Proposal for a Regulation of the European Parliament and of the Council concerning a European rail network for competitive freight (Text with EEA relevance) {SEC(2008) 3028} {SEC(2008) 3029}
Date: 2008-12-11
Institutions: European Commission
Subjects: carriage of goods, common transport policy, rail network, transport infrastructure, transport market

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.12.2008 
COM(2008) 852 final 

2008/0247 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning a European rail network for competitive freight  

(Text with EEA relevance) 

{SEC(2008) 3028} 
{SEC(2008) 3029} 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

THE ISSUES INVOLVED IN THE DEVELOPMENT OF RAIL FREIGHT. 

1.1. 

The construction of a sustainable system of transport: a major objective for the 
Community. 

The need for the Community to meet its commitments in terms of reducing greenhouse gases, 
improving the environmental performance of its economy and the constraints weighing more 
and  more  heavily  on  energy  resources  are  very  important  features  of  Community  transport 
policy.  

The Community would therefore like to create a transport system for the benefit of its citizens 
and undertakings  which is the cleanest and most  efficient  possible. In order to  achieve  this, 
the  Commission,  in  its  mid-term  review  of  the  White  Paper  on  Transport1,  proposed 
concentrating  on  the  development  of  "co-modality",  that  is  the  optimal  use  of  all  modes  of 
transport, combined or otherwise.  

This development is based in particular on creating a true internal European transport market. 
Much  progress  in  this  direction  has  already  been  made  in  the  aviation  and  road  transport 
sectors. However, rail transport still has some way to go in this respect. 

1.2. 

Issues regarding rail transport 

Rail  freight  services  have  been  opened  up  to  competition  since  1  January  2007.  Existing 
undertakings have restructured themselves or are in the process of doing so. New stakeholders 
are  also  appearing.  The  quality  of  services  provided  by  the  infrastructure  managers  to  the 
undertakings  remains  low  in  many  Member  States  and  must  be  improved.  However,  the 
demand for rail transport could significantly increase in the years to come in many regions of 
the Union. 

Indeed the rail freight market, approximately half of which is accounted for by international 
services, will not be able to develop properly if railway infrastructure does not offer a better 
service  to  freight  undertakings.  Several  difficulties  must  be  surmounted  for  this  to  happen: 
much  more  attention  is  paid  to  passenger  trains  than  to  freight  trains,  both  in  terms  of 
investment  choices  and  in  terms  of  managing  capacity  and  traffic,  which  greatly  penalises 
freight transported by rail in the majority of Member States; national infrastructure managers 
who  continue  to  act  in  a  too  disjointed  manner,  and  inefficient  or  restricted  connections 
between railway infrastructure and other modes of transport.  

Infrastructure  managers  must  therefore  cooperate  more.  The  balance  of  traffic  between 
passenger trains and freight trains must be managed differently, at least on significant routes 
for  freight.  Lastly,  providing  freight  undertakings  with  a  sufficient  number  of  intermodal 
installations  capable  of  providing  quality  services  is  a  very  important  factor  in  the 
development  of  combined  traffic,  which  constitutes  a  strategic  segment  of  the  modern  rail 
freight market. 

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COM(2006) 314 final, 22.6.2006. 

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Without  this,  rail  freight  will  not  be  able  to  develop  properly  and  fully  play  its  role  in  the 
construction of "co-modality" in Europe. 

2. 

IMPROVING THE QUALITY OF THE SERVICE PROVIDED BY INFRASTRUCTURE TO THE 
FREIGHT UNDERTAKINGS ON A SPECIFIC NETWORK 

2.1. 

Details of measures already taken 

Many  initiatives  have  already  been  taken  in  recent  years,  both  at  national  and  Community 
level,  to  ensure  that  the  service  provided  by  the  infrastructure  managers  becomes  more 
efficient. Progress is being made on rationalising investment, the use of new technologies, and 
adopting management rules for increasingly sophisticated infrastructures.  

More particularly, at European level successive railway packages have set the Member States 
on the path to modernising their railways and to integrating national systems. With provisions 
relating  to  access  and  the  levying  of  charges  for  infrastructure,  managing  its  capacities  and 
traffic,  railway  safety  and  the  development  of  interoperability,  the  directives  making  up  the 
first,  second,  and  third  railway  packages  represent  a  European  legislative  and  policy 
framework which encourages the modernisation of rail transport.  

Furthermore,  the  Transeuropean  Transport  Network  (TEN-T)  programme,  the  development 
and  the  deployment  of  the  European  Rail  Traffic  Management  System  (ERTMS),  and  the 
technical  specification  relating  to  telematics  applications  relating  to  freight  (TAF-TSI) 
contribute  to  the  development  of  interoperability  and  better-integrated  management  of  the 
railway  infrastructure  in  Europe.  Within  the  framework  of  the  deployment  of  ERTMS,  for 
example, international freight-oriented corridors have been defined. Their creation gives rise 
to active cooperation between infrastructure managers. The latter have also taken the initiative 
of uniting in the form of a body named RailNetEurope, which provides a number of services 
to  international  freight  undertakings  and  encourages  cooperation  between  infrastructure 
managers in terms of managing capacities. 

2.2. 

Problems persist 

All  of  these  initiatives  help  to  improve  infrastructure  management.  They  must  be  increased 
and their pace accelerated to ensure that the progress necessary for integrating rail transport 
and  developing  freight  becomes  a  reality.  In  the  first  place  this  means  improving  or 
increasing: 

– 

– 

– 

cooperation between infrastructure managers in order to eliminate border effects for 
freight  traffic  and  optimising  their  investment  and  the  use  of  their  capacities  at  an 
international level, initially on the most important routes;  

development and management of the intermodal terminals used for the railways; 

the quality and reliability of the infrastructure capacities allocated to freight. 

Within the framework of the ERTMS corridors already created, cooperation between Member 
States  and  infrastructure  managers  basically  relates  to  investment  and  varies  noticeably  in 
terms of intensity between corridors. Moreover, creating a better balance, in terms of the use 
of  the  railway  network,  between  the  different  types  of  traffic  has  not  been  the  subject  of 
significant action at this stage, although this represents a primordial factor in the improvement 

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of the quality of rail freight services in Europe (see Communication COM(2008)536  on  the 
quality of rail freight services).  

3. 

NEW INITIATIVES SEEM NECESSARY 

3.1. 

All stakeholders would like Community action on this matter 

The  Commission  undertook,  in  its  Communication  of  18  October  2007  Towards  a  rail 
network  giving  priority  to  freight,  to  present  in  2008  proposals  for  the  creation,  in  a 
coordinated manner, of international rail corridors giving priority to freight. This option was 
favoured over the creation of rail corridors dedicated to freight, which was deemed too one-
sided, expensive and slow to implement. Further to making this commitment, the Commission 
carried out a large-scale consultation of all of the stakeholders concerned.  

Initially, fifteen experts in the sector, together with Commission departments, pinpointed rail 
freight  problems  linked  to  infrastructure  and  identified  possible  ways  forward.  The 
conclusions  of  the  group,  included  in  a  report  listing  recommendations  by  area  of 
intervention, formed the main basis for the work on this proposal. 

Subsequently,  a  public  consultation  procedure  was  launched.  It  offered  the  opportunity  for 
many  stakeholders,  Member  States, 
infrastructure  managers, 
industrialists,  associations  and  freight-service  users,  to  express  their  opinions  on  this  matter 
and to give their opinion on the Commission's proposals. 

railway  undertakings, 

The  main  conclusion  drawn  from  these  two  exercises  is  that  the  short-term  creation  of 
international rail corridors for competitive freight would contribute substantially to improving 
the competitiveness of rail transport. 

