Brussels, 27/02/2004 (Agence Europe) - Liberalising international passenger rail transport whilst reinforcing passengers' rights, improving the quality of international goods transport (freight), imposing a single licence for train drivers: these are the proposals of the third rail package, to be presented by the European Commission on 3 March. The objective is to complete the integration of the European rail market, which started with the first package (which should have been transposed on 15 March 2003) and the second (under conciliation), to make rail transport more attractive and competitive compared to other modes of transport.
Liberalising passenger rail transport: the Commission plans to open international passenger rail transport, including cabotage, to competition on 1 January 2010, in order to allow a rail company offering international services to pick up and drop of passengers between two stations on an international route, including between two stations in one Member State. A Member State may, however, limit access rights for rail services between two locations served by a public service contract. The Commission must report back by 31 December 2012 on the application of the directive. The European Parliament has long been calling for liberalisation of passenger rail transport, and has been a sticking point between Parliament and Council in the conciliation underway (see EUROPE of 5 February, p.11 and of 29 January, p.13).
Certification of train drivers: in order to improve rail safety and the mobility of train drivers in the EU, the proposed directive provides for the introduction of the "general" licence for all drivers fulfilling certain criteria (age, medical aptitude, professional experience, language skills) recognised throughout the Community, and "specific" certificates awarded by the rail company employing the driver depending on specific skills (material used, infrastructure or journey). A system of controls and sanctions will be brought in. The Commission plans a gradual entry into force, as the proposal will apply firstly to cross-border drivers (2008-2010); then to all drivers and agents involved in driving (2015).
Reinforcing the rights and obligations of passengers: The Commission is planning a Community framework guaranteeing "minimum" rights (such as access to information on travel and tariffs) and a system of railway liability and levels of compensation for passengers in case of accident, incident, delay or cancellation. The proposed regulation also provides obligations for passengers (such as refraining from behaviour that may disturb staff or other travellers), and sanctions if necessary, such as not being allowed to continue their journey. In case of death or injury, the railways will have unlimited liability. In case of damage to luggage, compensation will vary from 1,200 to 1,800 EUR. In case of delays, passengers will be able to request compensation from 50 to 100% of the price of the transport and receive free assistance (refreshments, telephone, accommodation). The proposal contains provisions for people of reduced mobility (such as the obligation of assistance to get in and out of trains).
Improving performance of rail freight: in order to guarantee a kind of "minimum quality service" for national and international rail freight services in the EU, the proposed regulation provides minimum obligatory clauses in transport contracts. In these contracts, both parties will have to agree on quality criteria (delivery time and information in case of delay), compensation amounts in case of disputes (due to the railway or the client), and a control system. In case these obligations are not respected, contracts will be considered null and void. Exemptions to the liability of the contracting parties will be provided for, notably in cases of force majeure. Contracting parties will be allowed to set compensation sums themselves beforehand, but the proposal will set levels: 75 EUR per kilogram in case of loss of damage to a good, between 5% and 25% of the price of transport in case of delay, and 20% to 30% of cancellation.