Brussels, 23/11/2000 (Agence Europe) - Wednesday evening, the European Parliament and Council reached agreement in the framework of the conciliation procedure, that will allow for the opening up to competition of rail freight transport in 2003 on the Trans-European Rail Network, or 90% of international freight traffic by rail, and, in 2008 the freight network as a whole. The Commission, moreover, undertook to present further measures next year for the opening up to competition of passenger transport by rail. The agreement, which the two institutions will have to ratify within six weeks, "will allow for the creation of a genuine European railway network", the European Commissioner for Transport Loyola de Palacio, commented on Thursday. The aim is to enhance the attraction or rail in relation to road for the transport of goods, she stressed. Today, rail only covers 8.5% of the freight transport market, against 21% in 1970, she recently recalled.
Conciliation allowed for a compromise between the more liberal position defined by Parliament (Jarzembovski Report) and the minimum formula that the Council adopted in December 1999. The French Socialist group in the EP published a press release on Thursday in which it welcomes the "political conclusion of this issue (which) represents a frank success for the French Presidency, in which the French Socialists played a major role.
The "rail package", revolving around four directives, provides for:
- The independence of organisations responsible for managing the infrastructures; Amended Directive 91/440 provides for the creation in each Member state of an independent authority responsible for guaranteeing fair and non-discriminatory access to rail infrastructures. It will also render compulsory the separation, at least of the accountancy, of the rail infrastructure management activities and services activities, as well as between the more commercial activities (freight) and those more turned towards the public service (passengers). The Council had provided for exemptions for Ireland, Northern Ireland, Greece, Luxembourg and Austria. Under the terms of the agreement with Parliament, the exemption granted to Luxembourg will expire in august 2004, the ones granted to Ireland, Northern Ireland and Greece have been granted for five years, renewable with the Commission's approval. Austria renounced its exemption.
- Guaranteed access to the network for the holders of rail licences. By amending Directive 95/18, the new legislation will impose recognition in all Member States of rail licences issued by a Member State to companies engaged in the international transport of freight. These licences in principle guarantee the company the right of access to rail infrastructures throughout the Trans-European Netowork. "The flaw, one Commission expert admits, is that companies will also have to obtain a safety certificate, which, for its part, will continue to be issued at national level, which could lie at the root of discrimination". The Commission intends proposing measures next year to ensure the harmonisation of safety certification, notably through the creation of a body responsible for drawing up common safety standards. Meanwhile, Member States must ensure that certificates are issued by bodies independent of the rail companies.
- Parliament was also calling for network access to be guaranteed not only for freight on the Trans-European Rail Network, but for all tracks as from 2005 already, and from 2010 for passenger transport. The compromise provides for the opening up to freight throughout the network seven years after the directive takes effect and the Commission has undertaken to present proposals for passengers.
- A uniform system for allocations and fees for the use of infrastructures. The future European legislation provides for the providers of infrastructures having to publish a "network reference document" every year which will explain conditions of access to infrastructures, for example in terms of the distribution of lines between passenger and goods trains. The body responsible for capacity distribution may not itself be a provider of transport services. Infrastructure access fees will be set on the basis of "marginal" costs, i.e., costs directly linked to railways operation. The directive will allow for increases in the basic fee, on condition that the principles of transparency and on-discrimination are respected. Parliament secured that the directive should stipulate that, "in the long-run", fees will have to include all the costs, including those linked to investments.
- Technical harmonisation of the networks. In November 1999, The Commission proposed a directive on the interoperability of conventional railways, allowing for the harmonisation of European standards for new infrastructures. This additional directive is undergoing "second reading" in Parliament.
