Directive 2001/14/EC

This Directive replaces Directive 95/19/EC and covers infrastructure capacity allocation and charging. Its main features are as follows:

• it mandates each Member State to establish a regulatory body (which must be independent of infrastructure managers, allocation or charging body or applicant) with powers to approve access charges and rule on appeals concerning matters within the scope of the Directive;
• it requires regulatory bodies to co-operate with each other, exchange views and experience;
• it applies to the main domestic networks (and includes the Channel Tunnel Rail Link);
• it sets out key principles for, and requires transparency in, allocating infrastructure capacity and charging for track access;
• it includes the principle of setting charges at the cost directly incurred as a result of operating the train service, but with the ability to add mark-ups and a rate of return;
• it requires the infrastructure manager to develop and publish a network statement covering the nature of the infrastructure, the charging principles, the capacity allocation and timetabling process, procedures and criteria for dealing with congested infrastructure and restrictions on the use of infrastructure;
• it requires the infrastructure manager to carry out a “capacity analysis” and produce a “capacity enhancement plan” – essentially a cost/benefit analysis where it cannot accommodate current or forecast bids for capacity; and
• it provides that access agreements may only be longer than ten years where they are linked to the delivery of long-term investment.