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. 

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. In May, the EC published Guidelines on TACs (with a two-year delay). Although they are not legally binding, the EC announced that it would pursue further coordination measures with national authorities to support the interpretation of TAC schemes according to the guidelines.

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.

EIM in action

• Due to the direct (financial) impact on its members, EIM closely followed the topic with an internal Task Force.
• EIM remains engaged in discussions with the EC and stakeholders to ensure that TAC policies support rail infrastructure investments and align with market needs, particularly in the context of the evolving EU transport and capacity management framework.

Facts & context

Public procurement refers to the process by which public authorities, such as government departments, local authorities, or State-controlled companies, 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 2014 update of the legal framework on public procurement set the “Most Economically Advantageous Tender” (MEAT) as a principle guiding contract award, meaning that economic considerations were central. However, this also enabled the contracting entity 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-price 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 Accelerator Act, a revision of EU public procurement directives and the creation of an EU Critical Raw Materials Centre.

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 continues to exchange on public procurement with the European manufacturing and supply industry (UNIFE) and other stakeholders in the rail sector, especially within the framework of the EU Green Deal and the Clean Industrial Deal as well as the EU Defence & Security Union and in particular military mobility.