Commission Implementing Decision (EU) 2026/1909

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 9 February 2026, the Netherlands submitted to the Commission a request for non-application of point 5.10.2.4 of Subset-026^note, as required by Index No 4 of Table A 2 of Appendix A of Annex I to Commission Implementing Regulation (EU) 2023/1695^note to the 175 VIRM trains until 31 December 2032 (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, as required by Index No 4 of 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 175 VIRM trainsets owned by Nederlandse Spoorwegen to be equipped with European Train Control System (ETCS) BL3R2 and a switch which enables trains to operate only in Automatische TreinBeïnvloeding (ATB), i.e. the ATB-only function. This function allows the train to be driven using the Dutch Class B signalling system ATB, which de facto overrides the table of priorities of ETCS levels sent by the trackside. Nederlandse Spoorwegen’s programme to train drivers to operate using ETCS is ongoing. The ATB-only function is used by train drivers who have not yet completed the training.

(4)In the Netherlands, two lines are equipped with both ERTMS and ATB signalling systems: Amsterdam-Utrecht and Hanzeline. The Netherlands may decommission ATB on the Hanzeline before 31 December 2032. In any event, this decision should cease to apply as soon as ATB has been decommissioned on the Hanzeline, as by then there would be a sufficient number of ERTMS trained drivers to cover also the Amsterdam-Utrecht line.

(5)According to the documents submitted by the Netherlands, 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 entail an additional cost of EUR 95000000. The point of Subset-026 requires the onboard train control equipment to always transition to the highest ETCS level, in this case Level 2. It would thus not be possible for non-ETCS-trained drivers to operate VIRM trains on the dual signalling lines, despite ATB being available both onboard and trackside, rendering the timetable not achievable with only ETCS-trained drivers.

(6)As alternative measures, the Netherlands proposes the Rail Vehicles Commissioning Regulations^note, which lay down how to implement and operate the ATB system, and the use of the switch with the abovementioned ATB-only function. The Netherlands has committed to ensuring the removal of this function and switch once this decision ceases to apply.

(7)In addition, the non-application is to be strictly limited to the individual VIRM trainsets notified to the Commission by the Netherlands. The Netherlands should be allowed to change the precise identification numbers of those vehicles by informing the Commission thereof. Where such a change is made, the Netherlands should notify it to the Commission without delay.

(8)Based on the justification for the request provided by the Netherlands and the alternative measure 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 175 VIRM trains listed in the Annex to this Decision. 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: