The Single European Railway Directive 2012 (2012/34/EU) is an EU Directive that regulates railway networks in European Union law. This recast the "First Railway Directive" or "Package" from 1991, [1] and allows open access operations on railway lines by companies other than those that own the rail infrastructure. The legislation was extended by further directives to include cross border transit of freight.
In September 2010, the process of merging the directives into a single piece of legislation was begun, with the addition of modifications to strengthen the regulatory framework. [2] The Second Railway Package, the Third Railway Package, and the Fourth Railway Package aim to push integration further.
In many countries in Europe, the railway systems developed as separate privately owned companies operating regional networks [note 1] with permission to construct and operate a line being granted or instructed by government legislation, or by royal decree or license. During the 20th century the railways became organised and run through a countrywide organisation [note 2] often through nationalisation. These entities, in general, had total or virtual monopolies. [note 3]
These national companies were vertically integrated organisations and it was difficult or impossible for private or regional enterprises to run their own trains on the national networks, or to compete in other EU countries' railway systems. Thus in 1991 EU Directive 91/440 was created to make it a legal requirement for independent companies to be able to apply for non-discriminatory track access (running powers) on a European Union country's track. [3]
The aims of the directive are to create a more efficient rail network by creating greater competition. To achieve this aim member states are required to ensure that organisations operating the infrastructure (track, signalling etc.), and those operating services (trains) are separate and run on a commercial basis. [note 4] Additionally railway companies from all member states are allowed to run services on any other member states rail infrastructure, both for passenger transport and goods. The free competition provided by the mandate is optional for regional and urban passenger trains. [4]
Further related legislation exists which applies to railway operations that are covered by directive 91/440:
The directive was further clarified and extended by EU directive 2001/12 which initially allowed cross border freight operations on a network of tracks – to be called the Trans European Rail Freight Network [note 5] a network which includes ports and freight terminals. [note 6] The network on which traffic was allowed was to be extended to the whole European network. As a consequence of this new trans-national freight network an additional change was made to the original legislation which required train safety and operating standards [note 7] to be set out clearly and administered by an organisation that did not run commercial services. The directive also required separate accounting of freight and passenger service revenues and costs. [5]
EU directive 2001/14 set out the framework for the construction of bodies that control and regulate the allocation of line possessions to companies, and the charges for using the track, [6] this directive replaced the previous legislation EU directive 95/19. [7]
EU Directive 95/18 [8] set out a framework and guidelines for the way in which countries of the EU provide licenses to operate to railway companies; a license provided in one member state is generally valid in all other member states. [note 8] The directive was further clarified by EU Directive 2001/13 in 2001. [9]
EU Directive 2004/51 (part of the Second Railway Package) amended directive 91/440 to include reference to the Trans European Rail Freight Network, and future access by 2007 by licensed rail freight operators of all the European rail network as originally described in directive 2001/12. [10]
The following summarises the Directive's contents:
This section needs expansion. You can help by adding to it. (February 2018) |
Though the original directive was seen by some as a law bringing about privatisation of the railways, [11] there are no requirements in the legislation requiring any level of privatisation. The main aim of the process was the "de-monopolisation" of European railways, with the aim of increasing competitiveness, [12] a process referred to as 'liberalisation'.
There has also been a large increase in the number of private freight providers, many relatively small such as Rail4chem and ERS Railways, but the national companies still control the majority of the traffic. Deutsche Bahn has expanded considerably in the rail freight market, with the purchase of the freight section of the Dutch railway company NS (now DB Schenker Rail Nederland), EWS (UK), and DSB goods (Denmark) amongst others. The French state rail company SNCF also expanded through acquisitions, raising the possibility of trans-national virtual monopolies on rail freight replacing former national monopolies, [13] or a potential duopoly between SNCF and Deutsche Bahn in most of western Europe. [14] [15]
A subsidiary of the British company DB Schenker Rail (UK), EuroCargoRail, operates trains in France and Spain, a situation unlikely prior to the liberalisation.
The increase in cross-border traffic has fuelled demand for multiple voltage electric locomotives such as Bombardier's TRAXX, Siemens's Eurosprinter and electric versions of Alstom's Prima locomotives series.
In passenger transport, large transport corporations have been created, or expanded into the rail market from other related activities such as FirstGroup, Veolia, Serco and Arriva.
In the UK, the directives have been criticised in some areas [16] partly based on the problems with the full privatisation of British Rail, additionally the regulations favour competitive practice which are not necessarily compatible with workers rights. [17]
In the years following the introduction of the mandates different countries implemented them to different extents and at different paces. By 2004, some countries such as the United Kingdom had gone far beyond the original remit privatising the railway system on Great Britain (but not Northern Ireland), others such as Finland and France had created fully separate infrastructure and railway companies from the state-run enterprises; still others, such as Germany, had created separate subsidiaries for different service providers and subsidiaries for infrastructure and track (DB Netz). Yet others merely separated accounting between the two organisational sections. [18] Most countries in the EU still have a state-owned infrastructure company, but many have privatised part or all of their service providers, or are working towards privatisation.
