Overview

Operating licences and allocation of paths

In 1995 the Council of Ministers adopted directive (95/18/EC), which set common criteria for the licensing of railway undertakings established in the European Union. To obtain an operating licence the railway undertaking must meet a number of specific conditions (requirements in respect of good repute, financial standing and professional competence plus civil liability).

Rules on the allocation of railway infrastructure capacity (Directive 95/19/EC) were also adopted in 1995. This directive has been replaced in 2001 by Directive 2001/14. The latter determines the framework conditions under which railway undertakings are allowed to make use of the railway network. It contains provisions on the allocation and charging of infrastructure capacity; the obligation for infrastructure managers to publish a network statement and the creation of a Regulatory Body in each Member State that shall monitor railway market developments and has to act as a referee for conflicts that might arise concerning the use or charges to be paid for the rail network.  The body responsible for managing the railway infrastructure must maintain a balance between income from fees and State contributions on the one hand, and infrastructure spending on the other. Member States must also ensure that the prices charged are market prices, and must not charge fees which are unfair or discriminatory.

The directive does not, however, cover railway undertakings whose activity is confined to urban, suburban and regional transport or the road vehicle shuttle service through the Channel Tunnel.

With the implementation of Directive 2001/13, Member States must notify the Commission of all issued railway licences.