New Framework Unveiled for Railway Infrastructure Access Fees by European Commission

According to a recent publication by the European Commission, new interpretive guidelines have been introduced regarding track access charges. These guidelines aim to assist national authorities in consistently applying the regulatory framework outlined in the Single European railway Directive 2012/34/EU, ultimately reducing barriers for market entry.

The Commission highlighted that track access charges are crucial for infrastructure managers and constitute a significant part of train operators’ expenses. A well-structured charging system can enhance market entry, optimize network usage, and boost competitiveness within the rail industry.

This guidance addresses various uncertainties and inconsistent practices surrounding optional mark-ups that may be added on top of direct operational costs incurred by train services.

The Commission asserts that while mark-ups aimed at full cost recovery are not mandatory, they must adhere to principles such as efficiency, openness, and non-discrimination. Essentially,similar services should incur identical mark-ups for comparable use of infrastructure. Additionally,operators providing similar services within the same market segment shouldn’t face different charges based solely on thier equipment or rolling stock type unless there are direct cost differences involved.

It’s critically important that these mark-ups do not hinder rail’s ability to compete with other transportation modes effectively. Capacity can only be withheld from an operator willing to cover direct costs if there’s a request for alternative use of that capacity.

The infrastructure manager has the flexibility to categorize different submarket segments for services under Public Service Obligation (PSO) contracts; however, these segments should contribute fairly towards recovering infrastructure costs without placing undue burdens on other market areas or overshadowing open-access services.

The Commission also noted that congestion charges can take various forms and serve as an effective tool for promoting efficient network utilization. Path reservation fees should complement capacity allocation processes to better match requests with actual needs while minimizing cancellation expenses. Offering discounts could significantly encourage new or improved service offerings.

This initiative has received positive feedback from AllRail—a coalition representing new entrants in the passenger rail sector—who pointed out that high fixed costs pose significant barriers for commercially driven open-access operations.

“When fixed track access fees account for between 30% and 70% of total passenger rail service expenses,” AllRail shared with Railway Gazette International, “it creates a hefty upfront investment before any revenue-generating passengers come aboard.” They further emphasized how these fixed costs surpass those faced by less sustainable transport alternatives using their infrastructures.Thus, they view these updated guidelines as a pivotal move toward establishing a more equitable and affordable track access fee structure conducive to fostering new open-access rail initiatives.”