Moreover, the Council of Ministers meeting on 7 and 8 April 2008 invited the Commission to 
"devise  measures  for  achieving  the  efficient  operation  of  international  rail  freight  services 
through  reinforcement  of  the  cooperation  between  infrastructure  managers  in  the  fields  of 
operations  and  investment  and  through  identification  of  those  cross-border  corridors, 
including co-modal sections, along which the efficient flow of international rail freight traffic 
should be ensured, in terms of capacity and investment planning and in terms of reliable and 
sufficient train paths". The European Parliament, which has adopted a report on this subject, 
the European Economic and Social Committee and the Committee of the Regions, have also 
expressed their wish for progress to be made on this matter as soon as possible.  

3.2. 

A regulation concerning the European rail network for competitive freight and 
additional initiatives 

Taking into account all of these elements, the  Commission  has examined  three  options (not 
undertaking  any  new  measure;  enhancing  measures  which  have  already  been  implemented 
and, where necessary, undertaking new policy initiatives; proposing new legislative measures) 
which could lead to the creation of a European rail network for competitive freight consisting 
of  international  corridors.  It  has  carried  out  an  analysis  of  the  qualitative  and  quantitative 
impact of these options2.  

2 

Commission Staff Working Paper (COM) 

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According to this analysis, the third option would offer the most positive effects, and provide 
a number of guarantees to both the Community and the Member States themselves concerning 
collective  involvement  in  the  objective  being  pursued.  The  main  uncertainty  regarding  this 
option  concerns  the  deadline  for  the  adoption  and  entry  into  force  of  the  new  legislative 
measures. 

These  conclusions,  the  need  to  make  rapid  progress  in  terms  of  integrating  the  national 
railway infrastructure networks to ensure that the integration of rail transport is similar to that 
of other modes of transport, and the need, to that end, to specifically harmonise the rules for 
managing  infrastructure  along  a  freight  corridor,  lead  the  Commission  to  propose  to  the 
Parliament and the Council that they adopt a regulation concerning the creation of a European 
rail network for competitive freight. 

The  Commission  proposal  for  a  Regulation  relates  in  particular  to  the  procedures  for  the 
selection  of  corridors,  together  with  the  governance  of  all  the  corridors,  and  to  the 
characteristics that these corridors must have. It is based on the continuance of the initiatives 
and  provisions  quoted  above,  such  as  the  TEN-T  programme,  the  ERTMS  corridors  and 
current Community legislation relating to rail transport. 

To meet the need to act rapidly and to stimulate and guide current measures having the same 
objectives  as  this  initiative,  the  Commission  also  proposes  supplementing  its  proposal  for  a 
regulation  with  other  initiatives.  It  will  encourage  the  creation  of  associations  between 
Member  States  for  the  creation  of  corridors  and  joint  investment  planning.  It  will  regularly 
bring together all the railway infrastructure managers in the Union to encourage the exchange 
of good practices and raise subjects of common interest. 

Furthermore,  the  review  of  the  TEN-T  policy  which  is  currently  underway  will  offer  an 
opportunity  to  coordinate  this  initiative  with  the  TEN-T  policy,  which  should  lead  to  a 
significant amount of synergy, both in terms of measures to be implemented to obtain greater 
efficiency in construction and the use of infrastructure in the European interest, and in terms 
of investment.  

4. 

THE GENERAL PRINCIPLES OF THE PROPOSAL FOR A REGULATION 

The  proposal  is  in  accordance  with  the  principle  of  subsidiarity.  It  contains  provisions 
regarding  the  transnational  management  of  railway  infrastructure  which  could  not  be 
implemented individually by each Member State. It is also in accordance with the principle of 
proportionality. It sets objectives and joint procedures for the Member States and the railway 
infrastructure  managers.  Finally,  the  proposal  supplements  and  is  based  on  existing  rail 
legislation.  This  makes  its  interpretation  easier  and  thereby  contributes  towards  the 
simplification of legislation which has been decided at Community level. 

The  proposal  is  organised  into  five  chapters,  of  which  three  relate  to:  the  design  and 
governance  of  the  European  rail  network  for  competitive  freight;  investment  in  the 
infrastructure,  the  terminals  and  their  equipment;  and  finally,  the  operation  of  freight 
corridors. Chapter 1 relates to general provisions and Chapter 5 relates to final provisions. 

For each freight corridor, the measure proposed is based on a regular analysis of the market 
and  regular  consultation  of  customers,  the  definition  of  an  implementation  plan  containing 
measures  intended  to  meet  their  needs  and  to  guarantee  compliance  with  provisions  in  the 

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proposal  for  a  regulation.  The  infrastructure  and  terminal  managers  are  responsible  for 
carrying this out, with the support and at the instigation of the Member States involved in the 
creation of the freight corridor in question. 

4.1. 

Concerning  the  definition  and  governance  of  the  European  rail  network  for 
competitive freight 

Chapter  2  first  of  all  stipulates  the  obligations  of  the  Member  States  in  terms  of  creating 
international  rail  corridors  for  competitive  freight  and  the  procedure  for  selecting  these 
corridors.  These  provisions  must  guarantee  both  the  quality  of  the  proposed  corridors  and 
consistency between the different corridors proposed. They also provide for all of the Member 
States  which  do  not  have  specific  geographical  features  incompatible  with  this  objective  to 
participate in the creation of the European rail network for competitive freight. 

The  proposed  method  is  as  follows:  the  legislation  lays  down  a  general  obligation  for  the 
Member  States  to  create  freight  corridors  within  the  TEN-T;  the  Member  States  together 
define  the  corridors  that  they  would  like  to  create;  this  choice  is  validated  at  Community 
level, in the comitology procedure, after examining the relevance of the proposed corridor and 
the consistency between all of the freight corridors proposed.  

This chapter also contains the essential characteristics of the governance body for each freight 
corridor. The Commission brought the experience that it has gained, in particular within the 
framework of ERTMS corridors and corridors implemented by RailNetEurope, to bear on the 
issues brought up by the group of experts, and the results of the public consultation to define 
these  essential  characteristics.  In  general,  it  appeared  that  putting  in  place  an  international 
structure  capable  of  encouraging  coordination  between  Member  States  and  infrastructure 
managers along a corridor is a vital element in the success of this exercise. 

4.2. 

Concerning investment 

Chapter 3 specifies the obligations to be complied with regarding a freight corridor in terms of 
coordinating  and  programming  investment  and  developing  interoperability  between  the 
different  networks  covered  and  improving  the  capacity  for  the  trains.  Developing 
interoperability  will  enable  significant  gains  to  be  made  in  terms  of  journey  times,  capacity 
and  the  productivity  of  rail  freight.  Increasing  train  capacity,  for  example  by  increasing  the 
maximum  length  of  the  trains  which  can  run  along  the  whole  corridor,  will  also  efficiently 
improve the productivity of rail freight. 

In  this  chapter,  the  Commission  also  proposes  defining  a  network  of  strategic  terminals  for 
each corridor. The good connection of each freight corridor to the rest of the network and to 
other modes of transport, at maritime ports or inland, will indeed play a fundamental role in 
the success of this initiative. Each corridor must therefore have an effective strategy regarding 
the development of intermodal terminals in particular, and also the adequacy of their capacity 
in terms of the needs of freight running along the corridor. 

4.3. 

Concerning the operation of a freight corridor 

Chapter  4  concerns  seven  essential  points:  the  development  of  interoperable  procedures; 
improving  coordination  of  traffic  operations  between  infrastructure  managers  on  the  one 
hand,  and  infrastructure  and  terminal  managers  on  the  other  hand;  enhancing  access  to 
infrastructure and terminals; preferential treatment of freight trains in terms of allocating train 

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paths  and  managing  traffic;  monitoring  the  quality  of  the  service  along  a  freight  corridor; 
cooperation between regulatory bodies. 

Better  coordination  of  the  operation  of  the  freight  corridor  should  lead  to  the  improved 
performance  of  international  freight  transport  along  the  corridor  for  a  limited  cost.  For 
example, it involves applicants being provided with a one-stop shop for all requests for train 
paths  across  several  networks.  Furthermore,  the  impact  assessment  has  shown  that  efficient 
coordination of the operation of terminals and the main infrastructure would very significantly 
improve the performance of rail freight. It would lead in particular to a reduction in waiting 
times for trains accessing the terminals or the main infrastructure from the terminals.  

The  quality  of  information  about  conditions  and  means  of  access  to  all  of  the  services 
necessary for the efficient running of a freight train will also allow non-discriminatory access 
to all of the services provided by the infrastructure of the freight corridor. 

With  regard  to  the  balance  between  freight  trains  and  passenger  trains,  the  objective  is  to 
ensure  that  freight  trains  have  access  to  good-quality,  reliable  train  paths  and  that,  for 
international  train  paths,  national  train  paths  are  consistent  amongst  themselves.  Better 
treatment  of  freight  trains  in  terms  of  traffic  operation  is  also  included  in  this  chapter.  The 
issue here is to give guarantees to rail freight as to the reliability and the quality of the service 
it is being provided by infrastructure managers. These guarantees, which in general rail freight 
does  not  have,  should  have  a  moderate  impact  on  the  performance  of  passenger  traffic. 
Furthermore, they must not constitute an excessive restraint which is likely to harm improved 
infrastructure management. 

All  of  the  above  measures  must  produce  positive  effects  on  the  performance  of  freight  rail 
transport which must be measured and regularly analysed. It is for that reason that Chapter 4 
stipulates that each corridor must define performance indicators which are regularly updated. 

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2008/0247 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning a European rail network for competitive freight  

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
71(1) thereof, 

Having regard to the proposal from the Commission3, 

Having regard to the opinion of the European Economic and Social Committee4, 

Having regard to the opinion of the Committee of the Regions5, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty6, 

Whereas: 

(1)  Within  the  framework  of  the  Lisbon  Strategy  for  growth  and  employment  and  the 
sustainable  development  strategy  of  the  Community,  the  creation  of  an  internal  rail 
market, in particular with regard to freight transport, is an essential factor in making 
progress towards sustainable mobility. 

(2) 

(3) 

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 certification7 has been an important step in 
the creation of the internal rail market. 

In order to be competitive with other modes of transport, international and national rail 
freight  services,  which  have  been  opened  up  to  competition  since  1  January  2007, 
must be able to benefit from a good-quality railway infrastructure, that is one which 
allows  freight  transport  services  to  be  provided  in  good  conditions  in  terms  of 
commercial speed and journey times and to be reliable, that is to say that the service it 
provides  actually  corresponds  to  the  contractual  agreements  entered  into  with  the 
railway undertakings.  

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4 
5 
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7 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
Opinion of the European Parliament of ….., Council Common Position of ….. 
OJ L 75, 15.3.2001, p. 29. 

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(4) 

(5) 

(6) 

(7) 

The Council of Ministers, meeting on 7 and 8 April 2008, concluded that the efficient 
use  of  infrastructure  must  be  promoted  and  that,  if  necessary,  railway  infrastructure 
capacities  must  be  improved  by  means  of  measures  taken  at  European  and  national 
level, and in particular by means of legislative texts. 

In  this  context,  the  creation  of  a  European  rail  network  for  competitive  freight  on 
which  freight  trains  can  run  in  good  conditions  and  easily  pass  from  one  national 
network  to  another  would  allow  improvements  in  the  conditions  of  use  of  the 
infrastructure. 

In order to put in place a European rail network for competitive freight, the initiatives 
already taken in terms of railway infrastructure show that the creation of international 
corridors, which meet specific needs in one or more clearly identified segments of the 
freight market, is the most appropriate method. 

The rail network for competitive freight should be set up in a manner consistent with 
the  Transeuropean  Transport  Network  ("TEN-T").  To  that  end,  the  coordinated 
development of the two networks is necessary, and in particular the integration of the 
international corridors for rail freight into the existing TEN-T. Furthermore, uniform 
rules  relating  to  these  freight  corridors  should  be  established  at  Community  level.  If 
necessary,  the  creation  of  these  corridors  could  be  supported  financially  within  the 
framework of the TEN-T programme8. 

(8)  Within  the  framework  of  a  freight  corridor,  good  coordination  between  the  Member 
States and the infrastructure managers concerned should be ensured, sufficient priority 
given to rail freight traffic, effective and adequate links to other modes of transport set 
up  and  conditions  created  which  are  favourable  to  the  development  of  competition 
between rail freight service providers. 

(9) 

(10) 

(11) 

The  creation  of  a  freight  corridor  should  be  examined  and  approved  at  Community 
level in accordance with a clearly-defined and transparent procedure and criteria which 
allow  Member  States  and  infrastructure  managers  sufficient  decision-making  and 
management scope so that they can take measures adapted to their specific needs.  

In  order  to  stimulate  coordination  between  the  Member  States  and  the  infrastructure 
managers, each freight corridor should be supported by a governance body comprised 
of the various infrastructure managers who are involved with the freight corridor.  

In  order  to  meet  market  needs,  the  methods  for  creating  a  freight  corridor  should  be 
presented  in  an  implementation  plan  which  should  include  identifying  and  setting  a 
schedule  for  measures  which  would  improve  the  performance  of  rail  freight. 
Furthermore,  to  ensure  that  planned  or  implemented  measures  for  the  creation  of  a 
freight  corridor  meet  the  needs  or  expectations  of  all  of  the  users  of  the  freight 
corridor,  the  latter  must  be  regularly  consulted  in  accordance  with  clearly  defined 
procedures.  

8 

OJ L 228, 23.9.1995, p.1, as amended by Regulation (EC) No 1655/1999 of the European Parliament 
and  of  the  Council  (OJ  L  197,  29.7.1999,  p.1)  and  Regulation  (EC)  No  807/2004  of  the  European 
Parliament and of the Council (OJ L 143, 30.4.2004, p.46). 

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(12) 

In  order  to  guarantee  the  consistency  and  continuity  of  the  infrastructure  capacities 
available  along  the  freight  corridor,  investment  in  the  freight  corridor  should  be 
coordinated  between  Member  States  and  the  infrastructure  managers  concerned,  and 
planned  in  a  way  which  meets  the  needs  of  the  freight  corridor.  The  schedule  for 
carrying  out  the  investment  should  be  published  to  ensure  that  applicants  who  may 
operate  in  the  corridor  are  well-informed.  The  investment  should  include  projects 
relating to the development of interoperable systems and the increase in capacity of the 
trains. 

(13)  For  the  same  reasons,  heavy  maintenance  work,  which  very  often  has  a  significant 
impact on railway infrastructure capacity, should also be coordinated at the level of the 
freight corridor and be the subject of updated publications. 

