 
5 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).  
6 Commission Regulation (EU ) No 321/2013 of 13 March 2013 concerning the technical specification for 
interoperability of the rail system in the European Union and repealing Decision 2006/861/EC ( OJ L 104, 
12.4.2013, p. 1 ).  
EN 3  EN addition, Commission  Regulation (EU) 2016/9197 should specify the procedure for 
those checks. In particular,  the principles applicable to those checks should be 
transparent a nd 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 . 
(10) To limit to a minimum the checks e ach Member State should promote harmonisation 
amongst its infrastructures. 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 reque sted per Member State.  
(11) 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 compatibil ity of on -board units 
with different trackside implementations.  
(12) Directive (EU) 2016/797  and Commission Implementing Regulation (EU) 2018/5458 
set out the Agency’ s role as authorising entity. In addition, 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 version s of a vehicle type and version s 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 
version s of a vehicle type and version s of a vehicle type variant  should be adapted 
accordingly.  
(13) Regulation s (EU) No 321/2013 , (EU) No 1302/2014 , and (EU) 2016/919  should  take 
into account c hanges 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 requiremen ts regarding change s that impact them. The list of ERATV parameters 
should be amended  accordingly . 
(14) 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 previou s version of the TSIs . 
(15) 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 i n view of covering 
essential requirements. It enables to achieve the objective s and to meet the essential 
requirement s of both Directives  2008/57/EC and (EU) 2016/797 . Therefore this 
Regulation should be directly applicable in all  Member States including M ember 
                                                 
7 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 ). 
8 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 ).  
EN 4  EN 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 e stablished . 
(16) On 17 December 2015, 6 January 2016 and 14 November 2017 , the Agency issued 
three  recommendation s 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 . 
(17) On 11 April 2016, the Agency issued a recommendation on the amendment to 
Regulation (EU) No 321/2013 covering the closing of open -points.  
(18) On 4 October  2017, the Agency issued a recommendation on the amendment to 
Regulation  (EU) No  1299/2014  covering the closing of open -points . 
(19) 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/EU9 covering the changes in the procedure for 
placing mobile subsystems on the market, including the checking of vehicle -route 
compatibility  before the first u se of authorised vehicles and provisions applicable to 
existing subsystems and vehicles, in particular in the event of their upgrading and 
renewal.  
(20) 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 . 
(21) On XXX November 2018, the Agency issued a recommendation on the amendment to 
Regulation (EU) No 130 3/2014 covering the changes to align this Regulation with 
Directive (EU) 2016/797.  
(22) On XX X November 2018, the Agency is sued a recommendation on the amendment to 
Regulations (EU) No  1299/2014, (EU) No  1301/2014  and (EU) No 130 4/2014 
covering the changes to align those Regulations  with Directive (EU) 2016/797 . 
(23) Regulation  (EU) No 1299/2014 , Regulation (EU) No 1301/2014 , Regulation (EU) No 
1302/2014 , Regulation (EU) No 1303/2014 , Regulation (EU) No 1304/2014 , 
Regulation (EU) No 321/2013, Regulation (EU) 2016/919 and Implementing Decision 
2011/665/EU should therefore be amended accordingly . 
(24) 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 ,  
                                                 
9 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)   
EN 5  EN HAS ADOPTED THIS REGULATION:  
Article 1  
Regulation (EU) No  321/2013  is amended as follows:  
(1) in Article 2 (1) , the refere nce 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 ’;  
(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 Regulation (EU) No  321/2013’;  
(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 poin t 7.6.4 of Decision 2009/107/EC may receive 
this marking ‘GE’  without any additional third party assessment or new auth orisation 
for placing on the market . The use of this marking in wagons in operation remains 
under the responsibility of the railway under takings. ’; 
(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 as sessment 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 ’;  
(5) Articles 8 is amended as fo llows:  
(a) paragraph 2 is replaced by the following:   
EN 6  EN ‘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 marke t. ’; 
(b) in point (b) of paragraph 3, the reference  to ‘Article 1 8 of Directive 2004/49/EC’ is 
replaced by a reference  to ‘Article 19 of Directive (EU)  2016/798’;  
(6) Article 8a 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 date of 
application of this Regulation .’; 
(b) paragraph 2 is replaced by the following:  
'2.  The production, upg rade 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 t o ‘Article 19 of Directive (EU)  2016/798’;  
(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’;  
(8) 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’;  
(9) the Annex is amended in accordance with Annex  I to this  Regulation.  
