EC Warns EU Member States Over 'First Railway Package' Violations
October 12, 2009 // Published as a news service by IHS
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On Oct. 8, the European Commission (EC) sent reasoned opinions to 21 European Union (EU) member states regarding their failure to properly implement the legislation known as the "First Railway Package."
According to the EC, important issues remain to be resolved for opening up the railway markets to competition in Austria, Belgium, the Czech Republic, Germany, Denmark, Estonia, Greece, Spain, France, Hungary, Ireland, Italy, Lithuania, Luxembourg, Latvia, Poland, Portugal, Romania, Sweden, Slovenia and Slovakia.
After sending letters of formal notice to 24 member states in June 2008, the EC began discussions with all offending member states, aimed at identifying possible solutions.
Despite progress made by most such states, the EC said the majority still do not fully comply with the relevant EU directives (Directive 91/440/EEC as amended, Directive 95/18/EC as amended and Directive 2001/14/EC).
According to the Oct. 8 reasoned opinions, these EU member states should go further in the reform of their railway systems, for the benefit of both railway undertakings and consumers. The EC highlighted such shortcomings as:
- Lack of independence of the infrastructure manager in relation to railway operators.
- Insufficient implementation of the provisions of the directive on track access charging, such as the absence of a performance regime to improve the performance of the railway network, the lack of incentives for the infrastructure manager to reduce costs and charges, and tariff systems based on the direct costs of rail services.
- Failure to set up an independent regulatory body with the necessary powers to remedy competition problems in the railway sector.
Source: European Commission (EC).