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Decision No 1/2025 of the Community/Switzerland Inland Transport Committee of 9 D... (22026D0566)

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Decision No 1/2025 of the Community/Switzerland Inland Transport Committee of 9 D... (22026D0566)

2026/566
24.3.2026

DECISION No 1/2025 OF THE COMMUNITY/SWITZERLAND INLAND TRANSPORT COMMITTEE

of 9 December 2025

as regards the amendment of Annex 1 to the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road and the amendment of Committee Decision No 2/2019 [2026/566]

THE COMMITTEE,
Having regard to the Agreement of 21 June 1999 between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road  ( 1 ) (‘the Agreement’), and in particular Article 52(4) thereof,
Whereas:
(1) Under Article 51(2) of the Agreement, the Community/Switzerland Inland Transport Committee (‘the Joint Committee’) is responsible for the monitoring and application of the provisions of the Agreement and implements the adaptation and revision clauses referred to in Articles 52 and 55 thereof.
(2) Under Article 52(4) of the Agreement, the Joint Committee adopts, inter alia, decisions revising Annex 1 so as to incorporate therein, as and where necessary and on a basis of reciprocity, amendments to the relevant legislation or decides on any other measure aimed at safeguarding the proper functioning of the Agreement.
(3) By Decision No 2/2019 of 13 December 2019  ( 2 ) , the Joint Committee, on the one hand, revised Annex 1 to the Agreement so as to incorporate substantive provisions of Directive (EU) 2016/797 of the European Parliament and of the Council  ( 3 ) and Directive (EU) 2016/798 of the European Parliament and of the Council  ( 4 ) , and, on the other, adopted transitory provisions to maintain smooth rail traffic between Switzerland and the European Union. The transitory provisions set out in Articles 2, 3, 4 and 5 of Decision No 2/2019 were initially applicable until 31 December 2020. By Decision No 2/2020  ( 5 ) , the Joint Committee extended their applicability until 31 December 2021. By Decision No 2/2021  ( 6 ) , their applicability was extended until 31 December 2022. By Decision No 1/2022  ( 7 ) , their applicability was further extended until 31 December 2023. By Decision No 1/2023  ( 8 ) , their applicability was extended until 31 December 2024. By Decision No 1/2024  ( 9 ) , their applicability was further extended until 31 December 2025.
(4) The provisions laid down in Articles 2, 3, 4 and 5 of Decision No 2/2019 should be extended until 31 December 2027 in order to maintain smooth rail traffic between Switzerland and the European Union.
(5) By Decision No 2/2021 of 17 December 2021, the date by which certain Swiss national rules listed in Annex 1 to the Agreement that may be incompatible with the technical specifications for interoperability should have been reviewed to decide whether to remove, amend or keep them was extended until 31 December 2022. By Decision No 1/2022, that date was postponed to 31 December 2023. By Decision No 1/2023, that date was postponed to 31 December 2024. By Decision No 1/2024, that date was postponed to 31 December 2025. In view of the stage reached in the review, that date should be changed to 31 December 2027 for those national rules that have not yet been reviewed.
(6) New legal acts of the European Union have been adopted in areas covered by the Agreement since it was last amended. Consequently, Annex 1 should be adapted to include these relevant new legal acts,
HAS DECIDED AS FOLLOWS:

Article 1

Annex 1 to the Agreement shall be amended as specified in the Annex to this Decision.

Article 2

Decision No 2/2019 of the Joint Committee of 13 December 2019 is amended as follows:
(1) Article 6(3) is replaced by the following:
‘3.   Annex 1 identifies the applicable national rules and specific cases that are potentially incompatible with Union law. If compatibility with Union law has not been established by 31 December 2027, those national rules and specific cases may no longer be applied unless the Joint Committee decides otherwise.’ ;
(2) in Article 8, the second paragraph is replaced by the following:
‘Articles 2, 3, 4 and 5 shall apply until 31 December 2027.’.

