Transcript Presentazione di PowerPoint

The regulatory framework of the
Italian railways: an outline of the
main aspects
Angela Stefania Bergantino
(University of Bari)
First Conference on
Railroad Industry Structure, Competition and Investment
“Round Table”
IDEI, Tolouse (France)
7-8th November 2003
Main characteristics

Structure: Unbundling (separation within same group):
– FS holding: Trenitalia (services) & RFI (infrastructure) &
other companies

Services:
– Access: open access with licence (35 licences  80% freight)


Freight: completely liberalised (but only  2-3% third operators)
Passengers:
– Regional-local service obligation: direct assignment; competitive
tendering (continuously postponed  2005);
– Medium-long distance: formally open access (with licence);
– Medium-long distance public service obligations (night-car): direct
assignment; competitive tendering ( 1/1/2006).
– Licencing body: Ministry of transport (MT)
– Rolling stock: owned by Trenitalia (Antitrust: no essential facility
in local service tendering – Boll.26/03)
– Service tariffs: regulated by CIPE with the support of
NARS;
Main characteristics

Infrastructure:
– Infrastructure manager: exclusive rights to RFI
–
–
–
–
–
–
(until 2060)
Path allocation: RFI
Determination of access charge structure and
procedure: CIPE with the support of NARS
(inspiration to marginal cost pricing)
Informational Network Prospect: RFI (since 2001)
Calculation & collection of charge: RFI
Freight terminals: owned by RFI  rented
directly to Trenitalia  Antitrust (Boll.32/03)
“Regulatory organisation” (art. 30 D. 14/01):
Ministry of Transport (DL.188/03)
Railway regulation in Italy
Other
Ministries
Regulator
Ministry of
Finance
Ministry of
Transport
CIPE
NARS

Services:
Evaluations, guidelines
& proposals
– Criteria for the determination

Infrastructure:
– Criteria for the determination
of tariffs;
– Approval of service contract
(service obligation and
remuneration)
– Investment plan of Trenitalia
–
–
NO
TRANSPORT
AUTHORITY
–
–
of access charges;
Criteria for the allocation of
slot;
Approval of Railway Network
Plan (every two years)
Approval of concession
contract (done)
Investment plan of RFI
Railway regulation in Italy
Other
Ministries
Ministry of
Finance
Owner
100%
Business
Plan
Stakeholder
Regulator
CIPE
Access
charges
Access
rules
Invest.
plan
Investment
Plan
Service
Contract
Ministry of
Transport
Technical &
safety regulation
Evaluations
& proposals
2004 - “Regulatory
Organisation”
NARS
FS – holding
RFI
Concession
(60 years)
Trenitalia
licence
Price cap
Service
obligations
Other companies
“Consumer”
protection
Access
charges
Access
rules
quality
The latest changes
1) railway services: proposal for new
regulatory guidelines by NARS
– A new price-cap
2) railway infrastructure:
– Implementation of the EU directives
Services: the new price-cap
(september 2003)
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(adj. RPI)
Quality
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Adjustment
factor
1) Global price cap: it includes all services, discounts, special fees (leaves
greater commercial freedom, safeguards consumers,provides for the
inclusion of High Speed services, might facilitate discriminatory pricing);
2) It allows to obtain a “fair remuneration of capital” (wacc) & provides a
system of incentives for capital remuneration;
3) Provides for a system of premium/penalty for quality changes
Infrastructures: the new regulation of
railway network - Decree 188/2003
implementation of EU directives (12-13-14/2001)
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Extension of the applicability of the provisions to the regional network
where it is connected to the national (free access, separation);
Introduction of the “authorised applicant” (extension to subjects who are
not railway undertakings)*;
All licence holders can supply all-national passenger and/or freight
services;
New guidelines on track access charges and their determination (Ministry
of Finance & Ministry of Transport with approval of CIPE ( NARS);
Regulatory Organisation: Ministry of Transport
Allocation of infrastructure capacity remains with RFI (Infrastructure
manager - art.4 D. 14/01);
Art. 20 – it allows one year from the implementation of the law (october
2004) to RFI to assign to an independent third party the services included
in the annex II.2 of D.14/01.
– Trenitalia as the exclusive right to manage the majority of the freight terminals
(61) on the territory: Antitrust case (boll. n.32/03)