Transcript Draft new regulation on public service requirements in the

European issues:
PSO
GREEN PAPER
EURFORUM
Progress report –October 2007
EMTA General meeting
EMTA1
PSO REGULATION
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Reminder :
 The Common Position was adopted by the Council on 11 December 2006 and sent to
the Parliament for a second reading.
 May 2007: Adoption by European Parliament in 2nd reading of the compromised text
including amendments following the TRAN committee recommendations (27 March
07based on Meijer report.
 18 September 2007: Council of Ministers on 2nd reading adopted the Regulation on
public passenger transport services by rail and by road.
 The regulation will come into force 2 years after its publication at the EU Official
Journal this means end 2009 at the latest beginning 2010.
 A transitional period of 10 years is allowed to comply with the new constraints of
competition in awarding process, during which each Member State shall take
necessary measures to ensure these constraints will be honored in the mandatory
delay (end 2019 or early 2020);
• Contracts awarded without competition between July 2000 and the coming into
force of the regulation, can follow their course until expiration provided they
cover a period no longer than the limitation imposed by the new regulation (10y2
bus or 15y rail)
PSO REGULATION
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 The purpose of the regulation
• The purpose of the regulation is, in keeping with the rule of Community Law,
define how local authorities may act in the field of passenger public transport to
guarantee the provision of services of general interest more numerous, safer, of
a higher quality or at a lower cost than market forces alone would have allowed.
• Objectives are to define the conditions under which competent authorities when
imposing or contracting for public service obligations compensate public service
operators for costs incurred and/or grant exclusive rights in return for the
discharge of public service obligations.
 Covers:
• All road and Rail passengers transport service, national or international
• (are excluded freight, infrastructure operated for a tourist or historical reason,
Member states may want to include inland waterways.)
 Contracts :
• Where a competent authority decides to grant the operator of its choice an
exclusive right and/or compensation, of whatever nature, in return for the
discharge of public service obligation, it shall do so within the framework of a
public service contract
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PSO REGULATION
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 Mandatory content of public service contracts include:
• Clearly define public service obligations to comply and geographical area
• Establish in advance and in transparent manner the parameters on the basis of which
compensation payment is to be calculated and the nature and extent of any exclusive
rights granted in way that prevent any over compensation
• Determine the arrangements for allocation of costs related to the provision of services
• Determine the arrangements for allocation of revenues from sales of tickets
• Limit the duration of contracts to 10y for coach & bus and 15y for services by rail or
track-based modes, 15y also for Contracts related to several modes if rail or trackbased modes represent more than ½ the value of the services.
• Extension of duration (max 50%) having regard to the condition of depreciation of assets
if operator provides significant assets related to the service or if justified by costs
deriving from geographical situation (outermost regions) and finally if justified by
amortization of capital of exceptional infrastructure, rolling stock or vehicular investment
provided the contract is awarded in a fair competitive tendering procedure.
• Other requirements that must be included in the contracts:
 Conditions related to staff are detailed (rights entitled if granted by the previous
operator, social standards …)
 Quality standards
 Extent and relevance of subcontracting detailed in transparent manner.
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PSO REGULATION
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 Award of contracts
• Any competent authority deciding to have recourse to a third party other than
internal operator shall award public service contract on the basis of a
competitive tendering procedure.
• Exceptions: Competent authority may decide to provide services itself or to
award contract directly in the following cases:
 Contract with a legally distinct entity over which the competent local
authority or in the case of a group of authorities at least one competent
local authority exercises control similar to that exercised over its own
departments
 Where contract average annual value is estimated less than € 1million or
concern provision of less than 300 000km
 When contract awarded to small or medium sized enterprise (23veh max)
thresholds may be increased to €2 million or when provision is less than 600
000km
 In the event of a disruption of service or the immediate risk of it
 When contracts concern transport by rail with the exception of other trackbased modes; in that case contract shall not exceed a 10y duration (unless
under thresholds of €1million or 300 000km).
 Obligation of competent local authority
• Each competent authority shall make public once a year an aggregated report on
the public service obligations for which it is responsible, the selected operators
and the compensation payments and exclusive rights granted, diistinguishing rail
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transport and bus transport.
