Single and Interoperable Rail

Intergovernmental Organisation for International Carriage by Rail (OTIF)

Decision 2013/103/EU signing and conclusion of the agreement on the EU’s accession to the Convention concerning International Carriage by Rail (COTIF), as amended by the 1999 Vilnius Protocol

Agreement on the EU’s accession to the Convention concerning International Carriage by Rail (COTIF), as amended by the 1999 Vilnius Protocol

The decision concludes on behalf of the EU the agreement to accede to the Convention concerning International Carriage by Rail (COTIF), as amended by the 1999 Vilnius Protocol.

The decision gives the EU exclusive competence to legislate on various rail transport matters which are covered by COTIF.

KEY POINTS

The Intergovernmental Organisation for International Carriage by Rail (OTIF) was established on 1 May 1985 following the 1980 Convention concerning International Carriage by Rail (COTIF 1980). COTIF 1980 was subsequently amended by the Vilnius Protocol of 3 June 1999 (now COTIF 1999).

The Convention concerning International Carriage by Rail (COTIF) is OTIF’s basic text. It governs the running of the organisation, as well as its objectives, attributions, relations with its member countries and its activities in general.

The aim of OTIF is to promote, improve and facilitate international rail traffic, in particular by:

establishing and developing systems of uniform law in regard to:
the international carriage of passengers and goods in international rail traffic;
the use of wagons as means of transport in international rail traffic;
the use of infrastructure in international rail traffic;
the carriage of dangerous goods in international rail traffic;
contributing to removing certain obstacles to the crossing of frontiers in international rail traffic;
contributing to interoperability and technical harmonisation in the rail sector;
establishing a uniform procedure for the technical admission of railway material intended for use in international traffic;
monitoring the application of all the rules and recommendations established by OTIF.

In line with Article 3(2) of the Treaty on the Functioning of the European Union, the EU has exclusive competence to legislate on various rail transport matters which are covered by COTIF. The accession of the EU to COTIF is therefore essential to enable the EU to exercise its competence in international rail relations where this internal competence has been established. For this reason, EU countries meeting in the Council agree an EU position prior to the EU’s participation in COTIF meetings. EU accession to COTIF also safeguards legal security for other OTIF members entering into rail relations with EU countries, since the latter may no longer enjoy rights or assume obligations individually with respect to non-EU countries on matters where the EU as a whole is competent.

EU accession to COTIF facilitates the development of a uniform legal system applicable to the international carriage of passengers and freight by rail across the countries which are members of OTIF. Accession is not only a legal obligation for the EU; it is also in the interest of the promotion of rail transport worldwide.

OTIF headquarters are based in Bern, Switzerland and the running of the organisation is ensured by:

the Secretary General,
the General Assembly,
the Administrative Committee,
the Revision Committee,
the Committee of Experts for the Carriage of Dangerous Goods,
the Committee of Technical Experts, and
the Rail Facilitation Committee.
OTIF currently has 49 member countries from Europe, the Middle East, Asia and North Africa, and 1 associate member country (Jordan).

The agreement entered into force on 1 July 2011 and the EU acceded to this convention, as a regional economic integration organisation.

DOCUMENTS

Council Decision 2013/103/EU of 16 June 2011 on the signing and conclusion of the Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 (OJ L 51, 23.2.2013, pp. 1-7)

Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 (OJ L 51, 23.2.2013, pp. 8-10)

Council Decision (EU) 2018/768 of 22 May 2018 establishing the position to be adopted, on behalf of the European Union, at the 55th session of the Committee of Experts for the Carriage of Dangerous Goods of the Intergovernmental Organisation for International Carriage by Rail as regards certain amendments to Appendix C to the Convention concerning International Carriage by Rail (OJ L 129, 25.5.2018, pp. 77-79)

Council Decision (EU) 2018/319 of 27 February 2018 establishing the position to be adopted on behalf of the European Union at the 26th session of the Revision Committee of the Intergovernmental Organisation for International Carriage by Rail as regards certain amendments to the Convention concerning International Carriage by Rail and to the Appendices thereto (OJ L 62, 5.3.2018, pp. 10-17)

