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The regulatory framework of the Italian railways: an outline of the main aspects

The regulatory framework of the Italian railways: an outline of the main aspects. Angela Stefania Bergantino (University of Bari). First Conference on Railroad Industry Structure, Competition and Investment “Round Table” IDEI, Tolouse (France) 7-8th November 2003. Main characteristics.

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The regulatory framework of the Italian railways: an outline of the main aspects

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  1. The regulatory framework of the Italian railways: an outline of the main aspects Angela Stefania Bergantino (University of Bari) First Conference on Railroad Industry Structure, Competition and Investment “Round Table” IDEI, Tolouse (France) 7-8th November 2003

  2. Main characteristics • Structure: Unbundling (separation within same group): • FS holding: Trenitalia (services) & RFI (infrastructure) & other companies • Services: • Access: open access with licence (35 licences  80% freight) • Freight: completely liberalised (but only  2-3% third operators) • Passengers: • Regional-local service obligation: direct assignment; competitive tendering (continuously postponed  2005); • Medium-long distance: formally open access (with licence); • Medium-long distance public service obligations (night-car): direct assignment;competitive tendering (1/1/2006). • Licencing body: Ministry of transport (MT) • Rolling stock: owned by Trenitalia (Antitrust: no essential facility in local service tendering – Boll.26/03) • Service tariffs: regulated by CIPE with the support of NARS;

  3. Main characteristics • Infrastructure: • Infrastructure manager: exclusive rights to RFI (until 2060) • Path allocation: RFI • Determination of access charge structure and procedure: CIPE with the support of NARS (inspiration to marginal cost pricing) • Informational Network Prospect: RFI (since 2001) • Calculation & collection of charge: RFI • Freight terminals: owned by RFI  rented directly to Trenitalia  Antitrust (Boll.32/03) • “Regulatory organisation” (art. 30 D. 14/01): Ministry of Transport (DL.188/03)

  4. Other Ministries Regulator Ministry of Finance Ministry of Transport CIPE Railway regulation in Italy • Services: • Criteria for the determination of tariffs; • Approval of service contract (service obligation and remuneration) • Investment plan of Trenitalia NARS Evaluations, guidelines & proposals • Infrastructure: • Criteria for the determination of access charges; • Criteria for the allocation of slot; • Approval of Railway Network Plan (every two years) • Approval of concession contract (done) • Investment plan of RFI NO TRANSPORT AUTHORITY

  5. Other Ministries Regulator Ministry of Finance Ministry of Transport CIPE Owner 100% Business Plan Technical & safety regulation Access charges Access rules Invest. plan Evaluations & proposals NARS Stakeholder FS – holding RFI Trenitalia Other companies Access charges Access rules Investment Plan quality Service Contract Price cap Service obligations Railway regulation in Italy 2004 - “Regulatory Organisation” “Consumer” protection Concession (60 years) licence

  6. The latest changes 1) railway services: proposal for new regulatory guidelines by NARS • A new price-cap 2) railway infrastructure: • Implementation of the EU directives

  7. X Inflation (adj. RPI) Quality Gap-recovery Adjustment factor Services: the new price-cap(september 2003) 1) Global price cap: it includes all services, discounts, special fees (leaves greater commercial freedom, safeguards consumers,provides for the inclusion of High Speed services, might facilitate discriminatory pricing); 2) It allows to obtain a “fair remuneration of capital” (wacc) & provides a system of incentives for capital remuneration; 3) Provides for a system of premium/penalty for quality changes

  8. Infrastructures: the new regulation of railway network - Decree 188/2003implementation of EU directives (12-13-14/2001) • Extension of the applicability of the provisions to the regional network where it is connected to the national (free access, separation); • Introduction of the “authorised applicant” (extension to subjects who are not railway undertakings)*; • All licence holders can supply all-national passenger and/or freight services; • New guidelines on track access charges and their determination (Ministry of Finance & Ministry of Transport with approval of CIPE ( NARS); • Regulatory Organisation: Ministry of Transport • Allocation of infrastructure capacity remains with RFI (Infrastructure manager - art.4 D. 14/01); • Art. 20 – it allows one year from the implementation of the law (october 2004) to RFI to assign to an independent third party the services included in the annex II.2 of D.14/01. • Trenitalia as the exclusive right to manage the majority of the freight terminals (61) on the territory: Antitrust case (boll. n.32/03)

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