REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of delegation of powers to the Commission to adopt delegated acts, pursuant to Article 5(1) and 50 of Directive 2016/797/EU
Date: 2022-01-13
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: European standard, delegated legislation, harmonisation of standards, rail network, safety standard, technical standard, trans-European network, transfer of competence, transport safety, vehicle on rails

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   EUROPEAN COMMISSION  Brussels, 13.1.2022  COM(2022) 7 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of delegation of powers to the Commission to adopt delegated acts, pursuant to Article 5(1) and 50 of Directive 2016/797/EU  
 
 
1. Introduction 
Article 5(1) and 50 of Directive 2016/797/EU1 conferred powers on the Commission to adopt 
delegated acts. These powers have been conferred on the Commission for a period of 5 years 
from 15 June 2016 and should be tacitly extended for periods of identical duration.  

2. Legal basis for the report 

Pursuant to Article 50(2) of Directive 2016/797/EU the Commission should draw up a report 
in respect to the delegation of powers provided, not later than nine months before the end of 
the  five-year  period,  thus  before  15  September  2020.  The  Commission  fully  acknowledges 
and deeply regrets for the late submission of this report. 

3. Exercise of the delegation 

The following table shows the specific measures under the relevant empowerments:  

Empowerments in  
Directive 2016/797/EU 

Delegated act empowerment description 

The  Commission  shall  be  empowered  to  adopt  delegated 
acts in accordance with Article 50 concerning: 

Article 5(1) 

  The  geographical  and  technical  scope  of  the 

Technical Specifications for Interoperability 

  The applicable essential requirements  

  The  list  of  regulatory,  technical,  and  operational 
conditions  to  be  harmonised  at  the  level  of 
subsystems  and  at  the  level  of  interfaces  betweek 
subsystems 
of 
harmonisation 

expected 

level 

their 

and 

  The  railway-specific  procedures  to  assess  the  EC 

verification of the subsystems 

  The  categories  of  staff  involved  in  the  operation 
and  maintenance  of  the  subsystems  concerned  and 
the  general  objectives  for  setting  the  minimum 
requirements  for  professional  qualifications  and 
health and safety conditions for the staff concerned 

  Any  other  necessary  element  to  be  taken  into 
to 
account  to  ensure  interoperability  pursuant 
Article  1(1)  and  (2)  within  the  Union  rail  system, 
such  as  alignment  of  TSI  with  European  and 
international standards or specifications 

1  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 

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The  Commission  has  exercised  its  empowerment  to  adopt  the  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.  

Directive  (EU)  2016/797  sets  out  the  content  and  some  general  objectives  of  the  Technical 
Specifications for Interoperability. The Delegated Decision sets out a coherent set of specific 
objectives which should be integrated in the  Technical Specifications for Interoperability to 
improve  interoperability  while  making  it  possible  to  facilitate,  improve  and  develop  rail 
transport services within the Union and with third countries and contribute to the completion 
of the single European railway area and the progressive achievement of the internal market. 

The Technical Specifications for Interoperability covered by the Delegated Decision are the: 

  Rolling Stock – Locomotives and Passengers TSI 

  WAG TSI 

  Noise TSI 

  Control Command and Signalling TSI 

  Energy TSI 

 

Infrastructure TSI 

  Passengers with Disabilities and Reduced Mobility TSI 

  Operation and Traffic Management TSI 

  Safety in Railway Tunnels TSI 

  Telematic Applications for Passenger services TSI 

  Telematic Applications for Freight Services TSI 

4. Conclusion 

With  this  report  the  Commission  complies  with  the  reporting  obligation  pursuant  to 
Article 50(2) of Directive 2016/797/EU.  

The Commission invites the Council and the European Parliament to take note of this report. 

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