(14)  The putting in place of infrastructure and systems for the development of intermodal 
freight transport services is also necessary to encourage the development of rail freight 
in the Community. 

(15)  The  Member  States  concerned  and  the  competent  national  safety  authorities  on  the 
freight  corridor  may  conclude  agreements  concerning  the  mutual  recognition  of 
vehicles on the one hand, and train drivers on the other hand. The safety authorities of 
the  Member  States  involved  with  the  freight  corridor  should  cooperate  in  order  to 
guarantee the implementation of these agreements. 

(16) 

(17) 

In order to facilitate requests for infrastructure capacities for international rail freight 
services, it is appropriate to set up a one-stop shop for each freight corridor. For this 
existing  initiatives  should  be  built  upon,  in  particular  those  undertaken  by 
RailNetEurope,  a  body  which  acts  as  a  coordination  tool  for  the  infrastructure 
managers and provides a number of services to international freight undertakings. 

In view of the different programming schedules for timetables for the different types 
of traffic, it should be ensured that the requests for infrastructure capacity for freight 
traffic  are  not  unduly  restricted  by  requests  for  passenger  transport,  particularly  in 
regard  to  their  respective  socio-economic  values.  Fees  for  using  the  infrastructure 
should vary according to the quality and reliability of the train path allocated.  

(18)  Trains  carrying  goods  which  are  very  sensitive  in  terms  of  the  journey  time  and 
punctuality should be able to enjoy sufficient priority if there are traffic problems. 

(19)  To guarantee the development of competition between suppliers of rail freight services 
in  the  freight  corridor,  it  seems  desirable  to  authorise  applicants  other  than  railway 
undertakings or their groupings to request infrastructure capacity. 

(20) 

In order to optimise the management of the freight corridor and guarantee a better flow 
and  performance  of  the  international  rail  freight  services,  it  is  necessary  to  ensure 
efficient  coordination  between  the  regulatory  bodies  over  the  different  networks 
covered by the freight corridor. To ensure that the railway infrastructure is better used, 
the  management  of  that  infrastructure  and  the  strategic  terminals  along  the  freight 
corridor needs to be coordinated. 

(21)  To facilitate access to information concerning the use of all the main infrastructure in 
the freight corridor and to guarantee non-discriminatory access to it, it seems advisable 

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to supply all the international rail freight service providers with a reference document 
containing all this information. 

(22) 

In order to objectively measure the benefits of the measures aimed at the creation of 
the  freight  corridor  and  to  guarantee  efficient  monitoring  of  such  measures, 
performance indicators for the service along the freight corridor should be introduced 
and published regularly. 

(23)  With the aim of improving the dissemination of good practices and ensuring efficient 
monitoring of the management of the European rail network for competitive freight, it 
is  desirable  to  enhance  cooperation  between  all  of  the  Community  infrastructure 
managers with the support of the Commission.  

(24)  Since the objective of this Regulation, namely the creation of a European rail network 
for competitive freight made up of freight corridors, cannot be adequately achieved by 
the  Member  States  and  can  therefore  be  better  achieved  at  Community  level,  the 
Community may adopt measures in accordance with the principle of subsidiarity as set 
out in Article 5 of the Treaty. In accordance  with  the  principle  of  proportionality,  as 
set out in the same Article, this Regulation does not go beyond what is necessary in 
order to achieve that objective.  

(25)  Fair rules based on cooperation between the infrastructure managers who must provide 
a  quality  service  to  freight  undertakings  within  the  framework  of  an  international 
railway corridor, should be introduced in respect of the coordination of investment and 
the management of capacities and traffic. 

(26)  The measures necessary for the implementation of this Regulation should be adopted 
in  accordance  with  Council  Decision  1999/468/EC  of  28 June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission. 

(27) 

In  particular,  the  Commission  should  be  empowered  to  lay  down  the  conditions  and 
criteria necessary for the implementation of this Regulation. Since those measures are 
of general scope and are designed to amend non-essential elements of this Regulation 
and to supplement it through the addition of new non-essential elements, they should 
be  adopted  in  accordance  with  the  regulatory  procedure  with  scrutiny  laid  down  in 
Article 5a of Decision 1999/468/EC, 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I 

GENERAL 

Article 1 

Purpose and scope 

1. 

This  Regulation  lays  down  the  rules  for  the  creation  and  organisation  of  the 
European rail network for competitive freight which is made up of international rail 
corridors for competitive freight (hereinafter referred to as "freight corridors"). It sets 

EN 

11 

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out  the  rules  for  the  selection  and  organisation  of  freight  corridors  and  harmonised 
principles relating to investment planning, and capacity and traffic management. 

2. 

This  Regulation  applies  to  the  management  and  use  of  railway  infrastructure  for 
domestic and international rail services, apart from: 

a) 

b) 

c) 

d) 

stand-alone  local  and  regional  networks  for  passenger  services  using  the 
railway infrastructure; 

networks  intended  only  for  the  operation  of  urban  or  suburban  passenger 
services; 

regional networks which are used for regional freight transport services solely 
by  a  railway  undertaking  that  is  not  covered  by  Directive  91/440/EEC9  until 
capacity on that network is requested by another applicant; 

privately-owned  railway  infrastructure  that  exists  solely  for  use  by  the 
infrastructure owner for their own freight operations. 

Article 2 

Definitions 

1. 

2. 

For  the  purposes  of  this  Regulation,  the  definitions  laid  down  in  Article  2  of 
Directive 2001/14/EC shall apply. 

In addition to the definitions referred to in paragraph 1: 

a) 

b) 

c) 

d) 

"freight corridor" shall mean all of the railway lines created on the territory of 
Member States and, where necessary, third European countries linking one or 
more  strategic  terminals  to  one  or  more  other  strategic  terminals,  including  a 
principal  axis,  alternative  routes  and  paths  linking  them,  and  railway 
infrastructure and its equipment in the freight terminals, marshalling yards and 
train formation facilities, and branch lines to the latter; 

"implementation  plan"  shall  mean  the  document  presenting  the  strategy, 
measures and means that the parties concerned intend to implement in order to 
develop  over  a  specified  period  the  measures  which  are  necessary  and 
sufficient to create the freight corridor;  

"heavy maintenance work" shall mean any intervention or repair to the railway 
infrastructure and its equipment which is necessary for running the trains along 
the  freight  corridor  and  involving  reservations  on  the  capacities  for  the 
infrastructure in accordance with Article 28 of Directive 2001/14/EC; 

"terminal" shall mean the installation provided along the freight corridor which 
has been especially arranged to allow either the loading and/or the unloading of 
goods onto/from freight trains, and the integration of rail freight services with 

9 

OJ L 237, 24.8.1991, p. 25. 

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12 

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e) 

f) 

road, maritime, river and air services, and either the forming or modification of 
the composition of freight trains; 

"strategic  terminal"  shall  mean  the  terminal  of  the  freight  corridor  which  is 
open to all the applicants and which plays an important role in the rail transport 
of freight along the freight corridor;  

"one-stop shop" shall mean the joint entity set up by infrastructure managers of 
the  freight  corridor  which  offers  applicants  the  opportunity  to  request  in  a 
single place and a single operation a train path for a journey crossing at least 
one border. 

CHAPTER II 

DESIGN AND GOVERNANCE OF THE EUROPEAN RAIL NETWORK FOR 
COMPETITIVE FREIGHT 

Article 3 

Selection of freight corridors 

1. 

