Long-distance passenger rail transport law

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Basic data
Title: Law on the organization of long-distance passenger rail transport (drafts 2017 and 2018)
Short title: Long-distance passenger rail transport law
Previous title: Law to guarantee long-distance passenger transport (draft 2001)
Act to guarantee long-distance passenger transport (draft 2008)
Abbreviation: SPFVG
Type: Federal law (draft)
Scope: Federal Republic of Germany (planned)
Legal matter: Administrative law , railway law
Issued on:
Entry into force on:
Weblink: Text of the SPFVG
Please note the note on the applicable legal version.

A long-distance passenger rail transport law (SPFVG) in Germany is intended to fill out the federal guarantee mandate for long-distance rail passenger transport (SPFV) in accordance with Article 87e, Paragraph 4 of the Basic Law , by ensuring a basic offer for long-distance rail passenger transport by the federal government - in analogy to ensuring local rail passenger transport by the federal states becomes. The frame of the minimum national supply in the long-distance passenger traffic is doing in a regularly updated on a long-distance passenger transport plan be anchored. Earlier draft bills with the same goal in part had the working title of the Federal Long-Distance Passenger Rail Transport Act (BSPFVG).

A draft law already passed by the German Bundesrat is currently in the parliamentary procedure of the German Bundestag . In the explanatory memorandum for the law, the Federal Council states, among other things, that it does not share the opinion that is often put forward that the federal government is already adequately fulfilling its constitutional responsibility to secure long-distance transport services simply by providing budget funds for investments in federally owned railways. In the opinion of the Federal Council, such investments would not ensure that the corresponding transport offers actually exist.

background

In view of the fact that the federal states are already responsible for local rail passenger transport (SPNV) and the reduction in the range of local rail transport services and the connected cities, which has been evident since 1996 as a result of Deutsche Bahn's own economic orientation, and taking into account the guarantee mandate enshrined in the Basic Law, the state of Rhineland-Palatinate has in the year 2015 took the initiative for a new draft law. This ties in with earlier drafts from 2001 and 2008 and was concretized in cooperation with passenger associations (above all the German Railway Customers Association , the Railway Interest Group ).

goal

The main content of the draft law is the idea of ​​a long-distance rail passenger transport plan (SPFV plan). According to the current draft law, the basic offer in long-distance passenger rail transport is to be laid down in a long-distance rail passenger transport plan to be updated every three years. At least the locations to be connected, the connection points, the lines to be traveled, the cycle sequence and the daily service time on the individual lines should be shown here (cf. § 2). According to the draft law, the long-distance passenger transport plan should require the approval of the Federal Council.

Legislative process

Due to the provisions of the Basic Law, Article 87e, Paragraph 5, a law with regard to long-distance passenger rail transport requires not only the approval of the German Bundestag, but also the Bundesrat. For its part, the Bundesrat can submit bills to the German Bundestag on the basis of Article 76 of the Basic Law.

Federal Council

In order to implement the Federal Council's right of initiative to introduce bills into the Bundestag, the draft bill was first introduced to the Bundesrat in December 2016 by Rhineland-Palatinate together with the states of Brandenburg, Bremen, Saarland and Thuringia and from then on as Bundesrat printed matter BR-Drs. 745/16 treated. After corresponding consideration in the Federal Council's committees, the draft law was passed by a majority by the plenary session of the Federal Council at its meeting on February 10, 2017. Since the draft law was no longer dealt with by the German Bundestag in its legislative period at that time, despite being introduced on time, the Bundesrat decided in its session on March 23, 2018 to introduce the draft law again with printed matter 81/18.

Bundestag

In a letter from the Federal Chancellor dated March 29, 2017, the approved BR-Drs. 745/16 forwarded to the German Bundestag and distributed to its members as Bundestag printed matter (BT-Drs.) 18/11747, which also contains a negative opinion from the Federal Government . Since it was not passed by the end of the legislative period at that time , the project fell victim to parliamentary discontinuity . As a result of a new Federal Council resolution on March 23, 2018, a further referral is pending in the German Bundestag.

