the presentation

Update on European Transport Policy Issues
Relevant to Contractors
EFRTC General Meeting
27 May 2011, Zurich
Nicolas Furio, Infrastructure and Electrification
Manager, UNIFE
27 May 2011
EFRTC – General Meeting in Zürich
27 May 2011
EFRTC – General Meeting in Zürich
White Paper on
27 May 2011
Transport Policy
Framework for the
next ten years
EFRTC – General Meeting in Zürich
White Paper on Transport
January to March
Preparatory debate
17 June 2009:
publishes its
December 2009:
February 2010:
EP Report
June 2010:
July 2010:
Plenary vote
March 2011:
White Paper
Public consultation
23 July 2009:
UNIFE publishes its first
contribution to the debate
entitled: "More Rail=Less CO2”
30 April 2010:
Position Paper
25 June 2010:
with Kallas
14 September
2010: 2nd UNIFE
PB meeting
with Kallas
27 May 2011
EFRTC – General Meeting in Zürich
UNIFE Lobbying Strategy
 The White Paper has been a clear priority topic for UNIFE Public
Affairs activities
 Throughout this process, UNIFE provided input to decisionmakers through:
 Dedicated position papers;
 Meetings with relevant stakeholders (Commission, MEPs...);
 Dedicated events
 On 29 November 2010, UNIFE organised a roundtable at the
 Involved high-level stakeholders from the Commission, Parliament, EEA…
 Several meetings were organised with Transport Commissioner
Siim Kallas
 With Presiding Board members or
 With partner associations (EIM, CER…)
27 May 2011
EFRTC – General Meeting in Zürich
White Paper - Structure
 Published on 28 March 2011
 Replaces the 2001 White Paper on Transport
 Title: Roadmap to a Single European Transport Area – Towards a
competitive and resource efficient transport system
 Original structure of the paper :
 1st part: the Commission’s vision of the future of transport
Growing Transport and supporting mobility while reaching the 60% emission reduction
An efficient core network for multimodal intercity travel and transport
A global level-playing field for long-distance travel and intercontinental freight
Clean urban transport and commuting
 2nd part: 10 goals
 3rd part: Strategy – more comprehensive view of the future measures to be taken
27 May 2011
EFRTC – General Meeting in Zürich
White Paper objectives
A greenhouse gas emissions reduction target for the transport sector
of 60% until 2050 compared to their 1990 level
Specifically asked by UNIFE “from the beginning”
Applies to all transport modes
To achieve this objective, the paper clearly states the need for a
MODAL SHIFT towards rail freight and passenger transport
30% of road freight over
300km should be shifted to
rail or inland waterways by
2030 and 50% by 2050
27 May 2011
By 2050, a European highspeed rail network must be
completed: the length of the
existing high-speed rail
network x3 by 2030 + dense
railway network must be
maintained in all MS
EFRTC – General Meeting in Zürich
By 2050 the majority of
passenger transport should
go by rail
White paper – key rail-specific measures
• The deployment of ERTMS is a priority
• For the first time, the Commission also stress the need
to support ERTMS outside European borders
• Following the explicit demand of the rail sector, the
paper mentions explicitly the objective of achieving a
single vehicle type authorisation and a single railway
undertaking safety certification by reinforcing the role of
the European Railway Agency
• The liberalisation of domestic passenger services,
including mandatory award of public service contracts
under competitive tendering, shall be implemented
• A solid separation between infrastructure management
and rail services is also advocated
27 May 2011
EFRTC – General Meeting in Zürich
White paper – key rail-specific measures
and R&D
27 May 2011
• Taxes and charges should be higher for more
polluting vehicles, according to the polluter pays
principle, e.g. review of VAT exemptions for the
aviation sector
• The European Commission considers
proceeding to “full and mandatory internalisation
of external costs.”
• The paper states that innovation is essential to
reach the objectives of the White Paper
• The calls the fragmentation of research and
development efforts in Europe harmful
EFRTC – General Meeting in Zürich
Next steps
 The White paper is a long-term roadmap giving a clear orientation for
the EU transport in the years to come
 However, it does not include any legally-binding provision: it is now
time for implementation
 UNIFE will remain at the forefront to ensure that the Commission
effectively implements the White Paper provisions
27 May 2011
EFRTC – General Meeting in Zürich
27 May 2011
EFRTC – General Meeting in Zürich
Rail Investments in Central and Eastern
 Problem
 The European Union provides roughly EUR 16 billion for rail
infrastructure investments in Central and Eastern European Member
States (CEECs)
 The problem in many CEECs is twofold:
 Unwillingness to invest in railway infrastructure, rather want to shift funds from
rail to road (e.g. PL)
 Lack of administrative capacity/inability to absorb European funds
Citizens and companies do not benefit from an improved
railway network, our member companies take less orders
27 May 2011
EFRTC – General Meeting in Zürich
Rail Investments in Central and Eastern
State of play
shift of funds
• In PL, like in many CEECs, road projects are vote-winners
and are therefore preferred by governments.
