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 2 27 May 2011 EFRTC – General Meeting in Zürich 3 White Paper on Transport 27 May 2011 European Transport Policy Framework for the next ten years EFRTC – General Meeting in Zürich 4 White Paper on Transport INSTITUTIONS January to March 2009: Preparatory debate 17 June 2009: Commission publishes its communication December 2009: Presidency conclusions February 2010: EP Report June 2010: EP TRAN Committee vote 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: CER EIM UNIFE Position Paper 25 June 2010: 1st UNIFE PB meeting with Kallas 14 September 2010: 2nd UNIFE PB meeting with Kallas UNIFE 27 May 2011 EFRTC – General Meeting in Zürich 5 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 Parliament: 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 6 7 White Paper - Structure Published on 28 March 2011 http://ec.europa.eu/transport/strategies/2011_white_paper_en.htm 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 1. 2. 3. 4. Growing Transport and supporting mobility while reaching the 60% emission reduction target 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 8 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 medium-distance passenger transport should go by rail 9 White paper – key rail-specific measures (1/2) ERTMS • The deployment of ERTMS is a priority • For the first time, the Commission also stress the need to support ERTMS outside European borders Vehicle authorisation • 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 Liberalisation • 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 10 White paper – key rail-specific measures (2/2) “Polluterpays” principle Innovation 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 11 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 12 27 May 2011 EFRTC – General Meeting in Zürich 13 Rail Investments in Central and Eastern Europe 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 14 Rail Investments in Central and Eastern Europe State of play concerning 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 15 Rail Investments in Central and Eastern Europe State of place concerning absorption capacity • 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 16 Rail Investments in Central and Eastern Europe 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 17 27 May 2011 EFRTC – General Meeting in Zürich 18 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 20 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 markets 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 Interoperability Directive • Is developed by EC and Consil and is voted in the EP (polical consensus) • Needs to be transposed into national law in all MSs • Lays down essential requirements • Calls for TSIs • Defines acceptance process of RST in MSs 27 May 2011 TSIs 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 22 Legal pyramid related to autorisation requirements Directive : Political decision transposed in national law TSIs: Commission decision mandatory Standardisation: voluntary 27 May 2011 EFRTC – General Meeting in Zürich 23 TSIs 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 24 TSIs scope extension ERA started the review of all existing TSIs Structural 1. Rolling Stock 2. Energy 3. Infrastructure Transversal: 1. Person with Reduced Mobility 2. Noise 3. Safety in Railway Tunnels 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 25 2. OTM case Introduction 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 processes 27 TSIs 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 28 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 European Authorisation “National authorisation” according to articles 24 or 25 of ID, in compliance with National Technical Rules National Authorisations 27 May 2011 EFRTC – General Meeting in Zürich 29 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 conformity) 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 30 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 31 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 32 Conclusion Legal Requirements • 1) Railway Directives • Interoperability Directive, NSA delivering autorisation based on: • 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) Additional Contractual Requirements 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 33 Promote rail market growth for sustainable mobility. www.unife.org 34
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