Comparable initiatives from the past

The initiative made by the state of Rhineland-Palatinate in 2015, which is currently still in the legislative process, builds on numerous previous initiatives, none of which ended in a law that was passed and entered into force. The main objective (organization, ordering and financing of a basic offer in long-distance passenger rail transport by the federal government; determination of details in a regularly updated long-distance passenger rail transport plan) was always the same; the earlier initiatives showed differences with regard to the respective political circumstances and the specifically proposed measures.

2001

In the context of a far-reaching thinning of the long-distance transport offer by DB Fernverkehr around 2000/2001 , the first initiatives were started both in the Federal Council and in the Bundestag to legally stipulate a minimum offer in long-distance passenger rail transport.

This includes the joint legislative proposal by the states of Baden-Württemberg and Bavaria, with which they passed the draft of a law to guarantee long-distance passenger transport on February 1, 2001 - Federal Long-Distance Passenger Rail Transport Act (BSPFVG) as BR-Drs. 82/01 in the Federal Council. Among other things, the subject of the law should be the stipulation of a minimum offer in the amount of the DB offer before the intended discontinuation of many lines and the establishment of a long-distance rail passenger transport plan to be updated every two years. At its meeting on February 16, 2001, the Federal Council referred the bill to its committees. Further resolutions on this printed matter are not known.

Almost at the same time, on March 27, 2001, the PDS parliamentary group introduced an identical bill to the German Bundestag with printed matter Drs. 14/5662. This was rejected by the German Bundestag in its session on October 18, 2001 after being dealt with twice in the plenary and after referring to the committees.

As early as March 6, 2001, the CDU / CSU parliamentary group with BT-Drs. 14/5451 introduced a motion into the parliamentary procedure, with which the federal government should be asked to submit the draft of a law to guarantee long-distance passenger rail transport with key points specified in the motion. The key points mentioned should include a certain "minimum scope for the warranty order in train kilometers per calendar year" and a long-distance rail passenger transport plan to be updated every two years. The motion was dealt with on March 29, 2001 in the plenary session of the Bundestag, subsequently in the responsible committee. In the plenary session of the German Bundestag on October 18, 2001, the request was supported by the PDS parliamentary group, but was rejected by a majority.

2008

In connection with the planned partial privatization of Deutsche Bahn AG in 2007/2008 and under the influence of numerous related bills by the Federal Government and the German Bundestag, the Federal Council passed on May 23, 2008 the draft of a law to ensure the quality of the railway infrastructure and long-distance services (BR-Drs 315/08). Article 2 of this article law contained the draft of a law to ensure long-distance rail passenger transport , the subject of which was, among other things, a long-distance rail passenger transport plan and report that would have to be updated every two years. The legislative initiative initially came from the state of Saxony-Anhalt, but was ultimately introduced to the Federal Council together with Bavaria, Hesse and the Saarland.

In a letter from the Federal Chancellor dated July 2, 2008, the approved BR-Drs. 315/08 forwarded to the German Bundestag and distributed to its members as Bundestag printed matter (BT-Drs.) 16/9903, which also contains a negative statement by the Federal Government . The draft law was first discussed on October 16, 2008 in the German Bundestag and referred to the committees. In the absence of further or final consideration, the draft law was done with the end of the electoral period with the Bundestag election in September 2009 .

2015

On March 3, 2015, the parliamentary group DIE LINKE and BT-Drs. 18/4186 submitted an application to the German Bundestag on the subject of "Guaranteeing long-distance passenger transport", with which the Federal Government should be asked to submit a draft law to guarantee long-distance passenger transport with key points specified in the application. The key points mentioned should include a certain "minimum scope for the warranty order in train kilometers per calendar year" and a long-distance rail passenger transport plan to be updated every two years. The applicants took up the identical motion of the CDU / CSU parliamentary group of March 6, 2001 (in BT-Drs. 14/5451). The application was discussed in Parliament and the relevant technical committees in 2015 and was finally rejected by a majority on December 16, 2016.

2017, 2018

On February 10, 2017 and again on April 27, 2018, the Federal Council decided on the draft of a SPFVG, which the Federal Government rejected in each case. A referral in the German Bundestag is still pending (as of December 2018).

