RE: Land Transport Security in the Public Transport and Railway Sector Joint letter from CER, COLPOFER, EIM, ERFA, RAILPOL, UIC and UITP

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1 Mr Matthias Ruete Director DG MOVE European Commission 200, Rue de la Loi BE-1049 Brussels Brussels, 7 April 2011 RE: Land Transport Security in the Public Transport and Railway Sector Joint letter from CER, COLPOFER, EIM, ERFA, RAILPOL, UIC and UITP Dear Mr Ruete, This paper is a joint letter developed by the above mentioned organisations. A brief description of each can be found in annex. The organisations have come together, representing the entire public transport and rail industry in Europe, to speak as one voice towards the European Institutions on the topic of public transport and railway security. Scope The passenger and freight transport sector covered by the above mentioned organisations represents urban passenger transport (bus, metro, light rail, waterborne, regional & suburban rail) as well as passenger rail (commuter, inter-city, international and high-speed), national and international rail freight transport and the interfaces between the different sub-modalities. In this document, all of the above is referred to as the public transport and railway sector. Characteristics and threats The whole public transport and railway sector across Europe faces a range of security threats. Security threats are caused intentionally, as opposed to safety. They range from daily operational problems, such as disorder, vandalism and assault, to the terrorist threat

2 Passenger transport is open, easily accessible, and used by millions of people every day. These characteristics are central to the efficiency of public transport and in turn to the efficiency of modern urban society. In Europe 27, rail passenger transport carries 1 billion passengers per year and urban passenger transport carries 60 billion passengers each year, compared to the 800 million passengers transported each year in the aviation sector. Regarding rail freight transport, the focus for security is on the Supply Chain and the interfaces with other transport modes, the security of shunting yards and terminals and the interfaces between freight and passenger transport in case of mixed use of the infrastructure and/or stations. It is worth noting that already today the rail freight sector has to fulfil a range of obligations resulting from national and international (safety) legislation and standards. In addition, the CEN analysed the security of the supply chain and concluded that there is no need of further standardisation but rather a problem with theft of goods. These characteristics of the passenger transport and railway sector are thus different to those of other modes such as aviation or maritime transport. Thus, security policies and strategies for aviation cannot be transposed to the public transport and railway sector due to the different characteristics and threats. Although sharing the above general characteristics, there are important differences within the sector, especially when comparing urban public transport (bus, metro, light rail, waterborne, regional & suburban rail) with long-distance passenger rail or rail freight. For example, urban public transport tends to be organised at the local level. On the other hand, international rail operators must comply with differing local and national contexts, a variety of public and private stakeholders following a variety of different rules at different levels. The opening of the market implies different frameworks and security requirements in each case: freight (fully open); commercial passenger rail (international services from 2010); and rail and road services operated under public services contracts (fully regulated by public passenger transport services regulation 1370/2007). All of this in a context of each of the above mentioned modes sharing tracks and stations

3 Another example is privacy in terms of dealing with passenger data, which is regulated at the national or even regional level across Europe, with major differences in legal frameworks. Level playing field Measures taken in the public transport and railway sector should be considered in the context of European mobility in general: public transport and rail modes are far safer than any individual transport mode. Encouraging a modal shift in favour of public transport and rail contributes to the public safety and security of Europeans. Constraints Although there is value in looking at the security of public transport and rail in Europe as a whole, the responsibility for security lies within each Member State, at national or local level accordingly. Independently of this, it is in the interest of public transport/rail operators and infrastructure managers to develop a safety/security oriented business policy addressing all relevant threats. The assessment and monitoring of terrorist threat levels are primarily the responsibility of the national authorities. However, a two-way dialogue of relevant information is recommended between the national authorities and the operators and infrastructure managers. This helps the latter set up appropriate measures for prevention (whether confidential or public) in accordance with protocols that have been established in advance. A focus on terrorism solely does not fit with the needs of the sector because of the wide range of security threats which can affect and hinder operations and endanger passengers, staff and assets. Outlook Mandatory regulation should be avoided. Voluntary measures or standardisation of specific technical areas specified by the sector itself should be supported. The participation of all stakeholders is essential to ensure the security of the entire chain. In any case, the focus of European-wide policy should be at a strategic level, with tactics and operation within the competencies on the local or national level. At operational level, security policies should be developed on a risk based approach and tailored to the specific context and security threats faced. There is no one-size-fits-all approach suitable in public transport security

4 Security is a multi-stakeholder and multi-modal issue. The cost of new security measures should not be disproportionate to the risk or present unreasonable or irrational economic burden for the operators or infrastructure managers. Supporting the European Institutions The organisations involved in this paper represent the entire public transport and railway sector in Europe. The group meets regularly on a voluntary basis and works together on the topic of public transport and railway security. The group is in favour of European initiatives to support the security of the public transport and railway sector. It is expected that the European Institutions appreciate the initiatives of the sector and consider the representative organisations as partners in the development of European policy and initiatives for public transport and railway security (e.g. as an advisory body to future working groups). The European Institutions can support the sector by building on what has already been achieved and addressing topics for European added value: - support initiatives of representative sector associations to promote security management practices in public transport, for example, the UITP training on conducting risk assessment and emergency preparedness; - Fund the translation of key documents; - Continue to fund European Projects for which the needs have been defined by the sector; - (Particular to Freight Transport Security) Support initiatives driven by the sector on analysing the state-of-the-art situation by assembling all existing legislation and standards on security to be fulfilled today. The initiative on Security in Logistics of the German Transport Ministry/BMVBS in February 2009 could serve as a good example." Specific topics which would benefit the sector by being addressed at European level: - The protection of infrastructure against Security threats, namely against copper theft, currently addressed at national level only, whereas the criminal organisations responsible operate across borders all over Europe. For this reason and in order to manage the issue effectively, coordination and the exchange of information - 4 -

