The interoperability regime provides for the possibility of a derogation (exemption) to be granted to enable the non-application of all or part of one or more Technical Specifications for Interoperability to a specific project.

The Railways (Interoperability) Regulations 2006 provide for derogations to be granted, at the discretion of the Secretary of State, for projects to introduce new, upgraded or renewed subsystems but these are only available in limited circumstances which can be summarised as:

• projects at an advanced stage;
• gauge or energy incompatibility issues;
• network separation or isolation by sea or geography;
• economic viability issues; and
• accident or natural disaster recovery.

In some circumstances, other factors can enable exemptions for upgrade and renewal work, and in all cases, the Secretary of State must notify the European Commission. 

More information about derogations including the issues which should be considered, how to make an application and indicative timescales can be found in the following helpnote:

• Helpnote (PDF – 193 KB)

List of Derrogations:

• A list of derogations applied for by the United Kingdom