EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…] 
[…](2017) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Regulation (EU) No 1301/2014 and Regulation (EU) No 1302/2014 as regards 
provisions on energy measuring system and data collecting system   EN 2  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending  Regulation (EU) No 1301/2014 and Regulation (EU) No 1302/2014 as regards 
provisions on energy measuring system and data collecting system  
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  5(11)  thereof,  
Whereas:  
(1) Article 1 9 of Regulation (E U) No 2016/796  of the Europ ean Parliament and of the 
Council2 requires the European Union Agency for Rai lways (the 'Agency ') to address 
recommendations to the Commission on the  technical specifications for 
interoperability  ('TSIs')  and their revision, in accordance with Article 5 of  Directive 
(EU) 2016/79 7, and to ensure that TSIs are adapted to technical progress, marke t 
trends and social requirements . 
(2) Article 3(5) (c) of Decision (EU) 2017/14743 requires  TSIs to be reviewed in order to 
close the remaining open points . 
(3) On 22 Septembe r 2017, the Commission  requested the Agency to issue  
recommendations pursuant to Article 5 paragraph 2 of Directive (EU) 2016/797  for the 
revision  of the TSIs relating to the ‘energy’ subsystem of the rail system in the Union  
(‘ENE TSI’ ), and the TSI relating to the ‘rolling stock — locomotives and passenger 
rolling stock’ subsystem of the rail system in the Union  (‘LOC&PAS  TSI’). 
(4) The Annex  to Regulation (EU) No 1301/20144 should  be amended in order to close 
the open point addressing the specification related to interface protocols between 
energy measuring system ( 'EMS ') and data collecting system  and to improve the 
clarity of the text . 
                                                 
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 –43). 
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 ob jectives for the 
drafting, adoption and review of technical specifications for interoperability (OJ L 210, 15.8.2017, p. 5 –
15). 
4  Commission Regulation (EU) No 1301/2014 of 18 November 2014 on the technical specifications for 
interoperability relating to the ‘energy’ subsystem of the rail system in the Union, (OJ L 356, 
12.12.2014, p. 179).  EN 3  EN (5) The Annex to Regulation (EU) No 1302/20145 related to EMS should be amended  in 
order to ensure coherence  between the two TSIs . 
(6) On 4 October  2017, the Agency issued a recommendation on the amendments to the 
Regulation (EU) No 1301/2014 . 
(7) On 14 November  2017, the Agency issued a recommendat ion on the amendments to 
the Regulation (EU) No 1302/2014 , covering among others the provisions related to 
EMS . 
(8) 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  
Commission Regulation (EU) No 130 1/2014  is amended as follow s: 
(1) Article 3 is deleted ; 
(2) in Article 9, paragraph 4 is replaced by the following : 
‘In addition to the implementation of the on -ground energy data collecting system 
(DCS) defined in point 7.2.4 of the Annex and without prejudice to provisions of 
point 4.2.8.2.8 of the Annex of Commission Regulation (EU) No 1302/2014, 
Member States shall ensure that an on -ground settlement system capabl e to receive 
data from a DCS and accept it for billing is implemented within two years after 
entering into force this Regulation . The on -ground settlement system shall be able to 
exchange compiled energy billing data (CEBD) with other settlement systems, 
validate the CEBD and allocate the consumption data to the correct parties. This 
shall be done by taking into account the relevant legislation concerning the energy 
market. ’; 
(3) the Annex to Regulation (EU) No 1301/2014  is amended in accordance with the 
Annex  I to this Implementing Regulation.  
Article 2  
Commission Regulation (EU) No 130 2/2014  is amended as follow s: the Annex to Regulation 
(EU) No 130 2/2014 is amended in accordance with the Annex  II to this Implementing 
Regulation . 
Article 3 
This Regulation shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the European Union . 
This Regulation shall be binding in its entirety and applicable in all Member States  from 1 
July. 
                                                 
5  Commission Regulation (EU) No 1302/2014 of 18 November 2014 concerning a technical specification 
for interoperability relating to the ‘rolling stock — locomotives an d passenger rolling stock’ subsystem 
of the rail system in the European Union (OJ L 356, 12.12.2014, p. 228).  EN 4  EN Done at Brussels,  
 For the Commission  
 The President  
 Jean -Claude JUNCKER