Article 3

This Decision shall enter into force on the day of its adoption.
Done at Brussels, 9 December 2025.
For the European Union
The President
Kristian SCHMIDT
For the Swiss Confederation
The Head of the Swiss Delegation
Christa HOSTETTLER
( 1 )    OJ L 114, 30.4.2002, p. 91 .
( 2 )   Decision No 2/2019 of the Community/Switzerland Inland Transport Committee of 13 December 2019 on transitory measures to maintain smooth rail traffic between Switzerland and the European Union ( OJ L 13, 17.1.2020, p. 43 ).
( 3 )   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 ( OJ L 138, 26.5.2016, p. 44 ).
( 4 )   Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety ( OJ L 138, 26.5.2016, p. 102 ).
( 5 )   Decision No 2/2020 of the Community/Switzerland Inland Transport Committee of 11 December 2020 amending Annex 1 to the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road and Decision No 2/2019 of the Committee on transitory measures to maintain smooth rail traffic between Switzerland and the European Union ( OJ L 15, 18.1.2021, p. 34 ).
( 6 )   Decision No 2/2021 of the Community/Switzerland Inland Transport Committee of 17 December 2021 amending Annex 1 to the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road and Decision No 2/2019 on transitory measures to maintain smooth rail traffic between Switzerland and the European Union ( OJ L 46, 25.2.2022, p. 125 ).
( 7 )   Decision No 1/2022 of the Community/Switzerland Inland Transport Committee of 21 December 2022 amending Annex 1 to the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road and Decision No 2/2019 of the Committee ( OJ L 19, 20.1.2023, p. 144 ).
( 8 )   Decision No 1/2023 of the Community/Switzerland Inland Transport Committee of 14 December 2023 amending Annex 1 to the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road and Decision No 2/2019 of the Committee ( OJ L, 2024/1182, 19.4.2024, ELI: http://data.europa.eu/eli/dec/2024/1182/oj ).
( 9 )   Decision No 1/2024 of the Community/Switzerland Inland Transport Committee of 13 December 2024 amending Annexes 1, 5 and 8 to the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road and Decision No 2/2019 of the Committee ( OJ L, 2025/717, 15.4.2025, ELI: http://data.europa.eu/eli/dec/2025/717/oj ).

