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European Commission
The new European regulatory
framework for railways
Catherine PRUDHOMME
“Railway Transport and Interoperability” Unit
Directorate-General for Energy and Transport
07/11/2003
1
Summary
1 - European railways in figures
2 - EU legislation in force
3 - EU legislation under examination
4 - Further proposals under preparation
5 - State of play of the reform
6 - Conclusions
Directorate-General for Energy and Transport
07/11/2003
2
Rail Passenger Traffic
(billion p.km)
EU(15)
?
Source: Prognos + European Transport Report 2002
Directorate-General for Energy and Transport
07/11/2003
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Rail Passenger Traffic
Market Shares of Passenger Transport (in %)
CEEC
EU (15)
Source: Prognos, European Transport Report 2002
Directorate-General for Energy and Transport
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4
Rail Passenger Traffic: trends
High speed train
Plane
Conv. rail
Directorate-General for Energy and Transport
Car
07/11/2003
5
Rail Freight Traffic
(billion tkm)
?
EU 15
Source: Prognos + European Transport Report 2002
Directorate-General for Energy and Transport
07/11/2003
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Market Shares of Freight Transport (in %)
CEEC
EU (15)
Source: Prognos, European Transport Report 2002
Directorate-General for Energy and Transport
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Rail Safety
Nbr of
Fatalities
EU 15
Railway
passengers
Sources: UIC; National Statistics
Directorate-General for Energy and Transport
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Rail Safety
Fatalities Railway crossings (EU 15)
1400
1200
1000
800
600
400
200
0
1980
1990
Directorate-General for Energy and Transport
1998
Sources: UIC; National Statistics
07/11/2003
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Staff employed in the railway sector
(EU 15)
1 700 000
1 300 000
700 000
1980
1990
2000
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Financing
MEUR
State aids awarded to the Railway Sector
40000
35000
30000
25000
20000
15000
10000
5000
0
1996
1997
1998
1999
Infrastructure Aids
Directorate-General for Energy and Transport
2000
2001
Total State Aids
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Financing
State aids awarded to the Railway Sector
MEUR
10000
9000
8000
7000
6000
5000
4000
3000
2000
1000
0
B
DK
D
EL
ES
F
IRL
Infrastructure Aids
Directorate-General for Energy and Transport
I
L
NL
A
P
SF
S
UK
Total State Aids
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Aims of the European Transport
Policy
 Optimise the use of existing infrastructure
 Rebalancing the use of modes in favour of
environmental friendly modes : rail, inland
waterways, shortsea shipping
 Fair and efficient pricing for infrastructures use
 Users first
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07/11/2003
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A major objective of the European
Railway Policy
To adapt railways
to the
European dimension
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A major objective of the European
Railway Policy
« Creation of an integrated European railway area
to allow cross border services under a single
responsibility in order to guarantee the quality of
services to the customer »
Directorate-General for Energy and Transport
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Eurobarometer - Spring 2003 - EU 15
“If safety standards are met, competition is the best
way to make the railways more efficient.”
Tend to agree
71.5 %
Tend to disagree
12.1 %
No opinion
16.4 %
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Main actions undertaken at
European level
A. Decided
1. To ensure fair and non discriminatory access to the infrastructure
 Separation of essential functions i.e. allocation of capacity and
charging
 Open access to infra and services for international freight services
 from 15 March 2003 on Transeuropean Rail Freight Network
(TERFN)
 from 15 March 2008 on the whole network
 Charging principle of social marginal costs (with possible mark-ups)
 National regulatory body to survey functioning of the market and
arbitrate conflicts between infra-manager and railway undertaking
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Main actions undertaken at
European level

A new geography for the Railway Industry
RB
Regulatory
Body
Infrastructure
IM
Manager
Directorate-General for Energy and Transport
RU
Railway
Undertaking
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Main actions undertaken at
European level

