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EFRTC General Meeting27 May 2011, Zurich
Nicolas Furio, Infrastructure and Electrification Manager, UNIFE
Update on European Transport Policy Issues Relevant to Contractors
1. White Paper on Transport
2. Rail infrastructure investments in Central and Eastern Europe
3. UNIFE infrastructure-related R&D activities
227 May 2011 EFRTC – General Meeting in Zürich
1. White Paper on Transport
2. Rail infrastructure investments in Central and Eastern Europe
3. UNIFE infrastructure-related R&D activities
327 May 2011 EFRTC – General Meeting in Zürich
White Paper on Transport
European Transport Policy
Framework for the next ten years
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White Paper on Transport
January to March 2009: Preparatory debate
Public consultation
23 July 2009: UNIFE publishes its first contribution to the debateentitled: "More Rail=Less CO2”
February 2010:EP Report
March 2011:White Paper
17 June 2009: Commissionpublishes its communication
INSTITUTIONS
UNIFE
December 2009:Presidency conclusions
30 April 2010:CER EIM UNIFE Position Paper
June 2010:EP TRAN Committee vote
July 2010:Plenary vote
25 June 2010: 1st UNIFE PB meeting with Kallas
14 September 2010: 2nd UNIFE PB meeting with Kallas
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UNIFE Lobbying Strategy
The White Paper has been a clear priority topic for UNIFE Public Affairs activities
Throughout this process, UNIFE provided input to decision-makers through: Dedicated position papers; Meetings with relevant stakeholders (Commission, MEPs...); Dedicated events
On 29 November 2010, UNIFE organised a roundtable at the Parliament: Involved high-level stakeholders from the Commission, Parliament, EEA…
Several meetings were organised with Transport Commissioner Siim Kallas With Presiding Board members or With partner associations (EIM, CER…)
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White Paper - Structure
Published on 28 March 2011 http://ec.europa.eu/transport/strategies/2011_white_paper_en.htm
Replaces the 2001 White Paper on Transport
Title: Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system
Original structure of the paper : 1st part: the Commission’s vision of the future of transport
1. Growing Transport and supporting mobility while reaching the 60% emission reduction target
2. An efficient core network for multimodal intercity travel and transport
3. A global level-playing field for long-distance travel and intercontinental freight
4. Clean urban transport and commuting 2nd part: 10 goals 3rd part: Strategy – more comprehensive view of the future measures to be taken
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White Paper objectives
To achieve this objective, the paper clearly states the need for a MODAL SHIFT towards rail freight and passenger transport
30% of road freight over 300km should be shifted to rail or inland waterways by
2030 and 50% by 2050
By 2050, a European high-speed rail network must be completed: the length of the
existing high-speed rail network x3 by 2030 + dense
railway network must be maintained in all MS
By 2050 the majority of medium-distance
passenger transport should go by rail
A greenhouse gas emissions reduction target for the transport sector of 60% until 2050 compared to their 1990 level
Specifically asked by UNIFE “from the beginning” Applies to all transport modes
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White paper – key rail-specific measures (1/2)
•The deployment of ERTMS is a priority
•For the first time, the Commission also stress the need to support ERTMS outside European borders
ERTMS
•Following the explicit demand of the rail sector, the paper mentions explicitly the objective of achieving a single vehicle type authorisation and a single railway undertaking safety certification by reinforcing the role of the European Railway Agency
Vehicle authorisation
•The liberalisation of domestic passenger services, including mandatory award of public service contracts under competitive tendering, shall be implemented
•A solid separation between infrastructure management and rail services is also advocated
Liberalisation
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White paper – key rail-specific measures (2/2)
•Taxes and charges should be higher for more polluting vehicles, according to the polluter pays principle, e.g. review of VAT exemptions for the aviation sector
•The European Commission considers proceeding to “full and mandatory internalisation of external costs.”
