Third railway package

As a third railway package , a number of will regulations of the European Community to the European railway law referred that in September 2007 the European Parliament adopted. It sees u. a. complete market opening in cross-border traffic, improvements in the area of passenger rights and minimum requirements for the qualification of train drivers .

Regulations

Directive 2007/58 / EC - opening up international passenger traffic

With Directive 2007/58 / EC, the Third Railway Package supplements the provisions on market opening for international passenger transport, including cabotage (serving domestic stops). However, the prerequisite for access is that the main purpose of passenger traffic is actually cross-border. The regulator decides on this. Until 2010, access to cross-border passenger traffic is only guaranteed to “international groups” (Art. 8 (1) RL 91/440 / EEC). The opening of cross-border rail traffic is laid down in Directives 91/440 and 2001/14 / EC.

This access has two restrictions:

Free access to cross-border passenger traffic is only to be granted until 2012 if the proportion of cross-border traffic accounts for more than 50% of the total passenger traffic in this Member State - a regulation that only applies to very small Member States.
The more important restriction is: The service of stops may be restricted without time restrictions if these would jeopardize the “economic equilibrium” of a public service in local, suburban and regional traffic - a reference to the PSO regulation , which has just been passed , in which the award of these public services is regulated. The regulator decides whether a restriction is justified and in what form.

The regulation is the result of a compromise and harbors legal uncertainties, especially as the allocation of train paths and the operation of stops are regulated differently. It can be the case that a competitive operator wins a route but is not allowed to operate the stations in order not to upset public service traffic. Exactly this could be inferior in the allocation of train paths and not be able to serve its traffic at all.

Directive 2007/59 / EC - regulations for train drivers

The Directive 2007/59 / EC on the certification of train drivers meet a number of regulations on the use and certification of train drivers. Driving licenses issued in one Member State are recognized by the other Member States. The prerequisite is a minimum age of 20 years, from the age of 18 a purely nationally valid driving license can be issued. Another prerequisite for issuing a driving license that is valid on foreign networks is at least nine years of schooling and proof of appropriate language skills.

VO (EG) 1370/2007 - Public passenger transport services by rail and road

The Regulation (EU) no. 1370/2007 on "public passenger transport services by rail and road" entered into force on 3 December 2009. The aim of the regulation is to strengthen the idea of competition in publicly ordered transport. The ordinance contains rules according to which public transport services are to be awarded in the context of a tender. However, various exceptions also allow a direct award to companies.

VO (EG) 1371/2007 - Rights and obligations of passengers in rail traffic

A new passenger rights regulation (EC) 1371/2007 , which came into force at the end of 2009, provides for a strengthening of passenger rights. The ordinance includes regulations for the liability of railway companies (RUs) for passengers and their luggage, binding compensation in the event of longer delays, the transport of people with restricted mobility and the information to be provided by the RUs.

Contrary to the original plan, which only provided for a regulation for cross-border traffic, the regulation will also apply to internal traffic in the Member States. However, the EU members have the option of exempting national long-distance transport from this regulation for up to 15 years. In addition, urban, suburban and regional traffic can be exempted from the regulation indefinitely.

In the future, RUs must inform passengers of their rights in accordance with the regulation package. In addition, companies may need to a. Provide information on timetables, conditions of the journey as well as the shortest journey time and the cheapest fare. Further information is to be provided on accessibility and conditions for people with reduced mobility and on taking bicycles with you. In future, it is also mandatory to provide information about foreseeable delays and operational disruptions, as well as about complaints procedures and the procedure in the event of loss of luggage.

history

The European Parliament passed the Third Railway Package on September 25, 2007.

Individual evidence

↑ Directive 91/440 / EEC

↑ Regulation (EC) No. 1370/2007

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