WRITTEN QUESTION E-1856/02

by Bart Staes (Verts/ALE) to the Commission

(28 June 2002)

Subject: Liberalisation of the railways, cross-border fares and the balance between conventional and high-speed rail transport

Fifteen European associations which champion the interests of public transport users met in Brussels during the weekend of 18/19 May. In the liberalised market, they want to see users' interests safeguarded and service provision take precedence over economic interests. They agree that conventional rail transport must continue to exist alongside high-speed rail. Whether such services are provided by the state or by the private sector is not important to them, although they are calling for the state to continue to be responsible for infrastructure. They noted that short-distance cross-border rail links in Europe are still poor. Anyone travelling by train between Kortrijk and Lille, for instance, will find it very expensive simply because they cross a border.

Is the Commission taking any specific measures to ensure that conventional rail transport continues to exist in Europe alongside high-speed rail? If so, what are they? If not, why not?

What are its policy visions as regards service provision and infrastructure?

Does the Commission agree that fares for short-distance cross-border rail journeys are disproportionately high?

If it does agree, has it taken steps to adjust such fares? If so, how have those steps been received by the Member States? If not, does it intend to do so, or why will it not do so?

Answer given by Mrs de Palacio on behalf of the Commission

(16 September 2002)

Regulation of both domestic or international train services, is the responsibility of the Member States, as a matter of subsidiarity. The Commission's role is to formulate the right regulatory framework, consistent with both the rules of competition and internal market principles. Regulation (EEC) No 1191/69 of the Council(1), amended by Council Regulation 1893/91(2), provides a framework for the competent authorities within Member States to procure cross-border regional railway passenger services in the public interest, if they so wish. However, the Commission has no powers to force Member States to do this.

In its proposal to review these Regulations(3), the Commission proposes stronger powers for authorities to extend integration arrangements (including pricing and ticketing) across national borders (Article 4a(2)). This provision was introduced by the Commission in response to the Parliament's report on the initial proposal, which highlighted cross-border travel and the needs of people living in border regions.

The Commission has announced in its White Paper on European Transport Policy for 2010: time to decide(4) its objective to maintain the modal share of rail transport in 2010 at the same level as in 1998. This implies a significant increase of rail transport, both freight and passenger transport, as demand for transport is expected to grow by 38 %. In order to achieve this objective, the Parliament and the Council already adopted in February 2001 the directives of the Infrastructure package(5), which provide for a complete opening of the rail market for freight transport in 2008. The Commission adopted a Communication in January 2002 Towards an integrated European Railway Area(6) as well as 5 legislative proposals to speed up the opening of the markets for passenger and freight transport by rail.

Further to the announcements made in the White Paper and the Communication of January 2002, as well as the results of a study(7) carried out at the request of the Commission to assess the actual and potential market

for international rail passengers, the Commission intends to table a proposal in 2003 for a Regulation on passengers' rights and obligations in relation to the use of international train services. This Regulation will address several issues, such as compensation in the event of delays or failure to meet service obligations; the development and publication of service quality indicators; transparency of information on fares and travel conditions for passengers as well as the out-of-court dispute settlement mechanisms. The Commission also encourages railway undertakings to take measures to improve service levels and to adopt and implement a quality charter for international rail services.

The Commission is aware of the significant differences, which exist in the tariffs for short, cross- border train services, compared to the same distances carried out on a national network. These price differences can be explained by the application of international tariffs by national railway undertakings for sections between a border station and the border itself, where public service contracts do not apply. Good practices of integrated, cross border services though exist in the Union. The Conpass study from the research programme(8) is looking at cross-border public transport in order to further develop good practices.

(1) Regulation (EEC) No 1191/69 of the Council of 26 June 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway, OJ L 156, 28.6.1969.

(2) OJ L 169, 29.6.1991.

(3) Amended proposal for a Regulation on action by Member States concerning public service requirements and the award of public service contracts in passenger transport by rail, road and inland waterway, COM(2002) 107 final, OJ C 151 E, 25.6.2002.

(4) COM(2001) 370 final of 12.9.2001.

(5) Directive 2001/12/EC of the Parliament and of the Council of 26 February 2001 amending Council Directive 91/440/EEC on the development of the Community's railways;Directive 2001/13/EC of the Parliament an of the Council of 26 February 2001 amending Council Directive 95/18/EC on the licensing of railway undertakings;Directive 2001/14/EC of the 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, OJ L 75, 15.3.2001.

(6) COM(2002) 18 final and COM(2002) 21 to 25 final adopted on 23.1.2002.

(7) Developing (EU) International Rail Passenger Transport: Assessment of the actual and potential market for international rail passenger services, OGM, Brussels, February 2001, available from: http://europa.eu.int/comm/transport/rail/index_en.html.

(8) http://www.conpass.org.