Meeting of the WG on Rail Transport Statistics 2-3 April 2009 Recent developments in Community Rail Transport Policy Daniel Jacques, European Commission « Rail transport and interoperability unit »

The three railway packages: state of play 1st Railway Package: All Member States have formally transposed 2nd Railway Package: All Member States have formally transposed 3d Railway Package: - Directive 2007/58/EC shall be implemented by 3/6/09 at the latest - Directive 2007/59/EC shall be implemented by 3/12/09 at the latest All the institutions required by the first and second railway packages have already been established in the Member States to a different degree: national companies and bodies in charge of capacity allocation entities responsible for issuing licenses national safety authorities investigation bodies notified bodies regulatory bodies (doubts about administrative capacity) Delays in the transposition (over 110 infringement procedures for the two packages) On 26 June 2008 the Commission has opened infringement procedures for incorrect transposition of the 1st railway package against 24 Member States

Main actions of 2008 (1) Regulation (EC) No 1335/2008 amending Regulation (EC) No 881/2004 establishing a European Railway Agency. Entered into force on 31 December 2008, the proposed regulation aims to adapt the legislative framework of the European Railway Agency to the new tasks arising from the amendments made to the directive on railway safety and the directive on interoperability of the rail system. A new important task of the agency will be to classify in a single reference document all the technical and safety rules applicable in each Member State. Therefore, the agency will help to increase the cross-acceptance of authorisations for railway vehicles between MS.

Main actions of 2008 (2) Directive 2008/57/EC (17 June 2008) on the Interoperability of the Rail System within the Community, amending Directives 96/48/EC and 2001/16/EC (as modified by 2004/50/EC and 2004/49/EC) in order to allow the cross-acceptance of locomotives Directive 2008/110/EC (16 December 2008) amending Directive 2004/49/EC on safety on the Community railways (Railway Safety Directive)

Main actions of 2008 (3) Proposal for a regulation of the European Parliament and of the Council concerning a European rail network for competitive freight (adopted by the Council on 11 December) The proposal relates in particular to the procedures for the selection of rail freight corridors, together with their governance and management. Communication to the European Parliament and the Council on "Multi-annual contracts for rail infrastructure quality" (6 February 2008); it recommends measures to MS and infrastructure managers to combine financial equilibrium with an appropriate level of rail infrastructure services. Communication on Rail noise abatement measures addressing the existing fleet (8 July 2008) Communication on Community guidelines on State aid for railway Undertakings (22 July 2008) Communication on the Quality of Rail Freight Services (8 September 2008)

Main initiatives foreseen for 2009 Rail interoperability and safety report (June 2009) Communication on external relations (June 2009) ERTMS Deployment Plan (July 2009) Communication on the Rail Market Monitoring Scheme (October 2009) Recast of the first railway package (October 2009) Update of the safety indicators of the railway safety Directive 2004/49/EC

Origins of the Communication on rail market development and its monitoring Art. 10(b) of Directive 91/440/EC as modified by Directive 2001/12/EC requires the Commission to report to the Parliament and the Council on: « the evolution of the internal market in rail services, the framework conditions, the state of the Trans-European Rail Freight Network, the utilisation of access rights, barriers to more effective rail services, and the need for legislation »

Indicative scope of the report Regulatory and institutional framework for market opening and growth (including a list o EU legislation applicable to the railway sector, information on its transposition in the Member States as well as overview of infringement procedures and of institutions established on the basis of the legislation) Performance of the EU rail transport market Rail market opening score Costs of rail transport operations Rail infrastructure capacity and intensity of network use Other issues (e.g. employment per railway undertaking and infrastructure manager)

Performance of the EU rail transport market Evolution of modal split for freight and passenger transport Evolution of rail transport performance Quarterly changes in rail traffic volumes and in rail traffic performance Forecast of rail transport development until 2020 (based on the study on the situation and perspectives of the rail market) Rail transport performance by type of goods Development of production by Member State, year and market segment Financial indicators for railway undertakings

Measuring the level of market opening Number of valid licences and safety certificates per Member State (ERA) Total market shares of non-incumbent railway undertakings Rail market opening score - Based on the Herfindahl-Hirschmann Index estimating the concentration ratio in an industry and serving as indicator of the amount of competition in the respective market - The index can range from 0 (perfect competition) to 1 (single monopolistic producer)

Costs of rail transport operations and capacity of infrastructure Track access charges (ITF study for 2008) Length of the railway network, of which high speed lines Railway lines density Changes in the intensity of network use Investments in maintenance, renewals and new construction of rail infrastructure Financial contributions of States to infrastructure operation, maintenance, renewals and construction

Main problems encountered Non-availability of data, in particular of: the most recent data data reflecting the real position of railways in comparison to other transport modes → «intercity statistics» Missing contributions from some Member States (leading i.a. to difficulties with calculation of values for EU-27, EU-15 and EU-10) Discrepancy between some Eurostat data and data delivered in DG TREN questionnaires

What will happen next? Rail Market Monitoring Scheme (RMMS) Working Group members will check if the information for their countries is correct and send comments until … 2009 Final draft of the document will be elaborated by DG TREN until Mid July 2009 and used as Commission Staff Working document accompanying Commission Communication to the Parliament and the Council on rail market development and its monitoring Mid July – Mid October: Internal Commission consultations on the document, translation of the Communication in the official EU-languages Mid October 2007: Date foreseen for the formal adoption of the Communication by the European Commission The Commission will publish the report on a regular basis

Thank you for your attention!