In June 2010, the European Commission instigated legal proceedings through the European Court of Justice against 13 states that had not fully implemented the set of directives (known as the 'first railway package'). The countries not having fully implemented the legislation to the commission's satisfaction were Austria, Czech Republic, Germany, Greece, France, Hungary, Ireland, Italy, Luxembourg, Poland, Portugal, Slovenia and Spain. [19] [20] In 2012 action against Germany and Austria on the basis that their infrastructure and operating companies were insufficiently separate was rejected by the European Court of Justice. Portugal, Spain and Hungary remained as having not yet fully complied with the aspects of the directives. [21] Legal action against Bulgaria was passed to the Court of Justice in 2012 for non-implementation. [22] In February 2013 the European Court of Justice ruled that the governments of Hungary and Spain had failed to liberalise their railways; infrastructure management was not sufficiently separated from train operation. [23]
Ireland derogated its obligation to implement the legislation; until 2012 Iarnród Éireann train operations and infrastructure businesses remained unsplit, and a similar situation existed in Northern Ireland. [24]
The Undertakings for Collective Investment in Transferable Securities Directive (UCITS) 2009/65/EC is a consolidated EU directive that allows collective investment schemes to operate freely throughout the EU on the basis of a single authorisation from one member state. EU member states are entitled to have additional regulatory requirements for the benefit of investors.
The Birds Directive is the oldest piece of EU legislation on the environment and one of its cornerstones which was unanimously adopted in April 1979 as the Directive 79/409/EEC. Amended in 2009, it became the Directive 2009/147/EC. It aims to protect all European wild birds and the habitats of listed species, in particular through the designation of Special Protection Areas.
The energy policy of the European Union focuses on energy security, sustainability, and integrating the energy markets of member states. An increasingly important part of it is climate policy. A key energy policy adopted in 2009 is the 20/20/20 objectives, binding for all EU Member States. The target involved increasing the share of renewable energy in its final energy use to 20%, reduce greenhouse gases by 20% and increase energy efficiency by 20%. After this target was met, new targets for 2030 were set at a 55% reduction of greenhouse gas emissions by 2030 as part of the European Green Deal. After the Russian invasion of Ukraine, the EU's energy policy turned more towards energy security in their REPowerEU policy package, which boosts both renewable deployment and fossil fuel infrastructure for alternative suppliers.
The Electricity Directive 2019 is a Directive in EU law concerning rules for the internal market in electricity.
The Trans-European high-speed rail network (TEN-R), together with the Trans-European conventional rail network, make up the Trans-European Rail network, which in turn is one of a number of the European Union's Trans-European transport networks (TEN-T). It was defined by the Council Directive 96/48/EC of 23 July 1996.
The Trade Control and Expert System (TRACES), is a web-based veterinarian certification tool used by the European Union for controlling the import and export of live animals and animal products within and without its borders. Its network falls under the responsibility of the European Commission. TRACES constitutes a key element of how the European Union facilitates trade and improves health protection for the consumer, as laid down in the First Pillar principle. Other countries use computer networks to provide veterinary certification, but TRACES is the only supranational network working at a continental scale of 28 countries and almost 500 million people.
The Trans-European conventional rail network, together with the Trans-European high-speed rail network, make up the Trans-European Rail network, which in turn is one of a number of the European Union's Trans-European transport networks (TEN-T). It was defined by the Council Directive 2001/16/EC of 19 March 2001.
The Urban Waste Water Treatment Directive 1991 European Union directive concerning urban waste water "collection, treatment and discharge of urban waste water and the treatment and discharge of waste water from certain industrial sectors". It aims "to protect the environment from adverse effects of waste water discharges from cities and "certain industrial sectors". Council Directive 91/271/EEC on Urban Wastewater Treatment was adopted on 21 May 1991, amended by the Commission Directive 98/15/EC.
The Second Railway Package is a group of European Union legislation which promote common standards and open access, working towards an integrated European railway area.
The third railway package is a collection of European Union legislation, intended to revitalise railways across Europe and open up passenger services to competition.
The European Union's Third Energy Package is a legislative package for an internal gas and electricity market in the European Union. Its purpose is to further open up the gas and electricity markets in the European Union. The package was proposed by the European Commission in September 2007, and adopted by the European Parliament and the Council of the European Union in July 2009. It entered into force on 3 September 2009.
Council Implementing Regulation (EU) No. 282/2011 was adopted by the Council of the European Union on 15 March 2011. This was mainly because the terms and wording of Directive 2006/112/EC have been inconclusive in some cases. The Regulation provided new implementing measures for the VAT Directive. Especially due to the amendment of the VAT Directive itself and the consistent case-law of the European Court of Justice, the former Implementing Regulation (EC) No. 1777/2005 had to be recast and clarified in certain aspects. This Implementing Regulation became effective on 1 July 2011 and does not have to be transported into national legislation of the individual member states of the European Union and thus is directly applicable.
Directive on intra-EU-transfers of defence-related products is a European Union Directive with relevance for the European Economic Area. "Transfer" in this context means "any transmission or movement of a defence-related product from a supplier to a recipient in another Member State".
European company law is the part of European Union law which concerns the formation, operation and insolvency of companies in the European Union. The EU creates minimum standards for companies throughout the EU, and has its own corporate forms. All member states continue to operate separate companies acts, which are amended from time to time to comply with EU Directives and Regulations. There is, however, also the option of businesses to incorporate as a Societas Europaea (SE), which allows a company to operate across all member states.
The Net Neutrality Regulation 2015 is a Regulation in EU law where article 3(3) lays down measures concerning open internet access.
The Directive on the accessibility of websites and mobile applications also known as Directive (EU) 2016/2102 was adopted by the European Union (EU) in 2016. This Directive applies to public sector organizations of member states of the European Union. The goal was to ensure that all public sector organizations were accessible for the 80 million people with disabilities in the EU.
Forum Train Europe (FTE) is an international organization based in Bern, Switzerland. FTE serves as the primary coordination and exchange platform for Europe's railway undertakings in the area of timetabling and capacity management. The work of FTE and its members is ultimately aimed at promoting increased and improved freight and passenger rail connections in Europe.