Negotiators from the European Parliament and the Council of the European Union reached agreement on a number of points relating to the Regulation on the use of rail capacity at a third meeting (‘trilogue’) on Tuesday 10 June (see EUROPE 13429/6). However, a number of points remain unresolved.
Presented in July 2023 by the European Commission (see EUROPE 13220/21) as part of the legislative ‘package’ on the greening of freight, this text aims to change the way rail is managed and improve cross-border coordination.
According to a parliamentary source contacted by Agence Europe on Wednesday 11 June, the co-legislators have agreed on the strategic guidelines. Parliament accepted the EU Council’s position on traffic volumes, timetables and pre-planned capacity, but not on all capacity. It has imposed conditions on leaving an operating margin for infrastructure managers. According to another parliamentary source contacted on the same day, the Regulation will include a new Article 3a providing for the possibility of imposing certain binding requirements with safeguards. In addition, the Member States will have to coordinate their strategic guidance.
In addition, the negotiators reached an agreement on the creation of a European Railway Platform, a strong demand from Parliament, and also on the creation of an Advisory Performance Panel. This would replace an independent assessment body called for by Parliament, to help guarantee stable and predictable multiannual funding for infrastructure managers to plan works.
Finally, Parliament and the EU Council have also reached agreement on the operational, socio-economic and environmental criteria: the definition of these criteria has been extended to include the operational dimension. These criteria will be used as a method of resolving disputes as a last resort.
However, there are still a number of sticking points, in particular: - the translation of the European Network of Infrastructure Managers (ENIM) frameworks into an implementing act by the European Commission; - financing; - the question of the chairing of the European Network of Rail Regulatory Bodies (ENRRB); - the extension of the duties of the European Union Agency for Railways, as requested by Parliament.
For the ENRRB, the EU Council prefers a rotating presidency of national regulators, while Parliament wants the Commission to continue to hold the presidency, as it already does.
The co-legislators still have to address: - penalties and compensation; - military mobility and security; - digitalisation; - implementation dates, definitions, recitals, and annexes.
The date of the next trilogue is not yet known. (Original version in French by Anne Damiani)