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 4th RP contains approximately 25 secondary legislative acts, especially in the technical pillar. This means that the Member States and its stakeholders will have to apply primary legislation (i.e. the Directive or Regulation) but also the secondary legislative acts, i.e. delegated and implementing acts. The EC (or rather its legal services) choses which type of act is the most suitable one.
Below a short distinction:
⇒ The secondary acts have been introduced in 2009 to allow the European Commission to become more efficient in its rule-setting. This means that the decision-making process has shortened, and the flexibility of the European Commission has increased in proposing these acts.
⇒ As especially the technical pillar of the 4th RP contains the highest number of these these acts with > 90% of them currently under preparation, the rail sector has every interest to be closely involved with their preparation.