Consolidated version of the Treaty on the Functioning of the European Union — Part One — Principles — Title I — Categories and areas of Union competence — Article 3 (OJ C 202, 7.6.2016, p. 51)

Council Decision (EU) 2016/833 of 17 May 2016 establishing the position to be adopted, on behalf of the European Union, at the 54th session of the Committee of Experts for the Carriage of Dangerous Goods set up by the Intergovernmental Organisation for International Carriage by Rail (OTIF) as regards certain amendments to Appendix C to the Convention concerning International Carriage by Rail (OJ L 140, 27.5.2016, pp. 12-14)

Position (EU) No 13/2015 of the Council at first reading with a view to the adoption of a Directive of the European Parliament and of the Council on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC Adopted by the Council on 18 September 2015 (OJ C 360, 30.10.2015, pp. 1-36)

Council Decision (EU) 2015/1734 of 18 September 2015 establishing the position to be adopted on behalf of the European Union at the 12th General Assembly of the Intergovernmental Organisation for International Carriage by Rail (OTIF) as regards certain amendments to the Convention concerning International Carriage by Rail (COTIF) and to its Appendices (OJ L 252, 29.9.2015, pp. 43-48)

Information relating to the entry into force of the Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 (OJ L 183, 13.7.2011, p. 1)

A single railway network for Europe

Directive 2012/34/EU establishing a single European railway area

Directive (EU) 2016/2370 on the opening of the market for domestic passenger transport services by rail and on the governance of the railway infrastructure

Directive 2012/34/EU has applied since 15 December 2012 and had to become law in all EU countries by 16 June 2015.

The application of many of the rules introduced by amending Directive (EU) 2016/2370 will be phased in over a period between 1 January 2019 and 14 December 2020 (see Article 3(2) of the directive).

It seeks to clarify the legal rules that apply to the EU’s rail sector so as to:

increase quality through stimulating competition;
strengthen market supervision; and
improve conditions for investment in the sector.

The directive merges and repeals the 3 directives from the ‘first railway package’. These concerned:

Directive 2001/12/EC on the development of Europe’s railways;
Directive 2001/13/EC on the licensing of railway undertakings; and
Directive 2001/14/EC on the management of railway infrastructure.
Directive (EU) 2016/2370 amends the Directive (EU) 2012/34 with regard to the opening of the market for domestic passenger transport services and the governance of railway infrastructure.

Increased quality through competition

The directive:

permits greater transparency as regards the conditions of access to the rail market;
improves the access for operators to rail-related services such as
railway stations
freight terminals and
maintenance facilities.

Infrastructure managers

When infrastructure is operated by railway companies that have historically had a dominant position on the market, it must:

be independent in terms of organisation and decision-making; and
have separate accounting systems.

Subject to appropriate safeguards being in place to ensure the independence of the infrastructure manager as regards essential functions*, traffic management and maintenance planning, Amending Directive (EU) 2016/2370 allows EU countries to choose between different organisational models. These models range from full structural separation to vertical integration.

Amending Directive (EU) 2016/2370 introduces rules on loans, dividends to railway company owners and financial flows into vertically integrated undertakings. These are designed to prevent the distortion of competition, in particular the risk of cross-subsidisation in integrated structures.

Domestic passenger services

Amending Directive (EU) 2016/2370 ensures that all railway companies have equal access to tracks and stations. However, EU countries may limit the right of access to passenger services between a given place of departure and a given place of destination when one or more public service contracts cover the same route. This is also the case when one or more public service contracts cover an alternative route, if exercising this right were to compromise the economic equilibrium of the contract or contracts in question.

Regulatory control

The directive strengthens the independence of national regulatory bodies that oversee the national rail market. These bodies may impose fines in the case of inappropriate conduct or may carry out audits. Regulatory control is strengthened by means of close cooperation between the regulatory bodies and the national authorities responsible for rail safety and licensing.

Amending Directive (EU) 2016/2370 gives regulatory bodies the power to monitor:

traffic management
renewal planning and
scheduled and unscheduled maintenance works.

Rail financing

The competent public authorities must prepare longer-term investment strategies to offer more stability to the infrastructure manager, in taking investment decisions and in planning works, as well as more certainty to investors, in order to encourage companies to invest in infrastructure modernisation. These strategies should cover a period of at least 5 years and be renewable.

