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4 th Railway Package “ Open, Flexible, Interoperable”

4 th Railway Package “ Open, Flexible, Interoperable”. Carmen Filipescu Director REGIOTRANS. Zilele Feroviare Alba Iulia, 9-10 Aprilie 2014. The 3 Pillars of the 4 th Package. Encourage market by reducing administrative/ technical barriers

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4 th Railway Package “ Open, Flexible, Interoperable”

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  1. 4th Railway Package “ Open, Flexible, Interoperable” Carmen Filipescu Director REGIOTRANS Zilele Feroviare Alba Iulia, 9-10 Aprilie 2014

  2. The 3 Pillars of the 4th Package Encourage market by reducing administrative/ technical barriers …by establishing procedures for rail interoperability and safe; Increase the competitive pressure on the market …by opening domestic passenger markets Create a better structures and governance for infrastructures managers …by ensuring non discrimination and a better governance of railway infrastructure;

  3. Content of 4th Railway Package • Directive for modification of Directive 34/2012 “Single European Rail Network” • Regulation for recast of the Reg.1370/2007 “Public service obligation ” • Directive reforming the Interoperability of the railway transport in EU • Directive reforming the safety in the railway • Regulation on European Railway Agency and for abrogation of Reg. 881/2004 • Regulation for abrogation of Reg 1192/69/CEE ,standardisation of the railway undertakings accounts.

  4. 1. EUROPEAN RAIL AGENCY(ERA) New Regulation Additional competences and strengthening power for ERA as “one stop shop” on: • vehicle authorization for rolling stock put in place; • safety certification for railway undertakings; • Consultation / conciliation

  5. 2. OPEN DOMESTIC RAIL PASSENGER MARKETS 2 a ) Open access to the rail infrastructure for the purpose of operating domestic passenger services • Ensure the economic equilibrium of public services where necessary • Compulsory competitive tendering procedure for public services contracts

  6. 2 b ) How to ensure effective competition ? Competent authorities will ensure fair access to rolling stocks so that new entrant operators are able to take part in tender Competent authorities shall make available all information for establishing a bid Positive network effects will be preserved by integrating schemes between operators

  7. 3.BETTER GOVERNANCE FOR INFRASTRUCTURE 3a ) Efficient measures for open access All infrastructure manager functions in same hands ( unified IM ) Coordination body for infrastructure managers and users Establish a network of IMs for international coordination

  8. 3 b) Equal access measures • Institutional separation as a general rule to stop conflicts of interest • Maintaining integrated structures only under strict independence rules for management and financial flows ( “chinese walls “) • Strict process of verification of compliance allowing Member States to protect their market

  9. Compromise voted in TRAN Committee of European Parliament • A)on the governance • Confirmation of unified infrastructure manager • Confirmation of “chinesewalls”for financial flows • On management independence, requirement that railway regulator sets legally guidelines on” chinese walls”

  10. Compromise voted in TRAN Committee of European Parliament B) On Public Service Obligation • PSC directly awarded only if it achives certain efficiency and performance requirements based on Public Transport Plan ( max duration 9 years ) • Tendering obligation from 3 dec.2022 • Direct award to internal operators alsof or regional and national authorities

  11. Bad compromises on : • Governance • ” Ticketing”- generally confused and risky ( except clear provision for integrated sale for PSO) • ENIM • Social conditions ( bad articulation between rules ) • Reciprocity on open acces ( internal/ external ) • Application of public procurement rules…

  12. Interaction between “open access” and ”public service obligation” • Open access should apply on the entire network in every EU Member State • Safeguard the economic equilibrium of the existed public service contracts • Ensuring that national Regulatory Bodies have all means to fulfill in an independent way their responsabilities • For efficiency reasons , bundling viable et non viable services into a single PSO must remain possible • Undercompensation is forbiden !

  13. TIMELINE FOR 2014 …from 1st January 2014 under Greek Presedency … • Early Feb - Council draft agreement on ERA • 25-27 Febr – EP vote in plenary • 14 march – Agreement at the Transport Council …22-25 May …Elections for EP …1 June…Italian Presedency starts Early Sept – Second reading may start

  14. Thank you for your attention!

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