NMa investigations reveals: OCCR collaborations do not violate Dutch Railway Act

The Netherlands Competition Authority (NMa) has found no violation of the Dutch Railway Act by network infrastructure manager ProRail in connection with the Operational Control Centre Railway (OCCR). The NMa will therefore be closing its investigation. Member of the Board of the NMa Jaap de Keijzer welcomes the cooperation between ProRail and railway undertakings in the OCCR aimed at dealing with disruptions and emergency situations on the rail network swiftly and efficiently, which benefits riders and shippers. ‘At the same time, all railway undertakings must be treated equally. The investigation needed to give us a clearer picture of that situation. The NMa has found no indications of any ‘discriminatory actions’ taking place within the OCCR, though the NMa will continue to closely monitor the OCCR’s development,’ Mr. De Keijzer stresses.

The NMa investigation addressed the question of to what extent the current set-up and organization of the OCCR jeopardizes the separation of infrastructure management and traffic operations, and, consequently, the equal treatment of railway undertakings. After all, the separation of infrastructure management and traffic operations is one of the most important cornerstones of the organizational model that was adopted in the Netherlands as a result of the Dutch Railway Act. Said separation is vital to the functioning of the railway market.

ProRail and railway undertakings join forces in the OCCR in cases of rail disruptions and calamities. The creation of the OCCR was prompted by a major computer failure in April 2005 at a traffic control post in the city of Utrecht, a key rail hub, bringing rail traffic in the Netherlands to a complete standstill for an entire day. However, the collaboration in the OCCR might give the impression that the introduced separation of management and operations would be reversed.

In June 2010, the NMa announced it did not have any objections against the OCCR, but it did set four conditions to OCCR collaborations in order to prevent the level playing field for railway undertakings from being distorted. These conditions were central in the investigation into the OCCR. The investigation has revealed that ProRail currently meets the conditions the NMa had set.