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ACM consults ‘International passenger-transport services’ policy rule

03-12-2015

Are you a market participant in the market for international rail passenger transport (meaning a contracting authority, concession holder, passenger rail undertaking, or infrastructure manger)? If so, the revision of the ’Policy rule on International Passenger Rail Transport’ may affect you. The Netherlands Authority for Consumers and Markets (ACM) is planning to replace this policy rule with a new one: the policy rule on ‘International passenger-transport services’ (in Dutch: ‘Beleidsregel Internationale passagiersvervoerdienst’). As the rail regulator in the Netherlands, ACM would like to hear your reaction to the planned revision. When fleshing out the revised policy rule, ACM will be able to take into account your reaction. Please submit your reaction to ACM no later than Tuesday, January 5, 2016.

What is the policy rule’s objective?

The policy rule’s objective is to offer clarity to any railway undertaking that wishes to set up a new international passenger-transport service. ACM must make clear how it will assess such new initiatives. In practice, the following two scenarios are concerned:

  • A railway undertaking wishes to launch a new international passenger-transport service. How can the new provider notify ACM of the new cross-border passenger-transport service?
  • A contracting authority, concession holder or the infrastructure manager has its doubts about the international dimension of a new international passenger-transport service or about the effects thereof on existing railway concessions. How can they request ACM to launch an investigation into the nature of said service and the effects thereof on the economic equilibrium of current railway concessions? What method and criteria does ACM use in its investigations?

What was the reason behind the revision of the policy rule?

The revision of the policy rule has been the result of several, recent developments:

  • The original policy rule on international rail passenger transport is from 2012. At the time, the reason to draw up that policy rule was Directive 2007/58/EC, also called the Liberalisation Directive.
  • This directive was replaced by Directive 2012/34/EU.
  • It is necessary to revise the policy rule soon, now that this European directive is transposed into national legislation.
  • After all, the transposition will lead to a revision of Sections 19 and 19a of the Dutch Passenger Transport Act 2000 (WP2000).
  • In addition, the Decision concerning the Liberalisation Directive, which was the basis for the policy rule, will be repealed.
  • In its stead, Implementing Regulation 869/2014 came into force on June 16, 2015.

What will change?

As a result of the amendments to the WP2000, the Minister of Infrastructure and the Environment no longer has the power to determine assessment criteria, or to regulate access of the new transport service. Instead, ACM has these powers now. 

In addition, many aspects that used to be regulated by the previous Policy rule are now regulated by the Implementing Regulation.

How can you submit your reaction to the draft policy rule?

Please note that the new policy rule and annexes are not available in English. However, you are welcome to submit your comments in English if preferred.

Please submit your reaction to ACM no later than Tuesday, January 5, 2016:

By regular mail

Please send your reaction to:

The Netherlands Authority for Consumers and Markets (ACM)
Reference: policy rule, case number 15.0556.52
P.O. Box 16326
2500 BH The Hague
The Netherlands

By email

Please send your reaction to: secretariaat.tvp@acm.nl. Please include as a reference: case number 15.0556.52.

Does your reaction contain any confidential information (including confidential business information)? You may indicate which parts of your reaction contain any such information. If you do not indicate which parts of your reaction contain any confidential information, ACM will assume that your reaction can be made available to third parties. ACM may come to a different conclusion regarding the confidential nature of the information provided. In that case, we will contact you before your information will be made available to third parties.

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