Date: 2022-02-25Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision No 2/2021 of the Community/Switzerland Inland Transport Committee of 17 December 2021 amending Annex 1 to the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road and Decision No 2/2019 on transitory measures to maintain smooth rail traffic between Switzerland and the European Union [2022/308]
Executive Summary:
This decision, made by the Community-Switzerland Inland Transport Committee, amends Annex 1 of the Agreement between the European Community and Switzerland on rail and road transport. It extends the deadline for reviewing the compatibility of certain Swiss national rules with EU technical specifications to December 31, 2022. Additionally, it extends the applicability of transitory provisions for maintaining smooth rail traffic until the same date.
Key Points / Main Content:
Extension of Review Deadline:
* The deadline for reviewing the compatibility of specific Swiss national rules with EU technical specifications for interoperability is extended to December 31, 2022.
* This extension applies to specific provisions related to:
* Rolling stock (locomotives and passenger rolling stock) as per Commission Regulation EU No 1302/2014.
* Control-command and signaling subsystems as per Commission Regulation EU 2016/919.
Extension of Transitory Provisions:
* Articles 2, 3, 4, and 5 of Decision No 2/2019, concerning transitory measures for smooth rail traffic, will now apply until December 31, 2022.
National Rule Applicability:
* If compatibility of specific national rules and specific cases with Union law is not established by December 31, 2022, those rules and cases may no longer be applied unless the Joint Committee decides otherwise.
Impact Analysis:
Swiss Confederation:
* Impact: Must continue to review and, if necessary, amend or remove the listed Swiss national rules to ensure compatibility with EU technical specifications for interoperability by the extended deadline.
* Action Required: Prioritize the review of the identified national rules and specific cases.
European Union:
* Impact: Needs to continue to monitor the review process and assess the compatibility of Swiss national rules with EU law.
* Action Required: Monitor the progress of the Swiss Confederation's review of national rules and prepare for potential decisions regarding the continued application of incompatible rules after the deadline.
Rail Operators between Switzerland and the European Union:
* Impact: Can continue to rely on the transitory provisions for smooth rail traffic until December 31, 2022.
* Action Required: Ensure compliance with the existing transitory provisions and monitor any further decisions from the Joint Committee regarding permanent arrangements.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Swiss Confederation: The official name of Switzerland, a country in Europe.
Community-Switzerland Inland Transport Committee: A joint committee responsible for monitoring and application of the provisions of the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road.
Decision No 22019: Decision of the Community-Switzerland Inland Transport Committee of 13 December 2019 on transitory measures to maintain smooth rail traffic between Switzerland and the European Union.
Directive EU 2016/797: Directive of the European Parliament and of the Council on the interoperability of the rail system within the European Union.
Directive EU 2016/798: Directive of the European Parliament and of the Council on railway safety.
Decision No 22020: Decision of the Community-Switzerland Inland Transport Committee of 11 December 2020 amending Annex 1 to the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road and Decision No 22019 of the Committee on transitory measures to maintain smooth rail traffic between Switzerland and the European Union.
Decision No 12021: Decision of the Community-Switzerland Inland Transport Committee of 30 June 2021 amending Annex 1 to the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road and Decision No 22019 of the Committee on transitory measures to maintain smooth rail traffic between Switzerland and the European Union.
25.2.2022 EN Official Journal of the European Union L 46/125
DECISION No 2/2021 OF THE COMMUNITY/SWITZERLAND INLAND TRANSPORT COMMITTEE
of 17 December 2021
amending Annex 1 to the Agreement between the European Community and the Swiss
Confederation on the Carriage of Goods and Passengers by Rail and Road and Decision No 2/2019
on transitory measures to maintain smooth rail traffic between Switzerland and the European
Union [2022/308]
THE COMMITTEE,
Having regard to the Agreement of 21 June 1999between the European Community and the Swiss Confederation on the
Carriage of Goods and Passengers by Rail and Road(1)(‘the Agreement’), and in particular Article 52(4) thereof,
Whereas:
(1) Under Article 51(2) of the Agreement, the Community/Switzerland Inland Transport Committee (‘the Joint
Committee’) is responsible for the monitoring and application of the provisions of the Agreement and implements
the adaptation and revision clauses referred to in Articles 52 and 55 thereof.
(2) Under Article 52(4) of the Agreement, the Joint Committee adopts, inter alia, decisions revising Annex 1 so as to
incorporate therein, as and where necessary and on a basis of reciprocity, amendments to the relevant legislation or
decides on any other measure aimed at safeguarding the proper functioning of the Agreement.
(3) By Decision No 2/2019 of 13 December 2019(2), the Joint Committee, on the one hand, revised Annex 1 to the
Agreement so as to incorporate substantive provisions of Directive (EU) 2016/797 of the European Parliament and
of the Council(3)and Directive (EU) 2016/798 of the European Parliament and of the Council(4)and, on the other,
adopted transitory provisions to maintain smooth rail traffic between Switzerland and the European Union. The
transitory provisions set out in Articles 2, 3, 4 and 5 of Decision No 2/2019 were initially applicable until
31 December 2020. By Decision No 2/2020 of 11 December 2020(5), the Joint Committee extended their
applicability until 31 December 2021.
