WRITTEN QUESTION E-1699/03

by Erik Meijer (GUE/NGL) to the Commission

(22 May 2003)

Subject: Ending of overnight motorail and other holiday train services operated by foreign railways as a result of high tariffs for the shared use of track

1. Can the Commission confirm that in some EU Member States very high fees are now charged for the use of the national railways' infrastructure by passenger trains operated by foreign companies and that these fees are much higher than those previously charged and probably also much higher than those charged to domestic train companies?

2. Is the Commission aware that this is primarily impacting on overnight motorail services enabling holidaymakers to take their cars with them from their country of residence without having to drive long distances on congested motorways, and on other holiday trains to winter sports resorts in the Alps and summer holiday resorts on the Mediterranean coast?

3. Is the Commission aware that the private company Euro Express Train Charter (EET), which was to take over a number of holiday train services from the Netherlands railways as from 2003, would have to pay approximately five times more to use the French railway than was previously charged and is therefore giving up the plan? Does the Commission also realise that for the same reasons the Belgian railways SNCB/NMBS is thinking of stopping its overnight motorail services to the border between France and Spain, to the French Mediterranean coast and via France to Italy?

4. Does the Commission consider it desirable that the charges for shared use of foreign track should be so high that holiday travel by rail is no longer possible at a price affordable to passengers, as a result of which more of this traffic will switch from trains to cars, coaches and aircraft?

5. What action is the Commission taking to tackle horrendous tariffs of this kind and secure the future of international holiday travel by rail?

Source: Op de rails, Vol 71 May 2003.

Answer given by Mrs de Palacio on behalf of the Commission

(11 July 2003)

The tariffs for the use of the railway infrastructure in the Member States are set by the Infrastructure Managers and have to comply with the provisions of Directive 2001/14/EC(1). The basic principle of infrastructure charging schemes as set out in this Directive is that Railway Undertakings should only pay for the marginal costs of the use of the infrastructure. The infrastructure managers can determine themselves the methodology to be used for the calculation of the marginal costs. Furthermore, the Directive allows for the application of so-called mark-ups: additional charges to be levied in case of scarcity of infrastructure capacity, such as bottlenecks, or for the excessive usage as a result of heavy or long freight trains. Infrastructure managers can also apply charges for the compensation of environmental costs, though the latter shall take account of charges applied for other modes of transport, and should not lead to a competitive disadvantage of the rail mode compared to other modes, in particular road transport. The infrastructure manager must ensure a non-discriminatory charging scheme and can not apply different charges on the basis of the fact that a railway undertaking is established in another Member State, as this will have to be considered as a discrimination precluded by the EC Treaty. The Commission will act promptly on any such discrimination as soon as it is informed of such practices. Any railway undertakings not satisfied by the offer of the infrastructure manager is entitled to lodge an appeal at the national rail regulatory body (set up in accordance with Article 30 of Directive 2001/14/EC).

The Commission has received many complaints regarding the withdrawal of a certain number of international services after the timetable change in December 2002. The Commission is aware of the gradual phasing out of niche services, like car-sleeper trains, night trains and services for pilgrims, operated by incumbent operators who claim its operation is not longer profitable, notably as a result of high infrastructure charges. As in previous replies, the Commission would like to stress that Directive 91/440/EEC(2) provides that Railway Undertakings shall be managed according to the principles which apply to commercial companies. This shall also apply to rail services operated under public services obligations imposed by the State and to public services contracts which they conclude with the competent authorities of the Member State. These agreements can also be concluded between several Member States and railway undertakings established in different Member States for offering international passenger services by rail, if a commercial exploitation without state support would turn out to be impossible. The current organisation of international passenger services by rail though can be improved, thus enabling an increase in yields and a decrease in costs.

The disappearance of international rail services does not contribute to the achievement of the aims of the common Transport Policy as set out in the Commission White Paper of September 2001(3), which provides the maintenance of the modal share of the rail mode in 2010 at the levels of 1998. The Commission is preparing, as announced in its Workprogramme 2003 and requested by the Parliament in its vote on the second railway package in January 2003, proposal for a Directive on the gradual opening up of the market for international passenger services by rail. If adopted, this Directive should enable the creation of a level playing field for railway undertakings to operate international passenger services under their own responsibility in several Member States.

(1) 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.

(2) Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways, OJ L 237, 24.8.1991, as amended by Directive 2001/12/EC of the Parliament and of the Council of 26 February 2001, OJ L 75, 15.3.2001.

(3) White Paper: European Transport Policy for 2010: Time to Decide, COM(2001) 370 final.