Regulation 2020/1429 - Measures for a sustainable rail market in view of the COVID-19 outbreak - Main contents
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official title
Regulation (EU) 2020/1429 of the European Parliament and of the Council of 7 October 2020 establishing measures for a sustainable rail market in view of the COVID-19 outbreak| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2020/1429 |
| Original proposal | COM(2020)260  |
| CELEX number i | 32020R1429 |
| Document | 07-10-2020; Date of signature |
|---|---|
| Publication in Official Journal | 12-10-2020; OJ L 333 p. 1-5 |
| Signature | 07-10-2020 |
| Effect | 13-10-2020; Entry into force Date pub. +1 See Art 8 |
| Deadline | 01-03-2020; See Art 1 01-11-2020; See Art 5.1 31-12-2022; See Art 1 And 32022R1036 31-12-2023; See Art 5.2 And 32022R0312 31-12-2023; See Art 6.2 And 32022R0312 |
| End of validity | 31-12-9999 |
12.10.2020 |
EN |
Official Journal of the European Union |
L 333/1 |
REGULATION (EU) 2020/1429 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 7 October 2020
establishing measures for a sustainable rail market in view of the COVID-19 outbreak
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
The COVID-19 outbreak has brought about a sharp drop in demand for rail transport services. This has had a serious impact on railway undertakings. The impact started to manifest itself as early as 1 March 2020 and is likely to last until at least 31 December 2020. The circumstances linked to the COVID-19 outbreak are beyond the control of railway undertakings which are facing considerable liquidity problems and major losses, and in some cases the risk of insolvency. |
(2) |
In order to counteract the negative economic effects of the COVID-19 outbreak, railway undertakings might need financial support. It might not be possible for railway undertakings to pay charges for accessing rail infrastructure due to the COVID-19 outbreak, and, for that reason, infrastructure managers should be authorised to reduce, waive or defer such charges. This possibility should be granted for a period during which the effects of the COVID-19 outbreak on the rail market have already manifested itself and are expected to do so, i.e. from 1 March 2020 until 31 December 2020 (the ‘reference period’). |
(3) |
Under Article 31(3) of Directive 2012/34/EU of the European Parliament and of the Council (3), track access charges to be paid to the infrastructure manager are not to fall below the cost directly incurred as a result of operating the train service. A partial or full waiver of charges or a deferral thereof, applied in a transparent, objective and non-discriminatory way to all railway undertakings, active in the freight and/or passenger rail sectors, would alleviate the impact of the COVID-19 outbreak during the reference period. Member States should therefore have the possibility to authorise infrastructure managers to take measures to that effect. |
(4) |
Article 32(1) of Directive 2012/34/EU allows Member States to levy mark-ups, if the market can bear them. Due to the impact of the COVID-19 outbreak, the ability of the market segments to bear mark-ups might have decreased. Member States should therefore have the possibility to authorise infrastructure managers to reassess the ability to bear mark-ups of the market segments, for the purpose of a possible reduction of the amounts due in respect of the reference period. |
(5) |
Article 36 of Directive 2012/34/EU provides for a regime of reservation charges, intended to incentivise the efficient use of capacity. According to that Article, the levying of those charges is mandatory in case of regular failure by an applicant, including railway undertakings, to use allocated paths or part of them. Infrastructure managers are to publish in their network statements the criteria to determine such failure to use. The COVID-19 outbreak has caused severe disruptions to rail traffic that have led to widespread train path cancellations. The underlying events were and are beyond the control of railway undertakings. Moreover, they resulted in temporary lower use of capacity. It can therefore be assumed that the incentive effect that reservation charges under Article 36 of Directive 2012/34/EU are... |
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