Since 1991, the European railway sector has constantly been reformed by the European Union. The 4th Railway Package, which was adopted in 2016 is by far the largest and most complex legal initiative introduced so far. The 4th Railway Package consists of a political and a technical pillar which introduce substantial reforms for all stakeholders concerned.
This Guide illustrates in four different chapters the reforms in the field of vehicle authorisation, safety certification and ERTMS trackside approval as well as the new role of the European Union Agency for Railways as ‘frequently asked questions’. Given the fact that the implementation of the 4th Railway Package is an ongoing process, the Guide will be updated on a regular basis, in line with the progress of the reforms being made on EU level.
Prof Andy Doherty
Chairman of the Group of Representative Bodies (GRB)
The overview of the milestones of the 4th RP is shown below:
|4th Railway Package||Entry into force*||Transposition**|
|DIR (EU) 2016/2370 ‘Governance‘||24/12/2016||25/12/2018|
|REG (EU) 2016/2338 ‘PSO’||24/12/2017||-|
|DIR 2016/797 ‘Interoperability’||15/06/2016||16/06/2019|
|DIR 2016/798 ‘Safety’||15/06/2016||16/06/2019|
|REG (EU) 2016/796 ‘ERA’||15/06/2016||-|
*Entry into force: Legal texts need to be published. After the 20th day following its publication in the Official Journal of the European Union, a text enters into force.;
**Transposition: Member States are given a certain period to transpose EU legislation into national law. The timeframe depends on the type of the legal initiative. In the case of a Directive, Member States normally have 2 years from the date of the entry into force. For the case of Directive 2016/797 and 2016/798 the transposition period is three years i.e. until 16th June 2019. Member States have an option to postpone the transposition by 1 year, i.e. until 16th June 2020. To be allowed to do so, they will have to notify the EC and the ERA by 16th December 2018 and set out their reasons for doing so. In the case of a Regulation, there is no transposition period as this type of legislation applies immediately to EU countries' national law when they entered into force (see point 1 above).);
In the case of very complex legislation, such as the 4th Railway Package, the EU foresees various initiatives to help the Member States preparing the transposition. During this so-called “implementation phase”, the EU launches e.g. shadow running processes, pilot schemes, etc. This Guide addresses exactly this phase.