PSO REGULATION
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 Next steps
• each member identifies what are the main issues in order to comply with the
regulation
 contracts specifications
 tendering process also with regard to national regulatory framework
• identify common concerns, share experience and join forces possibly through a
dedicated working group
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GREEN PAPER 1/8
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Reminder :
http://www.emta.com/IMG/pdf/Green_Paper__Towards_a_new__EN.pdf
 In 2006 when the mid term review of the Transport White Paper was presented (COM 2006
314) The EC announced its intention of presenting an Urban Transport Green Paper. The
EC carried out an extensive consultation: 2 conferences, 4 workshops and an internet
consultation. EMTA participated in all the meetings and sent a position paper to the
Commission (May 2007)(http://www.emta.com/article.php3?id_article=270)

“Towards a new culture for urban mobility” Document frame:
EC aims to promote a new mindset about urban mobility, taking from the various suggestions
from the wide range of stakeholders from all sorts of car alternatives to green procurement of
public transport vehicles to innovative measures for setting urban green zones to using all
resources from IT. However the huge need for more financing remain a puzzle, solution will
have to be complexcombining efforts at all levels , local, regional, national, EU.
The document is segmented in 5 sections each one culminating in a series of questions (25 in
total). Those questions are the basis for a new consultation process until march 2008.
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The issue of Subsidiarity:
Generally speaking the EC is cautious: Europe has a capacity for reflection proposal making and
mobilisation for the formulation of policies that are decided and implemented locally. EU must
play a facilitating role in helping to bring about [changes], but without imposing top-down
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solution which may not necessarily be appropriate for the diverse local situations.
GREEN PAPER 2/8
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The five sections:
 About free-flowing (less car dependant) towns and cities green paper proposes:
• Ensure a fluid transport system would allow people and goods to arrive on time
• + Promote alternative modes (walking cycling car sharing...) combined with virtual
mobility* and congestion mitigation measures (those issues have been largely
addressed in Eurforum Strategic research Agenda)
• + Freight transport: planning and technical measures are encouraged to reduce
negative impacts of massive goods deliveries
 About combating pollution, Green paper proposes:
• Noise reduction by tightening EU standards (no specific objective)
• + Harmonized minimum performance standards for the operation of vehicle could be
gradually tightened as well (no precise objective)
• + Emphasis on green procurement based on the internalisation of external costs by
using life-time costs for energy consumption, CO2 emissions, and pollutant emissions
linked to the operation of the vehicles to be procured as award criteria; also joint
procurement are foreseen
• - No fuel taxation
• Guidelines for traffic management (green zones, speed limit, restricted access… etc)
• European registry of vehicles & cross border enforcement envisaged
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*tele-working, tele-shopping
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GREEN PAPER 3/8
 About “smarter” urban transport, Green paper proposes :
• + The recourse to IT widely spread from traffic flow management to smart
infrastructure charging, to better mobility information
• Possibly a EU frame for interoperability and exchange of information
• (Q = further action needed to ensure standardisation of interfaces and interoperability
of IT application?)
 About Accessible urban transport:
• EC refers to the detailed mandatory items to be included in contracts (PSO regulation,
that should help achieving social and inclusion goals
• The recourse to Bus rapid transit (cheaper than trams) and flexible operating systems
as regard demand responsive transport are encouraged
• - Consideration is given to the need to reconcile urban sprawl and catchment zone of
public transport systems among remedies are the SUTP sustainable urban tp plan
already identified by EC which proposes to prepare guidance;
• (+ Q= need to introduce European Charter on rights and obligations for passengers
using collective transport)
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GREEN PAPER 4/8
 About safe and secure urban transport:
• Campaigns to raise awareness of all parties
• Intensive use of IT
• recommandations to improve safety and security in urban planning
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In all questions answers must underline EC role (what is EC added value)
 Sharing and improving knowledge, and data collection are a common request from
stakeholders, EC agrees (Civitas keeps on going ) possibly could link to regional policy
programs (URBACT) and asks whether an observatory of urban mobility would be useful
(EMTA, and EURFORUM ?)

Finally about financing: “all actors should contribute…”
• Users, any possible road charging, PPPs, possibly emission trading schemes etc…
(enlargement of Eurovignette directive could happen)
• EC funding policy is threefold: through policy on State aid (asset investments in
means of transport other than road freight and air transport could be elligible (ned
new exemption regulation), through structural funds and cohesion funds (ERDF raised
from €2bn to €8bn specifically for urban transport) and through EIB loans €2,5bn/year
for urban transport (series of targeted Q)
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Green Paper questions 5/8
For each of these questions, What could be the potential role of the EU?
1. Should a "labelling'" scheme be envisaged to recognise the efforts of pioneering
cities to combat congestion and improve living conditions?
2. What measures could be taken to promote walking and cycling as real alternatives
to car?
3. What could be done to promote a modal shift towards sustainable transport modes
in cities?
4. How could the use of clean and energy efficient technologies in urban transport be
further increased?
5. How could joint green procurement be promoted?
6. Should criteria or guidance be set out for the definition of Green Zones and their
restriction measures? What is the best way to ensure their compatibility with free
circulation? Is there an issue of cross border enforcement of local rules governing
Green Zones?
