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4th Railway Package - Overview
4th Railway Package - Overview
Friday, 29 July 2016
This section groups together CER’s Position Papers concerning the Fourth Railway Package adopted by the Commission in January 2013. The Papers cover the topics of domestic passenger market opening, structural models for the rail sector, and the future role of the European Rail Agency (ERA).
The Fourth Railway Package undoubtedly represents one of the major achievements of the last ten years of rail-related legislative production.
Partly born on the still warm ashes of the Recast of the First Railway Package, the European Commission’s aim with the Fourth Railway Package was not only to provide more independent infrastructure managers. Well beyond that, the target of the Commission was to make concrete steps towards the establishment of a Single European Railway Area, with the completion of rail market opening and with a heavy revision of the Interoperability and Safety Directives and of the Regulation establishing the European Rail Agency.
The so-called Market Pillar revised Directive 2012/34/EU establishing a single European railway area, and Regulation (EC) 1370/2007 on public passenger transport services by rail and by road. The efforts made on the former text led to strengthening the criteria for the financial and managerial independence of the rail infrastructure managers, without at the same time disrupting the widely used governance models currently in place. The infrastructure manager is today even more than yesterday at the centre of each Member State’s railway system, equally close to all infrastructure users. Also, the revision of the Directive took care of adapting the wording of all articles pertinent to market opening, by stating with clear words that domestic rail passenger markets will have to be opened to competition, and that, at the same time, the entrance of new operators will not be to the detriment of all the operators that serve regional markets via public service contracts.
Of course it has also been up to the legislators to define, via the revision of Regulation (EC) 1370/2007, the way in which the principle of market opening would also apply to Public Service Contracts. In this regard, the legislators arrived at a text that on the one hand establishes competitive tendering as the general rule and that, on the other hand, provides a wide range of options for all Competent Authorities to proceed via direct negotiations with any given operator.
It is the sector’s shared view that the Technical Pillar (revising Directive 2008/57/EC on the interoperability of the rail system within the Community, Directive 2004/49/EC on safety on the Community’s railways, and Regulation (EC) 1335/2008 establishing a European Railway Agency), will be the most revolutionary part of the Fourth Railway Package. It fundamentally streamlines the processes of vehicle authorisation and safety certification by giving the Agency a central role and making these processes more efficient, less costly, quicker and less subject to national interests.
The Fourth Railway Package's Technical Pillar, comprising the ERA Regulation 2016/796, the Interoperability Directive 2016/797 and the Rail Safety Directive 2016/798, was published in the Official Journal of the European Union (OJEU L138) on 26 May 2016. It legally entered into force on 15 June 2016.
Whereas the Technical Pillar has already been published in the EU Official Journal, a few formal procedural steps remain before the Market Pillar is also published: the Council will adopt its Common Position on the Market Pillar in September; the Common Position will then be sent to the Parliament to be approved at Committee level in September/October 2016 and by the Parliament’s Plenary in November/December 2016, so as to be published in the EU Official Journal by the end of the year.
After that, a number of aspects of the Market Pillar as well as of the Technical Pillar will have to be defined via implementing acts, and the European rail sector will certainly monitor all developments in this area very closely.
It is the sector’s generally shared hope that after the achievement of this most important of milestones, all players will be able to adapt to the new legislative framework, to count on its stability and therefore build long-term investment and business strategies.
CER press releases:
CER welcomes Council's common position on the Technical Pillar (December 2015)
CER welcomes signs of progress on Fourth Railway Package (16 March 2015)
Fourth Railway Package: a vote for freedom of choice and diversity (16 December 2013)
Fourth Railway Package: open, flexible, interoperable (9 October 2013)
European Parliament starts work on the Fourth Railway Package (19 March 2013)
Fourth Railway Package: CER calls for a two-track approach (30 January 2013)
Related CER position papers:
CER letter on EFSI and the Technical Pillar of the 4th Railway package (26 February 2015)
CER Position Paper on Structural Models for Europe's National Rail Sectors (21 December 2011)
CER brochure on PSO: