Towards an Integrated European Railway Territory

Our country, found in the ambitious race of the adhering process to the European Union, is periodically leveled at by the fire of recommendations coming from the EU officials who are supervising our evolution.
Romania is facing a double challenge: it should perform the stages absolutely necessary for reaching at the standard at which the European Union presently is and, concomitantly, to be up to date with what it is presently going on and with the projects that are stipulated for the future. And the transport field is one of the most active from the transformations point of view.

On September 2001 it was published, under the aegis of the European Community, the White Chart - the European Policy of the transports at the horizon of the year 2010: the election time. For the EU member countries this work presently represents the basic document in the development process of their own transport systems. Yet, for us these are still…desiderata.
Therefore, in the preface of this document it is said, among others, that for a nation to be competitive from the economical point of view it needs a well-tuned up transport system. There should be mentioned that the level of the European Union of this sector represent 1,000 billion Euro - amount representing more than 10 percent from the internal raw product of the Union - and offers places of work to a number of over 10 million persons.
Mainly, the action program of the White Chart for the transports stipulates three types of measures with general features:
- the creation of a framework with equitable tariffs for all the modes of transport;
- the development of the trans-European networks of transport; the main priority - the railways and the great railway projects;
- the creation of an integrated European railway territory.
During the first part of the year 2002 the European Community has issued a new package of recommendations, suggestively named Towards an integrated European railway territory, which brings complements, explanations and annotations to the White Chart.
Are there also needed new measures and is there granted too much importance to the railways on the European plan?
Due to the fact that a great part of the railway system, especially in the freight transport sector, has continued to be degraded in the last years: since 1970 up to 1998 the freight traffic has been decreased from 20% to 8%. Today there are considered that, by putting into operation of all the railway capacities that are not used and that are less polluting, the railway will become once again one of the key in the fight against the congestion that asphyxiates the road transport sector and, in the same time, an important mean for environment protection. That's why, the White Chart, of the transports aims with priority the modal re-balancing and, especially the revitalization of the railways. And through the new package of recommendations it is launched a new series of measures by which the EU is rapidly progressing to an integrated European railway territory.
The European Commission is submitting the proposal to complete in the shortest time possible the rules according to which the regulations operate the railway sector through five new texts regarding the strengthening of the security, the provision of the interoperability and the opening of the market for the freight railway transport. Concretely, these five new legislative proposals are:
1. the conclusion of a mutual agreement on the railway security - directive proposal;
2. the completion of the fundamental principles of interoperability - the project for the modification of the directives 48/96 and 16/2001;
3. the creation of an efficient steering tool: the European Railway Agency - the regulation project;
4. the completion of the internal market of the freight railway transport services - project for the modification of the Directive no. 44o/91 for the opening of the market;
5. the clarification of the role of the European Community in relationship with the Intergovernmental Organization for the International Railway Transport (OTIF) - recommendation of decision to the Council.

The transposition into practice of the "Infrastructure Package"

The legislative framework created by the White Chart has given the start to the revitalization of the railway sector. Through the adoption of the directives 12/2001, 13/2001 and 14/2001 there has been formed the "Infrastructure Package", in force since March 15, 2001, which provisions should be transposed into practice up to March 15, 2003.
These directives have as main goal the clarification of the role and the responsibilities of the "actors" from the railway sector: the railway companies - in charge with the transport operations, the administrators of the infrastructure - in charge with the development of the infrastructure and the provision of the access in optimal conditions and adapted to the reality, and, finally, the control bodies - in charge with the arbitration of the possible conflicts that could appear between the transport operators and the railway infrastructure administrators.
The relationships between these partners should be registered in a framework that should provide the transparence of the information that is made available for the operators, the juridical security of the contractual relationships and the neutrality of the essential operations, which are: the leasing of the railway undertakings licenses, the allocation of the infrastructure capacities and its tariffs for utilization.
These are, in fact, the minimal conditions that allow to the existing operators to develop their pan-European services and to those that will appear in the future, to launch themselves in the exploitation of the railway services.
The financial relationships between the various activities should be emphasized through a separation of the effective accounting, which will allow to the railway undertakings to understand better the costs of their operations and to avoid as much as possible the subsidies. This clarification of the accounting situation is a natural requirement of the European contributors, who see that 35 billion of Euro are annually "swallowed" by the railway system as investments in the infrastructure and of compensations for the public services. In all these operations, the transparence is, in fact, a task of the respective railway company.
The juridical framework is provided, on one hand, by the regulations stipulated in the European directives, which the states should transpose in their national legislation, guaranteeing in the same time the respecting of the clarity, and, on the other hand, through the respecting of the communitarian competition rules, as well as of those regarding the support granted by the state to the railway companies.
The directive no. 12/2001 also stipulates the achievement by the Community of a permanent observing system for the evolution of the transcontinental railway sector. The European Commission has created for this the basis of a surveillance mechanism for the railway market, which aims the surveillance of the evolution of the statistics and of the indicators in order to allow a faster detection of the tendencies from this sector. Elaborated in collaboration with the EU member states and with all the "actors" from the railway sector, this represents a precious tool for the appreciation of the new European dimension, which also includes the states that are getting ready for adhering in the next period of time.

