ETCS Exception in Poland: What Changes for Railway Operators on International Routes

Key data

Railway operators circulating through Poland or managing international routes to that country face a new technical reality: Polish locomotives can legally operate without the ETCS system. This exception, approved by the European Commission through Implementing Decision (EU) 2026/2059 published on 18 September 2026, has direct consequences on the technical and operational planning of any company with presence in the Polish railway corridor.

The decision is based on the Railway Interoperability Directive (EU) 2016/797, which allows Member States to request national exceptions under specific conditions. Poland has obtained this exception regarding the requirement for ETCS installation on board established in the Implementing Regulation (EU) 2023/1695.

What does this regulation establish?

ETCS (European Train Control System) is the European standard system for railway traffic control and protection. Its installation on board locomotives is mandatory according to Implementing Regulation (EU) 2023/1695, with the aim of ensuring railway interoperability across the entire European network.

Poland formally requested an exception to this requirement, and the European Commission has approved it through this Implementing Decision. This means that Polish locomotives can continue operating without the ETCS system installed on board, at least during the period covered by the exception.

Economic and operational impact

This exception has two sides from an operational and economic perspective:

For Poland: Polish railway companies and infrastructure managers avoid the cost of installing ETCS on board their locomotive fleet, an investment that can be significant depending on the size of the mobile fleet. In the short term, it represents savings in technical modernization.

For international operators: Companies operating cross-border routes to or from Poland must assume that Polish locomotives with which they may share infrastructure or perform traction operations will not have the ETCS standard. This can generate:

• Need to review technical interoperability plans on international routes that include Poland.
• Possible operational restrictions on sections where ETCS is a requirement for infrastructure access.
• Impact on European corridor modernization projects that cross Polish territory.
• Greater complexity in managing mixed fleets (locomotives with and without ETCS) in cross-border operations.

Who does it affect?

• Railway operators with international routes to Poland: must review their technical and operational planning in light of possible system incompatibilities.
• Rolling stock manufacturers: the exception may affect supply and modernization contracts for locomotives for the Polish market.
• Railway infrastructure managers in Poland: must adapt their operational procedures to the coexistence of rolling stock with and without ETCS.
• Companies with railway modernization projects in the European corridor: the exception may alter the timelines and technical requirements of projects that include the Polish section.
• CFOs and executives of railway transport groups: must consider this exception in the evaluation of technical risks and in the planning of investments in rolling stock.

Practical example

A Spanish railway company operating a freight corridor between Spain and Poland through its own traction is planning the renewal of its locomotive fleet for the next three years. In its technical roadmap, it had planned that all locomotives circulating through European territory should incorporate the ETCS system on board, in compliance with Regulation (EU) 2023/1695.

With the approval of this exception, the company must reconsider its planning: if it is going to use local traction locomotives (Polish) on the Polish section, these may not have ETCS. This requires reviewing the technical handover protocols at the border, verifying whether Polish infrastructure requires ETCS for access or not, and updating interoperability contracts with the Polish infrastructure manager. Failure to do so could result in operational delays or technical incompatibilities not foreseen in the project budget.

What should companies do now?

1. Review technical interoperability plans for routes that include Poland to identify whether the absence of ETCS on Polish locomotives generates operational incompatibilities.
2. Update contracts with Polish infrastructure managers to reflect the actual technical situation of rolling stock and network access requirements.
3. Evaluate the impact on European corridor modernization projects that cross Poland, especially if they were conditioned on universal ETCS installation.
4. Consult with rolling stock manufacturers if locomotive supply contracts for the Polish market are affected by the approved exception.
5. Incorporate this exception into the technical risk analysis of strategic fleet planning for the coming years.
6. Follow regulatory developments to learn the specific duration of the exception and whether Poland submits new requests for extension or expansion.

Official source

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202602059