Adoption of implementing and delegated acts

The European Commission has adopted a series of implementing acts that supplement Directive 2012/34/EU. These concern:

an economic equilibrium test to be exercised in the case of new rail passenger services;
criteria for applicants for rail infrastructure capacity;
certain aspects of the procedure of licensing railway undertakings;
the modalities to be followed for the application of the charging for the cost of noise effects;
the calculation of direct costs for use of rail infrastructure;
reporting obligations of the EU countries regarding rail market monitoring;
procedures and criteria concerning framework agreements for the allocation of rail infrastructure capacity; and
access to service facilities and rail-related services.

In 2017, the Commission adopted Delegated Decision (EU) 2017/2075 replacing Annex VII to Directive 2012/34/EU. This concerns the schedule for the infrastructure capacity allocation process.

KEY TERMS

Infrastructure manager: any body or firm responsible for operating, maintaining and renewing railway infrastructure on a network, as well as for participating in its development as determined by an EU country as part of its general policy on development and financing of infrastructure.
Essential functions: decision-making concerning:
train path allocation, including both defining and assessing the availability and allocation of individual train paths; and
infrastructure charging, including determining and collecting charges.

DOCUMENTS

Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ L 343, 14.12.2012, pp. 32-77)

Successive amendments to Directive 2012/34/EU have been incorporated in the basic text. This consolidated version is of documentary value only.

Directive (EU) 2016/2370 of the European Parliament and of the Council of 14 December 2016 amending Directive 2012/34/EU as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure (OJ L 352, 23.12.2016, pp. 1-17)

Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 on access to service facilities and rail-related services (OJ L 307, 23.11.2017, pp. 1-13)

Commission Delegated Decision (EU) 2017/2075 of 4 September 2017 replacing Annex VII to Directive 2012/34/EU of the European Parliament and of the Council establishing a single European railway area (OJ L 295, 14.11.2017, pp. 69-73)

Commission Implementing Regulation (EU) 2016/545 of 7 April 2016 on procedures and criteria concerning framework agreements for the allocation of rail infrastructure capacity (OJ L 94, 8.4.2016, pp. 1-11)

Commission Implementing Regulation (EU) 2015/1100 of 7 July 2015 on the reporting obligations of the Member States in the framework of rail market monitoring (OJ L 181, 9.7.2015, pp. 1-26)

Commission Implementing Regulation (EU) 2015/909 of 12 June 2015 on the modalities for the calculation of the cost that is directly incurred as a result of operating the train service (OJ L 148, 13.6.2015, pp. 17-22)

Commission Implementing Regulation (EU) 2015/429 of 13 March 2015 setting out the modalities to be followed for the application of the charging for the cost of noise effects (OJ L 70, 14.3.2015, pp. 36-42)

Commission Implementing Regulation (EU) 2015/171 of 4 February 2015 on certain aspects of the procedure of licensing railway undertakings (OJ L 29, 5.2.2015, pp. 3-10)

Commission Implementing Regulation (EU) 2015/10 of 6 January 2015 on criteria for applicants for rail infrastructure capacity and repealing Implementing Regulation (EU) No 870/2014 (OJ L 3, 7.1.2015, pp. 34-36)

Commission Implementing Regulation (EU) No 869/2014 of 11 August 2014 on new rail passenger services (OJ L 239, 12.8.2014, pp. 1-10)

last update 18.02.2019

An interoperable EU rail system

Directive (EU) 2016/797 on the interoperability of the EU’s rail system

It sets out the conditions to be met to achieve interoperability* within the European Union (EU) rail system.
It aims to facilitate, improve and develop rail transport services within the EU and with non-EU countries, thereby contributing to the completion of the single European railway area and to the shift to more efficient types of transport.
The directive is one of three legislative acts covering the technical aspects of the fourth railway package which aims to revitalise the rail sector and deliver a better quality of service and more choice to passengers. It works alongside the regulation on the European Agency for Railways and the directive on railway safety.
It applies from 15 June 2016. EU countries must incorporate it into national law by 16 June 2019.

