On 12 September 2023, the National Council approved the revision of the Railways Act (EBG), following its unanimous approval by the Council of States in the 2023 summer session. However, the revision of the Railways Act cannot be fully implemented until the 4th EU railway package is included in the land transport agreement or the transitional solution with the EU is extended. Inefficiencies could therefore remain.
That’s the point:
- What has happened so far
- Switzerland has adopted three EU railway packages
- Revised EBG creates equivalent conditions
- Ordinances must also be adapted
- Inclusion of the 4th EU railway package in the Land Transport Agreement necessary
What has happened so far
The 4th EU railway package has been in force since 16 June 2019 and the EU Railway Agency (ERA) is now responsible for issuing uniform safety certificates and approvals for rolling stock for cross-border traffic. In the 2023 summer session, the Council of States approved its committee’s request to amend the Railways Act (implementation of the technical pillar of the 4th EU railway package).
The 4th EU railway package contains three key elements:
- The applicable regulations are to be systematically harmonised in all participating countries. This is achieved through institutionalised entry into force procedures for the technical specifications for interoperability, TSIs and their updates. This means that TSIs published by the EU Commission are now directly valid in all countries; national implementation processes are no longer required.
- ERA monitors the removal of obsolete national regulations by the responsible national supervisory authorities.
- ERA now coordinates the authorisation procedures and issues uniform, cross-border operating licences.
ERA operates the online vehicle authorisation portal “One Stop Shop”. It works closely with the national supervisory authorities when checking authorisation dossiers. Today, an application for authorisation can be made and the corresponding dossier submitted in ERA’s “One Stop Shop”. The ERA examines the dossier in consultation with the national supervisory authorities involved and issues an operating licence that is directly valid in all the countries applied for.
Switzerland has adopted three EU railway packages
Switzerland has adopted the relevant technical provisions of the three EU railway packages as part of the land transport agreement with the EU. It already sits as an observer on the relevant committees for the ongoing development of interoperability and co-operates with the ERA. It has not yet been possible to join the ERA.
Revised EBG creates equivalent conditions
The technical pillar of the 4th EU railway package includes the revision of the requirements for interoperability (Directive 2016/797) and railway safety (Directive 2016/798). It also includes the further development of the ERA into an EU supervisory authority with the One Stop Shop for standardised procedures (see blog article “Switzerland faces isolation in international rail transport”). The revision of the Railways Act lays the foundations for implementing the technical pillar of the 4th railway package. Accordingly, all interoperable Swiss railways are to be subject to the same conditions as EU member states and access to the simplified authorisation procedure is to be opened up via ERA.
Ordinances also need to be amended
On the basis of the amendments to the EBG, the FOT can establish the necessary conformity with the EU directives in a second step at ordinance level. It has therefore already prepared the corresponding draft amendments to the ordinances and had them reviewed by the EU Commission – with a favourable result. Switzerland has thus independently created the basis for the equivalence of its legislation with that of the EU.
Inclusion of the 4th EU railway package in the land transport agreement necessary
With the implemented revision of the EBG, Switzerland has gained valuable time. After all, it usually takes several years for a revision of the law to come into force. In this case, the national legal framework is already in place. However, the inclusion of the technical pillar of the 4th EU railway package in the Land Transport Agreement and accession to the ERA are necessary for it to take full effect. Neither is foreseeable for the time being in the context of the faltering negotiations between the EU and Switzerland. The EU requires an agreement on the framework agreement and the opening of passenger transport in Switzerland (part of the 3rd EU railway package). The latter has so far failed to materialise; all attempts by the FOT to make concessions by softening the market partitioning by Switzerland have so far been unsuccessful.
Full interoperability and a fundamental simplification of authorisation procedures reduce administrative and operational costs. This is fundamental for safe and competitive rail (freight) transport and thus for a successful modal shift.
