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 6(6), 7(6) and 27 of Directive (EU) 2016/798
Date: 2025-09-16
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: European Commission, delegated legislation, intra-EU transport, powers of the institutions (EU), rail transport, safety standard, transfer of competence, transport safety

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   EUROPEAN COMMISSION  Brussels, 16.9.2025  COM(2025) 491 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 6(6), 7(6) and 27 of Directive (EU) 2016/798  
 
 
1. 

INTRODUCTION 

Articles 6(6) and 7(6) of Directive (EU) 2016/798 of the European Parliament and of 
the Council of 11 May 2016 on railway safety (1) confer powers on the Commission 
to adopt delegated acts in accordance with the conditions laid down in Article 27 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 17 January 
2022, date of the previous report (2), to 16 september 2025. 

2.  LEGAL BASIS FOR THE REPORT 

Under Article 27(2) of Directive (EU) 2016/798, 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 

The following table shows the relevant empowerments: 

Directive (EU) 
2016/798 
Article 6(6) in 
conjunction with 
Article 6(1) 

Empowerment to adopt delegated acts 

The Commission is empowered to adopt delegated acts in 
accordance with Article 27 concerning the content of the 
Common Safety Methods in: 

(a) the risk evaluation and assessment methods; 

(b) the methods for assessing conformity with requirements 
in safety certificates and safety authorisations issued in 
accordance with Articles 10 and 12; 

(c) the methods for supervision to be applied by national 

safety authorities and the methods for monitoring to be 
applied by railway undertakings, infrastructure 
managers and entities in charge of maintenance; 

(d) the methods for assessing the safety level and the safety 
performance of railway operators at national and Union 
level; 

(1)  Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway 

safety, OJ L 138, 26.5.2016, p. 102, ELI: http://data.europa.eu/eli/dir/2016/798/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 6(6), 7(6) and 27 of Directive 
2016/798 (COM/2022/12 final). 

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Directive (EU) 
2016/798 

Empowerment to adopt delegated acts 

Article 7(6) in 
conjunction 
with 
Article 7(1) 

(e) the methods for assessing the achievement of safety 

targets at national and Union level; and 

(f)  any other methods covering a process of the safety 

management system which need to be harmonised at 
Union level. 

The Commission is empowered to adopt delegated acts in 
accordance with Article 27 concerning the content of the 
Common Safety Targets, in particular: 

(a)  individual risks relating to passengers, staff including 
employees or contractors, level crossing users and 
others, and, without prejudice to existing national and 
international liability rules, individual risks relating to 
trespassers; 

(b) societal risks. 

In  the  period  covered  by  this  report,  the  Commission  has  not  exercised  its 
empowerments under Article 6(6) and Article 7(6) of Directive (EU) 2016/798. 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 6(6) of Directive (EU) 2016/798 to adopt: 

(1) 

(2) 

Commission  Delegated  Regulation  (EU)  2018/761  of  16 February  2018 
establishing  common  safety  methods  for  supervision  by  national  safety 
authorities after the issue of a single safety certificate or a safety authorisation 
pursuant to Directive (EU) 2016/798 of the European Parliament and of the 
Council and repealing Commission Regulation (EU) No 1077/2012 (3); 

Commission  Delegated  Regulation  (EU)  2018/762  of  8 March  2018 
establishing  common  safety  methods  on  safety  management  system 
requirements pursuant to Directive (EU) 2016/798 of the European Parliament 
the  Council  and  repealing  Commission  Regulations  (EU) 
and  of 
No 1158/2010 and (EU) No 1169/2010 (4). 

(3)  Commission  Delegated  Regulation  (EU)  2018/761  of  16 February  2018  establishing  common  safety 
methods for supervision by national safety authorities after the issue of a single safety certificate or a 
safety authorisation pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council 
and  repealing  Commission  Regulation  (EU)  No 1077/2012,  OJ  L  129,  25.5.2018,  p. 16,  ELI: 
http://data.europa.eu/eli/reg_del/2018/761/oj. 

(4)  Commission  Delegated  Regulation  (EU)  2018/762  of  8 March  2018  establishing  common  safety 
methods  on  safety  management  system  requirements  pursuant  to  Directive  (EU)  2016/798  of  the 
European Parliament and of the Council and repealing Commission Regulations (EU) No 1158/2010 
and (EU) No 1169/2010, OJ L 129, 25.5.2018, p. 26, ELI: http://data.europa.eu/eli/reg_del/2018/762/oj. 

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These  delegated  regulations set  out coherent  methods to  guarantee and to  improve 
safety via the supervision exercised by the national safety authorities and the setting 
of safety management system requirements. 

4.  CONCLUSIONS 

With this report the Commission complies with the reporting obligation laid down in 
Article 27(2) of Directive (EU) 2016/798. 

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

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