The expected revision of Directive 14/2001 aims at providing further details on the infrastructure access charge (TUI), especially regarding the definition of direct costs and market segments. The European Commission provides suggestions which aim at encouraging a better differentiation of charges according to market segments, which will lead to smaller charges when customers cannot afford higher costs.
The context for the reassessment of the infrastructure access charge is very different from one member state to another, the charge should not be considered without bearing in mind several aspects, especially the state financing of infrastructure and compensations for fulfilling public service obligations (whose absence in some member states has a major impact on the financial situation of railway operators), the Community of European Railway and Infrastructure Companies (CER) expressed its opinion by publishing a position document. The present document elaborated by the association includes the review of CER specialists regarding the European Commission’s intention by revising the Eurovignette directive, as well as the opinion of this institution on how the directive revision should be carried out so that the interests of both infrastructure managers and railway operators would be as impartial as possible. The exact definition and calculation of external costs are not clear. While defining external costs, it is necessary to make a distinction between fixed and flexible costs, because direct costs should only be calculated based on flexible costs.
“The infrastructure is the backbone of economic growth. But for now we can do more with what we have. If we use the different means of transport more intelligently, we will be capable to face the 70% increase in transports by 2025, as currently estimated”, Wolfgang Tiefensee, the German Minister of Transport, declared during a forum.
Consequently, the simplification of the charging procedure should not ignore those measures that would ensure the appropriate implementation and application of Art. 6 of Directive 2001/14 which stipulates the balance of incomes and costs, as discussed in the position documents issued by the association regarding the financial architecture and multiannual contracts.
Although CER supports the Commission’s obvious target of achieving a better differentiation of the infrastructure access charges in order to reduce losses in railway traffic, the association doesn’t believe that the regulations established within the Union are the best means for reaching the Commission’s purpose.
“Within a European single market, it is necessary that all competitors benefit from equal business opportunities. Currently, the railways in Eastern and Central Europe are not capable to compete with new-comers because they lack investments. The Commission should pay more attention to this aspect and force these countries to allocate the appropriate funds for national railways”, declared Johannes Ludewig, Executive Director CER.
A study recently elaborated by CER and the Association of European Rail Managers (EIM) has proven that major differences between the infrastructure access charges in different member states reflect different levels of complexity and intensity in using the types of networks, specific market conditions, as well as completely different levels of financial state support, which is the most important aspect. CER believes that these differences should be acknowledged in any attempt of amending the legislation. The Commission plans to achieve this through the revision procedures and through a Communication that contains interpretations. These interpretations will offer guidance, having no juridical power for the Member States, but showing the Commission in which direction to head. Interpretation elements will be more specific than the revision procedure and will be more easily addressed, as shown in the CER document.
CER representatives believe that it is to be expected that the Commission’s proposals would remain faithful to the provisions included in Directive 14/2001 on the infrastructure access charge, but they should be more specific. The Commission will do what it takes to provide a clearer definition of the two concepts included in the directive for establishing charges, such as the indirect cost following the result of the railway service operation (“direct costs”) and the market division used as fundament for including direct costs into the charge increase process.
The Commission is considering that higher variations between the levels of infrastructure access charge for different market segments in different countries would lead to a weaker variation of charges in different member states for the international traffic on corridors. The Commission also hopes to improve cross-border cooperation by demanding infrastructure managers to prove having discussed charging issues with their neighbours (from the point of view of the route allocation). According to CER’s review, the Commission believes that this fact, together with a more pronounced differentiation of the charges applied in different countries, would lead to the harmonisation of cross-border charges for international traffic.
CER suggests that the aspects concerning charges included in the revision procedure would limit to the affirmation and clarification of the provisions included in Directive 14/2001, as well as the elaboration of a mandatory interpretative guide for the application of these principles.
A report issued in April by the Association of European Rail Managers (EIM) stresses the fact that “funds from member states are essential not only for ensuring railway transport competitiveness but also for allowing the infrastructure manager to ensure quality and safety on the network and prove its long-term reliability”.
by Elena Ilie
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