EN Official Journal of the European Union C 104/53

Opinion of the Committee of the Regions on ‘A single European railway area’

2011/C 104/12

THE COMMITTEE OF THE REGIONS

— supports the European Commission's approach to opening up railway markets, while stressing that the objective is not unbridled competition but competition designed to improve the railway sector's productivity and service to customers. Competition is nevertheless a means and not an end, and should be carried out under conditions that ensure an absolutely level playing field for all railway operators;

— supports the development of specialised networks (high-speed, freight), but stresses the European cohesion objectives and the need to avoid creating a multi-speed Europe;

— considers that the future proposal for a common financial framework should be clarified, especially with respect to how it differs from a ‘single fund’, which the Committee of the Regions rejects. A midway solution would be to include in the new Structural Funds regulations an earmarking mechanism for funds allocated to sustainable transport which would give preference to the financing of sections of priority TEN-T projects as well as to urban mobility action plans;

— in principle, welcomes the link that the Commission has established between noise-differentiated charges for railways and adoption of the ‘Eurovignette’ levy on the internalisation of the external costs for lorry transport;

— with regard to financing infrastructure, regrets that it is not mandatory for Member States to consult local and regional authorities when developing national rail infrastructure strategies;

— regrets that the Commission does not make any binding legislative commitments regarding the total separation of infrastructure managers and railway undertakings.

Rapporteur : Mr Michel Delebarre (FR/PES), Mayor of Dunkirk Reference document : Communication from the Commission concerning the development of a Single European Railway Area COM(2010) 474 final Proposal for a Directive of the European Parliament and of the Council establishing a single European railway area COM(2010) 475 final

I. POLICY RECOMMENDATIONS

THE COMMITTEE OF THE REGIONS

Communication concerning the development of a single European railway area

1. supports the European Commission's approach to opening up railway markets, while stressing that the objective is not unbridled competition but competition designed to improve the railway sector's productivity and service to customers. Competition is nevertheless a means and not an end, and should be carried out under conditions that ensure an absolutely level playing field for all railway operators;

2. reaffirms its support for improving the interoperability and safety of EU railway systems, and for removing any legal and/or infrastructure-related obstacles hindering rail transport between Member States. These should be the priority focus of Community rail transport policies, in order to develop transnational transport between the Member States and help achieve a real single market. The European Railway Agency's role should be geared to implementing these priorities; furthermore, the European Railway Agency should have the power to mediate and, if need be, to substitute the Member States' national safety authorities in certification disputes;

3. is in favour of applying the Polluter Pays Principle and external cost internalisation to all modes of transport in order to create a genuinely level playing field;

4. supports the development of specialised networks (high-speed, freight), but stresses the European cohesion objectives and the need to avoid creating a multi-speed Europe. The Community institutions must therefore ensure that freight corridors in regions that are peripheral in comparison with core European areas are not marginalised and are strengthened, thereby providing a level playing field, and real and effective single market cohesion;

5. supports the idea of harnessing appropriate resources for developing the rail infrastructure;

6. considers that the future proposal for a common financial framework should be clarified, especially with respect to how it differs from a ‘single fund’, which the Committee of the Regions rejects. Indeed, the Committee is opposed to the establishment of a single fund which, relying mainly on resources allocated under the Cohesion Fund, would group together all the EU financial instruments used to fund transport infrastructure. Not only could the ‘transfer’ of funds result in a net loss of resources allocated to transport policy, but it could also call into question the integration of transport projects in regionalised development strategies; a midway solution would be to include in the new Structural Funds regulations an earmarking mechanism for funds allocated to sustainable transport which would give preference to the financing of sections of priority TEN-T projects as well as to urban mobility action plans;

Proposal to recast the first railway package – regional challenges

7. with regard to exclusions from the scope of application of the law (Article 2), points out that the Commission has retained the exclusion of railway undertakings which only operate urban, suburban or regional services (Article 2) and that this exclusion is consistent with the regulation on public service obligations for rail passenger transport as it currently stands;

8. recognises that regional railways make a substantial contribution to local and regional development, enhancing the attractiveness of Europe's regions, strengthening sustainable freight transport, promoting more environment-friendly tourism and creating new employment opportunities;

