Select Committee on European Communities Seventh Report



PART 2 (continued)  VIEWS OF WITNESSES

Rail freight freeways

  50.    Mr Hodgson of Directorate-General VII said the Commission had been encouraged by early responses to the freeways proposal. While the Commission had made some general suggestions of likely routes for freeways, it did not feel it had the competence to identify specific routes; that would be for infrastructure managers to decide, based on their knowledge of the market. (QQ 335, 341-46).

  51.    There was considerable support for the freeways proposal from witnesses. It was "a practical realisation of the scale of changes involved in rejuvenating rail freight in Europe", according to the Freight Transport Association (FTA) (p 106). EWS described the proposal as "a more focused attempt to allow [Directive] 91/440 to be implemented" but questioned whether the various national authorities had sufficient common vision and common purpose to make it work (Q 44). The TSSA supported the idea in principle, while the RMT described it as "far more sensible than the fantasy of open access" (p 61). Mr Knapp said that the International Transport Workers' Federation (ITF) had no objection to cross-border train crews and had established a committee to discuss the practical issues involved (QQ 238-39).

  52.    In his Explanatory Memorandum, the Minister had expressed doubts about whether freeways would bring the benefits expected and questioned the possible costs; but in oral evidence he was more enthusiastic, saying the Government were "very much in favour of the concept". Rail freight was more likely to be a viable alternative to road over longer distances, but only if steps were taken to "get rid of the unnecessary clutter". To this end, the Commission had set up an expert group to address such practical obstacles as differences in charging regimes and existing requirements to change train crews or locomotives at frontiers (Q 280). The CER also thought the freeways concept was positive and deserved support, although it was not, perhaps, properly thought out and there were practical issues to be addressed before the concept could become a reality (QQ 175, 191).

  53.    Mr Hodgson emphasised that freeways were intended to be voluntary agreements between infrastructure managers. The Minister believed that their voluntary status meant they were likely to be achieved more quickly than if they had been contained in legislation. The mutual advantage they offered to participating railways should provide sufficient incentive (Q 280). National railways were certainly more likely to accept a voluntary agreement on specific routes than a general legislative proposal, according to the Rail Freight Group (QQ 2, 15).

  54.    SNCF, however, warned that freeways would open markets to new entrants "who would naturally cream off the most profitable services"; this, or indeed any amendment to the 1991 Directive "would represent a serious threat to the recovery of railway companies". While SNCF recognised that a system which gave each country exclusive responsibility for every train on its railway network was no longer appropriate, it preferred to develop cross-border passenger and freight services on a co-operative basis, negotiating specific contracts for each one (p 52; QQ 203-4).

Exclusive concessions for passenger services

  55.    The CER welcomed "the Commission's recognition of a need to maintain network benefits for passengers, particularly in the field of urban and regional services" where exclusive concessions were "the only way to operate efficiently and profitably" (p 40). The Rail Regulator agreed that network benefits needed to be protected from the effects of unrestrained competition. There was "a considerable danger that if one rushes ahead with ill-thought-out regulations, they might be superimposed upon a system that is not robust enough to withstand that degree of revolutionary change" (Q 257). Angel Train Contracts believed that exclusive concessions were "a viable way of introducing market forces into passenger rail" (p 96), but SNCF opposed the idea (Q 199).

Separation of infrastructure and operations

  56.    The Commission's principal reason for advocating a separation of infrastructure and operations was to give "a fair opportunity" to new entrants to the market, allowing them to bring new skills and new capital. This would be "a great deal more difficult" in a vertically-integrated system. In addition, Mr Kinnock claimed, it was vital to establish a competitive commercial relationship between the suppliers and users of the rail infrastructure. Without the management of the two parts of the system being separated into "distinct business units", it would be natural for those involved to minimise change and "to continue in much the same way as before" (QQ 305-6).

  57.    The CER accepted the case for separate accounts for operations and infrastructure, as required by Directive 91/440/EEC, but was "not persuaded" that this should be extended to separate business units. This was "something which a business like the railway should be best able to judge". Although the Commission's aim had been to prevent discrimination, this could be achieved "without obliging a major restructuring of an industry". Separate infrastructure companies were not necessarily more successful in securing new investment (p 40, QQ 186-89).

  58.    Mr Watts regarded separation of infrastructure from operations as the key point in the Commission's policy which promised to "make the railway infrastructure rather more like the road network, open to everyone who has a viable service to run over it" (Q 285). The Rail Regulator agreed that the Commission "should be pressing ahead with the concept of vertical de-integration" as, without that restructuring, there would be "a permanent problem with discrimination in favour of the vertically-integrated concern as against the interests of those who seek open access". But he warned that if the Community were "to move in that direction very quickly it might cause even more pain in certain Member States than it has in Great Britain". Any attempt by the Commission to impose such a solution was likely to be rejected, and the opportunity to move ahead "on an evolutionary basis", taking account of circumstances in different Member States, could be lost (QQ 260-61).

