“Access to infrastructure, capacity allocation and Charging”

1. “Access to infrastructure, capacity allocation and Charging” By Jean-Arnold Vinois Head of Unit Railway policy and combined transport

2. Introduction: The general framework in the new Directives Regulatory body Licensed railway undertakings Charging NETWORK STATEMENT Priority rules Infrastructure managers Allocation process

3. Railway Infrastructure Package Consists of 3 Proposals: 1. Modification of Directive 91/440 2. Modification of Directive 95/18 3. Replacement of Directive 95/19 to be published in the OJEC in March 2001

4. Modification of Directive 91/440 • Clarification of Accounting separation • Separation of essential functions • Extension of access rights • Infrastructure Manager responsible for his own business

5. Accounting separation • Profit and loss accounts and balance sheets, separation between freight and passenger. • Infrastructure Manager responsible for his own business • Business plan and responsibility. Amendments of 91/440

6. Amendments of 91/440 • Access rights • Directive 91/440 - international groupings and int. combined transport • New Directive: - 2003 opening on the TERFN (amending ( = 50 000 km) for international Dir. 91/440) freight services - 2008 opening on the whole network for int. freight services

7. Amendments of 91/440 • Essential functions commanding access : • granting licenses of railway undertakings; • decision making related to the path allocation; definition and assessment of availability;allocation of individual train paths; • decision making related to infrastructure charging; • monitoring observance of public service obligations • Shall be entrusted to bodies or firms that do not themselves provide any rail transport services

8. Set the conditions to obtain a licence • A licence awarded by a Member State is valid throughout the whole territory of the European Union • Licence are notified to the Commission and published in the OJEC Modification of Directive 95/18

9. Applies to all rail infrastructure with minor exceptions Network Statement Infrastructure Charging rules Capacity allocation processes Regulatory body Safety Certification Replacement of Directive 95/19

10. Published 4 months before capacity allocation process Describes infrastructure available to railway undertakings and all conditions of access. Charging principles and tariffs Capacity Allocation: principles and criteria, procedures and deadlines Network Statement

11. Timetable setting each year Framework agreements (5 to 10 years) Priority rules Conflict resolution Capacity enhancement plan Short notice requests Capacity reserve possible Infrastructure manager shall answer within 5 days Capacity allocation

12. The calendar for capacity allocation

13. Priority rules National level International level Co-operation among Infrastructure managers - Member States - Infrastructure managers Importance of international freight services

14. Independent from any infrastructure manager, charging or allocation body or any railway undertaking. Any RU can appeal. Appeals in particular with regard to network statement, allocation process, charging scheme, enforcement and monitoring of safety requirements. Shall monitor charges to ensure they are not discriminatory. Power to request information. Must determine any complaints within 2 months. Can require Infrastructure manager to modify decision Regulatory body

15. Transparency (published in the Network Statement) based on marginal cost possibility to charge “mark-ups”: total cost coverage only if the market can bear it investment in new infrastructure external costs if other modes equally treated Infrastructure Charges

16. Charging: the different elements ? “mark-ups” ?

17. Charging: the current disparities Average charging levels in € per train.km

18. Conclusion: a heavy agenda… • Committee and Member States working parties to accompany the two year transposition phase • Co-operation among Infrastructure Managers • Development of interoperability • New legislative proposals to complete the regulatory framework (safety Directive, enlarged access, possible rail agency…)