9. with regard to railway services (Article 13, Annex III), welcomes the fact that the use of electrical supply equipment for traction current and refuelling facilities have been included as part of a minimum access package in order to ensure non-discriminatory access to these essential services. It is important in managing infrastructure to ensure that electrical supply is adequate for expected volumes of traffic and to encourage the use of traction energy sources with a low environmental impact;

10. welcomes the mandatory separation between the operator holding the dominant position and the operator of service facilities for the services listed in Annex III. This separation will facilitate the development of local and even international railway markets;

11. welcomes the inclusion of port facilities linked to rail activities among the service facilities for which more transparent and open access is required;

12. would like a more precise definition of the viable alternatives that would allow an operator of service facilities to deny access if a similar service existed ‘on the same route under economically acceptable conditions’;

13. believes that the regulatory body should be in a position to determine the allocation of capacity for railway services;

14. calls for an addition to Article 47(5) giving seaport hinterland traffic the same basic status as international freight services;

15. believes that service facilities should be subject to a ‘use it or lose it’ policy (obligation to publish a call for tenders to find a new operator) as soon as there is any intention to close operations. Likewise, maintenance and technical facilities introduced for specific rolling stock should not be reserved for a particular user for five years;

16. with regard to freight train noise (Article 31(5) and Annex VIII), notes that noise is the environmental Achilles heel of rail transport. It is a source of numerous complaints from people living along railway lines;

17. confirms that equipping wagons with ‘silent’ brake blocks is the most effective way to fight rail noise. Funding and technical specifications for this equipment nevertheless present a problem;

18. welcomes in principle the link that the Commission has established between noise-differentiated charges for railways and adoption of the ‘Eurovignette’ levy on the internalisation of the external costs for lorry transport, but points out that, under the current proposal, charging for external noise costs is compulsory for rail and optional for road, which could lead to distortions of competition;

19. welcomes the Commission's proposal to make it an obligation to apply charges as incentives to reduce rail noise but regrets that this obligation is not made contingent upon a similar obligation for road freight transport; furthermore considers it necessary to ensure that low-noise rolling stock is not permanently subject to a heavy administrative procedure. Once the noise reduction target has been reached and there is no significant further public benefit to continuing the procedure, any system of noise-differentiated infrastructure charges should be adapted to a given situation, or done away with altogether;

20. with regard to financing infrastructure (Article 8, Article 30, Annex VII), regrets that it is not mandatory for Member States to consult local and regional authorities when developing national rail infrastructure strategies. These authorities could also devise local rail infrastructure strategies covering a minimum five-year period;

21. is in favour of adopting mandatory multi-annual contracts between states and infrastructure managers to fund the maintenance and renewal of railway tracks. It must, however, be insured that the relevant Member State remains responsible for decisions on the public interest relating to the infrastructure and its required characteristics;

22. regrets, however, that local and regional authorities are not explicitly involved in negotiating these agreements, which will have a strong impact on their rail networks;

23. with regard to authorised applicants (Article 3(12), Article 44), welcomes the fact that the concept of authorised applicants has been broadened. Entities that are not licensed railway undertakings, such as shippers or ports, will find it easier to reserve train paths. This should also allow the development of short rail freight operators;

Proposal to recast the first railway package – other policy challenges

24. with regard to opening up markets and regulation, is generally in favour of measures to strengthen the regulatory body's role in order to enable it to improve its monitoring of non-discriminatory access to railway markets and provide incentives for infrastructure managers to deliver services efficiently. This also means retaining the option for Member States to introduce such incentives through regulatory measures. Bearing in mind the increasingly multinational nature of the challenges facing the railway sector, the establishment of a European regulatory body should be considered, fully respecting the subsidiarity principle and the remits of national regulators, for matters that concern several Member States; the Commission could initially set up a European committee of railway regulators that would settle national network regulation disputes at the appeal stage, and which would have access to legal procedures to enforce the implementation of its decisions by Member States; also believes that the Commission should take more active steps to introduce a common management terminology, common working rules and a common traffic management system in order to improve traffic efficiency;

25. regrets that the Commission does not make any binding legislative commitments regarding the total separation of infrastructure managers and railway undertakings. Indeed, such separation gives better assurances of non-discriminatory access to infrastructure by avoiding conflicts of interest between the manager of a natural monopoly and one of its users. There is also a need for clear guidelines on who is responsible for access to the network, and to platforms, terminals and other infrastructure;

