The Single European Railway Directive 2012 2012/34/EU is an EU Directive that regulates railway networks in European Union law. This recast the "First Railway Directive" or "Package" from 1991, and allows open access operations on railway lines by companies other than those that own the rail infrastructure. The legislation was extended by further directives to include cross border transit of freight.
In September 2010, the process of merging the directives into a single piece of legislation was begun, with the addition of modifications to strengthen the regulatory framework. The Second Railway Package, the Third Railway Package, and the Fourth Railway Package aim to push integration further.
Background
In many countries in Europe, the railway systems developed as separate privately owned companies operating regional networks with permission to construct and operate a line being granted or instructed by government legislation, or by royal decree or license. During the 20th century the railways became organised and run through a countrywide organisation often through nationalisation. These entities, in general, had total or virtual monopolies.
These national companies were vertically integrated organisations and it was difficult or impossible for private or regional enterprises to run their own trains on the national networks, or to compete in other EU countries' railway systems. Thus in 1991 EU Directive 91/440 was created to make it a legal requirement for independent companies to be able to apply for non-discriminatory track access (running powers) on a European Union country's track.
Description
The aims of the directive are to create a more efficient rail network by creating greater competition. To achieve this aim member states are required to ensure that organisations operating the infrastructure (track, signalling etc.), and those operating services (trains) are separate and run on a commercial basis. Additionally railway companies from all member states are allowed to run services on any other member states rail infrastructure, both for passenger transport and goods. The free competition provided by the mandate is optional for regional and urban passenger trains.
Further related legislation exists which applies to railway operations that are covered by directive 91/440:
Cross border freight in the EU
The directive was further clarified and extended by EU directive 2001/12 which initially allowed cross border freight operations on a network of tracks – to be called the Trans European Rail Freight Network a network which includes ports and freight terminals. The network on which traffic was allowed was to be extended to the whole European network. As a consequence of this new trans-national freight network an additional change was made to the original legislation which required train safety and operating standards to be set out clearly and administered by an organisation that did not run commercial services. The directive also required separate accounting of freight and passenger service revenues and costs.
Track allocation and access charges in the EU
EU directive 2001/14 set out the framework for the construction of bodies that control and regulate the allocation of line possessions to companies, and the charges for using the track, this directive replaced the previous legislation EU directive 95/19.
Licensing of railway companies in the EU
EU Directive 95/18 set out a framework and guidelines for the way in which countries of the EU provide licenses to operate to railway companies; a license provided in one member state is generally valid in all other member states. The directive was further clarified by EU Directive 2001/13 in 2001.
EU Directive 2004/51
EU Directive 2004/51 (part of the Second Railway Package) amended directive 91/440 to include reference to the Trans European Rail Freight Network, and future access by 2007 by licensed rail freight operators of all the European rail network as originally described in directive 2001/12.
Contents
The following summarises the Directive's contents: