The 4 th Railway Package: Impact for the keepers 27-04-2015 Clio Liégeois

The 4th Railway Package: Impact for the keepers

27-04-2015

Clio Liégeois

1. Introduction

2. State of play of the 4th railway package

1. Technical pillar

2. Political pillar

3. Impact on keepers of the 4th railway package

1. Technical pillar

2. Political pillar

Structure of the presentation

Introduction State of play of the 4th railway package

Impact on keepers of the 4th railway package

27/04/2015 4th railway package 2

President of the Direction Committee

Laurent Ledoux

Road transport and road security

Directorate general Policy for

sustainable and railway mobility

Maritime transport Airway transport

MinisterJacqueline

Galant



The Federal public Service Mobility and Transport

Directorate Railway policy

Regulation Service


The 4th railway package proposed by the Commission on 30 January 2013:

2 pillars:

• Technical pillar

• Political pillar

What is the 4th Railway Package?




1. Technical pillar = 3 proposals :

1. Proposal for a recast of the Safety Directive 2004/49/EC;

2. Proposal for a recast of the Interoperability Directive 2008/57/EC;

3. Proposal for a recast of the ERA Regulation 881/2004/EC.




2. Political pillar = 3 proposals, 2 pillars :

• Pillar liberalization• Recast of directive 2012/34• Recast of Regulation 1370/2007 (PSO)• Abrogation of Regulation 1192/69 (normalization of the

accounts of the RUs)

• Pillar infrastructure governance• Recast of directive 2012/34




1st reading

Commission’s proposals

Council adopts political

agreements

Parliament votes on

amendments

The European legislative procedure (« normal procedure »)




2nd readingTRILOGUES

CommissionCouncil’s PR (mandate)

Parliament

Legislative procedure for the 2nd reading

One common

text

Political agreement on a 2nd text

Votes on a 2nd serie of amendments




1. State of play of the technical pillar Commission: 3 proposals adopted on the 30

January 2013. Council:- Political agreement on the Safety Directive adopted on

the 17th October 2013 ;- Political agreement on the Interoperability Directive

adopted on the 11th June 2013 ;- Political agreement on the ERA Regulation adopted on

the 10th March 2014. Parliament: Amendments on the 3 texts

adopted on the 7th and 8th April 2014.






1. State of play of the technical pillar Trilogues began under the Italian Presidency and

continued under the current (Latvian) Presidency. The 7th formal dialogue is tomorrow (28/03).

At the 5th trilogue (10/03/2015), the Presidency proposed a compromise package to the EP : The Parliament would accept the « hybrid » or « choice »

model foreseen by the Council giving applicants the choice to address their requests to either ERA or the NSAs;

A new article would be foreseen, concerning a « virtual One-Stop Shop » allowing ERA and NSA’s to exchange information on certifications’ and authorisations’ processes;

The ERA would get an increased role in ERTMS tackside projects (before call for tenders).




1. State of play of the technical pillar Following this proposal, a global agreement was

reached on the hybrid model proposed by the Presidency.

Some work is still needed on some points:• Delegated/implementing acts;• Transition periods• EU Register…

Trilogues continue, with a hope of reaching an agreement for summer 2015.




2. State of play of the political pillar Commission: 3 proposals adopted on the 30 January

2013. The Parliament already adopted its amendments. We are still at the level of the 1st reading: the Council

is examining the proposals of the Commission in order to adopt a Common position.

The Lithuanian Presidency of the Council is trying to find compromises in order for the Council to adopt its position.

No trilogues have started with the Parliament, the Council and the Commission.


1. Impact on keepers of the technical pillar• New procedure for the authorisations for placing on the

market of vehicles : choice model between ERA or a NSA, according to the area of use. - Area of use: network(s) of MS(s) on which the vehicle is intended to

operate.- If the area of use = one MS, the applicant has the CHOICE to either go to

ERA or to “its” NSA- If the area of use = more than one MS, the applicant had to go to ERA- If the ERA issues the authorisation, it sends the file to the NSA for evaluation

of the completeness, relevance and consistency of the file, in relation to the relevant national rules.

- In case of conflicts between ERA and NSA, arbitration procedure before a Board of Appeal;




1. Impact on keepers of the technical pillar• The keeper can be the “contracting entity” ordering the

design, construction, renewal or upgrading of a subsystem; it can also be the “applicant” requesting an authorisation for placing on the market; or can be an entity in charge of maintenance.

• The keeper has to request the competent national authorities to assign a European Vehicle Number to a vehicle.

• The Parliament proposed that the keeper would also be mentioned in a new European vehicle register.




1. Impact on keepers of the technical pillar• Explicit obligations of the keepers in the new Safety

Directive:- implement the necessary risk control measures, where

appropriate in cooperation with other actors;- ensure that subsystems, accessories, equipment and

services supplied by them comply with specified requirements and conditions for use so that they can be safely operated by the railway undertaking and/or the infrastructure manager concerned.




2. Impact on keepers of the political pillar

• Commission proposes to introduce in PSO Regulation (1370/2007) a new Article 5a about “rolling stock”.

• The purpose is to oblige MS, in compliance with State aid rules, to take the necessary measures to ensure effective and non-discriminatory access to suitable rolling stock for public passenger transport by rail for operators wishing to provide public passenger transport services by rail under public service contract.

• The EU Parliament agrees, subject to some adjustments.





• The LT Presidency proposed a compromise which allow for more flexibility:

In a view of a competitive award procedure competent authorities shall assess whether measures are necessary to ensure effective and non-discriminatory access to suitable rolling stock for the purpose of receiving sufficient number of tendering bids.





• The Commission also proposed to add obligations for MS where no rolling stock leasing companies exist offering rolling stock under non-discriminatory and commercially viable conditions to all of the public rail passenger transport operators. MS

would be obliged to ensure that the residual value risk of the rolling stock is borne by the competent authority, either by:- acquiring itself the rolling stock with a view to making it available

to the selected public service operator at market price or as part of the public service contract

- providing a guarantee for the financing of the rolling stock used for the execution of the PSO at market price or as part of the PSC

- committing in the PSC to take over of the rolling stock at the end of the contract at market price.





• The Parliament agrees with these new obligations, but considers that MS could use other ways of ensuring that the residual value risk of the rolling stock is borne by the competent authority (the list should not be closed).

• The LT Presidency proposes to delete these obligations.




2. Impact on keepers of the political pillarConclusion:

• The Commission’s proposal and the EU Parliament’s amendements go in the same direction.

• The LT Presidency proposes a lighter and more flexible Article. The reason for this proposal is a request from a majority of MS, shared by Belgium.

• The Article regarding access to rolling stock is closely linked to the way of attributing the PSOs that will be decided. BE would like to maintain the possibility of direct attribution.




I hope I have given you an understanding of the state of play and possible impact of the 4th

railway package.


Conclusion

Thank you!

Documents

The 4 th Railway Package: Impact for the keepers 27-04-2015 Clio Liégeois