Competition Report 2006 - Deutsche Bahn AG

6
Keen competition and the trend towards internationalisation are defi ning features of the rail freight market.
In the transposition of the
EU Package divergent regulatory
practices are emerging in
the diff erent countries.
way Infrastructure Package. However, it is already apparent that the diff erent
transposition models in the individual countries will lead to divergent regulatory
practice. The German legislator transposed the European directives into national
law by amending the General Railway Act (AEG) and the Railway Infrastructure
Usage Regulations (EIBV). The new statutory regulations refer to non-discriminatory
access to rail infrastructure, which also includes stations and service facilities
such as stabling sidings, fuel stations and loading lanes.
Initial experience with European rail regulation
A central instrument used by the EU to enforce market opening is the compulsory
introduction of national regulatory authorities in the individual Member States.
Article 30 of Directive 2001/14/EC obliges all EU states to establish an independent
regulatory body which ensures non-discriminatory access to rail infrastructure
and resolves potential confl icts between railway undertakings and infrastructure
managers. In Germany, the Federal Network Agency took over this task from
the Federal Railway Offi ce at the start of 2006. Apart from rail, the Agency is also
responsible for regulation of the electricity and gas networks, and for the post and
telecommunications markets.
Regulation is necessary, especially as market opening progresses, because infrastructure
per se involves a natural monopoly. In the interests of entitled users, it
is on the one hand the duty of the regulatory body to provide the infrastructure
managers with incentives for ensuring non-discriminatory and cost-effi cient access
to its services. Vice versa, the regulator should also support the infrastructure
managers by ensuring that user fees remain stable and can be planned over the
long term, as the infrastructure managers are dependent on such income in view
of the long payback period and the high risk of achieving adequate capacity utilisation.
In addition to the Rail Liberalisation Index which has been prepared regularly
since 2002, IBM Business Consulting Services has now devoted a separate
study to rail regulation in Europe. Based on data captured from 60 regulatory
bodies, market players and other experts, it examined how the EU Member States,
Switzerland and Norway have transposed the requirements of Article 30. The
study investigated the institutional design of the regulatory bodies, but did not
judge the diff erent regulation methods.