• In view of the coming election, PL wants to invest in road.
• Rather than investing in rail PL plans to shift EUR 1.2
billion from rail projects to road projects
• Such a re-allocation of European funds requires an
authorisation from the European Commission however
UNIFE activities
and results
• UNIFE lobbied the European Commission strongly and on
all levels NOT to authorise the shift of funds
• In our meetings with the European Commission, it stated
that it would not authorise the shift of funds
• The final verdict however is still out because PL has not
yet made an official request, but the European
Commission is prepared
27 May 2011
EFRTC – General Meeting in Zürich
Rail Investments in Central and Eastern
State of place
• Some countries cannot absorb European funding for rail. (Worst
case: Bulgaria: absorption rate of 1% (i.e. 99% of funds for
2007-20013 are not used!!!)
• States struggle to organise functioning projects that are eligible
for funding
UNIFE action
• UNIFE’s strategy is based on the provision of expertise, mainly
in the form of best-practice exchange
• In several conferences UNIFE has brought together and
continues to do so stakeholders and decision-makers from
CEECs with those Member States that were successful in
absorbing European funding for rail
• UNIFE was instrumental in designing the Polish master plan for
rail development and helped the situation in Poland improve
27 May 2011
EFRTC – General Meeting in Zürich
Rail Investments in Central and Eastern
 Current state of play
 Progress on such a dossier is slow. Encouraged by successes in Poland
UNIFE will continue its activities
 The next step will be a conference held in Sofia which targets in
particular the situation in Romania and Bulgaria (28/29 June 2011, with
sponsorship contribution of EFRTC)
27 May 2011
EFRTC – General Meeting in Zürich
27 May 2011
EFRTC – General Meeting in Zürich
1. Directives and TSI
Railway Directives
2 directives regulate the railways system:
1. Interoperability Directive 2008/57/EC
2. Safety Directive 2008/110/EC amending 2004/49/EC
The Safety Directive clarifies the roles and responsibilities
of the actors ensuring the safety of the railway system
The Interoperability Directive specifies the conditions for
authorization for placing vehicles into service
27 May 2011
EFRTC – General Meeting in Zürich
Railway Directives
 Interoperability directive
 The Interoperability Directive (2008/57/EC ) establishes common rules (TSI
completed by national rules for open points and national specific cases) for
putting in service of sub-systems and vehicles, with a view of ensuring the
interoperability of the European system and the opening of the procurement
 The assessment of compliance with these rules results in the delivery by the
NSA of an authorisation to put in service (PIS)
 This authorisation for PIS is sought by an applicant (operator or infra manager or
manufacturer or keeper) and the assessment of compliance is made by a third
party: the Notified Body (NoBo)
 Safety Directive
 One of the main provisions of the safety directive (2008/110/EC) is that it
allocates the responsibility of the safe operation of the railway system among the
economic actors
Directives > TSI > Harmonised Standards
• Is developed by EC and Consil
and is voted in the EP (polical
• Needs to be transposed into
national law in all MSs
• Lays down essential
• Calls for TSIs
• Defines acceptance process of
RST in MSs
27 May 2011
EN Standards
• Contain mandatory
requirements to meet essential
requirements from Directive
• Are law
• Derogation only possible after
agreement with EC
• Are checked by Notified Bodies
• EC declaration of verification is
valid throughout EU
• If EN is quoted, this EN also
becomes laws
• Are in the voluntary domain
except when quoted in TSI
• May be developped on sector
initiative or ERA’s request
• Contain technical solutions
• May be harmonised, which
gives presumption of
conformity to Directive/TSI
• Allowed to adopt alternative
technical solution as long as
not quoted in TSI
EFRTC – General Meeting in Zürich
Legal pyramid related to autorisation
Directive :
Political decision  transposed in national
Commission decision mandatory
Standardisation: voluntary
27 May 2011
EFRTC – General Meeting in Zürich
 TSIs are the tool in order to harmonise the European market and for
a real market opening and cost reductions of authorisation.
