Single European Railway Directive 2012

Last updated

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 91/440/EEC and consolidates legislation from each of the first to the fourth "Package" from 1991 to 2016, [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.

Contents

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.

Background

In many countries in Europe, the railway systems developed as separate privately owned companies operating regional networks, such as in the United Kingdom, France, Ireland, or Germany. Rail companies with permission to construct and operate a line were 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. For example, often through nationalisation, British Railways was created in 1948, France's SNCF was established in 1938, Deutsche Reichsbahn was created through the merger of individual German state railways in 1920, and RENFE and FEVE in Spain were created under the Franco government. These entities, in general, had total or virtual monopolies. [note 1]

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 operate in other EU countries' railway systems. To ensure that rail passengers were offered the possibility to travel more freely around Europe, particularly in cross-border or long-distance journeys, the European Union (or the European Community) legislated in a series of "packages" of legislation to integrate railway systems:

  1. the Railway Development Directive 91/440/EC was passed in 1991 to require that infrastructure accounts had to be kept separately from train operating accounts, and that companies were able to apply for non-discriminatory track access (running powers) on a European Union country's track. [3] The Railway Infrastructure Directive 2001/14/EC set out minimum standards for rail networks to allow access, and recover charges on fair terms. The Railway Licensing Directive 95/18/EC entitled rail undertakings to apply for a licence where they were established in any member state. Together this later became known as the "First Railway Package";
  2. in 2004, a Railway Safety Directive 2004/49, an Interoperability Directive 2004/50, a Freight Directive 2004/51 and a ppEuropean Union Agency for Railways]] Regulation (EC) 881/2004 were passed, known as the Second Railway Package;
  3. in 2007, an Open Access Directive 2007/58/EC, a Licences Directive 2007/59/EC, an Open Access Regulation 1370/2007, and a Rail Passenger Rights Regulation 1371/2007 were passed, known as the Third Railway Package;
  4. in 2016, a series of six new Directives and Regulations amended the Single European Railway Directive 2012, and recast all other rules, known as the Fourth Railway Package.

Between the third and fourth packages, the Single European Railway Directive 2012/34/EU recast and codified previous legislation on infrastructure separation, licensing, and charging.

Description

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 2] 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:

Cross border freight in the EU

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 3] a network which includes ports and freight terminals. [note 4] 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 5] 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]

Track allocation and access charges in the EU

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]

Licensing of railway companies in the EU

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 6] The directive was further clarified by EU Directive 2001/13 in 2001. [9]

EU Directive 2004/51

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]

Contents

The following summarises the Directive's contents:

Significance

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]

Implementation

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]

See also

Notes

  1. ↑ Specifically in terms of mainline workings, small industrial railways continued to exist in large industrial complexes such as mines and steelworks.
  2. ↑ The legal consequence of this is that companies providing track access and those providing trains are separate, both in terms of management and accounting. ie separate companies
  3. ↑ Directive 2001/12/EC of the European Parliament and of the Council, Annex 1, See: maps of the Trans European Rail Freight Network (TERFN) pages 9–25, [5] also see directive 2001/12/EC section 12, Article 10a; [5]
  4. ↑ Directive 2001/12/EC of the European Parliament and of the Council, Annex 1, See: list of ports in the TERFN, page 8 [5]
  5. ↑ Such standards can be referred to as "Technical Specifications for Interoperability" (TSI) and are set in the EU by the European Railway Agency e.g. see: Technical Specifications for Interoperability (TSI) Archived 23 December 2009 at the Wayback Machine www.era.europa.eu
  6. ↑ Provided that the original license was issued for operations in other countries; a change of operating circumstances requires a re-evaluation, or re-application for a license.

Related Research Articles

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.

<span class="mw-page-title-main">Electricity Directive 2019</span>

The Electricity Directive 2019 is a Directive in EU law concerning rules for the internal market in electricity.

<span class="mw-page-title-main">Rail transport in Europe</span>

Rail transport in Europe has diverse technological standards, operating concepts, and infrastructures. Common features are the widespread use of standard-gauge rail, high operational safety and a high proportion of electrification. Electrified railway networks in Europe operate at many different voltages, both AC and DC, varying from 750 to 25,000 volts, and signaling systems vary from country to country, complicating cross-border traffic.

Article 102 of the Treaty on the Functioning of the European Union (TFEU) is aimed at preventing businesses in an industry from abusing their positions by colluding to fix prices or taking action to prevent new businesses from gaining a foothold in the industry. Its core role is the regulation of monopolies, which restrict competition in private industry and produce worse outcomes for consumers and society. It is the second key provision, after Article 101, in European Union (EU) competition law.

<span class="mw-page-title-main">Transport in the European Union</span>

Transport in the European Union is a shared competence of the Union and its member states. The European Commission includes a Commissioner for Transport, currently Adina Ioana Vălean. Since 2012, the commission also includes a Directorate-General for Mobility and Transport which develops EU policies in the transport sector and manages funding for Trans-European Networks and technological development and innovation, worth €850 million yearly for the period 2000–2006.

<span class="mw-page-title-main">Dangerous Preparations Directive</span>

The Dangerous Preparations Directive was a European Union directive in the field of occupational safety and health and consumer protection that came into force in 30 July 1999. It complemented the Dangerous Substances Directive (67/548/EEC) and replaced a previous Dangerous Preparations Directive (88/379/EEC). The European Court of Justice had ruled in 1985 that Dangerous Substances Directive (67/548/EEC) applies only to pure substances, not preparations. It was repealed on 1 June 2015, as part of the European Union's adoption of Globally Harmonized System of Classification and Labelling of Chemicals, as part of CLP Regulation.

