Commission Implementing Regulation (EU) 2019/773 of 16 May 2019 on the technical specification for interoperability relating to the operation and traffic management subsystem of the rail system within the European Union and repealing Decision (Text with EEA relevance.)

This Regulation lays down the technical specification for interoperability (TSI) relating to the operation and traffic management subsystem of Union rail system, as set out in the Annex. The TSI set out in the Annex shall apply to the operation and traffic management subsystem set out in point 2.5 of Annex II to Directive (EU) 2016/797.

Member States shall notify the following types of agreement to the Commission by 1 January 2020, where they have not already been notified pursuant to Commission Decisions 2006/920/EC , 2008/231/EC , 2011/314/EU or 2012/757/EU: (a) bilateral or multilateral agreements between railway undertakings, infrastructure managers or safety authorities that deliver significant levels of local or regional interoperability; (b) international agreements between one or more Member States and at least one third country, or between Member State(s') railway undertakings or infrastructure managers and at least one railway undertaking or infrastructure manager of a third country, that deliver significant levels of local or regional interoperability.

The conditions to be complied with for verifying the interoperability pursuant to Article 13 of Directive (EU) 2016/797 shall be as set out in the national rules applicable in the Member State where the operation takes place, in the following situations: (a) in the specific situations referred to in point 7.2 of the Annex to this Regulation; (b) with regard to the topics listed as open points and areas for national rules referred to in Appendix I to that Annex.

By 1 July 2019 at the latest, the Agency shall publish a guide on the application of the operation and traffic management subsystem (application guide). The Agency shall keep the application guide up to date.

Decision 2012/757/EU is repealed with effect from 16 June 2021. However, Appendix A and C of the Annex to Decision 2012/757/EU may continue to apply by 16 June 2024 at the latest.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 16 June 2021. However, Sections 4.2.2.1.3.2 and 4.4 of the Annex shall apply from 16 June 2019. Section 4.2.2.5 and Appendix D1 of the Annex to this Regulation shall apply from 16 June 2019 in the Member States that have not notified the Agency and the Commission in accordance with Article 57(2) of Directive (EU) 2016/797. Section 4.2.2.5 and Appendix D1 of the Annex to this Regulation shall apply from 16 June 2020 in the Member States that have notified the Agency and the Commission in accordance with Article 57(2) of Directive (EU) 2016/797. Appendix A and C of the Annex to this regulation shall apply from 16 June 2024 at the latest.