Transport Area of Florence School of Regulation (FSR) 23 May 2011

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Transport Area of Florence School of Regulation (FSR) 23 May 2011 2nd European Rail Transport Regulation Forum Performance and Governance in Railway Markets Jan Möllmann, Secretary General

1. PROFILE Objectives Development of a competitive market structure for the supply of public transport services Founded in 2006 9 largest private public transport companies in Europe Min. 80% of business won in competition qualify for membership 75 000 vehicles operated 255 000 employees 12 bn passengers/year Services in 22 EU countries Network with all other private sector associations Support the opening of the passenger transport market for competition Watch, monitor and push for fair market development

2. PERFORMANCE IN RAILWAYS DISCUSSION AT EU LEVEL performance in Performance references in White Paper on Future of Transport A higher share of travel by collective transport, combined with minimum service obligations more competitive and sustainable transport system Quality, Accessibility and Reliability of transport services Comprehensive set of passengers rights uniform interpretation of EU Law on passenger rights and a harmonised and effective enforcement Appropriate European approach to land transport security The area where bottlenecks are still most evident is the internal market for rail services a true internal market for rail services Other performance references Performance in First Railway Package and Recast Performance in PSR 1370/2007

2. PERFORMANCE IN RAILWAYS performance in Performance stakeholder relations The railway mode in comparison to other modes The railway operator towards the Passenger The infrastructure provider towards the Operators The regulator between IM and RU.. Performance Measures for the passenger transport operator Passenger satisfaction Patronage Cost structures Production criteria (reliability, punctuality, safety, security) Objectives of Performance Increase rail market share through customer orientation Controlled costs through increased efficiency and reactivity

3. MARKET ORGANISATION (1) organisation Performance is influenced by Market Organisation Market shape, e.g. Organisational responsibility of public transport Central / regional Regulatory approaches to business fields Local and regional - subsidised Interregional and national - commercial Contracting Regimes Quality standard setting and controlling Risk allocation Market structure Dominance and influence of incumbents Existing Competitors

3. MARKET ORGANISATION (2) organisation Performance is influenced by Market Organisation Infrastructures and essential facilities Access conditions Regulation of access Regulator Independence Resourcing and Know how Competences Timing of processes Cooperation of Regulators

3. MARKET ORGANISATION (3) First railway package and regulatory authorities Delays in the implementation: - Independence of infrastructure managers - Setting up of regulatory authorities - Access to rail related services Third railway package and international market Various obstacles : - Multiplication of PSO contracts - Definition of cabotage Potential customers captured by incumbent operators alliances Small number of international services in open access Public service regulation 1370/2007 Clear (-er) contract structure rules and procedures No obligation to tender

4. POSITIVE PERFORMANCE AFTER COMPETITION (1) Germany, development in regional rail in 10 years Tendering, performance contracting and regionalisation lead to: + 28% train-km - 26% in compensations + 43% passengers + 500 km lines/+ 300 new stations Ridership increase on the agenda BOB / Bavaria : + 233% (1997-2007) Veolia Transport Prignitzer Eisenbahn : + 140% (2001-2008) ARRIVA D RBE/NRW : + 3790% (1998-2008) Veolia Transport Usedomer Bäderbahn : + 1086% (1992-2008)- Deutsche Bahn

4. POSITIVE PERFORMANCE AFTER COMPETITION (2) Great Britain UK rail 1995-2008: 800 mio 1,232 bn passengers/year 1995-2006: 200 mio 1bn /year invested South West Trains / Stagecoach - Passenger increase 1997-2009 : + 45% - Performance (reliability + punctuality) : 2005 76% 89% 2009 96% The Netherlands Limburg regional rail 2007-2008 : - +43% passengers - competitive tendering has led to an efficiency gain of 20 50% - directly awarded contracts improved efficiency by 0 10%;

4. POSITIVE PERFORMANCE AFTER COMPETITION (3) Sweden Tendering and regionalisation led to subsidy reductions of 20 30% and much higher customer satisfaction Portugal (Fertagus ( Fertagus/Lisbon) 1999-2009 : 3,5 Mio 22,5 mio passengers/year 98% trains on time Customer satisfaction rated 4,3/5

5. OUTLOOK AND EXPECTATIONS (1) Recast of First Railway Package -Fair, transparent, non-discriminatory market organisation models - Precisely defined outcomes - Outcomes applicable as soon as possible -Strong national regulatory authorities - Resourcing - Competences (ex ante, ex post, ex officio) - Short-term Intervention and remedy rights - Final intervention right for EU institutions in case of failure -Improved access to use of rail related services

5. OUTLOOK AND EXPECTATIONS (2) Domestic Passenger Railway Market Opening Further liberalisation will be pushed by the EC, but how: - Regulated competition for the market? - Full opening of all market segments? - Tender or other award regimes? Application of rules set by Public Service Regulation 1370/2007 Direct awarding of contracts will slowly fade out Direct awards to be challenged by competitors in the future Possible development and issuing of guidance on 1370/2007 by EC in the next years?

THANK YOU FOR YOUR ATTENTION! www.epto.net jan.moellmann@epto.net