Public Procurement and Market

Track Access Charges Public Procurement Rail Market Monitoring Scheme (RMMS)
Public Procurement and Market

Track Access Charges

Objective

Track Access Charges (TACs) are the charges payable by a Railway Undertaking (RU) to an Infrastructure Manager (IM) for running a train on the IM’s railway network. In calculating TACs, an IM takes into account many factors: IMs charge costs that are directly incurred as a result of operating the train service and may levy mark-ups at a rate which the market can bear. In addition to provisions in the “Single European Railway Area Directive” setting out the basic framework, a specific regulatory framework on Track Access Charges was developed in 2015 in Implementing Regulation 2015/909 to further specify how to calculate the cost that is directly incurred as a result of operating the train service.

EIM in action

  • Due to the direct (financial) impact on its members, EIM closely follows this topic;
  • To alleviate the financial impact of Covid-19 on all railway undertakings (RUs), the European Commission adopted multiple times a temporary legislation to allow IMs to lower their TACs below direct costs and to waive reservation and cancellation charges; 
  • EIM collected data from its members for the European Commission about the evolution of train-kilometres and train numbers during specific reference periods. 

EIM actions in 2021

  • The “Platform of Rail Infrastructure Managers in Europe” (PRIME) engaged consultants to perform a “deep-dive study into the charging and financing” of railway infrastructure managers in Europe; 
  • EIM participated in the PRIME subgroup on “Track Access Charges”;
  • The members of EIM provided data to the European Commission and PRIME relating to charging and financing. 

Outlook 2022

  • EIM will closely monitor any potential re-evaluation of TACs;
  • Throughout 2022, the European Commission will announce further measures to incentivise international rail passenger services and night trains through lower TACs;
  • The European Commission may also consider instruments that affect the calculation, harmonisation and existence of mark-ups. 

EC Implementing Regulation (EU) 2015/909

EU LEGISLATION INFRASTRUCTURE MANAGERS

REGULATION (EU) 2022/312

EU LEGISLATION INFRASTRUCTURE MANAGERS
Public Procurement and Market

Public Procurement

Facts & context

Public procurement refers to the process by which public authorities, such as government departments or local authorities, purchase works, goods or services from companies. 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 awards, enabling the contracting authority to take account of criteria that reflect qualitative, technical and sustainable aspects of tender submissions as well as the price.

EIM in action

  • EIM continues to advocate a public procurement system which takes into consideration not only price, but also criteria related to whole life-cycle costing, innovation, environment, sustainability and social corporate responsibility.

EIM actions in 2021

  • EIM co-organised with UNIFE and CER a webinar (16 November 2021) on the sector public procurement experience regarding the MEAT criteria, notably in relation to the environmental requirements;
  • EIM continued exchanging information with the European Commission and other stakeholders regarding best practices in public procurement.

Outlook 2022

  • EIM will continue participating in the future meetings of the “EC Expert Group” on the “Competitiveness of the European Rail Supply Industry” (RSI); 
  • EIM will continue attending all relevant meetings at EU level.

Directive 2014/24/EU Public Procurement

EU LEGISLATION INFRASTRUCTURE MANAGERS

Directive 2014/25/EUprocurement by entities operating in the transport sector

EU LEGISLATION INFRASTRUCTURE MANAGERS
Public Procurement and Market

Rail Market Monitoring Scheme (RMMS)

Objective

The European Commission has set up a Rail Market Monitoring Scheme (RMMS) in order to meet the requirements for monitoring the rail market. The RMMS was implemented in 2015 with Regulation (EU) 2015/1100. It defines the reporting obligations of the Member States to the EU in terms of content and data within the RMMS framework. Based on the RMMS query, the European Commission publish every second year a report with statistical information to illustrate the evolution of the EU railway market. 

The RMMS report is relevant for rail infrastructure managers (IMs) as they deliver data via their national ministries to it. A revision of the system is scheduled for 2022. 

EIM in action

  • EIM followed the outcome of the Single European Railway Area Committee (SERAC) meetings dealing with the topic; 
  • EIM advocated avoiding additional reporting obligations or double reporting for IMs, which may create an additional administrative burden; 
  • EIM also sought to limit the collection and reporting of data, which is not yet available elsewhere.

EIM actions in 2021 

  • In March 2021, the European Commission published its 7th RMMS Report; 
  • EIM participated in the RMMS Working Group of the European Commission to discuss the draft implementing act on reporting obligations of the Member States; 
  • EIM has actively followed the issue since 2015 and is preparing for the upcoming revision. 

Outlook 2022

  • By Q2 2022, the European Commission is expected to continue working on the revision of the Implementing Regulation. EIM will underline the need for a good streamlining between the obligations from the RMMS and the obligations from PRIME, in order to avoid doing double work. EIM also considers to include new data categories if they provide sufficient added value. 

EC Implementing Regulation (EU) 2015/1100 onreporting obligations on rail market monitoring

EU LEGISLATION INFRASTRUCTURE MANAGERS
Continue with the part
Strategic Vision