Reunited at mid-June, the European transport ministers reached an agreement in regard to the proposal for the recast of the First Railway Package to be able to thus promote an enhanced competition on the railway transport market. The new norms regulate the implementation of competition on the railway market by ensuring the access to the railway infrastructure and related railway services, consolidating the authority of the national regulating bodies and improving the legal framework for investments in the railway infrastructure.
Commissioner for Transport Siim Kallas said he agreed with the decision made and said that “these new rules aim to shut loopholes in the current laws that allow discrimination against newcomers and block operators from providing new and innovative services. The proposals are a direct response to problems where we have a lot of complaints from companies over the last ten years”.
The proposed directive aims, among others, to increase competition on the rail market through more transparent market access conditions and providing easier access (and in certain cases guaranteed access) to the railway infrastructure. New rules on infrastructure financing are intended to develop a ‘harmonised financial architecture’ to encourage investment, including a requirement for member states to develop national long-term strategies and negotiate multi-annual arrangements with their infrastructure managers, linking funding to performance and business plans. “More precise and smarter infrastructure charging rules should make provision for variable charges related to noise, in order to stimulate private investment in greener and interoperable technologies”, points out the decision made.
The proposal strengthens the power of national rail regulators so they can enforce the law, including proposals for measures such as extending the competence of national regulators to rail-related services. Previously, problems relating to access to rail-related services were not always in the powers of the national regulators.
Nevertheless, the decision made about these norms has found answer among railway transport players. Thus, despite the many critics, such as that of the Community of European Railway and Infrastructure Companies (CER) who stressed the importance of a recast and of observing the proposals included in the White Paper, the organisation was disappointed with “the general approach” of the Council of Transport Ministers on the recast of the First Railway Package.
The European Commission proposal aimed to clarify the first railway package and to further enhance competition within the rail sector. This was to be achieved through clearer rules on the financial architecture and on market access provisions for rail related services as well as by reinforcing the independence and scope of competence of regulatory bodies, CER representatives believe.
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