European Union railway legislation

The supremacy of European Union (EU) regulations comes from the EU Treaties.

More specifically, Article 288 of the Treaty on the Functioning of the European Union states that "(EU) Regulation shall apply in general. It shall be binding in its entirety and directly applicable in all Member States." The implementation of EU legislation is also briefly explained on the relevant European Commission page.

4. railway package

The 4th railway package aims to remove the remaining obstacles to creating a single European railway area. The proposed legislation will reform the European Union's rail sector, encouraging competition and innovation in domestic passenger transport markets.

It would also implement technical and structural reforms. The result should be a safer, more interoperable, and more reliable European rail network.

More information on the 4th railway package can be found on the European Commission's website and the website of the European Union Agency for Railways (EUAR).

Access to European Union legislation: https://eur-lex.europa.eu/homepage.html

The 4th railway package transposes the following directives:

  • EU Railway Interoperability Directive 2016/797;
  • EU Railway Safety Directive 2016/798;
  • Directive 2016/2370 on the opening of the market for rail passenger services and the management of railway infrastructure in the European Union, amending Directive 2012/34/EC.

Also, the transposition of the 4th railway package means the implementation of several directly applicable regulations in Estonia:

  • Regulation of the European Parliament and the Council concerning the European Railway Agency 2016/796;
  • Regulation of the European Parliament and the Council on the opening of the market for national rail passenger services 2016/2338;
  • Regulation of the European Parliament and the Council of the European Parliament and the Council on common rules for the compensation of financial obligations and benefits of railway undertakings 2016/2337;
  • Commission Implementing Regulation on the authorization process for rolling stock.
  • Commission Implementing Regulation (EU) 2018/763 laying down the practical arrangements for issuing a single safety certificate to railway undertakings under Directive 2016/798/EC of the European Parliament and the Council and repealing Commission Regulation (EC) No 653/2007.
  • Commission Delegated Regulation (EU) 2018/762 laying down common safety methods to meet the requirements of the safety management system under Directive (EU) 2016/798 of the European Parliament and the Council and repealing Commission Regulations (EU) No 1158/2010 and (EU) No 1169/2010.
  • Commission Delegated Regulation (EU) 2018/761 laying down common safety methods for the supervision by national safety authorities of the issuance of a single safety certificate or a single safety authorization after the issuance of a single safety certificate or a single safety authorization per Directive (EU) 2016/798 of the European Parliament and the Council and repealing Commission Regulation (EU) No 1077/2012.
  • Commission Implementing Regulation (EU) 2018/764 on the European Railway Agency charges and their payment conditions.

Last updated: 07.04.2021