EU Exit FAQs

No. TSIs have ceased to apply in the UK. 

However, the technical content of TSIs has been replicated as National Technical Specification Notices (NTSNs). These have been published by the Secretary of State on the Department for Transport (DfT) website.

There’s no real difference in technical content between an NTSN and the associated TSI. 

However, some of the terms used in the TSI are different in the NTSN, or they do not appear because they do not apply. Examples include references and responsibilities to EU institutions that no longer apply to the UK. 

Please see the DfT’s General approach for the production of NTSNs published on this website for further information.

If a TSI changes, this will trigger a process managed by RSSB that will involve: 

• consulting with industry
• preparing a business case for change and impact assessment
• creating a recommendation from the relevant standards committee. 

These outputs will be reviewed by the DfT against wider government policy and international commitments.

If the NTSN aligns with the TSI, this will be published by the Secretary of State. If the NTSN diverges from the associated TSI, DfT will notify Parliament through a Written Ministerial Statement before any final decisions are made. 

Once the 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. 

We continue to manage the TSI/NTSN issues log, which provides any clarifications on known issues and challenges associated with the application or implementation of relevant requirements in the NTSNs. The issues log can be found on this website.

NTSNs 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, as of 1 January 2021, there is no divergence between NTSNs and TSIs. The same UK-specific cases included in the TSIs at the end of the transition period were incorporated into the NTSNs on 1 January 2021.

All NTSN changes undergo industry-wide consultation through RSSB. Any published NTSNs are accompanied by relevant documentation that will set out the changes, including any divergences.

• 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 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 that 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. 

There was no change to NTRs from 1 January 2021. NTRs are still contained in Railway Group Standards as they were up until 31 December 2020. 

There was also no change to the 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.

As of 1 January 2021, there are no notifications of NTRs to the European Commission. Instead, the Secretary of State is required to publish a list of all NTRs applying in the UK. 

We continue to recommend to DfT the list of NTRs contained in Railway Group Standards.

There were no changes to RISs, GNs, or other RSSB documents. 

However, relevant documents were updated as quickly as possible to reflect the regulatory landscape following the UK’s exit from the EU in terms of legislative references and terminology. 

The term ‘Notified Body’ is replaced with ‘Approved Body’ in the UK. UK-appointed Notified Bodies are now no longer 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). 

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

• Approved Bodies 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 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 are now automatically an Approved Body. 
• You may continue to provide the same services in the UK. 
• You are not recognised in the EU unless you are also a recognised Notified Body in an EU member state.
• UK Approved Bodies in Great Britain can still act as Notified Bodies for the Northern Ireland market. 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 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 DfT for further information.

Manufacturers in Great Britain placing goods on the EU market need to comply with EU rules. Any mandatory conformity assessment needs to be carried out by an EU-recognised conformity Assessment Body.

UK conformity Assessment Bodies can no longer carry out mandatory conformity assessments for products being placed on the EU market unless agreed in trade negotiations.

No. A vehicle that was authorised in an EU member state or by the European Union Agency for Railways must now have an additional authorisation under regulation 6 of the Railways (Interoperability) Regulations 2011 (as amended). 

Different arrangements may apply for the Channel Tunnel and Northern Ireland. Please contact the DfT 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 that were in the TSI have been transferred into the NTSN. Similarly, validities of relevant UK certificates are set out in the relevant NTSNs and Regulations. 

In principle, there is no change to pre-EU exit 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). 

Although the basis on which an exemption can be sought remains largely the same as within the EU framework, RIR establishes a new domestic system for determining applications for exemptions from NTSNs.

Also, 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 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 DfT.

ENs were unaffected. 

We continue to influence the development of ENs through the British Standards Institution (BSI). For example, BSI’s membership of CEN and CENELEC continued beyond the end of the EU exit transition period. 

We and BSI also continue to 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.

The role of the European Commission has been 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 replaces 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 that can designate certain standards. 

Currently, rail-specific legislation such as the Railways (Interoperability) Regulations 2011 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 are still valid in the UK. However, they have been amended so that they apply to a UK-only context.

Unlike NTSNs, which replicate the technical content of TSIs and 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 are treated in the same way as any other UK legislation, which goes through policy development, public consultation, and relevant Parliamentary scrutiny. 

The existing regime of Part A and Part B safety certificates continues to apply. 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 must have a single safety certificate from the EU to operate in the EU. 

Applications for Part A and Part B safety certificates are assessed by the ORR using the common safety methods 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 were unaffected. They remain 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, from 31 January 2022, the driver requires 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 must now have a separate train driving licence in an EU country. 

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 must now have an ECM certificate under Commission Implementing Regulation (EU) 2019/779.

ECMs for vehicles that are only used in Great Britain do not need 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.

Schedules 9 and 10 of ROGS substantially reproduced 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 must now have an ECM certificate under Commission Implementing Regulation (EU) 2019/779. This means that an ECM for freight wagons used for domestic and cross-border services must have separate certificates.

Please see ORR Guidance on entities in charge of maintenance from 1 January 2021 for further information.

Some directly applicable EU legislation has been revoked by various EU Exit Statutory Instruments. However, some are retained in UK law and were amended from 1 January 2021 by various EU Exit Statutory Instruments to ensure that the UK can still apply those requirements in law.

In addition to the other ‘UK-retained directly applicable EU legislation’ already mentioned (TSIs, CSMs, and ECM Regulation), the following is still applicable:

• Commission Decision 2007/756/EC adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC, as amended by the Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 [S.I. 2020/318].
• Commission Decision 2010/17/EC on the adoption of basic parameters for registers of train driving licences and complementary certificates provided for under Directive 2007/59/EC of the European Parliament and of the Council, as amended by the Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 [S.I. 2019/677] (as amended by the Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 [S.I. 2020/318] and the Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 [S.I. 2020/786]).
• Commission Decision (EU) 2011/765 on criteria for the recognition of training centres involved in the training of train drivers, on criteria for the recognition of examiners of train drivers and on criteria for the organisation of examinations in accordance with Directive 2007/59/EC of the European Parliament and of the Council, as amended by the Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 [S.I. 2019/677] (as amended by the Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 [S.I. 2020/318] and the Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 [S.I. 2020/786]).
• Commission Implementing Decision (EU) 2018/1614 laying down specifications for vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC, as amended by the Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 [S.I. 2020/318].
• Commission Implementing Regulation (EU) 2019/777 on the common specifications for the register of railway infrastructure and repealing Implementing Decision 2014/880/EU, as amended by the Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 [S.I. 2020/318].
• Commission Regulation (EU) 36/2010 on Community models for train driving licences, complementary certificates, certified copies of complementary certificates and application forms for train driving licences, under Directive 2007/59/EC of the European Parliament and the Council, as amended by the Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 [S.I. 2019/677] (as amended by the Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 [S.I. 2020/318] and the Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 [S.I. 2020/786]).

Representatives from the UK rail sector 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)
• the United Nations Economic Commission for Europe (UNECE). 

Through these bodies, the UK keeps abreast of developments in the EU technical and regulatory landscape.