Railway regulation in the Netherlands. Railway Act. 7 June 2010 Roald Leuven

Transcription

1 Railway regulation in the Netherlands The legal framework of the Dutch Railway Act 7 June 2010 Roald Leuven

2 Content Background Infrastructure manager Regulation Railway Act Regulatory powers Current issues

3 Background (1) Before market opening: Dutch Railways (NS) Owned and operated by the state One organisation including infrastructure and transport (passengers and freight)

4 Background (2) 1995: Introduction account separation between infrastructure and transport (Directive 1991/440/EC) 2005: Organisational separation (Directive 2001/14/EC) - NS: passenger transport (100% state owned) - DB Schenker: freight transport (Deutsche Bahn) - ProRail: infrastructure (100% state owned)

5 Background (3) Passenger transport: NS, Syntus, Arriva, Veolia, Connexxion Freight transport: DB Schenker, Captrain, ACTS, HGK, RRF, ERS, Ruhrtalbahn, Crossrail, Bentheimer Eisenbahn

6 ProRail BV State owned private company Infrastructure manager Independent from ministry and railway undertakings Tasks: - capacity allocation - user charges - traffic control - construction and maintenance - innovation

7 Regulation Independent regulatory body for capacity allocation and infrastructure charges: Office of Transport Regulation (OTR) Safety regulation is responsibility of separate regulatory body (Inspectorate of Transport and Water Management) OTR is part of Netherlands Competition authority (NMa) NMa has an independent board that takes formal decisions

8 Regulatory framework in the Netherlands Office of Transport Regulation ProRail Access agreements Railway Undertaking Ministry of Transport (safety) Ministry of Transport Ministry of Transport (concession)

9 Railway Act (1) Purpose Railway Act (in force since 2005) - Implementation first railway package - Separation of infrastructure and transport to create open market - More transparency in costs

10 Railway Act (2) Relation Infrastructure Manager - Railway Undertaking Professional relation between undertakings: Access Agreements (under civil law) Equality: consultation/negotiations Process based on scarcity: Authorised persons receive network statement Submit request for capacity Allocation of capacity Enter into an Access Agreement

11 Railway Act (3) Ex-post supervision: 1. Ex-officio OTR prioritises 2. Complaint procedure dispute settlement < 2 months Ex-ante supervision on Framework Agreements Sanctions: fine or order subject to periodic penalty payments

12 Railway Act (4) 1. Ex officio - Annual market monitor -Tips/signals from market

13 Railway Act (5) 2. Complaints (a) railway undertaking: unfair treatment, discrimination or otherwise aggrieved by infrastructure manager, railway undertaking or the owner of an essential facility (Directive 91/440/EEC art. 10 under 7 and 2001/14/EC art. 2) (b) party to Access Agreement or Framework Agreement concerning the behaviour of the contracting party

14 General supervision (not limitative): Content of Network Statement Railway Act (6) Content of Access Agreements and Framework Agreements (quality and charges) Non-discriminatory access to infrastructure Fair and non-discriminatory i i capacity allocation Infrastructure charges Essential facilities

15 Investigation powers (not limitative): Regulatory powers (1) - demand for information (oral and written) - demand for access to inspect business data - right to enter places (including private houses) -right to inspect objects - obligation co-operate

16 Regulatory powers (2) Power to impose fines (up to 1% of total revenue of undertaking) Power to issue order subject to periodic penalty payments

17 Current issues (1) 7 Complaints Capacity allocation high priority for OTR Overview cases OTR Complaints Ex-officio Informal opinion Total

18 Current issues (2) International harmonisation co-operation in Working Group Regulatory Bodies co-operation on international freight corridors (Rotterdam - Genoa, Rotterdam Antwerp Lyon - Basel, Netherlands - Poland/Czech Republic) ETCS

19 Current issues (3) 1 January 2010: Implementation of Directive 2007/58/EC in Netherlands (market opening for international passenger services) 15 July 2010: New regulation for freight in European Parliament

20 Thank you for your attention Questions?