Commission Implementing Decision (EU) 2026/1193

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to 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^note, and in particular Article 7(4) thereof,Whereas:

(1)On 10 November 2023, France submitted to the Commission a request for non-application of point 7.4.2.3 of Annex I to Commission Implementing Regulation (EU) 2023/1695^note to the extension of the area of use for 234 Alstom Traxx locomotives until 31 December 2029 (the ‘request’). France completed the documentation of the request on 5 February 2026. The request was submitted on the basis of Article 7(1), point (c), of Directive (EU) 2016/797.

(2)Point 7.4.2.3 of Annex I to Implementing Regulation (EU) 2023/1695 sets out the requirement that when requesting an extension of the area of use the vehicles that are not equipped with ETCS have to install ETCS.

(3)The project referred to in the request consists of the extension of the area of use for Alstom locomotives of the following types without prior installation of ETCS: 118 locomotives Traxx DC3 E494 - type ID: 11-278-0009-0-001-001 and 116 locomotives Traxx DC3 E494LM - type ID: 11-278-0008-2-001-001 listed in the Annex to this Decision.

(4)According to the documents submitted by France, complying with point 7.4.2.3 of Annex I to Implementing Regulation (EU) 2023/1695 would entail an additional cost of EUR 25100000, as the manufacturer would have to bear additional costs to increase the ETCS monthly production rate, pay penalties for the delay in obtaining the relevant vehicle authorisation, and lose revenue due to this delay. At the same time, operators would lose revenue by not providing services to Modane-Fourneaux station and would incur costs of renting replacement locomotives.

(5)As alternative measures, France proposes to apply the Italian Decree No 1/2016 - Regulatory reorganisation, technical standard, rolling stock and on board control-command and signalling subsystems - National technical rules on railway vehicles subsystems relating to the authorisation of the placing into service of vehicles, parameters 12.2.1 and 12.1.2.2 which lay down that vehicles need to use the Italian Class B National Control Command and Signalling system SCMT (the ‘SCMT’, Train Running Control System - Sistema Controllo Marcia Treno) and that vehicles need to use the GSM-R (Global System for Mobile Communications – Railway) radio. This national rule has been notified to the Commission and to the European Union Agency for Railways pursuant to Article 14(1), point (c), of Directive (EU) 2016/797, under rule prot. ANSF n. 013088/2016.

(6)The SCMT according to the rule prot. ANSF n. 013088/2016 is installed on the infrastructure until the station Modane. Beyond that station and until Modane-Fourneaux, the operating locomotives will be using the manoeuvring mode with the speed supervision implemented by on-board SCMT (speed limit at 30 km/h). This measure is already applied by Traxx locomotives of the previous generation authorised in the same area of use.

(7)In addition, the non-application is to be strictly limited to the individual locomotives notified to the Commission by France and included in the Annex to this Decision. France should be allowed to change the precise identification numbers of those vehicles by informing the Commission thereof. Where such a change is made, France should notify it to the Commission without delay.

(8)Based on the justification for the request provided by France and the alternative provisions proposed, the conditions set out in Article 7(1), point (c), and Article 7(4) of Directive (EU) 2016/797 can be considered as fulfilled for the project of the extension of the area of use for 234 Alstom Traxx locomotives. The request should therefore be accepted.

(9)The measures provided for in this Decision are in accordance with the opinion of the Committee referred to in Article 51(1) of Directive (EU) 2016/797,

HAS ADOPTED THIS DECISION: