Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure requires Regulatory Bodies to ensure nondiscrimination on the railway market and in particular check whether charging principles are properly applied and whether separation of accounts is fully respected. The First Package Recast extends the competencies and functions of Regulatory Bodies to ensure proper oversight of charging.
Cooperation of Regulatory Bodies on charging issues is aimed at facilitating the development of common principles and practices for making decisions, as foreseen by the Recast.
The IRG-Rail will seek to develop a common understanding of charging principles across the European rail sector and will look into recommendations based on European legislation and taking into account national practices.
The IRG-Rail will:
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Explore and exchange information on general charging issues, e.g. charging principles for the use of infrastructure, incentive regulation;
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Seek to develop a common understanding of a regulatory approach to examine cost components and composition of infrastructure charges;
- Seek to develop common understanding of a regulatory approach to assess current incremental or marginal costs;
- Seek to develop criteria to assess current mark-ups and the capability of the market to bear them as provided under article 8.1 of Directive 2001/14/EC;
- Seek to develop a common understanding of the handling of scarcity and congestion charges under article 7.4 of Directive 2001/14/EC.
The deliverables are:
- Updated version of the 2012 review of current charging applications for the use of infrastructure (including description of present charging regimes, costs recovery principles, mark-ups, computation of incremental or marginal costs, etc.);
- Guidance on a charging regime, definition of good practices (“cost that is directly incurred”, direct costs, mark-ups, etc.);
- Position paper on Commission’s proposal for secondary legislation (e.g. modality on calculation of direct costs).