Current regulatory framework for rail (Directive 2001/12, 2001/13
2001/14)
Regulatory bodies
Charging
Priority rules
Applicants
NETWORK
STATEMENT
(in case of congestion)
Infrastructure
managers
Allocation process
Directorate-General for Energy and Transport
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Main actions undertaken at
European level
A. Decided
2. To ensure interoperability of the network
 High Speed (Dir. 96/48)
 Trans-European Network for High Speed rail
 Adoption of technical specifications for interoperability (TSI) for
the whole system (plus European standards)
In force since 30 Nov. 2002
 ERTMS deployment and migration strategy to be prepared by
each Member State
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Main actions undertaken at
European level
 Conventional Rail (Dir. 2001/16)
 Applicable to TEN as identified (i.e. also TERFN)
 Mandate to AEIF in June 2001 for TSI in 2004 on key
items for freight traffic
 New mandates to AEIF in Sept. 2002
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Interoperability related activities
Programming mandates and TSI development
Adoption of Directive 96/48
Adoption of mandates
Development of High Speed TSIs
Implementation of High-Speed TSIs
Revision of HS TSIs
1996
1997
1997
2002
2002
2002
Adoption of Directive 2001/16
2001
First mandate (CCS, OPE, NOI, WAG, TEL-FRE)
Development of first CR TSI group
Implementation of first CR TSI group
Second mandate (TUN, ACC, AIR)
Development of second CR TSI group
Implementation of second CR TSI group
Third Mandate (other TSIs)
Development of third CR TSI group
Implementation of third CR TSI group
2001
2001
2004
2004
2004
2002
2002
Adoption of Modification Directive
Adoption of workprogramme preparing the extension of the scope
Mandate for the first new/amended TSI group
Development of the first TSI group
Legal extension of the scope
Implementation of first TSI group
Following mandates (new areas, revision …)
Directorate-General for Energy and Transport
2005
2005
200?
200?
2006(?)
2003 (?)
2005
2005
2005
2008
2008
2008
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Main actions undertaken at
European level
The three-level system
Essential requirements
(Annex III)
DIRECTIVE
Technical
Specifications for
Interoperability
TSI
Interoperability
Constituents
Subsystems
(Annex II)
EUROPEAN
STANDARDS
Directorate-General for Energy and Transport
07/11/2003
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Main actions undertaken at
European level
B. Broad agreement on the second package
To be finally decided before end 2003 by Council
and Parliament
1. Open access for international freight services on the whole
network from 2006 and national services from 2008
(Council/EP conciliation on this)
2. Extension of interoperability requirement to the whole
network (under conditions): accepted
3. Accession of the Community to OTIF: accepted
Directorate-General for Energy and Transport
07/11/2003
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Main actions undertaken at
European level
4. Directive on railway safety
 Creation of national safety authority
 Delivery of safety certificate
 Common indicators, methods and targets
 Creation of independent investigation bodies for accidents
5. Creation of an European Railway Agency (ERA) from 2004
 To prepare Technical Specifications for Interoperability with
representatives of the sector
 To prepare Common Safety Methods and Targets
 To advise Commission and Member States
 100 people (+ 15 Mio € a year)
Directorate-General for Energy and Transport
07/11/2003
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Main actions undertaken at
European level
C. To be proposed in 2003
Subject to decisions of the Commission
1. Access to the infrastructure for international passenger
services (requested by EP for 2006). Issues to consider:
 High speed rail services
 Occasional services
 Cross border regional services
 Scheduled international services
 Problem of cabotage
 Link with Public service obligations
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Main actions undertaken at
European level
2. Further discussion on the draft regulation on public services
obligations after Altmark judgement(?)
 Regional and national services
 Obligation to tender if exclusive rights or compensation for P.S.
3. Rights and obligations of international rail passengers
4. Freight quality (compensation schemes considered)
5. Drivers licence directive
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Length of train drivers training in
weeks
80
total training
70
practical training
60
formal training
50
weeks 40
30
20
10
0
ed
Sw
en
n
ai
g
ur
y
bo
m
xe
ce
d
an
m
ly
Sp
Lu
Ita
er
G
an
Fr
an
k
ar
um
m
en
i
lg
ria
st
nl
Fi
D
Be
Au
Directorate-General for Energy and Transport
07/11/2003
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State of Play
1. At European level
 Enlargement to take place on 1/05/2004 - Accession Treaties
concluded in April 2003. Successful referenda
 Second package: EP 1st reading on 14 January 2003; common
position of Council 26 June; EP second reading on 22 October 03
 New Commission proposals under preparation
 Competition rules (abuse of dominant position, restrictive
agreements, state aids)
 Revision of TEN guidelines and priority projects and revision of
TEN financial regulation (proposal 1st October 2003)
 Preparation of EU financial perspectives 2007-2013
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07/11/2003
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State of Play
2. At national level
 Implementation of infrastructure package of 2001 by
15 March 2003
 Open access already in D-I-UK-NL-Nordic countries but some
more legal work needed in D-UK-S.
 Open access still to be concretised in B - F – L -SP particularly
 Infringement procedures against 9 countries before the
European Court of Justice
 Real challenges : setting the various bodies such as regulatory
body, independence of allocation body and definition of
TERFN.
 Interoperability
 ERTMS deployment plan and migration strategy
Directorate-General for Energy and Transport
07/11/2003
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State of Play
3. The players
 Infrastructure managers : to prepare network statement and clear
conditions for access (cfr. Rail Net Europe)
 Railway undertakings :
 Historic operators seeking alliances between them or with new
entrants to facilitate cross border freight operations
(eg. Mannheim-Woippy, Brenner Rail Cargo)
 New entrants ( DLC, Rail4Chem, RTC, etc) challenging historic
operators on some corridors (North-South, Brenner, etc.)
 Improvement of services to be expected soon and better
competitiveness against road
Directorate-General for Energy and Transport
07/11/2003
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State of Play
 Customers
 Organize themselves to express their needs
 European Rail Freight Customers Platform
 European Passengers Federation
 Supplying industry
 Main driver of standardisation activity
 Offers more interoperable equipments (eg. Multi current loc,
ERTMS, etc) at reduced costs
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Conclusions
 European Regulatory framework under way :
there is a clear vision of all the aspects
 A lot of work still to be done




Urgent need of the agency on interoperability and safety
Addressing all types of bottlenecks (short and long term actions
needed)
Promoting a dedicated rail freight network
European ERTMS deployment plan for mid 2004
 Investments on infrastructure and rolling stock, particularly
in accession countries
Directorate-General for Energy and Transport
07/11/2003
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For further information:
Site:
http://europa.eu.int/comm/dgs/energy_transport/index_en.html
Directorate-General for Energy and Transport
07/11/2003
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