# The Railways (Interoperability in Northern Ireland) (Convention on International Carriage by Rail) (Amendment) Regulations 2026, Note: Explanatory note (This note is not part of the Regulations) These Regulations implement 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 (O.J. No. L 138, 26.5.2016, p. 44) (the “2016 Directive”) for Northern Ireland, making technical provision for the placing on the market, putting into service and free movement of railway products. The 2016 Directive is a recast of Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 (O.J. No. L 191, 18.7.2008, p. 1), which was transposed for Great Britain and Northern Ireland by way of the Railways (Interoperability) Regulations 2011 (S.I. 2011/3066). These Regulations replace that regime for Northern Ireland in line with the UK’s obligations pursuant to Article 5(4) and Annex II of the Windsor Framework. Additionally, these Regulations amend the Railways (Convention on International Carriage by Rail) Regulations 2005 (S.I. 2005/2092) (the “COTIF Regulations”), which bring the 1999 Protocol to the Convention concerning International Carriage by Rail 1980 (Cm 4873) (“COTIF”) into effect in domestic law. COTIF is an intergovernmental Convention concerning international carriage of passengers and goods by rail, administered by the Intergovernmental Organisation for International Carriage by Rail (“OTIF”). The UK made a notification to OTIF in 2017 that it would disapply Appendix E to the Convention, and in 2018 a new Appendix H to the Convention was adopted by OTIF. The amendments to the COTIF Regulations bring these changes into effect. Part 1 provides for the application of the Regulations, including provision for part of the rail system to be excluded from the scope of the Regulations. Part 2 restricts the placing in service or placing on the market (in both cases, “putting into use”) of fixed installations or vehicles that are new or have undergone renewal or upgrade. Only those fixed installations or vehicles that have been authorised by the Department for Infrastructure in Northern Ireland (the “DFI”) under regulations 9 and 10 or do not require authorisation (pursuant to regulation 16 or 17) may be put into use. Regulations 6 to 10 outline the process for authorisation of a fixed installation or vehicle and regulation 26 provides that a fee may be charged. Regulation 12 provides that the DFI must issue an authorisation of vehicle type that describes the basic design characteristics of the vehicle for which an authorisation has been issued, and allows for an applicant to apply for an authorisation of type for a vehicle in other cases. Once an authorisation of vehicle type has been issued the applicant may rely on a declaration of conformity to type when making an application for authorisation to place a vehicle on the market. Regulation 15 provides that the DFI may revoke an authorisation to place a vehicle on the market and the process for making a revocation decision. Part 3 concerns interoperability constituents, which are components of a subsystem that must satisfy specific requirements to be placed on the market for use on the rail system. Regulations 27 to 33 make provision for the placing on the market of interoperability constituents and how their conformity with the essential requirements should be assessed, as well as for ongoing duties on operators of interoperability constituents and the consequences of non-compliance. Part 4 concerns the bodies responsible for assessing conformity of subsystems and interoperability constituents to the relevant standards. Conformity assessment bodies in Northern Ireland consist of NI notified bodies, for assessment against European standards, and NI designated bodies, for assessment against notified national rules. Provision for the recovery of fees by NI notified bodies, designated bodies and the Secretary of State are contained in regulations 41 and 42. Part 5 contains provisions for the keeping of registers of infrastructure (regulation 43) and data to be included in a European Vehicle Register (regulation 44). Part 6 contains enforcement and appeal provisions. Part 7 makes transitional and consequential provisions. It also concludes the operation of a National Technical Specification Notice issued by the Secretary of State for Northern Ireland on 12th June 2025, as that notice made interim arrangements intended to regularise the regime in Northern Ireland in the period before these Regulations were brought into force. Regulation 53 narrows the substantive application of the Railways (Interoperability) Regulations 2011 to Great Britain and makes consequential and transitional amendments to those Regulations. Part 8 makes the required amendment to the definition of “the Convention” in the COTIF Regulations to disapply Appendix E and apply Appendix H in domestic law. Schedules 1 and 2 detail the obligations and requirements imposed upon conformity assessment bodies. An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. An Explanatory Memorandum and a de minimis assessment have been prepared and are available alongside this instrument at www.legislation.gov.uk. --- Source: https://www.legislation.gov.uk/ukdsi/2026/9780348284874/note (the official version) Page: https://openlegislation.uk/draft-railways-interoperability-in-northern-ireland-convention-on-international-carriage-by-rail-amendment-regulations-2026/note Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.