Ministry of Infrastructure
and Water Management

> Return address Postbus 20904 2500 EX Den Haag

European Commission
DGMOVE
Director land transport Elisabeth Werner

Bestuurskern
Dir.Openbaar Vervoer en
Spoor
Veiligheid en Goederen
Den Haag
Postbus 20904
2500 EX Den Haag

Date
Subject

31 January 2020
EC evaluation rail freight corridors Regulation
(EU)913/2010

Our reference
IENW/BSK-2020/8747

Dear Ms. Werner,
With this letter I want to react on the ongoing EC evaluation on the rail freight
corridors regulation. I would like to thank you for the strong support the European
Commission has Biven for the development of international freight. Development
of European rail freight corridors is a key element in the national rail freight
strategy of the Netherlands and should be also a key element in the
implementation of the European Green Deal. So far the progress on development
of rail freight has been mixed, where the potential of rail freight contributing to
the goals of climate change policy, railway safety and creating hinterland
connections of European ports remains substantial. Therefore continued action is
needed from all porties.
Success of the rail freight corridors largely depends on the efforts by the
stakeholders, in particular infrastructure managers. The Netherlands participated
in the rail freight corridor Rotterdam-Genoa where cooperation dated back to
2003. The European regulation from 2010 greatly helped to create a stable
governance structure and to have a coherent network of rail freight corridors
throughout Europe. The 2016 Ministers declaration "Rail freight corridors to boost
international freight" developed under Dutch EU presidency signalled the value of
the rail freight corridors, their mid-term agenda and the need of cooperation
among rail freight corridors. The implementation of the Rotterdam declaration
which is a cooperation between sector, Member States and European Commission
must be continued and needs support from all stakeholders concerned. Regulatory
enhancements at EU level, including the possible revision of the RFC regulation,
should support this process of implementation but not slow down this
implementation.

For the next phase (2020-2030) I would like to mention the following challenges
where the rail freight corridors should play a key role:
•
(1) Ensuring sufficient attractive infrastructure capacity offer to railway
undertakings and its customers;
•
(2) Enhancing international capacity allocation for rail freight;
•
(3) Reducing operational costs of railway undertakings by removing border
crossing obstacles (issue log);
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(4) Enhancing interoperability in particular ERTMS implementation and
creating benefits for railway undertakings.
(5) Digitalisation and quality;

For the challenges mentioned above the rail freight corridors need to have a
strong coordination task, which means that decisions have to be made in
consensus between Infrastructure Managers and Member States representatives
concerned. For allocation of international freight capacity, particularly in the
operational phase, we recommend the EC explores the option of an European
capacity allocation body which takes over the role of the RFC OSS's.
In the annex to this letter some suggestions are given on the further development
of rail freight corridors regarding its governance and possible role of the rail
freight corridors to meet the aforementioned challenges. The suggestions are
mere objectives, action to achieve at European level. Where regulatory action at
EU level, including possible revision of the regulation, is needed, it should take
account i.a. of the following considerations:
•
Accelerating and not slowing down the pace of implementation of the
Rotterdam declaration actions. Is the sector able to achieve the changes
themselves in a timely manner.
•
Need of legal certainty for railway undertakings and stability of the
applicable framework for allocation of international freight capacity and
traffic control.
•
(Administrative and other) costs and benefits expected by preparing
regulatory changes compared to a purely sector (including the functioning
of RFC's) driven approach.

Bestuurskern
Dir.Openbaar Vervoer en
Spoor
Veiligheid en Goederen

Date
15 January 2020
Our reference
IENW/BSK-2020/8747

This letter cannot prejudge any future decision making on future legislative
developments. May I thank European Commission for the high priority it gives to
the development of the rail freight corridors and the very good cooperation with
your colleagues.

Yours sincerely,

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ssiz

~St'

Annex with suggestions for further development
Governance of RFC's
•
RFC's have worked to bring Member States, infrastructure managers and
sector together working on improving specific traffic flows. Corridors are
rather flexible and targeted instrument where Member States are
motivated to improve international rail freight.
•
Confirm governance of RFC's by mandatory of objectives and
implementation measures including its calendar. The implementation
measures shall also include the publication of bi-annual executive board
action plan for the rail freight corridor to enhance capacity,
interoperability, access and quality to the rail freight corridor ;
•
Keep — reinforce RFC's institutional framework (executive board /
management board) at least for the following objectives:
o
Infrastructure planning coordination. Implementation of 740m
train length and P400 train profile are clear examples of needed
coordination. And reinforce relation with TEN T core network
corridors; the rail freight corridors could be tasked to identify
infrastructure bottlenecks and priorities for the respective TEN T
core network corridors;
o
Define a strategy of infrastructure allocation on their corridor.
Timetable redesign assumes capacity strategies and capacity
models for individual infrastructure managers networks. RFC's
must have a role of consistent aligned capacity roodels for their
RFC. The operational phase of international capacity allocation for
freight can be at European level (e.g. RailNetEUrope), which would
mean an integration of the C-OSS's;
o
Coordinate interoperability implementation on the corridor (this
ERTMS implementation), resolve operational technical barriers on
the corridor (supported by EC issue log initiative);
•
Facilitate the continuation of European network of executive boards and
European network of management boards <RailNetEurope> of the RFC's
with alternative Member States / Infrastructure managers chairing the
fora. The networks should be well aligned with the agenda of the
cooperation framework at EC level (SERAC RFC);
•
Make one advisory group for railway undertakings and one for terminals
operational at EU level and optional at corridor level. Ensure that advisory
groups deliver mandatory recommendations and replies. Presently railway
undertakings and terminals are bringing their largely identical issues at
multiple corridor tables.
•
Infrastructure Managers are working successfully together at EU level,
within RailNetEurope. The decision RNE takes, e.g. on handbook
International Contingency Management, must be implemented for all
RFC's. Presently there are insufficient possibilities to reinforce those
"industry standards", so that railway undertakings can rely upon them
Some of those standards could be set in EU legislation (e.g. customer
information document, contingency management, customer information
document) whereas other standards (..) could remain industry standard
only;