7. How could eco-driving be further promoted?
8. Should better information services for travellers be developed and promoted?
9. Are further actions needed to ensure standardisation of interfaces and
interoperability of ITS applications in towns and cities? Which applications should
take priority when action is taken?
10. Regarding ITS, how could the exchange of information and best practices between
all involved parties be improved?
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Green Paper Questions 6/8
11. How can the quality of collective transport in European towns and cities be
increased?
12. Should the development of dedicated lanes for collective transport be encouraged?
13. Is there a need to introduce a European Charter on rights and obligations for
passengers using collective transport?
14. What measures could be undertaken to better integrate passenger and freight
transport in research and in urban mobility planning?
15. How can better coordination between urban and interurban transport and land use
planning be achieved? What type of organisational structure could be appropriate?
16. What further actions should be undertaken to help cities and towns meet their road
safety and personal security challenges in urban transport?
17. How can operators and citizens be better informed on the potential of advanced
infrastructure management and vehicle technologies for safety?
18. Should automatic radar devices adapted to the urban environment be developed and
should their use be promoted?
19. Is video surveillance a good tool for safety and security in urban transport?
20. Should all stakeholders work together in developing a new mobility culture in
Europe? Based on the model of the European Road Safety Observatory, could a
European Observatory on Urban Mobility be a useful initiative to support this
cooperation?
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Green Paper Questions 7/8
21. How could existing financial instruments such as structural and cohesion funds be
better used in a coherent way to support integrated and sustainable urban transport?
22. How could economic instruments, in particular market-based instruments, support
clean and energy efficient urban transport?
23. How could targeted research activities help more in integrating urban constraints
and urban traffic development?
24. Should towns and cities be encouraged to use urban charging? Is there a need for a
general framework and/or guidance for urban charging? Should the revenues be
earmarked to improve collective urban transport? Should external costs be
internalised?
25. What added value could, in the longer term, targeted European support for
financing clean and energy efficient urban transport, bring?
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Green Paper 8/8
 Next steps
• define strategy for answering questionnaire:
 focus on previous outcomes from working groups and workshop (build on
body of work)
 Use barometer outcomes to push forward EMTA positions/messages
 specific task force / working group ?
 Combine forces with external groups (Polis, UITP, ECMT and also
representation of European regions in Brussels (“Brussels offices”) ?
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EURFORUM
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
EURFORUM is a European Initiative for Urban mobility, within
EC FP6 it started in April 2006
 The objectives were:
• to identify research needs in the specific area of urban mobility with a
long term vision and a holistic approach
• to draw a strategic research agenda SRA,
• to design a permanent advisory body at EU level
 Led by UITP, EURFORUM gets funding from the EU Commission (FP 6
programme) and brings together ASSTRA, POLIS, ECTRI, CERTU, TU
Dresden and EMTA (for "consensus building”).
• EMTA involvement was in consensus building and dissemination (1 man/month and around
9000 € revenues from EC)
 2 stakeholder conferences have already been held in Brussels (Feb 2007
and June 2007) to endorse the progress of the work and particularly: the
state of the art of research in urban transport, and a draft of the strategic
research agenda SRA. Members of EMTA were attending each time
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EURFORUM
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The final conference November 19, in Brussels* aims at endorsing
 the final SRA
 The frame of the permanent structure
The SRA
 Why a specific SRA for urban transport ?
• 80% of population concerned
• Need for a focus on urban mobility and not only on transport modes
• Urban mobility is linked to other sectors not technologically oriented
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Why
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have the support oh EU ?
Help collecting data
Foster development of urban plans for sustainable transport
Disseminate better good practice
Bring new & innovative research topics Europe wide
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Who
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are the actors in the field
Users and users related organizations
Administrations, political institutions and other not for profit organisations
Businesses including operators
*Committee of Regions 10:30 to 5:00 pm-attendance fee – travel cost not reimbursed.
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EURFORUM
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The structure of the research agenda
 Based on the components of the urban mobility system, the SRA is
structured along
• the transport demand focussing on users needs and urban structure
• The transport supply focussing on integrated mobility services (ICT)
and integrated transport systems (the hardware=rail/road infra and
the operation of public /private road /rail vehicles)
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EURFORUM
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The frame of the permanent structure
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A EURFORUM plenary with a fair representation of decision –making
stakeholders and a balance representation of other actors to ptoperly
address all urban mobility matters
A support group made of representatives from the Plenary
A coordination action CA to
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Run the secretariat
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Administer the permanent advisory structure
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Support the activities of the working groups
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Set up and run the communication strategy
The CA would get along with secretariat and working groups funding
from EC but Plenary an Support group would act on a volunteer basis
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