An Opinion is a non-binding formal act of the Agency, providing specialized expertise on railway issues to decision-makers, be it the European Commission, National Regulatory Bodies or Member States. The Agency’s Opinions do not represent the view of any other EU institution or body and are without prejudice to the decision-making processes foreseen by the applicable EU legislation.
Opinions are published in a version from which all commercially confidential material has been removed, together with the outcomes of their impact assessments.
According to Art. 6 of Directive (EU) 2016/797, at the request of the Commission, some opinions shall constitute an acceptable means of compliance (AMOC) and may therefore be used for the assessment of projects, pending the adoption of a revised TSI. The Commission shall inform the RISC committee, referred to in Art. 51 of Directive (EU) 2016/797, of its conclusions over the opinion. Outcomes of the discussion can be found in the minutes of meetings of the RISC committee (please check CIRCA). A similar rule applied in the past under Art. 7 of Directive 2008/57/EC.
The list of Opinions published by the Agency can be found below.
ERA/OPI/2021-02 Opinion of the European Union Agency for Railways to the European Commission regarding a potential deficiency/discrepancy in the clause 188.8.131.52 Metal and inductive components-free space between wheels of ERA/ERTMS/033281 rev 4.0
ERA/OPI/2021-01 Opinion of the European Union Agency for Railways to the European Commission regarding a potential deficiency in the clause 184.108.40.206.2(3) of Loc&PAS TSI Magnetic Track (Acceptable means of compliance)
ERA/OPI/2015-10 - Opinion of the European Union Agency for Railways to the European Commission regarding the request to revise ERA Opinion 2015/4 of 15 April 2015, concerning the platform heights in the case of the HS2 Project in the UK
ERA/OPI/2016-2 – Opinion of the European Union Agency for Railways to the European Commission regarding a possible deficiency of the technical document “Interfaces between CCS trackside and other subsystems”
A Technical Advice is a non-binding formal act of the Agency, covering any issue linked to the implementation of the Union legislation on railway interoperability and safety. It has non-binding, consultative value, but can only be issued to the European Commission, upon its request.
Technical Advices to the European Commission are made available, upon request, following a case-by-case assessment based on Regulation (EC) 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.
The list of Technical Advices published by the Agency can be found below.
ERA/ADV/2018-1 – Advice of the European Union Agency for Railways to the European Commission regarding the consultation of the UTK on the pertinence of requesting a derogation for certain parts of the CCS Trackside Subsystem