On 22 February 2023, the Federal Council issued its message on the revision of the Railways Act (RTA) with a view to implementing the technical pillar of the EU’s 4th railway package (4th FP (VT)). We consider the draft revision to be a success, as it makes possible the next steps in harmonising the rules in the railway sector and the inclusion of this package in the agreement on land transport.
The issues at stake:
●Revision of the Railways Act in view of the adoption of the EU’s 4th railway package
Objective: to maintain interoperability with the European rail network
●Central element: access to the simplified approval procedure of the European Railway Agency ERA
●Harmonised guidelines for technical interoperability and safety standards
What has been done so far
Since 16 June 2019, the 4th EU railway package has been in force and the European Railway Agency (ERA) is now responsible for issuing uniform safety certificates and approvals for rolling stock intended for cross-border traffic.
The EU’s 4th railway package contains three key elements:
The applicable directives must be systematically harmonised in all participating states. This is done by means of institutional procedures for bringing TSIs into force and updating them. Thus, TSIs published by the European Commission are now directly applicable in all States; there is no longer any need for national implementation processes.
The ERA now ensures that the competent national supervisory authorities remove all obsolete national requirements as soon as possible.
The ERA now coordinates the approval procedures and has centrally available uniform operating authorisations valid in all countries.
The ERA has the online vehicle approval portal “One-Stop Shop”. It works closely with the national supervisory authorities to check the approval documents. Today, it is possible to apply for a permit and submit the corresponding file in the ERA’s “One-Stop Shop”. The ERA examines the application with the help of the relevant national supervisory authorities and issues an operating licence that is directly valid in all the countries requested.
Switzerland has taken over the relevant technical provisions of the three EU railway packages in the framework of the Land Transport Agreement (LTA) with the EU. With the technical pillar of the 4th railway package, the EU is advancing the harmonisation of directives and procedures. Switzerland therefore intends to introduce equivalent regulations.
The Federal Office of Transport (FOT) is therefore planning a corresponding revision of the Railways Act (RTA), which it outlined in its dispatch to parliament on 22 February 2023. The FOT intends to ensure that the railway sector has access to simplified approval procedures and that both interoperability and safety standards are guaranteed. An amendment to the TTA and Switzerland’s membership of the European Railway Agency (ERA) will be necessary at a later date.
The revised LCdF creates equivalent conditions
The technical pillar of the EU’s 4th railway package includes the revision of the interoperability (Directive (EU) 2016/797) and railway safety (Directive (EU) 2016/798) regulations, as well as the transformation of the ERA into an EU supervisory authority with a one-stop shop for the simplified procedure (see blog post “Switzerland risks being isolated in international rail traffic”).
The revision of the Railway Act lays the foundations for the implementation of the technical pillar of the 4th railway package. This stipulates that all Swiss railway undertakings operating in the interoperability mode must be subject to conditions equivalent to those imposed on EU Member States. However, by revising the CdT, Switzerland does not anticipate any commitments, as the obligations must be ratified by both parties as part of the updating of the TTA.
Adapting the ordinances as well
On the basis of the amendments to the CdT, the FOT will then be able to implement the necessary adaptations to the EU directives in the ordinances. The FOT has therefore already prepared the corresponding draft amendments to the ordinances and had them checked by the European Commission – with a positive result. Switzerland has thus independently created the basis for its legislation to be equivalent to that of the EU.
Positive responses to the consultation
The feedback on the consultation was all positive, with the exception of the SVP and Inclusion Handicap, the umbrella association of Swiss disability organisations, which expressed substantial reservations. The FOT has incorporated the changes to the text of the law that emerged from the consultation into its message in full.
A comprehensive message that makes sense
With the revision of the LCdF implemented autonomously, Switzerland has gained precious time. It usually takes several years before a revision of the law can be put into effect. In this case, the legal framework conditions are already in place to implement the ATT as soon as politically possible in the context of the 4th FP (VT). We assume that this adaptation will take considerably less time. The Federal Council’s message includes all of our demands, the central point of which is the promotion of interoperability in Switzerland.
Processing in Parliament
The Federal Council’s message on the proposed amendments to the CdTL has yet to be dealt with by Parliament and is expected to be on the agenda of the Council of States in the summer session of 2023, as it has already been forwarded by the CTT‑E on 4 April 2023.
