Railway law (European Union)

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The railway law of the European Union describes the liberalization measures in rail transport under Union law . It includes those regulations that have been related to the creation of a uniform transport market in the European railway system since the 1990s .

background

The railways are an important part of passenger and freight transport in the EU and of particular economic importance. It plays a central role in coping with the increased demand and congestion in road traffic as well as in relation to the secure supply of fuels and the reduction of CO 2 emissions. Since the 1970s, however, in its capacity as a state monopoly , the railways had continuously lost market share to the road in intermodal transport and contributed to the over-indebtedness of public budgets.

The common European transport policy according to Art. 100 (1) TFEU aims to promote competition with trans-European networks and guarantee the freedom to provide services in order to create incentives for cost reduction, quality improvement and innovation in the rail sector. This also requires a harmonization of the regulations with regard to technology, administration and security. A gradual harmonization of these requirements is essential for the interoperability of the individual national rail systems.

Individual legal acts

The European Commission and the European Council have grouped their measures since 2001 in the First , Second , Third and Fourth Railway Package. These packages are designed to ensure free network access and competitive route use .

The railway packages contain the

  • Directive 2004/49 / EC of the European Parliament and of the Council of April 29, 2004 on railway safety in the Community
  • Directive 2008/68 / EC of the European Parliament and of the Council of September 24, 2008 on the inland transport of dangerous goods
  • Directive 2008/57 / EC of the European Parliament and of the Council of June 17, 2008 on the interoperability of the rail system in the Community
  • Directive 2012/34 / EU of the European Parliament and of the Council of November 21, 2012 on the creation of a single European railway area
  • Council Regulation (EC) No. 1370/2007 of 23 October 2007 on public passenger transport services by rail and road
  • Regulation (EU) No. 1316/2013 of the European Parliament and of the Council of 11 December 2013 on the creation of the Connecting Europe Facility
  • Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the Railway Agency of the European Union
  • Agreement between the European Community and the Swiss Confederation of June 21, 1999 on freight and passenger transport by rail and road, Official Journal L114, April 30, 2002

The European Railway Agency was created as a new authority in 2004 .

On October 31, 2020, Directive 2004/49 / EC will be repealed by Directive (EU) 2016/798 and Directive 2008/57 / EC by Directive (EU) 2016/797.

Nation-state implementation

The German railway reform was heralded with the Railway Reorganization Act of 1994. As a result, the General Railway Act or the Railway Regulation Act were also influenced by European railway law.

See also

Individual evidence

  1. ↑ Bernhard Stüer, Frank Berka: Current Problems of Railway Law XIX DVBl. 2013, pp. 1507–1512
  2. ↑ Stefan Michael Hirner: The legal establishment of competitive structures in the rail transport sector. A comparative law analysis of the implementation of Union law liberalization measures in the Republic of Austria and the Federal Republic of Germany University of Innsbruck, 2013
  3. ^ Georg Rihs: Liberalization of Infrastructure Networks . Vienna, Univ.-Diss. 2009, p. 19 f.
  4. ↑ Rail transport website of the European Parliament , 10/2016
  5. ↑ European law ( Memento of the original from March 4, 2017 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Overview of the EU law applicable in the railway sector, website of the Federal Railway Authority , accessed on March 31, 2017 @1@ 2Template: Webachiv / IABot / www.eba.bund.de
  6. ^ Association of the Railway Industry in Germany (VDB) eV: The European Railway Packages. Contents and implementation of European legislation ( memento of the original from March 4, 2017 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. August 2013 @1@ 2Template: Webachiv / IABot / 80.81.242.68