Due to the strategic importance of these directives, as development and security foundation of each state, the railway and energy sectors have been controlled and supervised by national authorities and have been protected by external influences. To break the monopoly, EU has introduced the concept of separating national organisations into independent companies by adopting European directives.
Although the railway and energy markets have developed separately, the objective of creating a common, open and competitive market is similar for both situations.
There is a very important link between these two sectors keeping in mind the fact that, currently, a major part of the railway traffic is ensured through electric traction, the main railway lines in Europe being electrified (98% in the EU27, Norway and Switzerland networks) with four types of systems. Also, 10% of the total costs spent by railway operators are electric traction costs and the share of electric traction costs compared to the railway company costs will increase as a result of the general growth tendency of power price in the past years, shows the “Report of study on traction current settlement system”, published by ERA in March. Another element which creates a bond between the two sectors is the fact that an electrified railway network has a major impact on the development of the public electric network which determines, in turn, the economic growth.
The report presents the overlap of the railway and energy directives. The Directive on setting up the Single European Railway Area repeals, among others, Directives 91/440 (on the development of community railways) and 2001/14 (on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification). The most important changes have been made in energy supply: the Commission proposed, in the context of the recast of the first railway package, to include the use of electrical supply equipment for traction current in the so-called “minimum access package”, the minimum set of services to which all railway undertakings are entitled in a non-discriminatory manner upon payment of a charge set at the cost directly incurred as a result of operating the train service.
To address current supply issue in interaction with energy directive 2009/72 (concerning common rules for the internal market in electricity), in its report ERA considered Directive 2001/14 and Interoperability Directive 2008/57. The Energy Directive and the Railway Directive concern different markets. In case of implementation of the principle of free access to infrastructure they are compliant with idea of opening each market for competition. But the scopes are different.
The scope of Directive 2009/72 is to establish “common rules for the generation, transmission, distribution and supply of electricity, together with consumer protection provisions, with a view to improving and integrating competitive electricity markets in the Community”. “If we concentrate on current supply, both directives do not contain the same principles. One states that the free choice of electricity supplier is mandatory; the other does not give such an obligation however free supplier choice is not ruled out entirely”, the report shows.
The Electricity Directive 2009/72 and the Railway Directive 2001/14 foresee both a detailed way to implement the principle of opening the market, for example: an independent regulator, tariffs, contracts, etc. The rules are implemented in the whole railway sector with the provisions of the Interoperability Directive and application of relevant TSIs. In the case of energy supply, to avoid variety of solutions, appropriate requirements referring on – board meters were set out in the TSI. But the interoperability issues as they are understood in railway field are not addressed in the energy market. Energy market directive concentrates only on creating a general legal framework (which later on is filled by national implementation) and “rules with more freedom. In this sense European railway legislation is much stricter, limiting MS’ activity. With this different approach we would face more problems in the future in development of international and domestic railway traffic”, ERA writes.
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