The Department for Transport (DfT) carried out a public consultation on updating rail markets regulations, between 24th April 2018 and 8th June 2018. The consultation covered the implementation of Directive 2370/2016 (the Directive), part of the Market Pillar of the Fourth Rail Package and asked stakeholders to provide views on how the Directive should be implemented and what, if any, the impacts of implementing the Directive might be.
The introduction of a single European railway area brought in common rules on the governance of railway undertakings and infrastructure managers, on infrastructure financing and charging, on conditions of access to railway infrastructure and services and on regulatory oversight of the rail market.
The guiding principle behind the single European railway area is the extension of competition to domestic rail markets and reforming the governance of infrastructure managers with the objective of ensuring equal access to the railway infrastructure.
The Market Pillar builds on this guiding principle as its main objective is to improve competition within the EU single market by extending access rights into domestic passenger services and to further protect the independence and impartiality of infrastructure managers while still allowing for alliancing and joint working between the infrastructure managers and train companies.
Subject to important safeguards to avoid compromising the viability of a franchised (public service contract) route, open access to passenger services enables new rail operators to bid for access to routes which have an existing franchise operator. The Directive also contains clarification and transparency requirements in relation to "vertically integrated structures", those structures where the rail infrastructure and rail passenger services are operated and owned by a single body.
After consulting with stakeholders both through the formal consultation process and during informal discussions, the Government is satisfied that the approach outlined during the consultation is the appropriate way to implement the Directive.
Most stakeholders supported our plans for implementation and there was a general consensus that the impact of the Directive would be minimal in GB due to much of the requirements already being standard practice within our rail industry.
More generally, the Government has been considering the implications of the current EU Exit context and the Government's objectives for EU Exit. After very careful consideration, it believes that it is appropriate to sunset the legislation to provide opportunities to shape domestic rail legislation and allow flexibility to respond to the outcomes of the Rail Review.
The DfT received a total of nine written responses to the consultation.
For further information, click here to read the full summary of responses to the consultation.