Subsidiary Legislation 427.99 transpose  Directive  (EU)  2016/797 and  establish  the  conditions  to  be  met  to  achieve  interoperability within  the  Union  rail  system  in  a  manner  compatible  with  the provisions of Directive (EU) 2016/798 in order to define an optimal level  of  technical  harmonisation,  to  make  it  possible  to  facilitate, improve and develop rail transport services within the Union and with third  countries  and  to  contribute  to  the  completion  of  the  single European railway area and the progressive achievement of the internal market.

Aim of the Directive

Directive (EU) 2016/797 sets out the conditions to be met to achieve interoperability within the European Union (EU) rail system.

It aims to facilitate, improve and develop rail transport services within the EU and with non-EU countries, thereby contributing to the completion of the single European railway area and to the shift to more efficient types of transport.

Applicability

Directive (EU) 2016/797 applies to the rail system in EU countries, including:

• vehicles and infrastructure;
• energy;
• signalling systems and telematics applications (e.g. ticketing systems) for freight and passengers;
• accessibility for persons with reduced mobility;
• noise issues.

Directive (EU) 2016/797  does not apply to:

• metros;
• trams and light rail vehicles and infrastructure used exclusively by those vehicles;
• networks that are not part of the EU rail systems and that are intended to operate only local, urban or suburban passenger services, along with companies that operate solely on these networks.

Other

When  a  public  or  private  entity  submits  an  official application for the purpose of building a new railway line which is to be operated in Malta in accordance with the applicability of Subsidiary Legislation 427.99 and which will be regarded as forming part of the Union rail  system  with  a  view  to  its  operation  by  one  or  more  railway undertakings, but excluding a metro system, a tram, networks that are functionally separate from the rest of the Union rail system and any other light rail systems, Article 13, Article 14(1) to (8), (11) and (12),Article 15(1) to (9), Article 16(1), Articles 19 to 26, Articles 45, 46and 47, Article 49(1) to (4) and Article 54 of Directive (EU) 2016/797 shall apply.

To date, no such rail system is established on the Maltese Islands.

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