European Union Agency for Railways — ensuring a safe and interoperable railway area
Regulation (EU) 2016/796 on the European Union Agency for Railways
It establishes the European Union Agency for Railways (the Agency). The Agency aims to:
contribute to the further development and effective functioning of a single European railway area;
guarantee a high level of railway safety and interoperability*;
improve the competitiveness of railways.
The regulation is one of 3 legislative acts covering the technical aspects of the fourth railway package which aims to revitalise the rail sector and deliver a better quality of service and more choice to passengers. The regulation works alongside the regulation on the interoperability of the railway system in the EU and the directive on railway safety.
KEY POINTS
The Agency’s main objectives for the EU rail system are:
developing a common approach to safety;
increasing the level of interoperability;
examining national railway rules in order to support national authorities acting in the fields of railway safety and interoperability; and
promoting the best procedures.
Railway safety
The Agency has several tasks with regard to rail safety including:
providing recommendations to the European Commission on common safety indicators, methods and targets; and on the system of certifications of bodies in charge of safety;
issuing, renewing, suspending and amending single safety certificates and cooperating with national safety authorities in that respect;
encouraging the exchange of information on safety-related accidents, incidents and near misses.
Interoperability
The Agency has a number of tasks designed to improve interoperability by reducing technical barriers. These include:
providing recommendations to the Commission to revise the technical specifications on interoperability (TSIs);
issuing authorisations for the placing on the market of railway vehicles and vehicle types. The Agency also has the power to renew, amend, suspend and revoke these authorisations;
approving European railway traffic management system (ERTMS) trackside equipment.
National rules
The Agency is tasked with ensuring the conformity of national rules with essential railway safety and interoperability requirements. In particular it must:
examine both draft and existing national rules to ensure their conformity and that they do not result in any arbitrary discrimination;
manage a dedicated IT system containing national rules and acceptable national means of compliance.
ERTMS
The Agency acts as the system authority to ensure the coordinated development of the ERTMS within the EU, in accordance with relevant TSIs.
Single European railway area (SERA)
The Agency has a number of tasks related to the monitoring of SERA including:
performance and decision-making of national safety authorities;
notified conformity assessment bodies;
progress on rail safety and interoperability.
DOCUMENTS
Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138, 26.5.2016, pp. 1-43)
Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, pp. 44-101)
Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, pp. 102-149)
State aid for railway companies
Commission Guidelines on State aid for railway undertakings
Article 93 TFEU – transport coordination
These European Commission guidelines clarify the rules set out in EU treaties for the public funding of railway companies and provide guidance on the compatibility of state aid for railway companies with the EU treaties.
EU state aid rules
State aid which distorts or threatens to distort competition within the EU’s single market is prohibited (Article 107.1 TFEU).
However there are exceptions for state aid which promotes the economic development of the EU in general (Article 107.3 TFEU).
State aid is also compatible with the treaties if it meets the needs of transport coordination or if it represents reimbursement for carrying out certain public service obligations (Article 93 TFEU).
Scope
The guidelines apply to railway companies as well as to urban, suburban or regional passenger transport companies with regard to aid for the purchase and renewal of rolling stock.
Support measures
The guidelines cover several types of support measures:
1.Support by means of infrastructure funding
This may constitute state aid if it allows companies to benefit indirectly from an advantage by reducing their costs.
It will not be considered state aid if the use of the publicly financed infrastructure is open to all potential users in a fair and non-discriminatory manner, and access to that infrastructure is charged for at a rate in accordance with EU legislation.
Even if such financing is considered aid, it may be authorised if the infrastructure in question meets the needs of transport coordination.
2.Aid for the purchase and renewal of rolling stock
This type of support is assessed according to the common-interest objective to which the aid is contributing. Rules are defined for the following aid categories:
aid for coordination of transport;
aid for restructuring railway undertakings in difficulty;
aid to small and medium-sized enterprises;
aid for environmental protection;
aid relating to public service obligations and regional aid.
