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

2. 1. Introduction 2. State of play of the 4 th railway package 1.Technical pillar 2.Political pillar 3. Impact on keepers of the 4 th railway package 1.Technical pillar 2.Political pillar Structure of the presentation IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package 27/04/20154 th railway package2

3. President of the Direction Committee Laurent Ledoux Road transport and road security Directorate general Policy for sustainable and railway mobility Maritime transport Airway transport Minister Jacqueline Galant IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package The Federal public Service Mobility and Transport Directorate Railway policy Regulation Service 27/04/20154 th railway package3

4. The 4 th railway package proposed by the Commission on 30 January 2013: 2 pillars: Technical pillar Political pillar What is the 4 th Railway Package? IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package 27/04/20154 th railway package4

5. 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. IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package 27/04/20154 th railway package5

6. 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 IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package 27/04/20154 th railway package6

7. 1st reading Commission’s proposals Council adopts political agreements Parliament votes on amendments The European legislative procedure (« normal procedure ») IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package 27/04/20154 th railway package7

8. 2 nd reading TRILOGUES Commission Council’s PR (mandate) Parliament Legislative procedure for the 2 nd reading One common text Political agreement on a 2 nd text Votes on a 2 nd serie of amendments IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package 27/04/20154 th railway package8

9. 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. IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package 27/04/20154 th railway package9

10. IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package 1. State of play of the technical pillar  Trilogues began under the Italian Presidency and continued under the current (Latvian) Presidency. The 7 th formal dialogue is tomorrow (28/03).  At the 5 th 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). 27/04/20154 th railway package10

11. IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package 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. 27/04/20154 th railway package11

12. IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package 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 1 st 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. 27/04/20154 th railway package12

13. 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; IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package 27/04/20154 th railway package13

14. 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. IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package 27/04/20154 th railway package14

15. 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. IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package 27/04/20154 th railway package15

16. 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. IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package 27/04/20154 th railway package16

17. 2. Impact on keepers of the political pillar 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. IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package 27/04/20154 th railway package17

18. 2. Impact on keepers of the political pillar 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. IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package 27/04/20154 th railway package18

19. 2. Impact on keepers of the political pillar 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. IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package 27/04/20154 th railway package19

20. 2. Impact on keepers of the political pillar Conclusion: 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. 27/04/20154 th railway package20 IntroductionState of play of the 4 th railway package Impact on keepers of the 4 th railway package

21. I hope I have given you an understanding of the state of play and possible impact of the 4 th railway package. 27/04/20154 th railway package21 Conclusion

22. Thank you!