The European Commission has issued a reasoned opinion to the Netherlands, urging compliance with EU regulations on the competitive award of public transport contracts. This follows concerns over the Netherlands’ failure to properly apply Regulation (EC) No 1370/2007 on public passenger transport by road and rail.
On 14 July 2023, the Commission sent a formal notice after the Netherlands awarded the concession contract for rail services from 2025 to 2033 directly to the incumbent operator, Nederlandse Spoorwegen (NS). Under Regulation 1370/2007, this should have been done through a competitive process.
Despite the Commission’s concerns, the contract was granted on 21 December 2023. On 13 March 2024, an additional letter of formal notice was sent regarding the scope of the public service obligations in the contract. The Commission noted that the Netherlands did not adequately assess which services could be offered by market operators on a commercial basis, without public funding.
“Regulated competition in the rail sector is crucial for offering passengers more innovative, cost-effective services, while fulfilling public service obligations”, the EC notes.
As the Netherlands has not provided satisfactory responses, the Commission has now issued a reasoned opinion, giving the country two months to address the issue. Failure to do so could lead to the case being referred to the Court of Justice of the European Union.
Arriva and Qbuzz, companies that already operate regional services in the Netherlands, have protested in Brussels over the preferential treatment given to NS.
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