The completion of the fundamental principles of interoperability

Besides the achievement of a precise juridical framework in the filed of railway security, the building of an integrated railway territory makes extremely necessary for putting into operation the interoperability, in the high speed field, as well as in the conventional railways.
Through the adoption of the Directive no. 96/48/CE since July 1996, there have been given the start in the elaboration of the technical specifications of interoperability (STI), essential elements for the provision of the interoperability on the high speed railway network. Concomitantly, then it was beginning a real revolution aiming the technical harmonization in the railway sector, characterized by approaching certain new working methods meant to lead to the achievement of a balance between all the factors involved in this process.
In the meantime, the railway administrators, the railway companies and the industry have reunited, have created the European Association for the Railway Interoperability (AEIF) and have started to learn to work together for the finalization of the project regarding the technical specifications of interoperability.
The new procedures that have been approached and the new working methods have extended the time for the achievement of these specifications, which have been initially estimated to three years: their adoption was stipulated for the end of year 2001, entering in force at the middle of 2002. A development program of appropriate European norms has been launched in 1998 and it is periodically connected to the realities.
In the meantime, the European railway network has continued its development. Therefore, it was reached to the conclusion that it is quite necessary the acceleration of the interoperability process, especially in the next three directions:
- the improvement of the coordination of the investments in the trans-bordering projects of the various EU states, by the increase of their economical efficiency; in this respect, there has been proposed in 2002, through the article 155 (2) from the EC Treaty, a new coordination modality;
- the application of the interoperability technical specifications in case of the great maintenance works and important modernization and extension works which are related to the high speed lines and are in full development stage;
- the financial support from the trans-European network budget for the finalization of the interoperability technical specifications.
The Directive no. 16/2001 on the interoperability on the conventional railways sets up, as at the high-speed lines, the communitarian procedures for the preparation and the adoption of the interoperability technical specifications, as well as the common rules for the evaluation according to this specification.
The Directive imposes the adoption, in a three years time, namely up to 2004, of a first group of technical specification s for the interoperability in the following directions:
- command-control at signaling;
- thelematic applications in freight transport;
- the exploitation and the administration of the traffic (including the qualification of the personnel for the trans-bordering services);
- the freight wagons;
- the sound pollution caused by the rolling stock and by the infrastructure.
For the conventional railways there is stipulated the possibility of occurrence of a larger number of difficulties related to the adoption of the technical specifications for the interoperability, because it is about an old system and not about one that is still in construction stage, as in the case of the high speed lines. Due to this, the technical and operational differences are much larger and more numerous, there also adding the multitude and the variety of the institutions involved in.
These are the reasons that have led to the decision that have been taken by the European Commission to progressively adopt the technical specifications for the interoperability, starting with those that can be the most efficient from the economical-social point of view.
After the analysis of all the changes to which the railway system has been submitted, there has been taken the decision to operate certain changes in the provisions of the two directives on the railway interoperability (48/96 and 16/2001). These were also performed in order to enhance the total opening process of the railway networks, not only in point of the railway services for freight transport, as the decision of the European Union is stipulating for the next period, the process compulsorily implies the implementation of the interoperability on the entire European railway network.

