ERFA voices concerns about market re-monopolisation in EU

"The revised network usage conditions of Italian infrastructure manager RFI will require rescue locomotives and wagons, double insurance cover, higher shunting fees, etc, entailing additional investments of tens of millions of euro by the rail freight industry," the ERFA Board confirmed. These costs will further reduce the competitiveness of rail freight because of the re-monopolisation process.

Given the situation in several EU countries, the Recast of the first Railway Package for the liberalisation of the rail freight market in the EU must be strengthened substantially to prevent discriminatory measures such as those in Italy.

"The obstacles are legal, technical, financial and operational," says the ERFA. "If the Recast does not dismantle these obstacles, private investments by rail freight operators, terminals, ports, leasing companies and wagon keepers will disappear."

The Board will ask the EU institutions to incorporate another legal initiative into the Recast to entitle rail freight operators to receive financial compensation in case they do not get the slots or services they paid for from the infrastructure manager, especially during strikes.

"If railway undertakings suffer financial losses because of infrastructure managers, the latter must reimburse them," says the ERFA, adding that this must be enshrined in the Recast as part of the extended powers of the rail regulators. This would also avoid lengthy and costly court proceedings.

Further substantial problems include delays with safety certification and lack of recognition by the Entity in Charge of Maintenance (ECM). The market will suffer enormous damage if railway undertakings are prevented from operating as of January 1st, 2011, due to not having a valid safety certificate or if national safety authorities do not recognise ECMs.