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Rail Market

MOBILITY & TRANSPORT

The EU has been progressively opening national freight and passenger rail markets to cross-border competition to build an integrated European railway area. This supports goals in the 2011 Transport White Paper, especially reducing emissions and promoting modal shift from road to rail.

EU rail policy has aimed at making the rail industry more efficient and customer-oriented by:

  • Separating infrastructure management from rail operations, ensuring neutrality.
  • Preventing public subsidies for infrastructure or public service compensation from distorting competition.
  • Requiring national regulatory bodies to ensure fair treatment and handle disputes.

Key legislation:

  • Directive 2012/34/EU — Establishes a Single European Railway Area.

On 7 May 2025, the European Commission has issued Interpretative Guidelines on how EU countries and rail infrastructure managers should set railway infrastructure fees, known as track access charges. The document explains the Commission’s reading of key parts of Directive 2012/34/EU so that the rules are applied uniformly across the EU.

Key points
  • Clarifies grey areas – The guidance tackles issues that have led to inconsistent national practices, especially how to calculate optional surcharges (mark-ups) and decide which market segments they apply to.
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  • Competition safeguard – Mark-ups must not block new entrants and must still serve the directive’s core goals: making best use of the network and keeping rail competitive.
  • Timely for a liberalised market – With domestic rail markets now open under the 4th Railway Package, charging levels directly influence the profitability of new passenger and freight services.
  • Economic stakes – Track access fees are a major revenue source for infrastructure managers and a large share of operators’ costs; their design can therefore shape ticket prices, service supply and rail’s ability to compete with road or air.
  • Rule of thumb – Directive 2012/34/EU requires that all operators pay at least the direct costs they impose on the infrastructure; mark-ups are optional, capped and must follow the newly clarified principles.
A well-designed charging scheme, the Commission stresses, should both fund the network and attract more trains onto it.
Further policy development:

  • 4th Railway Package — Proposes further liberalisation, including opening domestic passenger services to competition.

Cross-border Liberalisation and Impacts

  • Freight transport has been fully liberalised since 2007, allowing any certified EU railway company to offer services across Member States.
  • International passenger services have been open since 2010, allowing licensed operators to run routes across borders and pick up/set down passengers along the way.
  • Domestic passenger services remain nationally controlled, but the 4th Railway Package proposes opening them.

2013 Report on Opening of International Passenger Markets

Key Documents and Resources

  • Directive 2012/34/EU (Recast)
  • Commission Communication on Single European Railway Area
  • Study on Regulatory Options
  • Impact Assessment
  • PRIME – Infrastructure Managers
  • Rail Market Monitoring (RMMS)
  • European Network of Rail Regulatory Bodies (ENRRB)
Sources: European Union, http://www.europa.eu/, 1995-2025, 

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