CCFE position towards the new European regulations

After analyzing the White Chart of the transports and the second railway package, named Towards an integrated European railway territory, the European Railway Community (CCFE) has issued, on March 2002, a document comprising its official position on the new community projects.
Generally, CCFE has given a positive appreciation to the objectives presented in the second railway package; understanding that the projects from the White Chart aim the promotion of the traffic transfer towards the railways, in a political framework of a sustainable development CCFE shares the EC opinion for the revitalization of the railway sector (especially of the freight transport) and the enhancement of the intermodal transport. Still, it considers that the measures included in this package do not reflect very well the course of the works. For example, in CCFE specialists' opinion, it is extremely necessary that the trans-modal frame-directive on the fares to be effectively elaborated and transposed in practice, therefore the objectives of the package and the ones of the White Chart would have been compromised. There is also taken into consideration the unrealistic grant of an excessive importance for the contribution of the "new railway undertakings coming from other industrial sectors" to the increase of the railway traffic.
CCFE understands the necessity for the liberalization of the transports market and of the competition regulations, yet, concomitantly, considers that the adoption of the existing railways of a pure commercial approach is not the best thing to do, because there is not taken into account the commercial and social conditions in which the railway companies are developing their activity.
Referring to the five legislative proposals, CCFE has formulated a series of amendments and proposals. Therefore, with respect to the creation of an European Railway Agency (ERA), CCFE admits that such an institution is necessary and it is in compliance with the community legislation which stipulates the transfer of the responsibilities in point of regulations from the national authorities to the ones of the community, in order to respect the principles of subordination and proportionality.
The European Railway Agency, sustained through the works of the European Association for the Railway Interoperability (EARI), will be in position to provide coherence in the security and interoperability field and to produce the technical norms which will aim the harmonization, innovation and value, next to a satisfying cost/benefit report.
Still, CCFE shows its concerns for the text of this regulation, because this do not provide the achievement of a clear repartition of the responsibilities between the new body, the national and railway professional bodies already existing in point of rules, of establishing the norms and the supply of services. The juridical and economical responsibilities of the decisions taken in each of these fields, to which there is added the security, that should be clearly defined. And that due to the fact that the creation of the respective agency could lead to the doubling of the responsibilities of certain national bodies that already exist.
With respect to the second legislative proposal, having as themes the railway security, CCFE sustains the intention of the European Community, clearly showing that certain problems need a greater detailing. And for example with respect to guarantee the development of the intermodal transport, consider that it is important to avoid the increase of the distance between the exigencies imposed to the road and railway transport because there could prejudice, at a certain moment, the railways.
The definition of the role, of the competence and of the responsibilities of the railway administrators is another important point that should be clarified in order to offer to the system the coherence required in the general process of railway security.
The third proposal, referring to the interoperability and to the modification of the directives 48/96 and 16/2001 there has been also deepened by CCFE by performing its own studies there is considered that through the achievement of the interoperability there is created a fundamental element for the revitalization of the railway transport. The experience accumulated through the high-speed railway transport interoperability can offer a good orientation, the extension of the interoperability on the entire EU railway network being sustained by all the factors that are involved.
The works performed for putting into practice this objective should be executed based on the common legislation, mainly represented by the new directive proposed. CCFE next to the EARI, will examine the modifications proposed and will formulate detailed comments on them within the position works from the next period.
The forth proposal, regarding the relationships of the European Community with the Intergovernmental Organization for International Railway Transport (OTIF), is regarded as an intention for sustaining the permanent development of the activity developed on the railways, as well as the reduction of the bureaucracy.
The proposal for the modification of the Directive no. 440/91, the fifth legislative proposal of the second railway package, will also be closely watched by CCFE. The constant differences between the EU member states in point of national policies and the financing types represent as many divergences that will make this more difficult in the creation of the new generally valid norms.
That's why, the collaboration of the European Union with the various continental professional organizations, as the ones in the transports field, can be encouraging for all parties involved, and, finally, the contributors will take advantage of the results, the citizens of the European Union, among whom we are hoping to be one day.

Silvia Mirea