Bestuurskern
Dir.Openbaar Vervoer en
Spoor
Veiligheid en Goederen

Date
15 January 2020
Our reference
IENW/BSK-2020/8747

Challenge (1): ensuring sufficient attractive infrastructure capacity offer
to railway undertakings and its customers;

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•
•
•

Monitoring and supervision of coordination of infrastructure works;
Enhanced contingency management between Infrastructure Managers and
Railway Undertakings;
Coordination with TEN-T coordinator on identification of RFC infrastructure
enhancement projects

Bestuurskern
Dir.Openbaar Vervoer en
Spoor
Veiligheid en Goederen

Date
15 January 2020

Challenge (2): enhancing international capacity allocation for rail freight;
Results of the evaluation of regulation 913/2010 and possible proposals to revise
this regulation must include the full framework to implement Time Table Redesign
by December 2024 also where this concerns capacity allocation for passenger
transport. So in case directive 2012/34/EU should be amended for TTR this should
be a combined package.
•
Facilitate rolling planning (allocation for up to 3 years period)
•
Include all international rail freight transport in the (corridor) allocation
framework. Present situation that only about 20% of all international
freight in the form of PaP's is included in the C-OSS supply is not
sustainable;
•
Develop attractive market oriented capacity products for stable markets
("enhanced PaP's) and ad hoc markets;
•
Explore the concept and assess explicitly to move to one operational
European allocation body for international rail freight. The role of the
corridors here could be to define the capacity strategy and model on its
corridor.

Our reference
IENW/BSK-2020/8747

Framework Capacity Allocation (art 14.1)
The FCA has worked rather well to harmonize the procedures of the C-OSS in all
the RFC's and has been harmonized at all RFC level since 2015. Decisions taken
on the basis of the FCA have not been contested successfully by regulators or
courts and Member States in the NexBo noted satisfaction with the priority rules
included in the FCA. The FCA (priority rules) and its legal form may have to be
revised in view of the Time Table Redesign.
For further development NL seeks ways to ensure that:
•
Legal status of FCA needs be clarified, is it part of European law? In case
of conflicts the national regulator (of the seat of allocation body / C-OSS)
must remain competent and legal cases must be able to bring to the
European Court of Justice
•
Adaption of the FCA in view of the needed implementation of Time Table
Redesign by December 2024;
•
There will be one FCA for all RFC's or FCA remains harmonized at all RFC
level;
•
Flexibility to update the FCA must remain in such a way that FCA can be
updated on annual basis where necessary;
•
FCA shall include all international rail freight on the corridors and may
include rules for capacity allocation of all railway traffic types including
passenger transport on the RFC lines and may also include rules for traffic
management

Challenge (3): Reducing operational costs of railway undertakings by
removing border crossing obstacles (issue log);
•
Define operational barriers at corridor level and an RFC executive board
action program to alleviate those barriers;
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•

Involve National Safety Authorities plus EU Railway Agency in the work of
the corridors by offering support in resolving interoperability and
operational barriers questions

Challenge (4): Enhancing interoperability in particular ERTMS
implementation and creating benefits for railway undertakings.
•

•

Bestuurskern
Dir.Openbaar Vervoer en
Spoor
Veiligheid en Goederen

Date
15 January 2020
Our reference
IENW/BSK-2020/8747

RFC's have the task to monitor implementation of interoperability including
ERTMS of their corridor and report to their executive board. The monitor
efforts should explicitly also cover border crossing issues;
RFC's will continue to inform railway undertakings on ERTMS infrastructure
roll out planning on ETCS requirements for OBU's including financing /
specification / procurement / testing and authorization aspects. RFC's
have a platform task to support aligned national strategies in this regard.

Challenge (5):Digitalisation and quality;
•
Create with ERA an overview of data standards and ontology relevant for
rail freight to enhance digitalization and use of data;
•
Mandate Infrastructure Managers to share data with railway undertakings,
terminals, shippers / operators in order to improve efficiency;
•
Set up strategic roll out plan of TAF TSI compliant data policy and
information systems to facilitate commercial use of data on ETA / train
composition/ consignment notes / dangerouos goods transport
information;
•
Support (corridor) quality groups working on the basis of EU harmonized
data standards / ontology. This could be done by reinforcing (by
regulatory, financially or expertse sharing approaches) a Quality Charter
or management system with participation of all stakeholders.

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