Revision of Railway Act Assures Access to EU Rail Network-EU RAIL Agency

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.

Related: parkway towers, denver, mccurtain county shooting, pace ready meals discontinued, argos taken money but no order confirmation, qvc isaac mizrahi lace tops, beverly hills tennis roxbury, leeds taxi office opening times, aristotle excellence is never an accident, barriers to sustainability in childcare, heterochromia symbolism, latest bushman pranks, fun teenage restaurants chicago, williamsport craigslist pets, tim wells wife, nh fish and game officer injured,


Leave a Reply

Your email address will not be published. Required fields are marked *

Next Post

Report: India, US, Saudi Arabia and UAE to develop joint railway infrastructure

Mon May 8 , 2023
The joint infrastructure project is expected to connect Gulf and Arab countries via a network of railways that would also be connected to India via shipping lanes from ports in the region Photograph:(Others) The proposal for the infrastructure could be discussed on Sunday as the national security advisers of the countries meet […]

You May Like