798 (railway package), as regards the extension of their transposition period - Main contents

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dossier	COM(2020)179 - Amendment of Directives 2016/797 and 2016/798 (railway package), as regards the extension of their transposition period.
source	COM(2020)179
date	29-04-2020

1. CONTEXTOFTHE PROPOSAL

• Reasons for and objectives of the proposal

The proposal is part of the emergency measures adopted by the Commission in reaction to the extraordinary situation caused by the COVID-19 outbreak.

Unusually, Directive (EU) 2016/797 and Directive (EU) 2016/798 of the technical pillar of the 4th Railway Package provided Member States with a choice of two transposition deadlines¹ – 16 June 2019, or, upon notification to the Commission and the European Union Agency for Railways, 16 June 2020. Only 8 MS have transposed both Directives in 2019 (BG, FI, FR, GR, IT, NL, RO, SI).

In the light of COVID-19 outbreak, most of the remaining 17 Member States have requested a delay to transposition, claiming they will be unable to complete the necessary legislation before 16 June 2020.

Given the extraordinary circumstances, it is entirely understandable that final transposition may be impossible before 16 June 2020. It is vital to provide legal clarity and certainty, in particular to the railway industry and undertakings that are the main beneficiaries of the Fourth Railway Package. The COVID-19 outbreak struck in the final stage of adoption of the national transposition measures. Member States should still be able to complete the process in an additional period of three months. Therefore, the Commission considers a short delay of three months to be reasonable.

A number of implementing acts and delegated acts have been adopted in accordance with Directive (EU) 2016/797 and Directive (EU) 2016/798. Given the dual transposition deadline, according transitional provisions and dates for entry into force have been introduced therein. The Commission will propose a set of amendments to the implementing acts to align them with the extension of the transposition deadlines following the adoption of the proposed Directive. For the relevant delegated acts², the existing procedure set out in Article 6 of Directive (EU) 2016/798 would not allow an alignment with the extension of the transposition deadlines on time. Thus, a legal basis and simplified procedure for the further alignment is provided in the proposal. This will ensure a coherent legal framework and implementation of the technical pillar of the Fourth Railway Package.

This is not an initiative within the Regulatory Fitness Programme (REFIT).

• Consistency with existing policy provisions in the policy area

The proposals are consistent with the overall emergency measures the Commission is taking to mitigate and overcome negative effects of COVID-19 outbreak.

¹ Article 57 of Directive (EU) 2016/797 on the interoperability of the rail system within the European Union and Article 33 of Directive (EU) 2016/798 on railway safety.

² Commission Delegated Regulation (EU) 2018/761 of 16 February 2018 establishing common safety methods for supervision by national safety authorities after the issue of a single safety certificate or a safety authorisation pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 1077/2012 (OJ L129, 25.5.2018, p. 16).

Commission Delegated Regulation (EU) 2018/762 of 8 March 2018 establishing common safety methods on safety management system requirements pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulations (EU) No 1158/2010 and (EU) No 1169/2010 (OJ L129, 25.5.2018, p. 26).

It is essential to adopt these measures in order to ensure the continuity of the transport of goods and persons.

• Consistency with other Union policies

The effective functioning of the internal market in rail, the free flow of essential goods, passengers and personnel, related services depends on the economic performance of the railway undertakings, infrastructure managers and rail industry, as well as a well-functioning legal and administrative framework. The negative economic consequences of the current COVID-19 outbreak could endanger the financial health of railway undertakings and infrastructure managers and have serious negative effects on the transport system and the economy as a whole.

Commission developed a ‘green lanes’ concept to keep borders open for freight and reduce traffic delays. Guidance on passenger rights has been issued, and will be further updated to address further changes in the overall situation.

The amendment of the Directives aims to address the major current concerns of Member States, railway undertakings, infrastructure managers and rail industry, and is therefore of utmost importance.

2. LEGALBASIS, SUBSIDIARITYAND PROPORTIONALITY

• Legal basis

This initiative is based on Article 91(1) of the Treaty on the Functioning of the European Union.

• Subsidiarity (for non-exclusive competence)

The objective of the proposal cannot be sufficiently achieved by the Member States as they are bound by the transposition arrangements set out in the Directives and cannot unilaterally amend them. This objective may be achieved only through an amendment of the Directives themselves by the co-legislator.

• Proportionality

The proposal is proportionate to the problems created by the crisis and does not go beyond what is necessary to achieve the objective of alleviating the impact of the current COVID-19 outbreak for the purposes of transposition of the Directives.

• Choice of the instrument

In order to achieve its objective, the legal instrument should be of the same form as the one to be amended. The main purpose of the proposal is to amend the transposition deadline as requested by Member States.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONSANDIMPACTASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

This is an urgent measure which is triggered by the sudden and unforeseeable outbreak and spread of the COVID-19 virus. For this reason, the measure is not relevant for the regulatory fitness programme and no ex-post evaluation has been carried out.

• Stakeholder consultations

Given the urgency of the matter formal stakeholder consultation could not be carried out. However, both Member States authorities and stakeholders have called upon the Commission to adopt a proposal for appropriate measures in the context of the Directives.

• Collection and use of expertise

As explained, the proper collection of expertise was not possible due to the urgency of the situation. The Commission’s emergency measures are taken on the basis of the scientific evidence on the development of epidemiological circumstances.

• Impact assessment

Given the urgency of the situation, an impact assessment could not be carried out.

• Regulatory fitness and simplification

Not applicable.

• Fundamental rights

No impacts on the fundamental rights.

4. BUDGETARYIMPLICATIONS

Not applicable.

5. OTHERELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

To ensure proper implementation of the proposed measure, which also has a direct impact on the legal clarity to the rail sector, the Commission proposes to introduce a notification clause for Member States opting for the extension of transposition deadline until 16 September 2020.

• Explanatory documents (for directives)

Not applicable.