Commission Implementing Decision (EU) 2026/1559

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 11 November 2024, Italy submitted to the Commission a request for non-application of point 5.10.2.4 of Subset-026^note, referred to under index No 4 in Table A 2 of Appendix A of Annex I to Commission Implementing Regulation (EU) 2023/1695^note to the Siemens vehicles of the Vectron X4 platform (releases SW E2.05a or F1.08a) until 31 December 2026 (the ‘request’). The request was submitted on the basis of Article 7(1), point (c), of Directive (EU) 2016/797.

(2)Point 5.10.2.4 of Subset-026, referred to under index No 4 in Table A 2 of Appendix A of Annex I to Implementing Regulation (EU) 2023/1695, sets out that there is to be one established priority table of trackside supported European Rail Traffic Management System (ERTMS) levels to be sent to the onboard signalling equipment.

(3)The project referred to in the request consists of 570 Siemens vehicles of the Vectron X4 platform, equipped with on-board European Train Control System (ETCS) baseline 3 (BL3) subsystem (releases SW E2.05a or F1.08a), to be authorised with area of use in Italy. These vehicles belong to five ERATV types of registered vehicles: (i) 11-057-0080-9-001-001; (ii) 11-057-0081-7-001-001; (iii) 11-057-0085-8-001-001; (iv) 11-057-0086-6-001-001; and (v) 11-057-0088-2-001-001.

(4)According to the documents submitted by Italy, complying with point 5.10.2.4 of Subset-026, as required by Index No 4 of Table A 2 of Appendix A of Annex I to Implementing Regulation (EU) 2023/1695 would imply an economic loss of EUR 56250000, as the locomotives would not be able to carry out the work they have been contracted for. The locomotives are equipped with ETCS, but it is not yet authorised to be used in Italy as the necessary compatibility tests have not yet been completed for the concerned ERATV types.

(5)As an alternative measure, Italy proposes to apply an ETCS level deactivation function developed by Siemens for Italy, which has been positively assessed through an independent safety assessment during the approval process for the concerned ERATV types of registered vehicles. This ETCS level inhibition function allows to run the vehicles under the national Italian train control system (SCMT) despite the fact that ETCS is installed both in the vehicle and trackside. This alternative measure is complemented by Decree No 1/2016 on national rules on railway vehicles subsystems, including on board control-command and signalling subsystems, which lay down how to implement and operate the SCMT system. This national rule has been notified to the European Union Agency for Railways in accordance with Article 14(1), point (c), of Directive (EU) 2016/797^note. Additionally, Italy requires the applicant to apply the relevant European standards and complementary Union regulations, as well as national and infrastructure manager rules^note.

(6)In addition, the non-application is to be strictly limited to the individual Siemens vehicles of the Vectron X4 platform (releases SW E2.05a or F1.08a) notified to the Commission by Italy. Italy should inform the Commission of the European Vehicle Number (EVN) of the 15 vehicles in the Annex for which the EVN is not yet available. Furthermore, Italy should be allowed to change the precise identification numbers of those vehicles by informing the Commission thereof. Where such a change is made, Italy should notify it to the Commission without delay.

(7)Based on the justification for the request provided by Italy 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 Siemens vehicles of the Vectron X4 platform (releases SW E2.05a or F1.08a). The request should therefore be accepted.

(8)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: