EU Exit FAQs

No. TSIs will cease to apply in the UK. However, the technical content of TSIs at the end of the transition period will be replicated as National Technical Specification Notices (NTSNs) from 1 January 2021. These will be published by the Secretary of State on the Department for Transport (DfT) website. Drafts of the NTSNs are currently published on this website.

Initially, there is no difference in technical content between an NTSN and the associated TSI. However, some of the terms used in the TSI will be different in the NTSN or may not even appear because they do not apply. Examples include references and responsibilities to EU institutions which will no longer apply to the UK. For example, references to Member States and the Union rail system; requirements on Member States to notify the European Commission and European Union Agency for Railways; references to EU legislation; and specific cases that are not relevant to the UK. Please see the Department for Transport’s General approach for the production of NTSNs published on this website for further information.

If a TSI changes then this will trigger a process managed by RSSB, which will involve consultation with industry, preparing a business case for change and impact assessment, leading to a recommendation from the relevant Standards Committee. These will be reviewed by the DfT against wider government policy and international commitments. If the NTSN aligns with the TSI then this is published by the Secretary of State. If the NTSN diverges from the associated TSI then DfT will notify Parliament through a Written Ministerial Statement before any final decisions are made. Once necessary changes are made further to feedback, the DfT will present the final NTSN text to the Secretary of State for a decision to publish on the DfT website. Further information on the proposed change management process can be found on this website. RSSB will also continue to manage the TSI/NTSN issues log which will provide any clarifications on known issues and challenges associated with application or implementation of relevant requirements in the NTSNs. The issues log can be found on this website.

NTSNs will indicate if they diverge from TSIs by reference to UK specific cases. A ‘UK specific case’ is a special provision in relation to the technical specifications for a subsystem or an interoperability constituent to allow for its compatibility with the rail system, which is set out in an NTSN or a National Technical Rule (NTR). However, there will be no divergence between NTSNs and TSIs on 1 January 2021. The same UK specific cases included in the TSIs at the end of the transition period will be incorporated into the NTSNs on 1 January 2021.

All NTSN changes will undergo industry-wide consultation through RSSB. Any published NTSN will be accompanied by relevant documentation which will set out the changes including any divergences. RSSB and the DfT are in discussions on whether a track changed version can be published on RSSB’s website. It is likely that the DfT will alert the changes through the interoperability newsflash email. However, this is yet to be confirmed. You can email interoperability@dft.gov.uk to register to receive any newsflash.

In addition to the 11 NTSNs that replicate TSIs, there are two additional NTSNs, which bring across two other key EU requirements to ensure alignment from 1 January 2021. One is the Modules NTSN. This sets out the procedures for assessment of conformity or suitability for use and UK verification. It replaces Commission Decision 2010/713/EU on modules for the procedures for assessment of conformity, suitability for use and ‘EC’ verification to be used in the TSIs.

The other NTSN concerns the assessment of interoperability constituents against UK specific cases, including the further assessment of interoperability constituents which hold an ‘EC’ declaration of conformity or suitability for use. This NTSN sets out the procedure that must be followed for the assessment of interoperability constituents against UK specific cases. This includes the further assessment of interoperability constituents which hold an ‘EC’ declaration of conformity or suitability for use, which applies in cases where there is an applicable UK specific case for the constituent. 

Drafts of the NTSNs are currently published on this website.

There will be no change to NTRs from 1 January 2021. NTRs will still be contained in Railway Group Standards as they were up until 31 December 2020. There is also no change to management of these standards through industry committees, including the ability to seek deviations as required. Their scope also remains the same; that is, they address specific cases or open points in the NTSNs or are needed for technical compatibility with legacy subsystems.

Up until the end of the transition period, the UK was required to notify NTRs to the European Commission. This notification was carried out by the DfT.
From 1 January 2021, there will be no notification of NTRs to the European Commission. Instead, the Secretary of State will be required to publish a list of all NTRs applying in the UK. RSSB will continue to recommend to DfT the list of NTRs contained in Railway Group Standards.

There will be no changes to RISs, GNs and other RSSB documents on 1 January 2021. However, relevant documents will be updated at the earliest opportunity to reflect the regulatory landscape following Brexit in terms of legislative references and terminology. For example, a Rail Industry Standard might refer to an EU Directive/Regulation or the European Commission, which are no longer relevant after Brexit. 

The term ‘Notified Body’ is replaced with ‘Approved Body’ in the UK. From 1 January 2021, UK-appointed Notified Bodies will no longer be notified to the European Commission and will automatically become Approved Bodies by virtue of the amendment made to the Railways (Interoperability) Regulations 2011 (as amended) from 1 January 2021. 

If you use the services of an Approved/Notified Body, Designated Body or Assessment Body in the UK…

Approved Bodies will continue to assess conformity with requirements in the NTSNs in the same way that a Notified Body did with TSIs. There are no changes to the services that are performed by Designated Bodies and Assessment Bodies as they remain valid under domestic regulations. 

If you are a Notified Body based in the UK…

You will now automatically be an Approved Body. You may continue to provide the same services in the UK. You will not be recognised in the EU unless you are also a recognised Notified Body in an EU member state.

UK Approved Bodies in Great Britain will still be able to act as Notified Bodies for the Northern Ireland market from 1 January 2021. Please see Government guidance on moving manufactured goods from Great Britain to Northern Ireland for further information.

If you are a Notified Body based outside the UK…

You will need to apply to be an Approved Body to assess conformity against the NTSNs. Note: Different arrangements may apply to recognition in Northern Ireland. Please contact the Department for Transport for further information.

From 1 January 2021 manufacturers in Great Britain placing goods on the EU market will need to comply with EU rules. Any mandatory conformity assessment will need to be carried out by an EU-recognised conformity assessment body.

UK conformity assessment bodies will no longer be able to carry out mandatory conformity assessment for products being placed on the EU market unless agreed in trade negotiations.

No, but only for a limited time. New regulation 47A(2) of the Railway (Interoperability) Regulations 2011 (as amended) contains transitional provisions that allow an application for authorisation made before 1 January 2021 to be treated as a valid application from 1 January 2021. In addition, any ‘EC’ declaration of verification and technical file submitted with that application will be treated as a UK declaration of verification and technical file that have been submitted. However, recognition of an ‘EC’ declaration of verification will only be valid until 31 December 2022. After that date, a UK declaration of verification will need to be provided if the authorisation has not yet been granted. Please see the Government’s guidance on rail transport from 1 January 2021 for further information.

No. New regulation 47A(3) of the Railways (Interoperability) Regulations 2011 (as amended) contains transitional provisions that allow an application for type authorisation that was made before 1 January 2021 to be treated as a valid application from 1 January 2021. Any reference to an applicable TSI or notified NTR in the documentation accompanying that application will be treated as a reference to the applicable NTSN or NTR which replaces them.

No, but only for a limited time. Where a notified body was engaged before the end of the transition period on 31 December 2020 to carry out an ‘EC’ verification assessment procedure, new regulation 47A(9) of RIR contains transitional provisions. They allow the work carried out by the notified body before 31 December 2020 against TSIs or notified NTRs to be treated from 1 January 2021 as work undertaken to carry out the UK verification assessment procedure in relation to NTSNs. However, the UK will only recognise EC conformity assessment documentation for two years until 31 December 2022. Please see the Government’s guidance on rail transport from 1 January 2021 for further information.

No. From 1 January 2021, a vehicle that was authorised in an EU Member State or by the European Union Agency for Railways, must have an additional authorisation under regulation 6 of the Railways (Interoperability Regulations 2011 (as amended). Different arrangement may apply for the Channel Tunnel and Northern Ireland. Please contact the Department for Transport for further information.

Each NTSN includes any relevant protections against changes to future NTSNs. For example, section 7.1.3. of the Rolling stock – Locomotive and Passenger (LOC&PAS) NTSN on Rules related to the UK type or design examination certificates sets out different phases and associated validity periods during which a project is protected from changes in requirements due to future changes to the NSTN. Protections which were in the TSI have been transferred into the NTSN. Similarly, validities of relevant UK certificates will be set out in the relevant NTSNs and Regulations. In principle, there is no change to pre-Brexit arrangements.

The term ‘derogation’ as it applies to TSIs has been replaced with the term ‘exemption’ as it applies to NTSNs. This reflects changes to the terminology in the Railways (Interoperability) Regulations 2011(as amended) (RIR). Whilst the basis on which an exemption can be sought remains largely the same as within the EU framework, RIR establish a new domestic system for determining applications for exemptions from NTSNs.

Additionally, innovative solutions as a means of disapplying a standard are provided for in each TSI and EU Member States are required to seek the permission of the Commission in order to use such solutions. The facility for innovative solutions for the UK is now included as an NTSN exemption category in RIR as it is more appropriate to make provision in the Regulations and include them with the other exemption categories rather than in the NTSNs. The NTSNs therefore refer to regulations 14 and 14A of RIR, which address the exemptions categories and processes and require an application to be made to the Department for Transport.

ENs will be unaffected from 1 January 2021. RSSB will continue to influence the development of ENs through the British Standards Institution (BSI), for example, BSI’s membership of CEN and CENELEC continues beyond the end of the EU exit transition period. BSI and RSSB will optimise the participation of UK rail stakeholders through BSI’s membership of ISO, IEC, CEN, CENELEC and ETSI. Please see the BSI website for further information.

A harmonised standard is a European standard developed by a recognised European Standards Organisation: CEN, CENELEC, or ETSI. It is created following a request from the European Commission to one of these organisations. Manufacturers, other economic operators, or conformity assessment bodies can use harmonised standards to demonstrate that products, services, or processes comply with relevant EU legislation (called ‘a presumption of conformity’). The European Commission publishes references to harmonised standards in the Official Journal of the European Union.

