PURPOSE: to extend the deadline for transposing the Directives on railway safety and the interoperability of the rail system in the fourth railway package, following the COVID-19 outbreak.

LEGISLATIVE ACT: Directive (EU) 2020/700 of the European Parliament and of the Council amending Directives (EU) 2016/797 and (EU) 2016/798, as regards the extension of their transposition periods.

CONTENT: under the adopted Regulation, the deadline for transposition of the directives on railway safety and the interoperability of the rail system contained in the fourth railway package currently set at 16 June 2020 shall be extended to 31 October 2020.

This shall provide the railway sector and the authorities with greater legal certainty and flexibility to deal with the exceptional circumstances resulting from the spread of the coronavirus.

Several delegated acts were adopted on the basis of directive 2016/798, taking into account the original transposition deadlines. In view of the current situation, these delegated acts need to be aligned to the new transposition deadline.

ENTRY INTO FORCE: 28.5.2020.

The European Parliament adopted by 646 votes to 6, with 38 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2016/797 and Directive (EU) 2016/798, as regards the extension of their transposition period.

Parliament adopted its position at first reading under the ordinary legislative procedure. As the agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act.

The proposal aims at extending the deadline for transposition of the Directives on railway safety and interoperability of the rail system contained in the Fourth Railway Package in order to give the railway sector and the authorities the necessary flexibility and legal certainty in the exceptional circumstances of the COVID-19 pandemic.

The deadline for transposition of the Directives on railway safety and interoperability of the rail system contained in the fourth railway package, currently set at 16 June 2020, shall be extended until 31 October 2020.

PURPOSE: to extend by three months, the final transition period of Directive (EU) 2016/797 on the interoperability of the rail system within the European Union and Directive (EU) 2016/798 on railway safety following the COVID-19 outbreak.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council.

BACKGROUND: 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.

Unusually, in accordance with Directive (EU) 2016/797 of the European Parliament and of the Council on the interoperability of the rail system within the European Union and Directive (EU) 2016/798 on railway safety, Member States had a choice of two transposition deadlines – 16 June 2019, or, upon notification to the Commission and the European Union Agency for Railways, 16 June 2020.

Only eight Member States 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.

Since the COVID-19 outbreak struck in the final stage of adoption of the national transposition measures, it is proposed that Member States should be allowed an additional period of three months to complete the transposition process.

Given the extraordinary circumstances, it is entirely understandable that final transposition may be impossible before 16 June 2020.

CONTENT: therefore, the Commission proposes that Member States should be able to complete the process in an additional period of three months (16 September 2020).

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 shall 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 acts, the existing procedure set out in 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.