During the reunion of the Council of Transport Ministers of the European Union, in March, the Council agreed on a general approach about the proposal for defining the new attributions of the European Railway Agency (ERA) that would reflect its future role in the certification of railway safety and authorisation of railway vehicles. The draft regulation is the third and final part of the fourth railway package’s technical pillar, whose completion is expected to increase economies of scale for railway undertakings across the EU and reduce administrative costs.
It should also help to avoid any covert discrimination in the issuing of safety certificates and vehicle authorisations.
One of the key priorities of the European transport policy is to develop a single European railway area. For this purpose, four major objectives have to be achieved, namely promoting the development of an efficient railway infrastructure, creating an attractive and really open market, eliminating administrative and technical barriers, developing easy and plain procedures and ensuring fair competition conditions with other transport modes. To regulate these problems, ERA will become the only authority in charge with railway safety certification and authorisation and this regulation should be developed at the same time with the implementation of the Fourth Railway Package.
Over the past decade, the railway market in the EU has known significant changes gradually introduced by three “railway legislative packages” aimed at opening national markets and at enhancing interoperability across the EU and railway competitiveness. The Directive on the interoperability of the rail system within the European Union is part of the Fourth Railway Package and aims to eliminate the final technical and administrative barriers, especially by establishing a joint approach of safety, cost-efficiency and administrative norms and by accelerating administrative procedures and avoid hidden discrimination.
Without damaging its role in elaborating the European legislation on interoperability and rail safety, it is obvious that, at the time being, ERA does not have major surveillance and control competencies as regards national rail authorities, infrastructure managers and market players. Its responsibilities in terms of monitoring are practically limited to monitoring safety and interoperability performances, believes the European Commission.
The Commission’s proposals that refer to enhancing the role of the European Railway Agency seek to eliminate the existing technical and administrative barriers aimed to increase the competitiveness of the railway sector compared to other transport modes and to continue developing the single European railway area.
Operational objectives include by 2025, the removal of all unnecessary national rules, a 20% reduction in the time to market for new railway undertakings above the baseline situation in 2025 and a 20% reduction in the cost and duration of the authorisation of rolling stock above the baseline situation in 2025.
Following the analyses carried out, the European Commission has elaborated a series of options aimed to enhance ERA’s role. Therefore, we can talk about greater coordination role for the Agency in ensuring a consistent approach to certification of railway undertakings and vehicle authorisation or the transformation of ERA into a one-stop-shop, where the final decision on certification and authorisation remains with the NSAs but ERA performs entry and exit checks of applications and of the decisions.
Another option that needs further debate refers to the sharing of competencies between NSAs and ERA, where the final decision on certification and authorisation is taken by the Agency. ERA taking over activities of NSAs in relation to certification of railway undertakings and vehicle authorisation is another option that could become effective if the legislative package will be adopted in the current form.
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