The freight corridor shall allow international and national rail freight services to be 
operated  on the  territory of at least  two Member States. It shall have the following 
characteristics: 

a) 

it shall be part of the TEN-T; 

b) 

it shall allow significant development of rail freight traffic; 

c) 

it shall be justified on the basis of a socio-economic analysis. This shall include 
the  impact  on  those  parts  of  the  transport  system  where  the  allocation  of 
infrastructure  capacity  in  the  freight  corridor  significantly  affects  freight  and 
passenger traffic. It shall also include an analysis of the major effects in terms 
of external costs; 

d) 

it shall be supported by an implementation plan. 

2. 

The creation or modification of a freight corridor shall be proposed by the Member 
States concerned. For this purpose they shall send the Commission a proposal drawn 
up with the infrastructure managers concerned, taking into account the criteria set out 
in the Annex. 

3. 

The freight corridors shall be created in accordance with the following procedure: 

a) at the latest one year after the entry into force of this Regulation, the territory of 
each  Member  State  which  has  at  least  two  land  borders  with  other  Member  States 
must allow at least one proposal for a freight corridor;  

b) at the latest three years after the entry into force of this Regulation, the territory of 
each Member State must allow at least: 

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i) 

one freight corridor,  

ii) 

iii) 

two  freight  corridors  if  the  annual  performance  of  rail  freight  in  the  Member 
State concerned is greater than or equal to 30 billion tonne-kilometres, 

three freight corridors if the annual performance of rail freight in the Member 
State concerned is greater than or equal to 70 billion tonne-kilometres. 

The Commission shall examine the proposals for the creation of the freight corridors 
referred to in paragraph 2 and, in compliance with the regulatory procedure referred 
to in Article 18(3), adopt a decision relating to an initial network of freight corridors 
at  the  latest  one  year  after  the  entry  into  force  of  this  Regulation.  As  part  of  this 
examination, the criteria shown in the Annex shall be taken into consideration.  

The  freight  corridor  may  contain  elements  of  the  rail  networks  of  European  third 
countries.  Where  applicable,  these  elements  must  be  compatible  with  the  TEN-T 
policy. 

The  network  of  freight  corridors  referred  to  in  paragraph  4  shall  be  progressively 
modified and supplemented on the basis of proposals for the creation or modification 
of  a  freight  corridor,  and  after  a  Commission  decision  has  been  adopted  in 
compliance with the regulatory procedure referred to in Article 18(3). The proposals 
from Member States shall be examined taking into consideration the criteria set out 
in the Annex.  

Where difficulties arise between two or more Member States regarding the creation 
or  modification  of  a  freight  corridor,  and  with  regard  to  the  railway  infrastructure 
located on their territory, the Commission, at the request of one of the Member States 
concerned, shall consult the committee referred to in Article 18 on this matter. The 
opinion of the committee shall be sent to the Member States concerned. The Member 
States concerned shall take this opinion into account in order to find a solution. 

Measures aimed at adapting the Annex, which are measures with a general scope and 
the  objective  of  modifying  non-essential  elements  of  this  Regulation,  shall  be  laid 
down in compliance with the regulatory procedure with scrutiny referred to in Article 
18(4). 

Article 4 

Governance of freight corridors 

The  Member  States  affected  by  a  freight  corridor  shall  cooperate  to  ensure  the 
development of the freight corridor in accordance with its implementation plan. They 
shall  define  the  general  objectives  for  the  freight  corridor  and  ensure  that  the 
implementation plan is in line with these objectives. 

For each freight corridor the infrastructure managers concerned, as defined in Article 
2 of Directive 2001/14/EC, shall create a governance body responsible for defining 
and steering the performance and updating of the implementation plan for the freight 
corridor.  The  governance  body  shall  make  regular  reports  on  its  activity  to  the 
Member States concerned and, where necessary, to the European coordinators of the 

4. 

5. 

6. 

7. 

9. 

1. 

2. 

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14 

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3. 

4. 

5. 

TEN-T priority projects referred to in Article 17a of Decision No 1692/96/EC of the 
European Parliament and of the Council10 involved in the freight corridor.  

The governance body shall be an independent legal entity. It may take the form of a 
European  economic  interest  grouping  within  the  meaning  of  Regulation  (EEC)  No 
2137/8511 and shall enjoy the status of such a grouping.  

The members of the governance body shall appoint its director, whose term of office 
shall be at least three years. 

A working group made up of managers and owners of the strategic terminals of the 
freight corridor, referred to in Article 9, shall be set up. It may issue an opinion on 
any proposal by the governance body which has direct consequences for investment 
and the management of strategic terminals. The governance body may not take any 
decision contrary to that opinion. 

Article 5 

Measures for implementing the freight corridor 

1. 

The implementation plan, approved by the governance body, shall include: 

a) 

a  description  of 
the 
implementation programme for the measures necessary for creating the freight 
corridor; 

the  freight  corridor,  and 

the  characteristics  of 

b) 

the essential elements of the market study referred to in paragraph 3; 

c) 

d) 

the  objectives  of  the  governance  body  in  terms  of  performance  of  the  freight 
corridor expressed as the quality of the service and the capacity of the freight 
corridor in accordance with the provisions referred to in Article 16; 

the programme for the creation and improvement of performance in the freight 
corridor, as referred to in paragraph 3. 

The  implementation  plan  shall  be  regularly  adjusted  taking  into  account  progress 
made with carrying out the measures it contains, the rail freight market on the freight 
corridor and performance measured in accordance with the provisions referred to in 
Article 16(2). 

A market study shall be carried out relating to the observed and expected changes in 
the  traffic  in  the  freight  corridor  and  those  parts  of  the  transport  system  which  are 
connected  to  it.  It  shall  examine  changes  in  the  different  types  of  traffic,  both 
regarding the transport of freight and the transport of passengers. It shall include the 
main  features  of  the  socio-economic  analysis  referred  to  in  Article  3(c).  It  shall  be 
updated  at  least  once  a  year.  The  results  of  this  study  shall  be  used  to  adjust  the 
implementation plan for the freight corridor. 

2. 

3. 

10 
11 

OJ L 228, 9.9.1996. 
OJ L 199, 31.7.1985, p.1. 

EN 

15 

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4. 

1. 

2. 

A  programme  shall  be  drawn  up  for  creating  and  improving  performance  in  the 
freight  corridor.  In  particular  this  programme  shall  include  the  common  objectives, 
the  technical  choices  and  the  schedule  for  necessary  measures  in  respect  of  the 
railway  infrastructure  and  its  equipment  in  order  to  implement  all  of  the  measures 
referred to in Articles 7 to 16. 

Article 6 
Consulting applicants 

The  governance  body  shall  introduce  consultation  mechanisms  with  a  view  to  the 
proper participation of the applicants likely to use the freight corridor, as defined in 
Article 2 of Directive 2001/14/EC.  

Applicants  for  the  use  of  the  freight  corridor  shall  be  consulted  by  the  governance 
body before the implementation plan is approved and when it is updated. In the event 
of  a  disagreement  between  the  governance  body  and  the  applicants,  the  latter  may 
contact  the  Commission,  which  shall  consult  the  committee  referred  to  in  Article 
18(1), in accordance with the procedure referred to in Article 18(2), on this matter. 

CHAPTER III 

INVESTMENT IN THE FREIGHT CORRIDOR 

Article 7 
Investment planning 

1. 