“Polluter-pays”
principle
•The paper states that innovation is essential to reach the objectives of the White Paper
•The calls the fragmentation of research and development efforts in Europe harmful
Innovation and R&D
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Next steps
The White paper is a long-term roadmap giving a clear orientation for the EU transport in the years to come
However, it does not include any legally-binding provision: it is now time for implementation
UNIFE will remain at the forefront to ensure that the Commission effectively implements the White Paper provisions
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1. White Paper on Transport
2. Rail infrastructure investments in Central and Eastern Europe
3. UNIFE infrastructure-related R&D activities
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Rail Investments in Central and Eastern Europe
Problem The European Union provides roughly EUR 16 billion for rail
infrastructure investments in Central and Eastern European Member States (CEECs)
The problem in many CEECs is twofold: Unwillingness to invest in railway infrastructure, rather want to shift funds from
rail to road (e.g. PL) Lack of administrative capacity/inability to absorb European funds
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Citizens and companies do not benefit from an improved railway network, our member companies take less orders
Rail Investments in Central and Eastern Europe
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•In PL, like in many CEECs, road projects are vote-winners and are therefore preferred by governments.
•In view of the coming election, PL wants to invest in road.
•Rather than investing in rail PL plans to shift EUR 1.2 billion from rail projects to road projects
•Such a re-allocation of European funds requires an authorisation from the European Commission however
State of play concerning shift
of funds
•UNIFE lobbied the European Commission strongly and on all levels NOT to authorise the shift of funds
•In our meetings with the European Commission, it stated that it would not authorise the shift of funds
•The final verdict however is still out because PL has not yet made an official request, but the European Commission is prepared
UNIFE activities and results
Rail Investments in Central and Eastern Europe
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•Some countries cannot absorb European funding for rail. (Worst case: Bulgaria: absorption rate of 1% (i.e. 99% of funds for 2007-20013 are not used!!!)
•States struggle to organise functioning projects that are eligible for funding
State of place concerning absorption
capacity
•UNIFE’s strategy is based on the provision of expertise, mainly in the form of best-practice exchange
•In several conferences UNIFE has brought together and continues to do so stakeholders and decision-makers from CEECs with those Member States that were successful in absorbing European funding for rail
•UNIFE was instrumental in designing the Polish master plan for rail development and helped the situation in Poland improve
UNIFE action
Rail Investments in Central and Eastern Europe
Current state of play Progress on such a dossier is slow. Encouraged by successes in Poland
UNIFE will continue its activities
The next step will be a conference held in Sofia which targets in particular the situation in Romania and Bulgaria (28/29 June 2011, with sponsorship contribution of EFRTC)
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1. White Paper on Transport
2. Rail infrastructure investments in Central and Eastern Europe
3. UNIFE infrastructure-related R&D activities
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1. Directives and TSI
Railway Directives
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2 directives regulate the railways system:
1. Interoperability Directive 2008/57/EC2. Safety Directive 2008/110/EC amending 2004/49/EC
The Safety Directive clarifies the roles and responsibilities of the actors ensuring the safety of the railway system
The Interoperability Directive specifies the conditions for authorization for placing vehicles into service
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Railway Directives
Interoperability directive
The Interoperability Directive (2008/57/EC ) establishes common rules (TSI completed by national rules for open points and national specific cases) for putting in service of sub-systems and vehicles, with a view of ensuring the interoperability of the European system and the opening of the procurement markets
The assessment of compliance with these rules results in the delivery by the NSA of an authorisation to put in service (PIS)
This authorisation for PIS is sought by an applicant (operator or infra manager or manufacturer or keeper) and the assessment of compliance is made by a third party: the Notified Body (NoBo)
Safety Directive
One of the main provisions of the safety directive (2008/110/EC) is that it allocates the responsibility of the safe operation of the railway system among the economic actors
Directives > TSI > Harmonised Standards
Interoperability
Directive
•Is developed by EC and Consil and is voted in the EP (polical consensus)
•Needs to be transposed into national law in all MSs•Lays down essential requirements•Calls for TSIs•Defines acceptance process of RST in MSs
TSIs
•Contain mandatory requirements to meet essential requirements from Directive
•Are law•Derogation only possible after agreement with EC•Are checked by Notified Bodies•EC declaration of verification is valid throughout EU•If EN is quoted, this EN also becomes laws
EN Standards
•Are in the voluntary domain except when quoted in TSI•May be developped on sector initiative or ERA’s request•Contain technical solutions•May be harmonised, which gives presumption of conformity to
Directive/TSI•Allowed to adopt alternative technical solution as long as not
quoted in TSI
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Legal pyramid related to autorisation requirements
Directive :
Political decision transposed in national law
TSIs:
Commission decision mandatory
Standardisation: voluntary
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TSIs
TSIs are the tool in order to harmonise the European market and for a real market opening and cost reductions of authorisation.