BUT: TSIs are currently mandatory only for the Trans European Network
(TEN); Notified National Technical Rules still apply for the off-TEN.
 Therefore TSIs are perceived as additional burden to get the
authorisation instead of a tool to simplify it.
 The new interoperability directive requests the extension of the
geographical scope of the TSI.
27 May 2011
EFRTC – General Meeting in Zürich
TSIs scope extension
 ERA started the review of all existing TSIs
1. Rolling Stock
2. Energy
3. Infrastructure
1. Person with
Reduced Mobility
2. Noise
3. Safety in Railway
 Extension of the geographical scope of the TSIs, as occasion for:
 Merging HS and CR and close the open points
 Eliminate all the unnecessary National Technical rules in order
to restrict them to duly identified national specific cases
27 May 2011
EFRTC – General Meeting in Zürich
2. OTM case
 On Track Machines (OTMs) are considered as both:
 Railway Vehicles
 Track Maintenance Machines
2 Status
 OTMs have to comply with 2 sets of regulations:
 Railway Directives (Interoperability and Safety)
when used as Railway Vehicles
 Machinery Directive when working as a Machine
2 Directives
 Therefore OTMs need, in order to get the authorisation, to
comply with both:
 Interoperability Directive 2008/57
 Machinery Directive
27 May 2011
EFRTC – General Meeting in Zürich
2 Authorisation
 TSIs applicable to OTMs:
 CR Loc&Pas
 Noise (Working configuration out of scope)
 No other TSI seems to be applicable to OTMs
 OTMs don’t have to comply with all Loc&Pas TSI requirements
 Annex C specifies requirements for OTMs both Self propelling and
hauled vehicles
 This until the next revision of the Loc&Pas TSI (expected end 2012)
27 May 2011
EFRTC – General Meeting in Zürich
Interoperability Directive 2008/57 & TSIs
 Therefore OTMs authorisation may be sought for according to 2
different processes:
 “European authorisation” according to articles 22 or 23 of ID, in
compliance with the CR Loc&Pas TSI
 “National authorisation” according to articles 24 or 25 of ID, in
compliance with National Technical Rules
27 May 2011
EFRTC – General Meeting in Zürich
Machinery Directive
 Machinery Directive 2006/42/EC
 Published on 9th June 2006, it came into force 20 days later on
29th June 2006
 The Member States had until 29th June 2008 to adopt and publish
the national laws and regulations transposing the provisions of the
new Directive into national law
 The provisions of the new Directive became applicable on 29th
December 2009
 New approach directive (i.e. allowing the use of harmonised
standards of voluntary application for the demonstration of
 The conformity of machinery is certified by the manufacturer
himself, involving a third party check (Notified Bodies)
27 May 2011
EFRTC – General Meeting in Zürich
Safety – OTM considered as running vehicles
 When running on the railways network, OTM operations are
regulated by the Safety Directive
 The actors in charge of the safety of the system are the Infrastructure
managers (IM) and the Railway Undertaking (RU)
 In order to run OTMs on the railway network, their operators (who
ever they are) need a RU Safety Certificate delivered by the NSA
 If the OTM owners wish to subcontract this running task to a RU, then
additional contractual requirements may also be introduced by this
RU (e.g sncf infra with locomotives for works locomotives?)
 But any intervention of RU or IM in an autorisation for PIS (put in
service) is illegal
27 May 2011
EFRTC – General Meeting in Zürich
Safety - OTMs considered as Machines
 BUT the entity responsible for the safety of the workers under civil
laws on the construction / maintenance site (Infrastructure Managers
or others) may contractually ask for additional conditions to
maintenance companies to allow the use of OTMs
 When operating as a maintenance machine, OTMs have to be
certified under the machinery directive
 But any intervention of RU or IM in the certification for placement on
the market is illegal
27 May 2011
EFRTC – General Meeting in Zürich
Legal Requirements
• 1) Railway Directives
• Interoperability Directive, NSA delivering autorisation based
• Railway NoBo verification (European based on TSI)
• DeBo verification (National Autorisation based on NNTRs)
• Safety Directive for the operation of OTM as raiwlay vehicle
• 2)Machinery Directive (NoBo verification)
27 May 2011
• 1) The entity responsible for the civil works may impose
additional contractual requirements on safety for the
construction/maintenance site
• 2) Railway Undertakings may impose their own contractual
requirements when operating OTMs
EFRTC – General Meeting in Zürich
Promote rail market growth for
sustainable mobility.