Decision No 1/2021 of the Community/Switzerland Inland Transport Committee of 30 June 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 of the Committee on transitory measures to maintain smooth rail traffic between Switzerland and the European Union [2021/1171]

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. Switzerland plans to apply legal provisions equivalent to Directive (EU) 2016/797 of the European Parliament and of the Council⁽²⁾ and Directive (EU) 2016/798 of the European Parliament and of the Council⁽³⁾. By Decision No 2/2019 of 13 December 2019⁽⁴⁾, the Joint Committee, on the one hand, revised Annex 1 to the Agreement so as to incorporate the new substantive provisions of those Directives and, on the other, adopted transitory measures to maintain smooth rail traffic between Switzerland and the European Union pending amendment of the Agreement under the relevant procedures. These transitory provisions were initially applicable until 31 December 2020. By Decision No 2/2020 of 11 December 2020⁽⁵⁾, the Joint Committee extended their applicability until 31 December 2021.

4. The date on which certain Swiss national rules listed in Annex 1 to the Agreement which may be incompatible with the technical specifications for interoperability should be reviewed to decide whether to remove, amend or keep them should be set as the date of the next Committee, and not later than 31 December 2021.

5. The specific cases referred to in Article 4(5) of Directive (EU) 2016/797 of the European Parliament and of the Council for which provision may be made for each technical specification for interoperability in order to retain, in an appropriate manner, the compatibility of the existing rail system with regard to both network and vehicles should be listed in Annex 1 to the Agreement,

HAS DECIDED AS FOLLOWS: