Directive 91/440/EEC

Directive 91/440/EEC
Title	Directive 91/440/EEC
Type	European Union directive
Adopted	29 July 1991
Official journal	Official Journal of the European Communities
Status	Amended

Directive 91/440/EEC was a foundational European Union law initiating separation between railway infrastructure management and transport operations across the European Community to promote market access and competition. It set out structural, accounting and access principles aimed at modernising national railways and integrating cross-border services among European Commission, Council of the European Union, and European Parliament policymaking. The measure influenced later railway liberalisation instruments and was implemented by member states such as Germany, France, United Kingdom, Italy, and Spain.

Background and Objectives

The directive emerged amid regulatory debates involving Delors Commission policies, Single European Act objectives, and pressures from stakeholders including International Union of Railways, Organisation for Economic Co-operation and Development, and national incumbents like SNCF, Deutsche Bahn, and Ferrovie dello Stato. It responded to comparative models from Japanese National Railways restructuring and to market access trends exemplified by the European Coal and Steel Community precedents, aiming to increase efficiency, encourage private operators such as Veolia, Keolis, and NSB, and to support transnational projects like the Channel Tunnel and the Trans-European Transport Network. Objectives included improving financial transparency, separating accounts, and granting non-discriminatory access to infrastructure for entities like DB Cargo, Eurostar, and incumbent passenger carriers.

Legal Framework and Scope

The directive created obligations anchored in the treaties governing the European Community and interacted with instruments including the Treaty of Maastricht and later amendments aligned with the Treaty of Amsterdam. It addressed legal entities from state-owned undertakings such as Réseau Ferré de France to private operators like Hutchison, covering domestic services, international freight such as flows linking Rotterdam, Antwerp, and Genoa, and cross-border passenger corridors including services across Benelux and Scandinavia. Exclusions and derogations referenced safety and public service contracts under regimes found in decisions involving European Court of Justice jurisprudence and rulings touching on monopolies such as those of British Rail prior to privatisation.

Key Provisions and Obligations

Core provisions required separation of accounts between infrastructure and operation units, establishment of independent infrastructure managers akin to later models in Network Rail, and transparent track access conditions used by operators including CFL and SBB. The directive mandated that infrastructure charges be non-discriminatory, that capacity allocation reflect procedures similar to those in International Union of Railways timetabling, and that public service obligations with compensation follow rules comparable to those in cases involving Régie Autonome des Transports Parisiens and Ferrovie dello Stato Italiane. It stipulated reporting requirements parallel to standards applied by Eurostat and called for coordination with border agencies in corridors connecting hubs like Hamburg Hauptbahnhof and Barcelona Sants.

Implementation and Member State Measures

Implementation varied: United Kingdom pursued structural separation leading to privatisation phases, Germany reorganised Deutsche Bundesbahn and Deutsche Reichsbahn into Deutsche Bahn with separate accounting, while France created entities resembling SNCF reforms and later Réseau Ferré de France. States introduced licensing, safety certification, and allocation offices similar to models in Austria and Sweden, and set track access charges informed by practices in Poland and Czech Republic. National measures intersected with procurement regimes used in contracts with operators like Arriva, and with funding instruments such as the European Investment Bank loans for modernisation of corridors including the Mediterranean Corridor.

Impact on European Rail Transport and Market Liberalisation

The directive catalysed market entry by operators such as DB Schenker, Cargolink, and RegioJet, influenced competition dynamics vis-à-vis legacy carriers like SNCB/NMBS, and facilitated growth in international services exemplified by Railteam cooperations and cross-border freight corridors used by Maersk logistics chains. It contributed to harmonisation that enabled projects like TEN-T corridors and interoperability initiatives akin to European Railway Agency technical specifications, while affecting fare structures, public service contracting seen in regions such as Catalonia and Bavaria, and infrastructure investment patterns in junctions like Gare du Nord and Milan Centrale.

Amendments, Related Directives and Case Law

Subsequent instruments amended and extended the original aims, including directives in the 2000s forming the so-called railway packages and measures concerning access to service markets echoed in later directives involving the European Railway Agency and regulatory bodies such as Rail Net Europe. Case law from the European Court of Justice clarified obligations on non-discrimination, state aid, and public service compensation in matters comparable to disputes involving Commission v. France and rulings affecting entities like British Railways Board predecessors. The legislative evolution involved interactions with the Fourth Railway Package, regulatory frameworks akin to those applied by Office of Rail and Road, and sector reforms influenced by international instruments including International Union of Railways standards.

Category:European Union directives