Railway Regulation Act
| Basic data | |
|---|---|
| Title: | Railway Regulation Act |
| Abbreviation: | ERegG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | |
| References : | 930-14 |
| Issued on: | 29 August 2016 ( Federal Law Gazette I p. 2082 ) |
| Entry into force on: | 2nd September 2016 |
| Last change by: |
Art. 2 G of June 29, 2020 ( Federal Law Gazette I p. 1531 ) |
| Effective date of the last change: |
January 1, 2020 (Art. 3 G of June 29, 2020) |
| GESTA : | J023 |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The Railway Regulation Act is a German law regulating the railways in Germany. Among other things, it replaces the Ordinance on the Use of Railway Infrastructure .
The law transposes Directive 2012/34 / EU into national law. The aim is to achieve more competition on the railways, among other things by prohibiting the owners of railways from setting train path prices arbitrarily.
The law was enacted as Article 1 of the Law on Strengthening Competition in the Railway Sector.
content
With the law, the development of the station prices is linked to that of the regionalization funds. According to its own information, DB Station & Service intends to align the price development with this regulation. In the future, investments from own resources to expand or improve the system inventory and increase performance should be avoided as a matter of principle, unless a deviation agreement is concluded with local authorities. The previous double control by courts will be replaced by approval of the prices by the Federal Network Agency.
In addition, comprehensive incentives will be integrated into the law. The train path prices can also be differentiated according to the vehicle equipment with the European train control system ETCS . However, regional infrastructure operators are excluded from the regulation. There are also regulations regarding the segmentation of the market. In future, all public railway infrastructure companies will have to decide on framework timetables; the train path pricing system must be submitted to the Federal Network Agency for approval.
history
The law was passed in the Bundestag on July 7, 2016. The Federal Council approved the following day.
A first draft law, which was seen as an ambitious implementation of the EU directive, was presented shortly before the 2013 federal election . Railway chief Rüdiger Grube convinced the minister-presidents of the federal states at short notice to block the draft law in the Federal Council's mediation committee. In order to avoid infringement proceedings , the new Federal Transport Minister Alexander Dobrindt presented a new draft in January 2016. To this end, some amendments were submitted by the Bundestag and more than 50 amendments by the Bundesrat. A broad consensus was reached in mid-June 2016; the wording of Paragraph 37 (“Structure of the train path and station charges for passenger transport services within the framework of a public service contract”) was disputed . By influencing the DB board member Ronald Pofalla allegedly regulations in favor of the Deutsche Bahn had been softened.
Der Spiegel described it as "one of the most bizarre laws of the legislative period" and a "prime example of what goes wrong in the legislature" after topics not related to the law had been mixed up in advance and lobbyists had exercised the greatest possible influence. Due to the influence of Ronald Pofalla, who was still minister of the Chancellery in 2013 and is now a member of the board of directors of Deutsche Bahn, a law passed to restrict the influence of Deutsche Bahn is almost ineffective.
Individual evidence
- ↑ a b c d Sven Böll: Bad game . In: Der Spiegel . No. 31 , 2016, p. 70 f . ( online ).
- ↑ New legal framework: Railway Regulation Act . In: StationsAnzeiger . No. 17 , August 2016, p. 5 ( PDF file ). PDF file ( Memento of the original from September 18, 2016 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.
- ↑ Law to Strengthen Competition in the Railway Sector. (PDF) In: dipbt.bundestag.de. German Federal Council, July 8, 2016, accessed on August 21, 2016 .
