EN Official Journal of the European Union CE 78/185

(2004/C 78 E/0191)

WRITTEN QUESTION E-2886/03

by Charles Tannock (PPE-DE) to the Commission

(29 September 2003)

Subject: Difficulties encountered in the liberalisation of the European rail freight sector

Since March of this year an EU directive requiring all EU Member States to allow operators based in other Member States to haul international freight across their tracks. A number of Member States, including France, have already transposed the directive into national law, whilst other Member States, including Germany and the U.K., both of which are in reality already open to foreign operators, have not done so.

There are concerns, however, that transposition of the directive will not, in itself, be sufficient to ensure that the directive will be properly enforced, even though there is clearly public pressure to reduce road congestion by increasing the proportion of European goods carried by rail at a time when that proportion has fallen from over 20 % thirty years ago to only 8 % today. In particular, there are concerns that Eurostar's plan to start direct rail freight services from Dourges near Lille in France to Daventry in the U.K. Midlands will be disrupted by opposition from French trades unions, ensuring that Eurostar either fails to receive an operating licence or receives it in a form that would make the project unworkable.

Is the Commission committed to facilitating the carrying of freight across Europe by rail and does it have any concerns about the difficulties likely to be faced by European freight operators in the future? In particular, can the Commission see any objection to Eurostar's plans to run a freight service from Dourges to Daventry or any reason why an operating licence should not be made available to the company allowing it to carry freight along the whole of that route?

Answer given by Mrs de Palacio on behalf of the Commission

(10 November 2003)

The Commission is strongly committed to facilitating an increase of the competitiveness of European rail freight and a modal shift towards environmentally friendly modes such as rail. The Commission pursues these objectives by creating a Common European Railway Area including opening of rail freight markets and establishing a European regulatory framework for interoperability and safety. It also provides financial support for the development of essential rail infrastructure and for the demonstration of innovative rail freight service concepts.

A cornerstone of the regulatory approach of the Community to revitalise rail freight are the rail infrastructure package Directives (1) that Member States had to implement by 15 March 2003. These Directives have not yet been transposed by all Member States and some of the Directives, which have been legally implemented, still have to be put into practice ‘on the ground’. The Commission is employing all legal instruments at hand to push Member States for a swift and thorough implementation.

The Commission is aware of the intention of Eurotunnel SA (not Eurostar as indicated) to establish itself as a railway undertaking providing rail freight services through the Channel tunnel. As a preparatory measure the company has applied for a railway licence with the competent French authorities. Currently, the French authorities are processing the request on the basis of the national implementation legislation for Directive 2001/13/EC. The Commission has no reason to doubt that Eurotunnel SA will be granted a railway licence, if they fulfil all legal requirements in conformity with Community Directives.

(1) 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 and of the Council of 26 February 2001 amending Council Directive 95/18/EC on the licensing of railway undertakings; and 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.