BUT: TSIs are currently mandatory only for the Trans European Network (TEN); Notified National Technical Rules still apply for the off-TEN.
Therefore TSIs are perceived as additional burden to get the authorisation instead of a tool to simplify it.
The new interoperability directive requests the extension of the geographical scope of the TSI.
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TSIs scope extension
ERA started the review of all existing TSIs
Extension of the geographical scope of the TSIs, as occasion for:
Merging HS and CR and close the open points
Eliminate all the unnecessary National Technical rules in order to restrict them to duly identified national specific cases
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Structural1. Rolling Stock2. Energy3. Infrastructure
Transversal:1. Person with
Reduced Mobility2. Noise3. Safety in Railway
Tunnels
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2. OTM case
Introduction
On Track Machines (OTMs) are considered as both: Railway Vehicles Track Maintenance Machines
OTMs have to comply with 2 sets of regulations: Railway Directives (Interoperability and Safety)
when used as Railway Vehicles Machinery Directive when working as a Machine
Therefore OTMs need, in order to get the authorisation, to comply with both: Interoperability Directive 2008/57 Machinery Directive
2 Status
2 Directives
2 Authorisation processes
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TSIs
TSIs applicable to OTMs:
CR Loc&Pas Noise (Working configuration out of scope)
No other TSI seems to be applicable to OTMs
OTMs don’t have to comply with all Loc&Pas TSI requirements
Annex C specifies requirements for OTMs both Self propelling and hauled vehicles
This until the next revision of the Loc&Pas TSI (expected end 2012)
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Interoperability Directive 2008/57 & TSIs
Therefore OTMs authorisation may be sought for according to 2 different processes:
“European authorisation” according to articles 22 or 23 of ID, in compliance with the CR Loc&Pas TSI
“National authorisation” according to articles 24 or 25 of ID, in compliance with National Technical Rules
European Authorisation
National Authorisations
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Machinery Directive
Machinery Directive 2006/42/EC Published on 9th June 2006, it came into force 20 days later on
29th June 2006 The Member States had until 29th June 2008 to adopt and publish
the national laws and regulations transposing the provisions of the new Directive into national law
The provisions of the new Directive became applicable on 29th December 2009
New approach directive (i.e. allowing the use of harmonised standards of voluntary application for the demonstration of conformity)
The conformity of machinery is certified by the manufacturer himself, involving a third party check (Notified Bodies)
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Safety – OTM considered as running vehicles
When running on the railways network, OTM operations are regulated by the Safety Directive
The actors in charge of the safety of the system are the Infrastructure managers (IM) and the Railway Undertaking (RU)
In order to run OTMs on the railway network, their operators (who ever they are) need a RU Safety Certificate delivered by the NSA
If the OTM owners wish to subcontract this running task to a RU, then additional contractual requirements may also be introduced by this RU (e.g sncf infra with locomotives for works locomotives?)
But any intervention of RU or IM in an autorisation for PIS (put in service) is illegal
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Safety - OTMs considered as Machines
BUT the entity responsible for the safety of the workers under civil laws on the construction / maintenance site (Infrastructure Managers or others) may contractually ask for additional conditions to maintenance companies to allow the use of OTMs
When operating as a maintenance machine, OTMs have to be certified under the machinery directive
But any intervention of RU or IM in the certification for placement on the market is illegal
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Conclusion
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• 1) Railway Directives• Interoperability Directive, NSA delivering autorisation based on:• Railway NoBo verification (European based on TSI)• DeBo verification (National Autorisation based on NNTRs)
• Safety Directive for the operation of OTM as raiwlay vehicle
• 2)Machinery Directive (NoBo verification)Legal Requirements
• 1) The entity responsible for the civil works may impose additional contractual requirements on safety for the construction/maintenance site
• 2) Railway Undertakings may impose their own contractual requirements when operating OTMs
Additional Contractual
Requirements
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Promote rail market growth for sustainable mobility.
Promote rail market growth for sustainable mobility.
www.unife.org