  59.    Banverket advocated "a total separation between operations and infrastructure [as] the only model that gives operators the freedom to develop rail traffic on the same conditions as operators in competing transport sectors" (p 98). But the RMT, which described the separation that had been effected in Sweden as "a failure", said that Banverket's view was not shared by the Swedish rail operator, SJ (p 60; QQ 229-30).

  60.    The RMT had "no problem with accountancy separation", but Mr Knapp said there was "a strong body of management opinion around the world" that would oppose physical separation for "very good practical reasons". One such reason was the need to co-ordinate the modernisation of track, signalling and rolling stock; another was the need to ensure that engineering work was carried out safely (Q 231). Investment was "the key factor" in revitalising the railways and "this fragmentation would not produce the levels of capital investment that we need"; indeed, the cost of infrastructure development was much greater under the new framework (QQ 254-55).

  61.    In France, according to SNCF, there was majority support for "the principle of unity": maintaining within a single company responsibility for service provision and infrastructure (although regional councils would be able to specify to some extent the services they wanted SNCF to provide). Most other countries, including the USA and Japan, also accepted this principle for economic and political reasons. Although SNCF recognised that the changes made in Great Britain and Sweden could yield benefits, the strength of the French transport unions, demonstrated in recent strikes, made it difficult for the French government to change its policy (QQ 207, 214).

  62.    EWS were in "absolutely no doubt" that the separation of infrastructure and operations was, "from a railway perspective, an artificial distinction" which made the planning of infrastructure investment more complicated, for example. Like the Rail Freight Group, however, EWS saw great advantages for freight operators in dealing with only one national authority that did not automatically give preference to passenger services (QQ 9, 67).

Regulation and the case for a European Railway Agency

  63.    There was no reference to regulators in the White Paper, but the Rail Regulator believed that the separation of infrastructure and operations required someone "in the middle" making sure the two sides dealt fairly with each other. He also aimed to enable operators to plan for the future, and to "impose only the minimum of restrictions that are necessary to achieve statutory objectives" (Q 265).

  64.    The Commission saw its role as being to propose a framework and then, if it became Community law, to ensure that it was applied in the Member States. The Commission also had a particular role in ensuring that state aid rules were respected. Although not yet convinced that a regulator with ongoing responsibility for such issues as competition and safety would be required, the Commission had "floated the idea of a European Railway Agency" which might be able to fill that role. Such an agency might also promote interoperability (QQ 316-19).

  65.    The Freight Transport Association thought the idea of an agency had "some merit" (p 106). Other witnesses were doubtful, however. The Government, in their Explanatory Memorandum, believed it raised problems of subsidiarity and risked duplicating work already being undertaken in other fora (paragraph 10). The CER, the Rail Freight Group and Railtrack were also unenthusiastic, the latter warning of "the dangers of creeping bureaucracy" (pp 29, 41, Q 2). GNER said it "would completely oppose" such an Agency which "would be a nightmare to all domestic operators" (pp 18, 19).

RAIL AS A PUBLIC SERVICE

  66.    It was for Member States and not the Commission, in the latter's view, to decide on the extent to which a rail network should provide a public service even when it was uneconomic to do so. The Commission did, however, insist on transparency so that railway companies could be correctly compensated for providing loss-making services. At present, in many countries, there was "a huge network of services that carry little traffic, whose costs are disguised in some general bill that the railway company presents to the State at the end of the year".

  67.    To address this problem, the Commission advocated the establishment of public service contracts between States and national railways. These would be "forms of state payment which are totally legitimate and completely in line with market requirements and the obligations of the Treaty". In due course, such contracts might be replaced by a system of competitive tendering. As well as increasing transparency, these changes should lead to increased efficiency and lower costs (QQ 325-29). The CER supported "the development of contract based payment in the area of public services and the right to reflect business margins in the charge" (p 39).

  68.    Every country in Europe, according to SNCF, had for historic reasons a rail infrastructure more extensive than could be operated profitably. This needed to be addressed by a clear separation of accounts; in France a separate public body would be established to manage the debts of SNCF and the financial problems of the infrastructure (Q 202).

Financing of infrastructure

  69.    Both Banverket and the CER welcomed what they described as the Commission's recognition of the "legitimate role of [Member] States to develop and finance railway infrastructure" (pp 39, 98).

  70.    The Minister explained that in Great Britain most subsidy was provided to passenger train operators who then reimbursed Railtrack for the cost of providing the infrastructure. The Government could also make capital grants towards improvements to the infrastructure. Railtrack described this approach as the "logical as well as the commercially effective way" for commercial pressure to be applied to the company (Q 154). The Rail Regulator also preferred it, on the grounds that enforceable contracts were more reliable than public spending promises made by the State (Q 261).

