From the first to the third

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• From the first to the third
• railway package
• How do we progress towards an integrated railway
  area
• Jean-Arnold Vinois, Head of Unit Rail transport
  and interoperability 

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Transposition of the first package- State of Play
Directives 2001/12/CE, 2001/13/CE and 2001/14/CE
had to be implemented by March 15th 2003 at the
latest. State of play
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The Second Railway Package 6 elements (close to
be adopted)

• Communication Towards an integrated
  European railway area

• Introduces the legislative proposals and their
  coherence
• Takes an in-depth look at the situation in
  freight and proposes an initiative to increase
  the quality of services in this field.
• Takes stock of the situation in international
  passenger traffic and puts forward models for
  market opening

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The Second Railway Package

• Amending directive 91/440

• Opening-up of access rights for domestic freight
• speeding-up of market opening for international
  freight services.
• full market opening for freight by 2006?

This issue is part of the ongoing conciliation
between Council and European Parliament
(February/March 2004)
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The Second Railway Package

• Directive on railway safety

• Sets up a framework for the development of common
  approaches to rail safety and for maintaining
  safety levels definition of Common safety
  indicators, Common safety methods and targets
• Requires the creation of national safety
  authorities
• Establishes the principle of independent safety
  investigation in the event of accidents and
  incidents

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The Second Railway Package

• Regulation establishing the European Railway
  Agency

• steers the technical work on matters relating to
  rail safety and interoperability.
• No autonomous decision-making power but
  comitology
• Organises the cooperation between National safety
  authorities
• To be set up end of 2004 in Lille/Valenciennes
  (North of France)
• 100 staff, 15 Mio EUR

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The Second Railway Package

• Amending Directives 96/48/EC and 2001/16/EC on
  interoperability

• Updates the provisions of these two directives in
  line with the directive on safety and the role of
  the new agency.
• Ensures compatibility in scope between the
  opening-up of freight market and the
  interoperability requirements
• States the principle of interoperability for the
  whole railway system, to be implemented
  progressively as of 2008. This shall be based on
  a program established according to cost/benefit
  analysis

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The second railway package and the
decision-making procedure
Decide upon TSIs, CSTs and CSMs
Member states and Commission Committee
Develop and propose TSI, CST and CSM
Implement
Notified bodies,national safety authorities,
investigation bodies
European Railway Agency
Groups of experts representing the industry
Social Partners
Railway Customers
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The Second Railway Package

• Community accession to the COTIF

? OTIF is an international organisation dealing
with international railway transport, having
among its 41 members all the Member states
(including the new ones) ? Need to ensure the
compatibility of EU rules and COTIF annexes (CIM,
CIV, CUV) ? Accelerate dialogue with OSJD ?
Adhesion agreement to be concluded end 2004
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State of Play on January 1st 2004 (1)

• ? First package to be fully implemented by
  mid-2004, including the new Member states.
  Implementation of the Second Package is
  anticipated in several countries.
• ? Setting-up of the necessary bodies still to be
  completed independent allocation of capacity,
  charging and especially the credibility of the
  regulatory body
• ? Success stories for new operators in several
  countries and starting competition among
  incumbents (D-I-CH) improvement in service
  quality

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State of Play on January 1st 2004 (2)

• ? International conventional passenger services
  are in severe decline with threat from the  low
  cost  operators on long distance services (even
  high-speed services)
• ? Setting-up of RailNetEurope for the supply of
  international paths through One Stop Shop
• ? Cooperation of national Regulatory bodies
• ? Europe is still divided into two a hardly
  opened market on the Atlantic front and intense
  activities in the centre and south-east of EU

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The third railway package 5 elements to be
proposed soon

• Introductory Communication

? Provides a state of play of the transposition
for the first package of directives and takes
into account the elements of the second
package ? Introduces the legislative proposals
of this new package
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The third railway package

• Amending directive 91/440 on passenger market

• Opening-up of access rights for international
  passengers services on the entire infrastructure
• Includes cabotage
• linked to Regulation 1191/69 on public service
  contract in order to allow public service
  obligations
• Foreseen date of opening-up 2010 at the latest
  (see also the results of conciliation procedure
  on 2nd package)

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The third railway package

• Directive on drivers licence

• Commitment taken by the Commission vis-à-vis the
  Council in march 2003 and contribution of Social
  dialogue (CER/ETF)
• Priority given to the drivers of international
  services and extension later on to all drivers
• Harmonization of requirements for train drivers
  certification
• Two-fold approach a licence belonging to the
  driver and specific certification carried out by
  the railway undertaking
• ? Definition of common targets for drivers
  training

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The third railway package

• Regulation on passengers rights and obligations
  for international rail passengers

• Obligation to inform the customer and facilitate
  access to information systems as well as the
  availability of international tickets.
• States the level of liability of Rus in the
  event of physical or material damages
• Introduces a compensation scheme in case of delay
  
• Regulates assistance to PRMs 
• Lists passengers obligations
• Creates enforcement mechanisms and international
  co-operation of enforcement bodies

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The third railway package

• Regulation on freight quality

• Concerns all types of freight services and aims
  at improving the level of service due to
  insufficient competition
• makes the insertion of service quality provisions
  in the contracts obligatory.
• The regulation applies only if such provisions
  are not provided
• Right of minimum compensation in case of delay
• Goes beyond CIM and COTIF 99

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Conclusions

• Reform slower than needed
• Enlargement likely to change the pace of reform
• Railways will continue to suffer efficilency gaps
  vs other modes
• Rail infrastructure investments very high
• Services quality remains the key for future
  success

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