From 1 January 2021, the role of the European Commission will be replaced by the Secretary of State in relation to Great Britain. The relevant Secretary of State will designate certain standards (‘designated standards’) that can confer a presumption of conformity with relevant UK Regulations (introduced by the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 [S.I. 2019/696]). This will replace the citation by the European Commission of harmonised standards in the Official Journal of the EU as part of the new UK conformity assessment (UKCA) regime for the Great Britain market. For more information see https://www.gov.uk/guidance/using-the-ukca-mark-from-1-january-2021 which includes legislation which can designate certain standards. Currently rail-specific legislation such as the Railways (Interoperability) Regulations 2011 (RIR) is not covered. Therefore, the specific clauses in ENs or BS ENs referenced from the NSTNs are the only requirements relevant to meeting obligations under the Railways (Interoperability) Regulations 2011 (as amended). Please also see the British Standards Institution’s website for further information.

Most CSMs will still be valid in the UK from 1 January 2021. However, they will be amended so that they apply to a UK-only context.

Unlike NTSNs, which replicate the technical content of TSIs and will keep pace with any change to that technical content, there are no provisions to keep pace with CSMs if there are changes to them in the EU. Any changes to the CSMs in the UK will be treated in the same way as any other UK legislation, which go through policy development, public consultation and relevant Parliamentary scrutiny. 

The existing regime of Part A and Part B safety certificates will continue to apply from 1 January 2021. Operators must hold an ORR-issued Part A and Part B safety certificate to operate on the mainline railway. UK-established operators operating cross-border services through the Channel Tunnel will also need to obtain a single safety certificate from the EU to operate in the EU. Part A certificates issued by ORR will run the course of their validity. However, Part A certificates issued in the EU to operators running a domestic-only service in Great Britain before 31 January 2020 will be valid up until 31 January 2022 or until they expire - whichever is earlier. Please see the Government’s guidance on rail transport from 1 January 2021 for further information.

Applications for Part A and Part B safety certificates will be assessed by ORR using the CSMs for conformity assessment (1158/2010 and 1169/2010). The format for safety certificates and the application form are reproduced in new Schedule 8 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006 (as amended).

Train driving licences issued in the UK are unaffected. They will still be valid, and the eligibility criteria remains the same (subject to any changes that may or may not be introduced in the future). If a licence was issued in the EU, then from 31 January 2022 the driver will require a licence issued in the UK to drive a train in the UK Train drivers operating international services or driving domestic services in an EU member state with an ORR-issued train driving licence will need to obtain a separate train driving licence in an EU country by 1 January 2021. Please see the Government’s guidance on rail transport from 1 January 2021 for further information.

ECMs for vehicles that are used to operate cross border services through the Channel Tunnel will need to obtain an ECM certificate under Commission Implementing Regulation (EU) 2019/779 by 16 June 2022.

ECMs for vehicles that are only used in Great Britain will not require an ECM certificate if the vehicle is not a freight wagon. However, the ECM may choose to voluntarily apply the requirements of Commission Implementing Regulation (EU) 2019/779. Please see ORR Guidance on entities in charge of maintenance from 1 January 2021 for further information.

From 1 January 2021, new Schedules 9 and 10 of ROGS will substantially reproduce Commission Regulation (EU) 445/2011 in respect of ECMs for freight wagons operating in Great Britain only. ECMs for freight wagons that are used to operate cross border services through the Channel Tunnel will need to obtain an ECM certificate under Commission Implementing Regulation (EU) 2019/779 by 16 June 2022. This means an ECM for freight wagons that are used for domestic and cross-border services will need to obtain separate certificates. Please see ORR Guidance on entities in charge of maintenance from 1 January 2021 for further information.

The UK has not transposed the Technical Pillar of the Fourth Railway Package (Directive (EU) 2016/797 and Directive 2016/798). The government is in the process of considering legislation in this area and further information will be provided in due course.

Some directly applicable EU legislation are revoked by various EU Exit Statutory Instruments at the end of the transition period. However, some are retained in UK law and are amended from 1 January 2021 by various EU Exit Statutory Instruments to ensure the UK can still apply those requirements in law.

Representatives from the UK rail sector will continue to participate in European rail sector bodies such as the Community for European Railway and Infrastructure Companies (CER), European Rail Infrastructure Managers (EIM), Association of European Railway Industries (UNIFE) and European Passenger Train and Traction Operating Lessors Association (EPTTOLA). In addition, the UK government remains a member of the Intergovernmental Organisation for International Carriage by Rail (OTIF) which applies to international rail traffic and the associated Convention is an international treaty. OTIF provides legal and technical interoperability for international carriage by rail and internationally beyond the EU. It works in close partnership with the European Union, the European Union Agency for Railways, the International Rail Transport Committee (CIT), the International Union of Railways (UIC), the Organization for Co-operation between Railways (OSJD) and the United Nations Economic Commission for Europe (UNECE). Through these bodies, the UK can keep abreast of developments in the EU technical and regulatory landscape.