The governance body shall draw up and approve: 

a) 

b) 

a long-term joint investment plan for infrastructure in the freight corridor, that 
is for at least the next 10 years; 

if  necessary,  a  medium-term  joint  investment  plan  (at  least  two  years)  in  the 
freight corridor. 

The  investment  plans  shall  list  the  projects  planned  for  the  extension,  renewal  or 
redeployment of railway infrastructure and its equipment along the corridor and the 
relevant financial requirements. 

2. 

the  essential 

The  investment  plans  referred  to  in  paragraph  1  above  shall  include  a  strategy 
relating to the deployment of interoperable systems along the freight corridor which 
satisfies 
for 
interoperability  which  apply 
in  Directive 
2008/57/EC12.  This  strategy  shall  be  based  on  a  cost-benefit  analysis  of  the  use  of 
these  systems.  It  must  be  consistent  with  national  and  European  plans  for  the 
deployment of interoperable systems, in particular with the deployment plan for the 
European Rail Traffic Management System (ERTMS).  

the  rail  networks  as  defined 

technical  specifications 

requirements  and 

the 

to 

12 

OJ L 191, 18.7.2008, p. 1. 

EN 

16 

   EN 

 
 
                                                 
3. 

4. 

5. 

Where  applicable,  investment  plans  shall  refer  to  the  Community  contribution 
envisaged  under  the  TEN-T  programme  and  prove  that  their  strategy  is  consistent 
with it.  

The investment plans referred to in paragraph 1 shall also include a strategy for the 
growth  of  the  capacity  of  freight  trains  which  may  run  in  the  freight  corridor.  The 
strategy may be based on increasing the length, gauge or axle load authorised for the 
trains running in the freight corridor. 

The  investment  plans  referred  to  paragraph  1  above  shall  be  published  in  the 
document referred to in Article 15 and updated regularly. They shall form part of the 
implementation plan for the freight corridor. 

Article 8 

Heavy maintenance work  

The infrastructure managers in the freight corridor shall coordinate at least once a year their 
schedule for carrying out heavy maintenance work on the infrastructure and its equipment. 

Article 9 

Strategic terminals 

In agreement with the working group referred to in Article 4(5), the governance body 
shall draw up a strategy for the development of strategic terminals to enable them to 
meet the needs of rail freight running on the freight corridor.  

The  governance  body  shall  take  appropriate  measures  to  carry  out  this  strategy.  It 
shall revise it regularly. 

CHAPTER IV 

MANAGEMENT OF THE FREIGHT CORRIDOR 

Article 10 

One-stop shop for requests for international train paths 

The governance body shall put in place a one-stop shop for requests for train paths 
for freight trains crossing at least one border along the freight corridor.  

All  requests  for  train  paths  for  a  freight  train  crossing  at  least  one  border  or  using 
several  networks  along  the  freight  corridor  must  be  made  to  the  one-stop  shop 
referred to in paragraph 1 above. 

1. 

2. 

1. 

2. 

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17 

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3. 

1. 

2. 

1. 

2. 

4. 

5. 

6. 

The regulatory bodies involved, as referred to in Article 17 of this Regulation, shall 
ensure that the activities of the one-stop shop are carried out under transparent and 
non-discriminatory conditions.  

Article 11 

Priority freight 

The  governance  body  shall  define  the  standard  categories  of  freight  traffic,  which 
shall  be  valid  in  the  whole  of  the  freight  corridor.  At  least  one  of  these  categories 
(hereinafter referred to as "priority freight") shall include goods whose transportation 
is  very  time-sensitive  and  which  therefore  require  an  efficient  transport  time  and 
guaranteed punctuality.  

The criteria defining the standard categories of freight traffic shall be adopted, where 
applicable, in compliance with the regulatory procedure referred to in Article 18(3). 

Article 12 

Train paths allocated to freight trains 

Notwithstanding Article 20(2) of Directive 2001/14/EC, the infrastructure managers 
of the freight corridor shall reserve the capacity needed for priority freight traffic for 
the  coming  financial  year,  prior  to  the  annual  exercise  to  define  the  working 
timetable referred to in Article 18 of Directive 2001/14/EC and using as a basis the 
freight traffic observed and the market study defined in Article 5(1). 

The infrastructure managers shall keep a reserve of capacity within the final working 
timetable to allow them to respond quickly and appropriately to ad hoc requests for 
capacity as referred to in Article 23 of Directive 2001/14/EC. This capacity must be 
sufficient to allow requests for train paths to be met while guaranteeing a sufficient 
level of quality for the allocated train path in terms of journey times on the train path 
and timetables adapted to freight traffic. 

Train paths allocated to freight operations may be of a different quality in terms of 
journey times. Fees for the use of the infrastructure relating to these train paths may 
vary according to the level of quality proposed in accordance with Articles 7 and 8 of 
Directive 2001/14/EC. 

Save in the case of force majeure, a train path allocated to a priority freight operation 
may  not  be  cancelled  less  than  three  months  before  its  working  timetable  if  the 
applicant concerned does not give their approval for such cancellation.  

Infrastructure managers in the freight corridor and the working group referred to in 
Article  4(5)  shall  put  in  place  procedures  to  ensure  optimal  coordination  of  the 
allocation  of  railway  infrastructure  capacity  and  strategic  terminal  capacity,  as 
referred to in Article 9.  

EN 

18 

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Article 13 

Authorised applicants 

Notwithstanding  Article  16(1)  of  Directive  2001/14/EC,  applicants  other  than  railway 
undertakings and  the  international groupings that they make up,  may  request train  paths  for 
freight transport where the latter concern one or more sections of the freight corridor. 

Article 14 

Traffic management 

1. 

2. 

3. 

4. 

The  infrastructure  managers  of  the  freight  corridor  shall  draw  up  and  publish  the 
rules of priority between the different types of traffic in the event of traffic disruption 
in the freight corridor in the network statement referred to in Article 3 of and Annex 
I to Directive 2001/14/EC.  

The rules of priority referred to in paragraph 1 above must at least provide that the 
train path allocated to a priority freight train complying with the initial provisions for 
its train path may neither be reallocated to another train, nor modified, except where 
the  initial  holder  of  the  train  path  agrees  to  reallocation  to  another  train  or 
modification of the train path. 

The infrastructure managers of the freight corridor shall put in place procedures for 
coordinating traffic management along the freight corridor. 

Infrastructure managers for the freight corridor and the working group referred to in 
Article 4(5) shall put in place procedures to ensure optimal coordination between the 
operation  of  the  railway  infrastructure  and  the  strategic  terminals  referred  to  in 
Article 9.  

Article 15 

Information on the conditions of use of the freight corridor 

The governance body shall draw up and publish a document containing:  

a) 

b) 

all  the  information  contained  in  the  network  statement  for  national  networks 
regarding the freight corridor, drawn up in accordance with the procedure set out in 
Article 3 of Directive 2001/14/EC;  

the  list  and  characteristics  of  strategic terminals  and  all  information  concerning  the 
conditions and methods of accessing the strategic terminals. 

Article 16 

Quality of service in the freight corridor 

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19 

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1. 

2. 

1. 

2. 

1. 

2. 

3. 

The infrastructure managers for the freight corridor shall ensure consistency between 
the  performance  schemes  along  the  freight  corridor,  as  defined  in  Article  11  of 
Directive 2001/14/EC. 

In order to measure the quality of the service and the capacity for international and 
national rail freight services in the freight corridor, the governance body shall define 
the  performance  indicators  in  the  freight  corridor  and  publish  them  at  least  once  a 
year.   
The implementation rules for these indicators shall be laid down, where applicable, 
in accordance with the regulatory procedure referred to in Article 18(3). 