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.

<span class="mw-page-title-main">Urban Waste Water Treatment Directive</span>

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.

European hazard symbols for chemicals are pictograms defined by the European Union for labelling chemical packaging and containers. They are standardised currently by the CLP/GHS classification.

<span class="mw-page-title-main">Second Railway Package</span>

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.

<span class="mw-page-title-main">Third Railway Package</span>

The third railway package is a collection of European Union legislation, intended to revitalise railways across Europe and open up passenger services to competition.

<span class="mw-page-title-main">Council Implementing Regulation (EU) No. 282/2011</span>

ZITIN

<span class="mw-page-title-main">Directive on intra-EU-transfers of defence-related products</span>

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".

<span class="mw-page-title-main">Fourth Railway Package</span> EU law on surface transport

The fourth railway package is a set of changes to rail transport regulation in the European Union law. It covers standards and authorisation for rolling stock; workforce skills; independent management of infrastructure; and the liberalisation of domestic passenger services in an attempt to reduce European rail subsidies.

<span class="mw-page-title-main">European company law</span> Part of European Union law

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.

<span class="mw-page-title-main">European Union Agency for Railways</span> Agency of the European Union

The European Union Agency for Railways (ERA) is an agency of the European Union (EU) that sets mandatory requirements for European railways and manufacturers in the form of Technical Specifications for Interoperability (TSI), which apply to the Trans-European Rail system. The ERA publishes a document summarising the status of the TSIs. The ERA sets common safety targets, common safety methods and common safety indicators, following Directive 2004/49/EC and amendments. The ERA also hosts a number of databases, among which a register of remaining, applicable national rules. One of its primary duties is the development and implementation of the European Rail Traffic Management System (ERTMS).

<span class="mw-page-title-main">Forum Train Europe</span> International railway organization in Europe

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.

References

  1. ↑ 91/440/EC "European Union legislation". rail-reg.gov.uk. Office of Rail Regulation (UK). First Railway Package.. Subsequent directives included 2001/12/EC, 2001/13/EC and 2001/14/EC.
  2. ↑ "Proposals for revision of First Railway Package published". 20 September 2010.
  3. ↑ Development of the Community's railways europa.eu
  4. ↑ Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways eur-lex.europa.eu
  5. 1 2 3 4 Directive 2001/12/EC of the European Parliament and of the Council 26 February 2001 amendment to directive 91/440/EEC eur-lex.europa.eu
  6. ↑ Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification eur-lex.europa.eu
  7. ↑ Council Directive 95/19/EC of 19 June 1995 on the allocation of railway infrastructure capacity and the charging of infrastructure fees eur-lex.europa.eu
  8. ↑ Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings eur-lex.europa.eu
  9. ↑ Directive 2001/13/EC of the European Parliament and of the Council 26 February 2001 amendment to directive 95/18/EC eur-lex.europa
  10. ↑ Corrigendum to Directive 2004/51/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 91/440/EEC on the development of the Community’s railways eur-lex.europa.eu
  11. ↑ A Proud British Tradition gets Shunted Off the Rails Archived 8 November 2009 at the Wayback Machine www.sovereignty.org.uk
  12. ↑ Liberalization of railway transport : European directives on railway transport and Access to infrastructure Archived 2 February 2010 at the Wayback Machine Author: Enrico Mordiglia www.mordiglia.it
  13. ↑ Railway Mergers and Railway Alliances: Competition Issues [ permanent dead link ] Author:Russell Pittman, Conference on Emerging Competition Issues in Regulated Network Industries: Alliances, consortia and other quasi-mergers, Université Libre de Bruxelles, 25–26 September 2008 164.15.69.62
  14. ↑ Rail freight duopoly would be bad news for industry Damian Brett , 25 February 2010 , www.ifw-net.com
  15. ↑ Rail Freight Group (opinion) "Stop the creeping European duopoly!" , Page 5 , 12/2009 , www.rfg.org.uk (www.railfreightgroup.com)
  16. ↑ Brussels and rail 'liberalisation' Archived 20 July 2011 at the Wayback Machine Centre for Social Europe 12/2005 www.rmtbristol
  17. ↑ The European Union, railway privatisation and the attack on workers' living standards Authors: Anna Rombach, Françoise Thull, 8 November 2007
  18. ↑ Towards a single European railway market? The slow process of implementing European railway standards Archived 26 July 2011 at the Wayback Machine Authors:Jan-Coen van Elburg, Torben Holvad, Publication : Association of European Transport, 2004, www.etcproceedings.org
  19. ↑ Rail services: Commission initiates proceedings against 13 Member States which have not fully implemented the first railway package Reference: IP/10/807 , 24 June 2010 , Brussels , europa.eu
  20. ↑ EC stepping up pressure 28 July 2010 , www.railwaygazette.com
  21. ↑ "Directive 91/440 does not require institutional separation", railwaygazette.com, 7 September 2012
  22. ↑ "Commission takes legal action against Bulgaria for failing to fully implement the first railway package", europa.eu, European Union, 26 January 2012
  23. ↑ "European Court of Justice rules on vertical separation". Railway Gazette International . Retrieved 3 March 2013.
  24. ↑ "Irish government looks at rail restructuring as derogation ends", railwaygazette.com, Railway Gazette International, 14 March 2012, archived from the original on 20 January 2018, retrieved 15 March 2012
  25. ↑ Guihéry, Laurent (June 2022). "Trenitalia's arrival on the Paris-Lyon high-speed line: from open competition to underground cooperation with SNCF?". 20th European Transport Congress. University of Győr . Retrieved 16 March 2024.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.