26. emphasises that the total separation of infrastructure managers and railway undertakings must under no circumstances call into question the principle set out in Article 345 of the Treaty on the Functioning of the European Union, according to which ‘[t]he Treaties shall in no way prejudice the rules in Member States governing the system of property ownership’;

27. with regard to transparency and pricing, welcomes the greater separation of accounts for freight and passenger services and for infrastructure management and transport services (Article 6);

28. notes that the performance schemes and performance improvement systems (nevertheless already compulsory) for ascertaining responsibility for train delays are still not properly in place in the European Union;

29. is nevertheless uncertain about the appropriate level of detail regarding the causes for delays listed in Annex VIII; suggests beginning by setting up compulsory performance improvement schemes geared to the needs and resources of each infrastructure manager;

30. welcomes the additions to the network statements, especially with regard to rail-related services (Article 27, Article 56(2));

31. with regard to delegated acts, notes that the European Commission has suggested that it be granted significant powers, considering that most of the annexes to its proposal may be amended by delegated acts (Article 60). These annexes nevertheless contain ‘fundamental’ aspects of the railway regulatory framework.

II. RECOMMENDATIONS FOR AMENDMENTS

Amendment 1

Article 6(3)

Text proposed by the Commission CoR amendment CoR amendment Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published, on the one hand, for business relating to the provision of rail freight transport services and, on the other, for activities relating to the provision of passenger transport services. Public funds paid for activities relating to the provision of transport services as public-service remits must be shown separately for each public service contract in the relevant accounts and shall not be transferred to activities relating to the provision of other transport services or any other business. CoR amendment Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published, on the one hand, for business relating to the provision of rail freight transport services and, on the other, for activities relating to the provision of passenger transport services. Public funds paid for activities relating to the provision of transport services as public-service remits must be shown separately for each public service contract in the relevant accounts and shall not be transferred to activities relating to the provision of other transport services or any other business.

Reason

In cases where several public service contracts are managed by the same undertaking without the latter being divided into local subsidiaries specialised in operating a contract, there is currently no obligation to publish separate accounts. This situation could allow the undertaking to operate a not entirely ‘water-tight’ system for managing the various public service contracts it has been awarded, which would undermine the effective monitoring of public funds.

Amendment 2

Article 8(1)

Text proposed by the Commission CoR amendment Member States shall develop their national railway infrastructure by taking into account, where necessary, the general needs of the Union. For this purpose, they shall publish at the latest two years after the entry into force of this Directive a rail infrastructure development strategy with a view to meeting future mobility needs based on sound and sustainable financing of the railway system. The strategy shall cover a period of at least five years and be renewable. Member States shall develop their national railway infrastructure by taking into account, where necessary, the general needs of the Union. For this purpose, they shall publish at the latest two years after the entry into force of this Directive a rail infrastructure development strategy with a view to meeting future mobility needs based on sound and sustainable financing of the railway system. The strategy shall cover a period of at least five years and be renewable.

Reason

It should be mandatory for Member States to consult their local authorities about national rail infrastructure development strategies. These authorities could also draw up local rail infrastructure strategies covering a minimum five-year period.

Amendment 3

Article 30(3)

Text proposed by the Commission CoR amendment CoR amendment Member States shall consult interested parties at least one month before the agreement is signed and publish it within one month of concluding it. Member States shall consult interested parties at least one month before the agreement is signed and publish it within one month of concluding it.

Reason

Local authorities should be explicitly involved in negotiating these multi-annual funding agreements, which will have a strong impact on their rail networks.

Amendment 4

Article 31(5)

Text proposed by the Commission CoR amendment When charging for the cost of noise effects is allowed by Union legislation for road freight transport, the infrastructure charges shall be modified to take account of the cost of noise effects caused by the operation of the train in accordance with Annex VIII, point 2.

Reason

An addition should be made to the text of Article 31 to include the requirement that a noise-differentiated infrastructure charging system should take account not just of the external costs of noise effects, but also of the costs of retrofitting freight wagons and locomotives, which are particularly relevant to the incentive effect.

Amendment 5

Article 47(5)

Text proposed by the Commission CoR amendment 5. The importance of freight services and in particular international freight services shall be given adequate consideration in determining priority criteria. 5. The importance of freight services and in particular international freight services shall be given adequate consideration in determining priority criteria.