3.Debt cancellation by states with a view to the financial restructuring of railway undertakings
Under certain conditions, debt cancellation may be considered as aid compatible with the single market if it seeks to ease the transition towards an open railway market, without unduly distorting competition and trade between EU countries.
4.Aid for restructuring railway undertakings
The compatibility of state aid for restructuring firms in difficulty in the railway industry is assessed on the basis of the 2014 guidelines on aid for restructuring.
5.Aid for coordination of transport
The intervention by public authorities aimed at guiding the development of the transport sector in the common interest may take several forms:
aid for infrastructure use;
aid for reducing external costs designed to encourage a shift from road to rail;
aid for promoting interoperability, and, as far as it meets the needs of transport coordination, aid for promoting greater safety, the removal of technical barriers and the reduction of noise pollution;
aid for research and development in response to the needs of transport coordination.
The guidelines set out in detail the method to determine eligible costs, as well as the conditions that would allow this aid to meet the conditions of compatibility mentioned in the treaties.
6.State guarantees for railway companies
The rules applicable to state aid in the form of guarantees, including in the rail transport field, are set out in the Commission notice on the application of Articles 87 and 88 of the EC Treaty (now Articles 107 and 108 TFEU).
DOCUMENTS
Communication from the Commission — Community guidelines on State aid for railway undertakings (OJ C 184, 22.7.2008, pp. 13–31)
Consolidated version of the Treaty on the Functioning of the European Union – Part three – Union policies and internal actions – Title VI – Transport – Article 93 (ex Article 73 TEC) (OJ C 202, 7.6.2016, p. 86)
EU rail transport statistics
Regulation (EU) 2018/643 on rail transport statistics
It applies to all railways in the EU.
It establishes common rules for producing EU-wide rail transport statistics.
It recasts and repeals Regulation (EC) No 91/2003 which had been substantially amended several times.
It has applied since 22 May 2018. Regulation (EU) 2018/643 revised and replaced Regulation (EC) No 91/2003 (and its subsequent amendments).
EU countries:
must report statistics for all rail transport on their territory and break these down by country if the service is international;
may exclude from the statistics railways which
operate within industrial zones or harbours
provide local tourist services, such as historical steam trains;
coordinate the data sources used and ensure the quality of the statistics;
send the statistics to Eurostat, the EU’s statistical office.
The statistics required cover:
quarterly and annual data on goods and passengers carried, including per kilometre;
an annual breakdown by region every 5 years of goods and passengers transported;
traffic flows every 5 years on the number of goods and passenger trains;
detailed classification of the different types of goods, including dangerous items.
The national information collected by a public or private body may come from:
compulsory surveys;
administrative or regulatory data;
statistical estimation procedures;
professional rail organisations;
ad hoc studies.
Eurostat:
sends out the statistics based on the data it receives;
develops and publishes methodology to help national authorities collect quality data.
The European Commission:
presents a report to the European Parliament and the Council by 31 December 2020 — and then every 4 years — on the legislation’s implementation;
has the renewable 5-year power from 13 December 2016 to use delegated acts, in line with Article 290 of the Treaty on the Functioning of the European Union, to adapt technical definitions in the light of new developments;
is assisted by the European Statistical System Committee.
DOCUMENTS
Regulation (EU) 2018/643 of the European Parliament and of the Council of 18 April 2018 on rail transport statistics (recast) (OJ L 112, 2.5.2018, pp. 1-18)
Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, pp. 102-149)
Successive changes to Directive (EU) 2016/798 have been incorporated into the original document. This consolidated version is of documentary value only.
Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ L 343, 14.12.2012, pp. 32-77)
Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, pp. 164-173)
Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) (OJ L 164, 30.4.2004, pp. 44-113). Text republished in corrigendum (OJ L 220, 21.6.2004, pp. 16-39)