Brussels, 26/06/2007 (Agence Europe) - This really is a success for the German presidency, which, once again has managed to close one of its priority dossiers. After three years of debate and a happy conclusion in conciliation, confirmed by an exchange of letters on 21-22 June, the Parliament and Council have taken another step towards the opening up of the railway market and harmonisation of European passenger rights. Formal adoption of the third railway package by the Council is expected to take place at the beginning of the autumn.
The text to the agreement in conciliation has still not been published but a brief insight into the total package is as follows. It consists of two directives (development of Community railways and train driver certification) and a regulation on passenger rights and obligations. The directive on developing Community railways opens the way to competition on the internal railway passenger market from 1 January 2010 (with a 2 year transition period for states in which international passenger transport represents more than half of the railway companies' turnover. It also resolves the question of charges for using railway infrastructure. Member states will be able to authorise a competent authority to charge for passenger transport services on their territory, as a contribution to funding public service obligations. Public service contracts can also be awarded to international corresponding lines on the condition that they do not hamper the general principle of open markets and free access, and that they are necessary to the economic balance of the region concerned. Member states will therefore be able to grant public service contracts for regional links (Barcelona-Madrid) without having to ban international trains (Cologne-Madrid) using this route and serving Madrid and Barcelona stations. Cabotage (being able to serve different stations on the territory of the same country) is therefore recognised and even accepted on the imperative condition of certain services being profitable (legislators estimate that on the Cologne-Brussels link, it is between Liège and Brussels where the number of passengers is at its highest) but only for international lines defined as those ensuring a link between two stations in different countries.
On 31 December 2012, the Commission is expected to present an assessment report on the application of this directive, and evaluate the possibilities for an additional opening up of the railways (liberalisation of the national passenger transport markets as sought by the Parliament in first reading).
In the context of the regulation on passenger rights and obligations, the compromise between Parliament and the Council excluded from its field of application, passengers on underground, urban and regional journeys, except for minimum passenger rights. Therefore, similarly to airline passenger rights, the regulation includes, for all passengers, compensation in the event of delay, including delays that lead to other trains being missed, indirect damages due to delays, a missed train or the cancellation of services, injury or death of the passenger. Passengers will need to be informed about the railway companies' responsibilities in the event of loss of luggage, injury or death of passengers. In the latter, no financial limit will be set on the company's liability. The company will also be obliged to pay any charges within at least two weeks after the identification of the victim, for immediate economic requirements (this compromise stipulates that this provision will not apply to suburban, urban and regional passengers). Railway companies will also be obliged to ensure assistance in the event of delays or train cancellations and to disabled persons (EUROPE 9450).
Train driver certification - certificates will confirm driver qualifications, training, experience and competencies. They will also be applicable to onboard personnel carrying out security based tasks (EUROPE 9450). Certificates will also be subject to the principle of mutual recognition in member states.
On behalf of the presidency of the German federal ministry of transport, urbanism and construction, Wolfgang Tiefensee was pleased to state in a press release published on Monday 25 June that “the successful conclusion of conciliation on the third railway package will significantly stimulate European railway transport”. Tiefensee added that after the dossier's entry into force, “passengers will be entitled to refunds of 25% of the ticket prices for the first hour of delays”. This amount will be doubled for delays of more than two hours. (aby)