Article 2 
Regulat ion (EU) No 1299/2014  is amended as follows:  
(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 ’; 
(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 ’;  
EN 7  EN (c) paragraph 4 is deleted ; 
(2) Article 3 is amended  as follows:  
(a) paragraph 1 is replaced by the following : 
‘1. With regard to the aspect s 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 authorise 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 confo rmity assessment and verification 
procedures with respect to the open points ’; 
(3)  Article 4 is amended  as follows:  
(a) paragraph 1 of is replaced  by the following : 
‘1. With regard to spec ific cases listed in Section 7.7  of the Annex, the conditions to 
be met fo r 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 subsyste m 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 reference s to  ‘Article  16(2)( d) of 
Directive (EU)   2016/798’  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 ’; 
(8) the Annex is amended in accordance with Annex II to this Regulation.  
Article 3 
Regulation (EU) No  1301/2014  is amended as follow s: 
(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 ’;  
EN 8  EN (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 deleted ; 
(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 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 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) 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 authorise s 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 nation al rules relating to the specific cases set out in point 7.4.2 of 
the Annex ’;  
(4) Article 7 (3) is amended as follows:  
(a) in point (a) , the reference  to ‘Article 1 8 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 reference s to ‘ ‘Article  16(2)(d)  of 
Directive (EU) 2016/798’ and Article 19 of Directive  (EU)  2016/798’  respectively ; 
(5) in Article 9 , paragraph 2 is deleted;  
(6) 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’;  
(7) the Annex is a mended in accordance with Annex  III to this Regulation.  
Article 4 
Regulation (EU) No  1302/2014 is amended as follows:   
EN 9  EN (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 ’;  
(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 State s 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) Article 5 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 r equirements 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 s 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 1 8 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 reference s to Article  16(2)(d)  of 
Directive (EU)  2016/7 98’ and ‘Article 19 of Directive  (EU)  2016/798’  respectively ; 
(7) in Article 9, the references  to ‘Article s 16  to 18 of Directive 2008/57/EC ’ and 
‘Article 26 of Directive 2008/57/EC ’ are replaced by reference s 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 refe rence  to ‘Article 6 of Directive 2008/57/EC ’ is replaced by a 
reference to ‘Article 5  of Directive (EU) 2016/797’;   
EN 10  EN (b) in paragraph 5 , the reference to ‘Directive 2008/57/EC ’ is replaced by a reference  to 
‘Directive (EU) 2016/797’;  
(9) the Annex is a mended in accordance with Annex  IV to this Regulation . 
Article 5 
Regulation (EU) No  1303/2014 is amended as follows:  
(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 ’; 
(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 authorise s the placing in service of 
the fixed subsystem s or which is part of the area of use of the vehicle s covered by 
this Regulation .’; 
(3) 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 7.3 of 
the Annex ’;  
(4) 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’;  
(5) the Annex is a mended in accordance with Annex  V to this Regulation . 
Article 6 
Regulation (EU) No  1304/2014 is amended as follows : 
(1) Article 5  is amended as follows:  
(a) paragraph 1  is replaced by the following : 
‘1. With regard to speci fic cases listed in Section 7.3 .2 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 7.3.2 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’;  
(2) 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 7.3.2 of 
the Annex ’; 
(3) Article 7 is amended as follows:   
EN 11  EN (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 a mended in accordance with Annex  VI to this Regulation.  