Reason

Transport of freight from seaports to their hinterland, and vice versa, place abnormal stress on certain sections of track. This could be addressed by considering them when determining priority criteria, with the aim of improving connections between seaports and their hinterland.

Amendment 6

Annex I

Text proposed by the Commission CoR amendment List of railways infrastructure items Railway infrastructure consists of the following items, provided they form part of the permanent way, including sidings, but excluding lines situated within railway repair workshops, depots or locomotive sheds, and private branches or sidings: — Ground area; — Track and track bed, in particular embankments, cuttings, drainage channels and trenches, masonry trenches, culverts, lining walls, planting for protecting side slopes etc.; passenger and goods platforms; four-foot way and walkways; enclosure walls, hedges, fencing; fire protection strips; apparatus for heating points; crossing, etc.; snow protection screens; — Engineering structures: bridges, culverts and other overpasses, tunnels, covered cuttings and other underpasses; retaining walls, and structures for protection against avalanches, falling stones, etc.; — Level crossings, including appliances to ensure the safety of road traffic; — Superstructure, in particular: rails, grooved rails and check rails; sleepers and longitudinal ties, small fittings for the permanent way, ballast including stone chippings and sand; points, crossing, etc.; turntables and traversers (except those reserved exclusively for locomotives); — Access way for passengers and goods, including access by road; — Safety, signalling and telecommunications installations on the open track, in stations and in marshalling yards, including plant for generating, transforming and distributing electric current for signalling and telecommunications; buildings for such installations or plant; track brakes; — Lighting installations for traffic and safety purposes; — Plant for transforming and carrying electric power for train haulage: sub-stations, supply cables between sub-stations and contact wires, catenaries and supports; third rail with supports; — Buildings used by the infrastructure department. List of railways infrastructure items Railway infrastructure consists of the following items, provided they form part of the permanent way, including sidings, but excluding lines situated within railway repair workshops, depots or locomotive sheds, and private branches or sidings: — Ground area; — Track and track bed, in particular embankments, cuttings, drainage channels and trenches, masonry trenches, culverts, lining walls, planting for protecting side slopes etc.; passenger and goods platforms; four-foot way and walkways; enclosure walls, hedges, fencing; fire protection strips; apparatus for heating points; crossing, etc.; snow protection screens; — Engineering structures: bridges, culverts and other overpasses, tunnels, covered cuttings and other underpasses; retaining walls, and structures for protection against avalanches, falling stones, etc.; — Level crossings, including appliances to ensure the safety of road traffic; — Superstructure, in particular: rails, grooved rails and check rails; sleepers and longitudinal ties, small fittings for the permanent way, ballast including stone chippings and sand; points, crossing, etc.; turntables and traversers (except those reserved exclusively for locomotives); — Access way for passengers and goods, including access by road; — Safety, signalling and telecommunications installations on the open track, in stations and in marshalling yards, including plant for generating, transforming and distributing electric current for signalling and telecommunications; buildings for such installations or plant; track brakes; — Lighting installations for traffic and safety purposes; — Plant for transforming and carrying electric power for train haulage: sub-stations, supply cables between sub-stations and contact wires, catenaries and supports; third rail with supports; — Buildings used by the infrastructure department. —

Reason

Parts of station buildings that are relevant to transport should be included in Annex I.