Individual evidence

  1. ↑ a b Bill of the Federal Council. (PDF; 252 kB) Draft of a law for the organization of long-distance passenger rail transport (Rail Passenger Long-Distance Transport Act - SPFVG). In: Printed matter 18/11747. German Bundestag, 18th electoral term, March 29, 2017, pp. 3-11 , accessed on May 19, 2017 .
  2. ↑ a b Draft of a law for the organization of long-distance passenger rail transport (Rail Passenger Long-Distance Transport Act - SPFVG) - application by the states of Rhineland-Palatinate, Brandenburg, Bremen, Saarland, Thuringia - (Federal Council document 745/16). (PDF) German Federal Council , February 10, 2017, accessed on May 13, 2017 .
  3. ↑ Finally improve the framework conditions for long- distance passenger rail transport! In: Signal ( https://signalarchiv.de/ ), issue 2/2016. 2016, accessed May 13, 2017 .
  4. ↑ Draft of a law on the organization of long-distance passenger rail transport (Rail Passenger Long-Distance Transport Act - SPFVG) (Federal Council document 745/16). (PDF) German Federal Council , February 10, 2017, accessed on May 13, 2017 .
  5. ^ Stenographic report, 953rd meeting. (PDF) In: Plenary minutes, 953rd meeting, p. 19 German Federal Council, February 10, 2017, accessed on May 13, 2017 .
  6. ↑ Basic information about the process. German Federal Council, accessed on March 26, 2018 .
  7. ↑ Basic information about the process. ID: 18-78501. German Bundestag - Documentation and Information System, accessed on March 26, 2018 .
  8. ↑ Legal proposal by the states of Baden-Württemberg, Bavaria. (PDF; 425 kB) Draft of a law to guarantee long-distance passenger rail transport - Federal Long-Distance Passenger Rail Transport Act (BSPFVG). In: Drucksache 82/01. Federal Council, February 1, 2001, accessed on May 19, 2017 .
  9. ^ Stenographic report, 759th meeting. (PDF) In: Plenary minutes, 759th meeting, p. 41. German Federal Council, February 16, 2001, accessed on May 19, 2017 .
  10. ↑ Basic information about the process. ID: 14019568. German Bundestag - Documentation and Information System, accessed on May 19, 2017 .
  11. ↑ Basic information about the process. ID: 14-55325. (No longer available online.) German Bundestag - Documentation and Information System, formerly in the original ; Retrieved May 19, 2017 .  ( Page no longer available , search in web archives )@1@ 2Template: Toter Link / pdok.bundestag.de
  12. ↑ a b Basic information about the process. ID: 14011775. German Bundestag - Documentation and Information System, accessed on May 19, 2017 .
  13. ↑ a b Application by the MPs Sabine Leidig, Herbert Behrens, Caren Lay, Dietmar Bartsch, Karin Binder, Heidrun Bluhm, Eva Bulling-Schröter, Roland Claus, Kerstin Kassner, Ralph Lenkert, Michael Leutert, Gesine Lötzsch, Thomas Lutze, Kirsten Tackmann, Hubertus Zdebel and the DIE LINKE parliamentary group. (PDF; 146 kB) Guarantee of long-distance passenger rail transport. In: Drucksache 18/4186. German Bundestag, 18th electoral term, March 3, 2015, accessed on May 19, 2017 .
  14. ↑ a b c Basic information about the process. ID: 16-13905. German Bundestag - Documentation and Information System, accessed on May 19, 2017 .
  15. ↑ a b Bill of the Federal Council. (PDF; 350 kB) Draft of a law to ensure the quality of the railway infrastructure and long-distance transport. In: Drucksache 16/9903. German Bundestag, 16th electoral term, July 2, 2008, accessed on May 19, 2017 .
  16. ↑ Legal proposal by the state of Saxony-Anhalt. (PDF; 170 kB) Draft of a law to ensure the quality of the railway infrastructure and long-distance transport. In: Drucksache 315/08. Federal Council, May 7, 2008, accessed on May 19, 2017 .
  17. ↑ Basic information about the process. ID: 18-65517. German Bundestag - Documentation and Information System, accessed on May 19, 2017 .
  18. ↑ http://dip21.bundestag.de/dip21/btd/19/020/1902074.pdf http://dipbt.bundestag.de/extrakt/ba/WP19/2332/233294.html
  19. ↑ Law on long-distance passenger rail transport blocked . In: Eisenbahn-Revue International . No. 1 , January 2019, ISSN  1421-2811 , p. 12 .