ANNEX

Annex 1 to the Agreement of 21 June 1999 between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail is amended as follows:
(1) Section 3 (‘Technical standards’) is amended as follows:
(a) The 18th indent concerning Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008  ( 1 ) is replaced by the following text:
‘—
Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods ( OJ L 260, 30.9.2008, p. 13 ), as last amended by Commission Delegated Directive (EU) 2025/149 of 15 November 2024 ( OJ L 2025/149, 24.1.2025 ).’
(2) Section 4 (‘Access and transit rights with regard to railways’) is amended as follows:
(a) The fourth indent concerning Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004  ( 2 ) is deleted.
(b) The sixth indent concerning Commission Regulation (EC) No 653/2007 of 13 June 2007  ( 3 ) is deleted.
(c) The eighth indent concerning Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008  ( 4 ) is deleted.
(d) The 14th indent concerning Commission Regulation (EU) No 201/2011 of 1 March 2011  ( 5 ) is deleted.
(e) As regards the 25th indent concerning Commission Regulation (EU) No 1302/2014 of 18 November 2014  ( 6 ) , the date of ‘31 December 2025’, by which the compatibility of the following Swiss national rules with the corresponding Union technical specifications for interoperability should have been reviewed, is replaced by ‘31 December 2027’ for the following provisions:
— CH-TSI LOC&PAS-009 (version 1.1 of June 2024)
— CH-TSI LOC&PAS-019 (version 3.0 of June 2024)
— CH-TSI LOC&PAS-020 (version 3.0 of June 2024)
— CH-TSI LOC&PAS-025 (version 2.2 of June 2024)
— CH-TSI LOC&PAS-027 (version 3.0 of June 2024)
— CH-TSI LOC&PAS-031 (version 3.0 of June 2024)
— CH-TSI LOC&PAS-035 (version 2.2 of June 2024)
— CH-TSI LOC&PAS-036 (version 2.2 of June 2024)
(f) The following indent is inserted after the indent concerning Commission Regulation (EU) 2019/780 of 16 May 2019  ( 7 ) :
‘Commission Implementing Regulation (EU) 2020/572 of 24 April 2020 on the reporting structure to be followed for railway accident and incident investigation reports ( OJ L 132, 27.4.2020, p. 10 ). ’
(g) The 44th indent concerning Commission Implementing Decision (EU) 2020/453 of 27 March 2020  ( 8 ) is deleted.
(h) As regards the 48th indent concerning Commission Implementing Regulation (EU) 2023/1695 of 10 August 2023  ( 9 ) , the date of ‘31 December 2025’, by which the compatibility of the following Swiss national rules with the corresponding Union technical specifications for interoperability should have been reviewed, is replaced by ‘31 December 2027’ for the following provisions, and for CH-TSI CCS-006 the date of ‘November 2024’ is corrected and replaced by ‘June 2024’:
— CH-TSI CCS-006 (version 3.0 of June 2024)
— CH-TSI CCS-019 (version 3.1 of June 2024)
— CH-TSI CCS-026 (version 2.2 of June 2024)
— CH-TSI CCS-032 (version 2.2 of June 2024)
— CH-TSI CCS-033 (version 2.1 of June 2024)
— CH-TSI CCS-038 (version 1.2 of June 2024)
— CH-CSM-RA-001 (version 2.1 of June 2024).
( 1 )   Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods ( OJ L 260, 30.9.2008, p. 13 ), as last amended by Commission Delegated Directive (EU) 2022/2407 of 20 September 2022 ( OJ L 317, 9.12.2022, p. 64 ).
( 2 )   Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) ( OJ L 164, 30.4.2004, p. 44 ), as last amended by Commission Directive 2014/88/EU of 9 July 2014 ( OJ L 201, 10.7.2014, p. 9 ).
( 3 )   Commission Regulation (EC) No 653/2007 of 13 June 2007 on the use of a common European format for safety certificates and application documents in accordance with Article 10 of Directive 2004/49/EC of the European Parliament and of the Council and on the validity of safety certificates delivered under Directive 2001/14/EC of the European Parliament and of the Council ( OJ L 153, 14.6.2007, p. 9 ), as amended by Commission Regulation (EU) No 445/2011 of 10 May 2011 ( OJ L 122, 11.5.2011, p. 22 ).
( 4 )   Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (Recast) ( OJ L 191, 18.7.2008, p. 1 ), as last amended by Commission Directive 2014/38/EU of 10 March 2014 ( OJ L 70, 11.3.2014, p. 20 ).
( 5 )   Regulation (EU) No 201/2011 of 1 March 2011 on the model of declaration of conformity to an authorised type of railway vehicle ( OJ L 57, 2.3.2011, p. 8 ).
( 6 )   Commission Regulation (EU) No 1302/2014 of 18 November 2014 concerning a technical specification for interoperability relating to the ‘rolling stock – locomotives and passenger rolling stock’ subsystem of the rail system in the European Union ( OJ L 356, 12.12.2014, p. 228 ), as last amended by Commission Implementing Regulation (EU) 2023/1694 of 10 August 2023 ( OJ L 222, 8.9.2023, p. 88 ).
( 7 )   Commission Recommendation (EU) 2019/780 of 16 May 2019 on practical arrangements for issuing safety authorisations to infrastructure managers ( OJ L 139 I, 27.5.2019, p. 390 ).
( 8 )   Commission Implementing Decision (EU) 2020/453 of 27 March 2020 on the harmonised standards for railway products drafted in support of Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community ( OJ L 95, 30.3.2020, p. 1 ).
( 9 )   Commission Implementing Regulation (EU) 2023/1695 of 10 August 2023 on the technical specification for interoperability relating to the control-command and signalling subsystems of the rail system in the European Union and repealing Regulation (EU) 2016/919 ( JO L 222, 8.9.2023, p. 380 ).
ELI: http://data.europa.eu/eli/dec/2026/566/oj
ISSN 1977-0677 (electronic edition)
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