EFRTC General Meeting 27 May 2011, Zurich

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





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


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


http://ec.europa.eu/transport/strategies/2011_white_paper_en.htm

http://ec.europa.eu/transport/strategies/2011_white_paper_en.htm

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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






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


Citizens and companies do not benefit from an improved railway network, our member companies take less orders



•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



•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


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)






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


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


Legal pyramid related to autorisation requirements

Directive :

Political decision transposed in national law

TSIs:

Commission decision mandatory

Standardisation: voluntary


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.


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


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


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)


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


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)


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


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


Conclusion


• 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

EFRTC General Meeting 27 May 2011, Zurich

Documents

contractors white paper

stepsthe white paper

white paper provisions12

unife pb meeting

cer eim unife position

unife update

future of transport

eu transport