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 Articles 5(1) and 50 of Directive (EU) 2016/797
Date: 2025-09-16
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

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 16.9.2025  COM(2025) 492 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 Articles 5(1) and 50 of Directive (EU) 2016/797  
 
 
1. 

INTRODUCTION 

Article  5(1)  of  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 (1) confers powers on the Commission to adopt delegated acts in accordance 
with the conditions laid down in Article 50 of that directive, for a period of five years, 
starting from 15 June 2016, and tacitly extended for periods of identical duration. 

This report concerns the power of the Commission to adopt delegated acts and lists 
the acts adopted by the Commission in its exercise for the period from 13 January 
2022, date of the previous report (2), to 16 september 2025. 

2.  LEGAL BASIS FOR THE REPORT 

Under Article 50(2) of Directive (EU) 2016/797 the Commission is required to draw 
up a report on the delegation of power no later than nine months before the end of the 
five-year period. 

3.  EXERCISE OF THE POWER TO ADOPT DELEGATED ACTS 

Article 5(1) of Directive (EU) 2016/797 provides the Commission with the power to 
adopt delegated acts concerning: 

(a) 

the  geographical  and  technical  scope  of  the  Technical  Specifications  for 
Interoperability (TSIs); 

(b) 

the applicable essential requirements; 

(c) 

(d) 

(e) 

(f) 

the list of regulatory, technical and operational conditions to be harmonised 
at  the  level  of  subsystems  and  at  the  level  of  the  interfaces  between 
subsystems and their expected level of harmonisation; 

the  railway-specific  procedures 
interoperability constituents and their suitability for use; 

to  assess 

the  conformity  of 

the 

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; 

(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,  ELI: 
http://data.europa.eu/eli/dir/2016/797/oj. 

(2)  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 (COM/2022/7 final). 

1 

 
 
(g) 

any  other  element  that  needs  to  be  taken  into  account  to  ensure 
interoperability in accordance with Article 1(1) and (2) within the EU rail 
system, such as aligning the TSIs with European and international standards 
or specifications. 

In  the  period  covered  by  this  report,  the  Commission  has  not  exercised  its 
empowerment  under  Article  5(1)  of  Directive  (EU)  2016/797.  The  Commission 
considers  the  existing  regulatory  framework  sufficient  to  ensure  the  stability  and 
efficiency of the European rail system. 

In the previous period and still in force, the Commission exercised its empowerment 
under  Article  5(1)  of  Directive  (EU)  2016/797  to  adopt  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 (3). This 
delegated  decision  set  out  a  coherent  set  of  specific  objectives  which  should  be 
integrated  in  the  TSIs  to  improve  interoperability  while  making  it  possible  to 
facilitate, improve and develop rail transport services within the EU and with non-EU 
countries and contribute to the completion of the single European railway area and 
the progressive achievement of the internal market. 

4.  CONCLUSIONS 

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

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

(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 (notified under document 
C(2017) 
ELI: 
OJ 
http://data.europa.eu/eli/dec_del/2017/1474/oj. 

(C/2017/3800), 

15.8.2017, 

3800) 

210, 

5, 

p. 

L 

2