5 and of best practices for security and engineering is needed at European level; - Personnel security: how to make staff vetting possible between European countries; - Graffiti considering the international coordination of graffiti gangs, it would be useful to set up a European-wide database of graffiti on public and rail freight transport; - Standardisation for the exchangeability of images from video surveillance systems; - Recognition of the status AEO (Authorised Economic Operator) for goods transport at worldwide level in order to ensure a worldwide international valid security standard; - Investigate measures to protect international railway interchanges from terrorist threats. The security of the public transport and railway sector will continue to grow in importance. The sector s representative organisations are working together to create a common view on security issues as there is a need for a common approach. The European Institutions can support this approach. This group is ready and willing to exchange views on this paper, or any other issues, with representatives of the European Commission. Libor Lochman CER Philippe Salaun COLPOFER Hendrik Amba EIM Monika Heiming ERFA Arend Bannink RAILPOL Jacques Colliard UIC Brigitte Ollier UITP-EuroTeam CC: Mr Fotis Karamitsos, Mr Zoltan Kazatsay and Mr Robert Missen - 5 -

6 Annex description of organisations CER The Community of European Railway and Infrastructure Companies (CER) is the leading European railway organisation. It was founded in 1988 and brings together 76 railway undertakings and infrastructure companies private and state-owned, large and small. Our members come from the European Union, the candidate countries as well as from the Western Balkan countries, Norway, and Switzerland. CER is based in Brussels and represents the interests of its members to the European Parliament, Commission and Council of Ministers as well as to other policymakers and transport actors. CER s main focus is to promote a strong rail industry that is essential to the creation of a sustainable transport system which is efficient, effective and environmentally sound. COLPOFER In 1981, some railway companies and railway police forces founded a European organisation with the name COLPOFER (French: Collaboration des services de police ferroviaire et de sécurité). This collaborative body is associated as a special group to the International Union of Railways (UIC). Since its foundation and following the enlargement of the European Union, further European railway companies and railway police forces have joined the COLPOFER Association. The functions of the Association: exchange of experience and information on methods for preventing and combating crime on railway premises; common approach to combat crime on railway premises; exchange of information on the operational security situation of international significance and concerning railway operations; provision of recommendations to railway companies and railway police forces to improve security and the subjective feeling of security of railway customers and staff; provision of recommendations to other bodies involved in or responsible for railway transport security. EIM EIM, the European Rail Infrastructure Managers, was established to promote the interests and views of the independent infrastructure - 6 -

7 managers in Europe, following the liberalisation of the railway market. The organisation was fully established in spring EIM works to improve the development of the rail transport mode. It also acts as an advocacy organisation towards the European Institutions and together with the industry. EIM provides expertise to the appropriate European bodies including the European Rail Agency (ERA). ERFA ERFA, the European Rail Freight association, was established in 2002 following the adoption of the 1 st Railway Package to liberalise the rail freight market. The mission of ERFA is to promote European rail freight transport and its stakeholders active in that area through the complete liberalisation of that market. Its scope of activities encompasses legal, technical, financial, administrative and social issues. RAILPOL RAILPOL is a Network of (Railway) Police organizations which, under responsibility of the competent governmental authorities, are charged with carrying out police tasks related to the railways in the EU member states. The Dutch National Police Agency (KLPD) is responsible for the day-to-day management. RAILPOL was established in 2004 and 19 Police organisation from 17 EU-Member states and also Switzerland and the U.S.A. are members. The network is still growing. RAILPOL is the Monopolist for Railway Policing on EU level. RAILPOL focuses at cross-border law enforcement and crime prevention within the EU in the specific domains of rail transport and train stations. UIC UIC is the worldwide organisation for international cooperation among railways and promotion of rail transport at a global level. Founded in 1922, it currently gathers 200 members on all 5 continents, among them railways, rail operators, infrastructure managers, etc... The main UIC objectives are facilitate the sharing of best practices among members (benchmarking) - 7 -

8 support members in their efforts to develop new business and new areas of activities propose new ways to improve technical and environmental performance promote interoperability, create new world standards for railways (including common standards with other transport modes) develop centres of competence (High Speed, Safety, Security, ) UITP UITP, the International Association of Public Transport, is the international network for public transport authorities and operators, policy decision-makers, scientific institutes and the public transport supply and service industry. UITP covers all modes of public transport: metro, bus, light rail, regional & suburban rail and waterborne transport. In the European Union, the UITP EU committee and EuroTeam represents the interests of public transport undertakings in relation to the European institutions