INTEGRATION AND INTEROPERABILITY

  71.    Greater integration of Europe's rail network to allow easier cross-frontier movement of goods and people was a key element in the development of the Single Market, according to the CER. In order to exploit the growing international rail market, the railways needed to overcome the "frontier factors" which reduced demand for cross-frontier journeys to around a fifth of that for equivalent journeys within a Member State (Q 184). The FTA believed that closer integration of national systems was "essential" if rail transport was to survive and grow in the next century (p 106).

  72.    The principal problem confronting the members of the Rail Freight Group was not a lack of integration between European rail networks, however, but a lack of co-operation and the lack of a common approach. Traffic through the Channel Tunnel was hampered by the failure of Eurotunnel and the railway authorities to agree a suitable commercial package flexible enough to accommodate, for example, regular shuttle services the charges for which did not depend on the goods conveyed (QQ 22-4). EWS believed that the railways of Europe were "going to have to change the way they operate both in a commercial and a technical operational manner" from the way things were at present, which was "singularly unsuccessful" (Q 90).

  73.    The FTA wanted the interoperability Directive for high speed trains adopted in 1996 to be treated as "a model for the development of future standards for freight services", but the CER warned that doing so would "often be inappropriate for existing conventional railways including freight" (pp 41, 106)[9].

  74.    The Commission believed it had a role in promoting interoperability and proposing legislation where it offered real benefits in making rail more competitive, but a selective approach was necessary if the benefits of interoperability were to be achieved without excessive cost. This was likely to concentrate on routes carrying large volumes of international freight, whereas changes to domestic loading gauges were less likely to be viable (Q 319).

  75.    For EWS, however, the restricted loading gauge in the United Kingdom was a real disadvantage. Special rolling stock was needed for cross-Channel services, which was more expensive and less able to accommodate a range of loads. Such difficulties put rail at a commercial disadvantage and the company believed that selective alteration to bridges, although very expensive, could be justified in some cases (QQ 82-9).

  76.    Many witnesses expressed concerns about the potential costs of interoperability. EWS, for example, was keen to avoid expensive changes to equipment that was only used within the United Kingdom (Q 91). Most agreed with the CER that technical harmonisation should remain "firmly anchored to cost benefit principles", and Railtrack cautioned against "allowing engineering dreams to run to a level where standards are set which nobody can ever afford to implement" (QQ 148, 152).

  77.    Train operating companies agreed that the main benefit of greater harmonisation would be in rolling stock procurement. Instead of each national railway designing and building its own stock, there would be more of a single market that would lead to lower costs and better reliability (Q 138). According to Railtrack, a Continent-wide industry would be "much stronger than ... separate industries in each Member State with a small market to look to and a more limited prospect for selling its products" (Q 152).

SOCIAL ASPECTS

  78.    In Mr Knapp's view, the Commission's proposals presented a threat to British jobs, despite the fact that in the United Kingdom the re-organisation of the industry had already taken place. The Commission wanted to see a reduction of state aid to the railways, and this "must mean that jobs will go". There was also a danger that railway workers would be expected to work longer hours (Q 247). GNER certainly expected greater flexibility from its workforce, saying that "the disciplines and freedoms of the private sector" created "a much more alert and focused workforce" and made it "much easier to change manning levels and working practices" (p 19).

  79.    Mr Kinnock accepted that the unions were "bruised and in substantial parts very resistant to change", having lost around half a million jobs in the past 15 years, but they faced a harsh choice "between losing virtually all the jobs in rail because change has not taken place or making changes which probably will bring about workforce reduction, but in a controlled and controllable way". The Commission knew it had to consult and gain the support of the unions, as forcing change on a suspicious and demotivated workforce would make it impossible to achieve the early improvements it felt necessary (Q 299).

  80.    The CER said that its member railways accepted the need for restructuring and the inevitable reduction in jobs this would entail, but was concerned that this should be achieved by "natural wastage" rather than redundancy wherever possible. Rail was becoming a customer-oriented service industry whose commercial attractiveness would depend on the quality of its staff (Q 181). The social dimension was "crucial in the delivery of the restructuring envisaged by the White Paper" (p 42).

  81.    Much of the opposition to the White Paper in France was based on fears of job losses. Since 1945, the number of railway workers had fallen by more than half and was continuing to decline. But for SNCF, the level of opposition in France to changes in the organisation of the railway could not be explained simply in economic or political terms. There was also a distinct cultural element exemplified by the distinctive place it and other major public bodies occupied in public loyalties (Q 211).

  82.    The Minister said that the United Kingdom's privatisation legislation included measures to ensure that the interests of the workforce were "properly protected in matters such as pensions and conditions of employment". The Community's Social Fund should not be used "to bail out financially poorly performing Continental railways". The Rail Regulator believed he could best protect the interests of railway workers by promoting a more efficient railway, and would not welcome being "required by Parliament, or the European Commission, to intervene in aspects of social policy and industrial relations" (Q 269).


9   Council Directive 96/48/EC on the interoperability of the European high speed train network, OJ L 235, 17.9.96. Back


 


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Prepared 26 February 1997