(fra kommisjonsforordningen)

(1) In accordance with Commission Delegated Decision (EU) 2017/1474, the technical specifications for interoperability (TSIs) should be reviewed in order to take into account developments in the Union railway system relating to research and innovation activities, and integrate references to updated standards. 

(2) The European Train Control System (ETCS) and Automated Train Operation (ATO) on-board units should be able to safely run on compliant ETCS and ATO lines with an acceptable level of performance. Trackside and on-board ETCS equipment based on Baseline 4 specifications and ATO equipment based on Baseline 1 specifications should be tested according to suitable new procedures. Therefore, the TSI relating to the control-command and signalling (CCS) subsystems should be amended to provide for new testing procedures. 

(3) Commission Implementing Regulation (EU) 2023/1695 introduced the concept of a single set of specifications implementing three levels of functionalities for system versions 2.1, 2.2 and 3.0. This means that corrections to any specification errors need only be made once and will apply to all system versions covered by the text of the specifications. Implementing Regulation (EU) 2023/1695 only defines the functionalities of the most complete system version, i.e. version 3.0. Therefore, this TSI should be amended to provide for the detailed description of the functionalities of the two reduced system versions, i.e. versions 2.1 and 2.2. 

(4) Implementing Regulation (EU) 2023/1695 provides for transitional measures in order to keep the railway sector competitive and prevent undue costs arising from changes made too frequently to the legal framework. Such transitional measures apply to contracts which are already underway and to projects at an advanced stage of development on the date of application of the relevant TSI. However, provisions relating to transition periods in points 7.2.4 and 7.4.1.2 and in Appendix B of Annex I to Implementing Regulation (EU) 2023/1695 may lead to varying interpretations. Application of the transition regimes set out in Appendix B of Annex I to Implementing Regulation (EU) 2023/1695 have proven that they are not extensive enough to prevent undue costs on the railway sector. Therefore, it is necessary to amend the provisions on transition regimes. 

(5) Implementing Regulation (EU) 2023/1695 laid down provisions on the continuation of the obligations of the infrastructure managers in relation to ETCS system compatibility. However similar provisions in relation to radio system compatibility have not been included. Therefore, it is necessary to complement. Implementing Regulation (EU) 2023/1695 with provisions on the continuation of the obligations of the infrastructure managers in relation to radio system compatibility. 

(6) While changes to Implementing Regulation (EU) 2023/1695 and its Annexes are limited in scope they are large in number. Therefore it is appropriate to replace the annexes in their entirety. 

(7) In order to avoid uncertainty, pursuant to Article 3(5), point (h), of Delegated Decision (EU) 2017/1474 each amended TSI is to indicate whether the conformity assessment bodies notified on the basis of a previous version of the TSI need to be re-notified, and whether a simplified notification process should be applied. The amendments introduced by this Regulation do not require specific new competences for the conformity assessment and therefore the conformity assessment bodies that were notified on the basis of previous versions of CCS TSI under Regulations (EU) 2023/1695 and (EU) 2016/919 do not need to be re-notified. 

(8) On 19 December 2024, the Agency issued a recommendation to amend Regulation (EU) 2023/1695 as regards the testing requirements for the new ETCS Baseline 4 specifications and ATO Baseline 1 specifications. In its recommendation, the Agency also provided for specifications defining ETCS Baseline 4 system versions 2.1 and 2.2, as well as making more precise provisions on transitional measures. 

(9) Regulation (EU) 2023/1695 should therefore be amended accordingly. 

(10) The measures provided for in this Regulation are in accordance with the opinion of the committee established in accordance with Article 51(1) of Directive (EU) 2016/797,