Article 7  
Regulation (EU)  2016/919 is amended as follows:  
(1) Article 2  is amended as follows:  
(a) in paragraph 1, the reference to ‘point s 2.3 and 2.4 of Annex II to Directive 
2008/57/EC’ is replaced by a reference to ‘point s 2.3 and 2.4 of  Annex  II to 
Directive (EU) 2016/797’;  
(b) in paragraph 2, the words  ‘Article 20 of Directive 2008/57/EC  and’ are deleted ; 
(c) paragraph 3 is deleted ; 
(2) in Article 3(1), the reference  to ‘Article 17(3) of Directive 2008/57/ EC’ is replaced 
by a reference to ‘Article  14 of Directive  (EU) 2016/ 797’; 
(3) Article 5 is deleted ; 
(4) Article 6 is amended as follows:  
(a) in paragraph 2 , the reference  to  ‘Articles  13 and 18 of Directive 2008/57/ EC’ is 
replaced by the reference to  ‘Articles  10 and 15 of Directive  (EU) 2016/ 797’; 
(b) in paragraph 3 , the reference to  ‘Article  16 of Directive 2004/49/ EC’ is replaced by 
a reference to  ‘Article  16 of Directive  (EU) 2016/ 798’; 
(5) Article 9 is amended as follows:  
(a) in paragraph 4 , the reference to ‘Article 29(1) of Directive 2008/57/EC’ is replaced  
by a reference to ‘Article  51(1) of Directive (EU) 2016/797’;  
(b) in paragraph 5, the reference to ‘points 7.3.2.1, 7.3.2.2 and 7.3.2.3 of 
Decision  2012/88/EU’ is replaced by a reference to ‘Article 2(1) of Commission 
Implementing Regulation (EU) 2017/610 and point 7.4.1.1 of the Annex  to this 
Regulation .’; 
(6) Article s 10 and 11  are replaced by the following :  
‘Article 10 
Error corrections  
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 
                                                 
10 Commission Implementing Regulation (EU) 2017/6 of 5 January 2017 on the European Rail Traffic 
Management System European deployment p lan (OJ L 3, 6.1.2017, p. 6.)   
EN 12  EN 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 ne xt 
revision of the TSI.   
Article 11 
ERTMS game changers  
1. By June 2021, taking into consideration the input from Shift2Rail, the Agency 
shall send a report to the Commission on the definition of the next generation 
communication system. The report shall include the conditions and possible 
strategies for the migra tion 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 pil ots 
and shall inform the Agency . ’; 
(7) the following  Article 11a is inserted:  
 Article 11a 
ERTMS  compatibility and f uture revision  
1. By 1 June 2020, t he Agency shall send a report to the Commission on the 
implementation of ETCS s ystem 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 reduci ng 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, t he Agency shall send a report  to the Commission to 
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 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 inclu ding 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 . ’; 
(8) the Annex  is amended in accordance with Annex  VII to this Regulation.  ’. 
Article 8 
Implementing Decision 2011/665/EU  is amended as follows:  
(1) the following  Article 2a is inserted :  
EN 13  EN ‘Article 2a  
Information to be inserted by the Agency  
The Agency shall insert  in the European register  of authorised types of vehicles  
information  on the vehicle type authorisations  or vehicle type variant s it has granted  
and on new versions of a vehicle type or of a vehicle type variant in accordance with 
Article 50 of Regulation (EU) 2018/545 , as set out in Annex  II to this Decision .’; 
(2) in Article 3 , paragraph 1 is replaced by the following : 
‘1. Member States shall ensure that the national safety authorities provide the 
information on the vehicle type authorisations or vehicle type variant s they have 
granted  and on the new version of a vehicle type or o f a vehicle type variant in 
accordance with Article 50 of Regulation (EU) 2018/545 , as set out in Annex  II 
to this Decision .’; 
(3) Article 4 is replaced by the following:  
‘Article 4 
Restriction codes  
Harmonised restriction codes shall be applicable in all Memb er States.  
The list of harmonised restriction codes shall be t he list referred to in [of 
Implementing Decision  (EU) 2018/ 161411.’; 
(4) Annex I is amended in accordance with Annex VIII to this Regulation . 
(5) Annex II is replaced by Annex IX to this Regulation . 
Article 9  
In accordance with Regulation s (EU) No  1299 /2014 , (EU) No 1 301/2014  and (EU) No 
1303/2014 , each Member State shall update its national implementation plan for the INF TSI, 
ENE TSI and SRT TSI . Each Member State shall forward its updated implement ation plan to 
the other Member  States and the Commission by 1  January  2020 . 
Article 10 
1. Notifications  of conformity  assessment bodies for the purposes  of Regulation s (EU) 
No 321/2013 , (EU) No 1299/2014, (EU) No  1301/2014, (EU) No 1302 /2014 , 
1303 /2014 , and No 1304 /2014  and Regulation (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 a nd ‘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 Directiv e (EU) 2016/797 and until 15 
June 2020 at the latest.  
                                                 
11 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 a mending and repealing Commission Decision 2007/756/EC  (OJ L 268, 26.10.2018, p. 53).   
EN 14  EN Article 11 
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. 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Jean -Claude JUNCKER