(4) Pending the adoption of the final provisions replacing the current transitional arrangements, the provisions laid
down in Articles 2, 3, 4 and 5 of Decision No 2/2019 should be extended until 31 December 2022 in order to
maintain smooth rail traffic between Switzerland and the European Union.
(5) By Decision No 1/2021 of 30 June 2021(6), the date by which certain Swiss national rules listed in Annex 1 to the
Agreement that may be incompatible with the technical specifications for interoperability should have been
reviewed to decide whether to remove, amend or keep them was extended until 31 December 2021. In view of the
stage reached in the review, that date should be changed to 31 December 2022,
(1) OJ L 114, 30.4.2002, p. 91.
(2) Decision No 2/2019 of the Community/Switzerland Inland Transport Committee of 13 December 2019 on transitory measures to
maintain smooth rail traffic between Switzerland and the European Union (OJ L 13, 17.1.2020, p. 43).
(3) Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system
within the European Union (OJ L 138, 26.5.2016, p. 44).
(4) Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016,
p. 102).
(5) Decision No 2/2020 of the Community/Switzerland Inland Transport Committee of 11 December 2020 amending Annex 1 to the
Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and
Road and Decision No 2/2019 of the Committee on transitory measures to maintain smooth rail traffic between Switzerland and the
European Union (OJ L 15, 18.1.2021, p. 34).
(6) Decision No 1/2021 of the Community/Switzerland Inland Transport Committee of 30 June 2021 amending Annex 1 to the
Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and
Road and Decision No 2/2019 of the Committee on transitory measures to maintain smooth rail traffic between Switzerland and the
European Union (OJ L 255, 16.7.2021, p. 7).L 46/126 EN Official Journal of the European Union 25.2.2022
HAS DECIDED AS FOLLOWS:
Article 1
Section 4 of Annex 1 to the Agreement is amended as follows: The date of ‘31 December 2021’, by which the compatibility
of the following Swiss national rules with the corresponding Union technical specifications for interoperability should have
been reviewed, is replaced by ‘31 December 2022’ for the following provisions:
— In relation to Commission Regulation (EU) No 1302/2014 of 18 November 2014concerning a technical specification
for interoperability relating to the ‘rolling stock – locomotives and passenger rolling stock’ subsystem of the rail system
in the European Union:
— CH-TSI LOC&PAS-009 (version 1.0 of June 2015)
— CH-TSI LOC&PAS-019 (version 2.0 of June 2019)
— CH-TSI LOC&PAS-020 (version 2.0 of June 2019)
— CH-TSI LOC&PAS-025 (version 2.0 of June 2019)
— CH-TSI LOC&PAS-027 (version 2.0 of June 2019)
— CH-TSI LOC&PAS-031 (version 2.1 of November 2020)
— CH-TSI LOC&PAS-035 (version 2.1 of November 2020)
— CH-TSI LOC&PAS-036 (version 2.0 of June 2019)
— CH-TSI LOC&PAS-037 (version 1.0 of June 2019).
— In relation to Commission Regulation (EU) 2016/919 of 27 May 2016on the technical specification for interoperability
relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union:
— CH-TSI CCS-006 (version 2.1 of November 2020)
— CH-TSI CCS-019 (version 3.0 of November 2020)
— CH-TSI CCS-026 (version 2.1 of November 2020)
— CH-TSI CCS-032 (version 2.1 of November 2020)
— CH-TSI CCS-033 (version 1.1 of November 2020)
— CH-TSI CCS-035 (version 1.0 of June 2019)
— CH-TSI CCS-038 (version 1.1 of November 2020)
— CH-CSM-RA-001 (version 1.0 of June 2019)
— CH-CSM-RA-002 (version 1.0 of June 2019).
Article 2
Article 6(3) of Decision No 2/2019 of the Joint Committee of 13 December 2019is amended as follows:
‘3. Annex 1 identifies applicable national rules and specific cases that are potentially incompatible with Union law. If
compatibility with Union law has not been established by 31 December 2022, those national rules and specific cases
may no longer be applied unless the Joint Committee decides otherwise.’
Article 3
The second paragraph of Article 8 of Decision No 2/2019 of the Joint Committee of 13 December 2019 is amended as
follows:
‘Articles 2, 3, 4 and 5 shall apply until 31 December 2022.’25.2.2022 EN Official Journal of the European Union L 46/127
Article 4
This Decision shall enter into force on the date of its adoption.
Brussels, 17 December 2021.
For the Swiss Confederation For the European Union
The Head of the Swiss Delegation The President
Peter FÜGLISTALER Kristian SCHMIDT