Article 17 

Regulatory bodies 

The  regulatory  bodies  referred  to  in  Article  30  of  Directive  2001/14/EC  which  are 
responsible  for  the  freight  corridor  shall  cooperate  to  supervise  the  international 
activities of the infrastructure managers and applicants in the freight corridor. They 
shall  consult  each  other  and  exchange  information.  Where  necessary,  they  shall 
request the necessary information from infrastructure managers in the Member State 
for which they are responsible.  

In  the  event  of  a  complaint  from  an  applicant  regarding  international  rail  freight 
services,  or  within  the  framework  of  a  routine  enquiry,  the  regulatory  body 
concerned  shall  consult  the  regulatory  body  of  any  other  Member  State  on  the 
territory  of  which  the  freight  corridor  concerned  passes  and  request  the  necessary 
information from them before taking its decision. The other regulatory bodies shall 
provide all the information that they themselves have the right to request under their 
national legislation. Where necessary, the regulatory body receiving the complaint or 
having  initiated  the  routine  enquiry  shall  transfer  the  file  to  the  regulatory  body 
responsible in order to take measures regarding the parties concerned. 

CHAPTER V 

FINAL PROVISIONS 

Article 18 

Committee  

The Commission shall be assisted by a Committee. 

Where  reference  is  made  to  this  paragraph,  Articles  3  and  7  of  Decision 
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 
1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8  thereof.  The 
deadline provided for in Article 5(6) of Decision 1999/468/EC is set at three months. 

EN 

20 

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4. 

Where  reference  is  made  to  this  paragraph,  Article  5a(1)  to  (4)  and  Article  7  of 
Decision  1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8 
thereof.  

Article 19 

Cooperation 

The  infrastructure  managers  shall  cooperate  to  implement  this  Regulation.  They  shall 
exchange  information  concerning  best  practices  in  order  to  coordinate  them  throughout  the 
Community. The Commission shall support them in these tasks. For this purpose, it shall set 
up and chair a working group of infrastructure managers.  

Article 20 

Derogation 

Where  applicable,  a  Member  state  may  derogate  from  the  provisions  of  this  Regulation.  In 
order  to  do  so,  it  shall  send  a  substantiated  request  for  derogation  to  the  Commission.  The 
Commission  shall  adopt  a  decision  on  that  request,  in  compliance  with  the  consultation 
procedure referred to in Article 18(2), taking into consideration the geographical situation and 
the  development  of  rail  freight  transport  services  in  the  Member  State  which  has  requested 
derogation. 

Article 21 

Monitoring implementation 

The Member States concerned shall submit to the Commission, every two years from the time 
of creation of the freight corridor, a file showing the results of their cooperation as referred to 
in Article 4(1). The Commission shall analyse this file and notify the committee referred to in 
Article 18 of its analysis. 

Article 22 

Report 

The Commission shall periodically examine the application of this Regulation. It shall draw 
up  a  report  for  the  European  Parliament  and  the  Council,  initially  within  five  years  of  the 
entry into force of this Regulation, and subsequently every three years. 

Article 23 

Review 

If, where the guidelines for TEN-T are reviewed in accordance with the procedures referred to 
in Article 18(3) of Decision No 1692/96/EC, the Commission concludes that it is appropriate 

EN 

21 

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to adapt this Regulation to those guidelines, it shall present to the European Parliament and 
the Council a proposal on amending this Regulation accordingly. 

Article 24 

Entry into force 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

22 

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ANNEX 

Criteria for assessing proposals for the creation of a freight corridor 

The selection of freight corridors referred to in Article 3, and the updating of the rail network 
for competitive freight shall be carried out in accordance with the following criteria: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

there must be a letter of intent from the Member States concerned confirming 
their wish to create the freight corridor; 

the freight corridor must be part of the TEN-T; 

where the itinerary for the freight corridor coincides with a section (or part of a 
section) of one or more priority TEN-T projects13, this must be integrated into 
the freight corridor, unless it is dedicated to the passenger transport service; 

the  freight  corridor  whose  creation  is  proposed  must  cross  the  territory  of  at 
least  three  Member  States  or  at  least  two  Member  States  if  the  distance 
between the railway terminals served by the freight corridor proposed is greater 
than 500 kilometres; 

the  economic  feasibility  and  the  socio-economic  benefits  of  the  freight 
corridor; 

the consistency of all of the freight corridors proposed by the Member States in 
order to set up a European rail network for competitive freight; 

consistency with existing European rail networks such as the ERTMS corridors 
and the corridors defined by RailNetEurope; 

the  existence  of  good  interconnections  with  other  modes  of  transport,  in 
particular thanks to an adequate network of strategic terminals, including in the 
maritime and inland ports;  

the approach proposed to implement the provisions referred to in Articles 4 to 
16. 

13 

See Annex III to Decision No 1692/96/EC. 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

TITLE OF THE PROPOSAL: 

Regulation  of  the  European  Parliament  and  of  the  Council  concerning  a  European 
rail network for competitive freight. 

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities: 

Heading 06: Energy and transport 

Activity: "Inland, air and maritime transport" (Chapter 06 02) 

Objective:  "To  ensure  the  implementation  of  the  internal  market  in  transport 
services" 

3. 

BUDGET LINES 

3.1. 

Budget  lines  [operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B.A lines)], including headings 

None 

3.2. 

Duration of the action and of the financial impact 

In  principle,  the  provisions  of  the  proposal  are  not  limited  in  duration.  Their 
implementation  may  be  spread  across  two  periods:  2010  (entry  into  force  of  the 
Regulation)  –  2013  (deadline  for  validating  proposals  for  the  creation  of  freight 
corridors of the Member States); and after 2013. This statement relates to the period 
2009-2013  and  2014-2015,  years  for  which  the  financial  implications  may  be 
repeated in subsequent years. 

3.3. 

Budgetary characteristics 

Budget line 

Type of expenditure 

New 

EFTA 
contribution 

Contributions from 
applicant countries 

Heading in 
financial 
perspective 

NCE 

NDA14  NONE 

NONE 

NONE 

NONE 

NCE 

DA 

NONE 

NONE 

NONE 

NONE 

14 

Non-differentiated appropriations. 

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4. 

SUMMARY OF RESOURCES 

4.1. 

Financial resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

EUR million (to 3 decimal places) 

2010 

2011 

2012 

2013 

2014 

2015 

Total 

Type of expenditure 

Section 
No 

Operational expenditure15 

Commitment Appropriations 
(CA) 

8.1. 

Payment Appropriations 
(PA) 

a 

b 

Administrative expenditure within reference amount16 

Technical and administrative 
assistance (NDA) 

8.2.4. 

c 

TOTAL REFERENCE AMOUNT 

Commitment 
Appropriations 

Payment appropriations 

a+c 

b+c 

Administrative expenditure not included in reference amount17 

Human resources and 
associated expenditure 
(NDA) 

Administrative costs, other 
than human resources and 
associated costs, not 
included in reference 
amount (NDA) 

8.2.5. 

d 

0.183  0.183 

0.183 

0.183 

0.122 

0.122 

0.976 

8.2.6. 

e 

0.08 

0.08 

0.08 

0.08 

0.06 

0.06 

0.44 

Total indicative financial cost of intervention 

TOTAL CA including cost 
of Human Resources 

TOTAL PA including cost 
of Human Resources 

a+c
+d+
e 

b+c
+d+
e 

0.263  0.263 

0.263 

0.263 

0.182 

0.182 

1,416 

0.263  0.263 

0.263 

0.263 

0.182 

0.182 

1.416 

15 
16 
17 

Expenditure that does not fall under Chapter xx 01 of the Heading xx concerned. 
Expenditure within Article xx 01 04 of Heading xx. 
Expenditure within Chapter xx 01 other than articles xx 01 04 or xx 01 05. 