Amendment 7

Annex III

Text proposed by the Commission CoR amendment Services to be supplied to the railway undertakings (referred to in Article 13) 1. The minimum access package shall comprise: a) handling of requests for railway infrastructure capacity; b) the right to utilise capacity which is granted; c) use of running track points and junctions; d) train control including signalling, regulation, dispatching and the communication and provision of information on train movement; e) use of electrical supply equipment for traction current, where available; f) refuelling facilities, where available; g) all other information required to implement or operate the service for which capacity has been granted. Services to be supplied to the railway undertakings (referred to in Article 13) 1. The minimum access package shall comprise: a) handling of requests for railway infrastructure capacity; b) the right to utilise capacity which is granted; c) use of running track points and junctions; d) train control including signalling, regulation, dispatching and the communication and provision of information on train movement; e) use of electrical supply equipment for traction current, where available; f) refuelling facilities, where available; g) all other information required to implement or operate the service for which capacity has been granted.; 2. Access shall also be given to service facilities and the supply of services in the following services : a) passenger stations, their buildings and other facilities, including ticketing and travel information; b) freight terminals; c) marshalling yards; d) train formation facilities; e) storage sidings; f) maintenance and other technical facilities; g) port facilities which are linked to rail activities; h) relief facilities, including towing. 2. Access shall also be given to service facilities and the supply of services in the following services : a) passenger stations, their buildings and other facilities; b) freight terminals; c) marshalling yards; d) train formation facilities; e) storage sidings; f) maintenance and other technical facilities; g) port facilities which are linked to rail activities; h) relief facilities, including towing 3. Additional services may comprise: a) traction current, charges for which shall be shown on the invoices separately from charges for using the electrical supply equipment; b) pre-heating of passenger trains; c) supply of fuel, charges for which shall be shown on the invoices separately from charges for using refuelling facilities ; d) tailor-made contracts for: — control of transport of dangerous goods, — assistance in running abnormal trains. 3. Additional services may comprise: a) traction current, charges for which shall be shown on the invoices separately from charges for using the electrical supply equipment; b) pre-heating of passenger trains; c) supply of fuel, charges for which shall be shown on the invoices separately from charges for using refuelling facilities ; d) tailor-made contracts for: — control of transport of dangerous goods, — assistance in running abnormal trains. 4. Ancillary services may comprise: a) access to telecommunication networks; b) provision of supplementary information; c) technical inspection of rolling stock. 4. Ancillary services may comprise: a) access to telecommunication networks; b) provision of supplementary information; c) technical inspection of rolling stock.

Reason

The information enabling travellers to find their way around and to access services in the station cannot be different for each carrier, as that would make the information less coherent and legible. By maintaining standardised and shared information systems, carriers can ensure that their services are visible without any problems of separate general reception areas and displays.

Amendment 8

Annex VIII

Text proposed by the Commission CoR amendment 2. Noise-differentiated infrastructure charges referred to in Article 31(5) shall meet the following requirements: 2. Noise-differentiated infrastructure charges referred to in Article 31(5) shall meet the following requirements: a) (a) The charge shall be differentiated to reflect the composition of a train of vehicles respecting limit values for noise set by Commission Decisions 2006/66/EC (TSI Noise). a) (a) The charge shall be differentiated to reflect the composition of a train of vehicles respecting limit values for noise set by Commission Decisions 2006/66/EC (TSI Noise). b) Priority shall be given to freight wagons. b) freight wagons. c) Differentiation according to the noise emission levels of freight wagons shall allow the payback of investments within a reasonable period for retrofitting wagons with the most economically viable low-noise braking technology available. c) Differentiation according to the noise emission levels of freight wagons shall allow the payback of investments within a reasonable period for retrofitting wagons with the most economically viable low-noise braking technology available. d) Further elements to differentiate charges may be considered such as: (i) time of day, in particular night-time for noise emissions; (ii) train composition with an impact on the level of noise emissions; iii) sensitivity of the area affected by local emissions; (iv) further classes for noise emissions significantly lower than the one referred to under point (a). d) Further elements to differentiate charges may be considered such as: (i) time of day, in particular night-time for noise emissions; (ii) train composition with an impact on the level of noise emissions; iii) sensitivity of the area affected by local emissions; (iv) further classes for noise emissions significantly lower than the one referred to under point (a).

Reason

The intention of the proposal for a directive is to allow charging for external noise costs only where charging is also possible for road transport. This is the only way to ensure a level playing field between rail and road.

However, this objective is not achieved because the definition of train operation whose noise effects may be classified as an external cost and subject to infrastructure charges under this rule is misleading. Article 31(5) refers to point 2 of Annex VIII, which itself refers - in (2)(a) - to Commission Decision 2006/66/EC (TSI Noise) (OJ L 37, 8.2.2006, p. 1), as defining the emissions level that can be considered when setting infrastructure charges. That decision specifies noise emissions levels in its annex, but it includes passenger wagons in addition to freight wagons.

This means that the external costs of noise emissions may also be charged for passenger rail transport. However, in the sphere of road transport, noise emission charging is possible only for freight, not for passenger transport.

The amendment is intended to restore a level playing field.