Objective

Track Access Charges (TACs) are fees paid by Railway Undertakings (RUs) to Infrastructure Managers (IMs) for the use of railway infrastructure. They are based on direct costs incurred by IMs from operating train services, with possible mark-ups depending on market conditions. 

The regulatory framework for TACs is set out in the Single European Railway Area Directive (2012/34/EU) and further detailed in Implementing Regulation (EU) 2015/909. 

To mitigate the financial impact of COVID-19 and the war in Ukraine, the European Commission (EC) temporarily allowed IMs to reduce TACs below direct costs and waive reservation and cancellation charges. This temporary measure, introduced in 2022, was extended several times before expiring on 31st December 2023.

In 2024, the EC reinforced discussions on TACs within the Single European Rail Area Forum (SERAF), i.e. a dedicated subgroup on commercial conditions and TACs. The subgroup shall develop recommendations for the EC, particularly in the context of the rail capacity management proposal of the EC.

Additionally, as part of the Action Plan for Long-Distance and Cross-Border Passenger Rail of 2021, the EC is reviewing TACs to enhance rail network affordability and efficiency. This includes a revision of the EU TAC guidelines in mid-2025 to improve cost structures and support the expansion of cross-border and high-speed rail services.

Facts & context

Public procurement refers to the process by which public authorities, such as government departments or local authorities, purchase works, goods or services. Public procurement plays an important role for the railway sector – and particularly for Infrastructure Managers (IMs) – since IMs manage large projects with significant budgets which need to be procured under national and EU law. 

The updated legal framework on public procurement sets the “Most Economically Advantageous Tender” (MEAT) as a principle guiding contract award, enabling the contracting authority to take account of criteria that reflect qualitative, technical and sustainable aspects of tender submissions as well as the price.

In February 2025, the European Commission’s proposed a roadmap for reforming the EU’s procurement framework. It aims to extend and simplify binding non-pricing criteria in public procurement and joint procurement to build up strategic stockpiles. Within the framework of the roadmap, the European Commission (EC) will publish an Industrial Decarbonisation Accelerator Act, a revision of EU public procurement directives and the creation of an EU Critical Raw Materials Centre.