Scope

The directive applies to the rail system in EU countries, including:
vehicles and infrastructure;
energy;
signalling systems and telematics* applications (e.g. ticketing systems) for freight and passengers;
accessibility for persons with reduced mobility;
noise issues.

It does not apply to:
metros;
trams and light rail vehicles and infrastructure used exclusively by those vehicles;
networks that are not part of the EU rail systems and that are intended to operate only local, urban or suburban passenger services, along with companies that operate solely on these networks.

Harmonised requirements

The directive sets out conditions related to:

the design, construction, placing in service, upgrading, renewal, operation and maintenance of the parts of the system; as well as
the professional qualifications and health and safety conditions of the staff who contribute to its operation and maintenance.
These conditions take the form of harmonised requirements covering:

essential requirements with regard to
safety (e.g. components such as brakes)
reliability (e.g. monitoring and maintaining essential components)
human health and environmental protection
technical compatibility and operation of the system;
technical specifications for interoperability (TSIs) for each subsystem or part of a subsystem;
related European standards and other documents allowing the bodies involved to prove their compliance with the essential requirements and TSIs.

Conformity

The directive sets out the procedures related to interoperable components and systems covering:

conditions for being placed on the market;
conformity or suitability for use;
procedures in cases of non-compliance with essential requirements.

KEY TERMS

Interoperability: the ability of a rail system to allow the safe and uninterrupted movement of trains which accomplish the required level of performance.

Telematics: the integrated use of telecommunications with information and communications technology.

DOCUMENTS

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, pp. 44–101)

Regulation (EU) 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, pp. 1–43)

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, pp. 102–149)

Interoperability of telematic applications for freight of the rail system in the EU

Regulation (EU) No 1305/2014 — technical specification for interoperability relating to the telematics applications for freight subsystem of the rail system in the EU

It sets out the technical specification for interoperability relating to the ‘telematics applications for freight’ subsystem of the European rail system.
It repeals Regulation (EC) No 62/2006.

Technical Specifications for Interoperability (TSIs)

Interoperability means the ability of a rail system to allow the safe and uninterrupted movement of trains meeting the required levels of performance.
TSIs define the technical and operational standards which must be met by each subsystem or part of subsystem to meet the essential requirements and ensure the interoperability of the EU railway system.

For each subsystem, the essential requirements need to be specified and the technical specifications determined, particularly in respect of parts and interfaces, in order to meet those essential requirements.

Essential requirements include:
safety;
reliability and availability;
health;
environmental protection;
technical compatibility;
accessibility.

Telematic applications for freight services

The telematic applications subsystem for both passenger and freight services are defined in Directive 2008/57/EC (see summary on Ensuring the compatibility of EU rail systems).
Directive (EU) 2016/798 repeals and replaces Directive 2008/57/EC from 16 June 2019 (see summary on EU-wide rail safety).

Telematic applications for freight services include:
information systems (real-time monitoring of freight and trains);
marshalling and allocation systems;
reservation, payment and invoicing systems;
management of connections with other modes of transport;
production of electronic accompanying documents.

Scope

The regulation covers:

definition of subsystem and scope;
essential requirements;
characteristics of the subsystem;
interoperability constituents;
assessment of the conformity/suitability for use the constituents and a checks on the subsystem;
implementation — carried out by the European Union Agency for Railways.

Implementing Regulation (EU) 2018/278 amends technical annexes (Annex D2 to Appendix E) of the regulation concerning

the structure of the messages exchanged between Railway Undertakings and Infrastructure Managers;
the data and message model;
the metadata of the Wagon and Intermodal Unit Operating Database; and
defines the IT standard for the communication layer of the Common Interface* used to exchange messages between the above-mentioned operators (Railway Undertakings and Infrastructure Managers).

DOCUMENTS

Commission Regulation (EU) No 1305/2014 of 11 December 2014 on the technical specification for interoperability relating to the telematics applications for freight subsystem of the rail system in the European Union and repealing the Regulation (EC) No 62/2006 (OJ L 356, 12.12.2014, pp. 438-488)

Successive amendments to Regulation (EU) No 1305/2014 have been incorporated into the original document. This consolidated version is of documentary value only.

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, pp. 102-149)

Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (Recast) (OJ L 191, 18.7.2008, pp. 1-45)