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Co-financing details 

If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please 
specify  which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in 
the table below (additional lines may be added if different bodies are foreseen for the 
provision of the co-financing): 

Co-financing body 

Year n

n+1 

n+2 

n+3 

n+4 

n + 5 
and 
later 

Total 

EUR million (to 3 decimal places) 

…………………… 

TOTAL CA including co-
financing 

f 

a+c
+d+
e+f 

4.1.2.  Compatibility with Financial Programming 

X 

The proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement18 (i.e. flexibility instrument or review of the financial perspective). 

4.1.3.  Financial impact on Revenue 

X 

Proposal has no financial implications on revenue 

(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[Year 
n] 

[n+1] 

[n+2] 

[n+3] 

[n+4] 

19

[n+5]

Prior to 
action 
[Year n-
1] 

a) Revenue in absolute terms

b) Change in revenue 

 ∆ 

18 
19 

See points 19 and 24 of the Interinstitutional Agreement. 
Additional columns should be added if necessary i.e. if the duration of the action exceeds six years. 

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4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

Year 
2010 

n+1 

n+2 

n+3 

n+4 

n + 5 
and 
later 

Total number of staff 

1.5 

1.5 

1.5 

1.5 

1.5 

2 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

Evaluation  of  the  proposals  for  the  creation  of  freight  corridors  and  verifying  the 
implementation of the provisions of the proposal. 

5.2. 

Value-added  of  Community  involvement  and  consistency  of  the  proposal  with 
other financial instruments and possible synergy 

The  development  of  rail  freight  presupposes  the  provision  of  good-quality  and 
reliable infrastructure undertakings managed in accordance with international logic, 
where  necessary.  In  order  to  respond  to  this  challenge,  Community  action  seems 
needed to improve and give a structure to cooperation between national infrastructure 
managers and, in broader terms, infrastructure management.  

The  implementation  of  the  proposal  should  also  contribute  to  optimal  use  of  the 
transeuropean transport network and greater efficiency of the TEN-T programme. 

5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

To ensure the implementation of the internal market in transport services. 

The proposal asks Member States to create international railway corridors to ensure 
competitive  freight.  The  functioning  of  these  corridors  is  based  on  four  principles: 
improving coordination of the operation of infrastructures; coordinating investment; 
developing  intermodal  connections;  the  transparency  of  information  concerning  the 
conditions of access to the infrastructure; more favourable treatment of freight along 
these axes. 

The  committee  set  up  by  the  proposal  for  the  Regulation  will  be  involved  in  the 
selection of the corridors and, where necessary, in the regulatory procedure. 

5.4.  Methods of Implementation (indicative) 

(cid:133)  Centralised management 

(cid:133) 

(cid:133) 

directly by the Commission 

indirectly by delegation to: 

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(cid:133) 

executive Agencies 

(cid:133) 

bodies set up by the Communities as referred to in Article 185 of 
the Financial Regulation, 

(cid:133) 

national public-sector bodies/bodies with public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member States 

(cid:133)  with third countries 

(cid:133) 

Joint management with international organisations (please specify) 

Relevant comments: 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

The  monitoring  and  implementation  of  the  provisions  will  be  carried  out  by  DG 
TREN and by the committee referred to in the proposal. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

The legislative proposals have been drawn up on the basis of the report by the group 
of experts that the Commission brought together and consulted during the first half of 
2008 (this report will be published simultaneously with the proposal). 

Furthermore, a study of the impact of the proposed provisions has been carried out 
and validated during the 3rd quarter of 2008. 

6.2.2.  Measures taken  following  an  intermediate/ex-post evaluation (lessons learned from 

similar experiences in the past) 

The  proposal  is  also  based  on  the  experience  gained  from  priority  corridors  in  the 
deployment  of  ERTMS,  so-called  ERTMS  corridors  (see  impact  study  for  the 
proposal). 

6.2.3.  Terms and frequency of future evaluations 

The proposal provides for an evaluation of its implementation every two years. 

7. 

ANTI-FRAUD MEASURES  

Not applicable. 

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8. 

DE TAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

Not applicable. 

8.2. 

Administrative expenses 

8.2.1.  Number and type of human resources 

Types of post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

Year 2010 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 

1 

0.5 

1 

0.5 

1 

0.5 

1 

0.5 

1 

1 

Officials or 
temporary 
staff20 (XX 01 
01) 

A*/AD 

B*, 
C*/AST 

Staff financed21 by 
Article XX 01 02 
Other staff financed22 by 
Article XX 01 04/05 

TOTAL 

1.5 

1.5 

1.5 

1.5 

1 

1 

8.2.2.  Description of tasks deriving from the action 

The Commission will be responsible for three main tasks: 

-  evaluating  proposals  for  the  creation  of  freight  corridors  drawn  up  by  the 

Member States; 

- supervising the implementation of the provisions of the proposal; 

- drawing up reports on the implementation. 

8.2.3. 

Sources of human resources (statutory) 

X 

(cid:133) 

(cid:133) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next SPA/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  service  concerned 
(internal redeployment) 

20 
21 
22 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included in the reference amount. 

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(cid:133) 

Posts required for year n, although not foreseen in the APS/PDB exercise of the 
year in question 

8.2.4.  Other  administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

Budget line (number and heading) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 
and 
later 

TOTAL

EUR million (to 3 decimal places) 

1 Technical and administrative 
assistance (including related staff costs) 

Executive Agencies 

Other technical and administrative 

assistance 

-intra muros 

-extra muros 

Total technical and administrative 
assistance 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

Type of human resources 

Year 
2010 

Year n+1  Year n+2  Year n+3  Year n+4  Year n+5 
and later 

EUR million (to 3 decimal places) 

Officials and temporary staff (06 01 
01) 

Staff financed by Art XX 01 02 
(auxiliary, SNEs, contract staff, etc.) 

(indicate the budget line) 

Total cost of human resources and 
associated costs (NOT included in 
reference amount) 

0.183 

0.183 

0.183 

0.183 

0.122 

0.122 

0.183 

0.183 

0.183 

0.183 

0.122 

0.122 

Calculation– Officials and Temporary agents 

Staff  and  financial  requirements  are  covered  by  the  allocation  which  can  be  granted  to  DG 
TREN within the framework of the annual budget exercise, taking budgetary constraints into 
account.  

EN 

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Calculation – Staff financed under Article XX 01 02 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

Year 
2010 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 
and 
later 

TOTAL 

0.08 

0.08 

0.08 

0.08 

0.06 

0.06 

0.42 

0.08 

0.08 

0.08 

0.08 

0.06 

0.06 

0.42 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees 

XX 01 02 11 04 - Studies and consultations 

XX 01 02 11 05 - Information systems 

2  Total other management 

expenditure (XX 01 02 11) 

3  Other expenditure of an 

administrative nature (specify 
including reference to budget line) 

Total administrative expenditure, 
other than human resources and 
associated costs (NOT included in 
reference amount) 

Calculation- Other administrative expenditure not included in reference amount 

EN 

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