Access to international passenger service

Last updated 31/10/2019
In accordance with Article 10 of Directive 2012/34/EU, Member States have opened their market for international rail passenger transport services provided by any railway undertaking licensed under the same directive.

About international passenger service

Last updated 23/10/2019
In accordance with Article 10 of Directive 2012/34/EU, Member States have opened their market for international rail passenger transport services provided by any railway undertaking licensed under the same directive.

The applicant shall notify the regulatory bodies concerned of its intention to operate a new international passenger service prior to requesting infrastructure capacity from the infrastructure manager

The Danish Regulatory Body shall publish on its website the notification made by the applicant with the exception of any commercially sensitive information, without delay and inform thereof the appropriate entities. Notifications can be found under “Notification of new international rail passenger services” below.

 

Principal purpose

The introduction of new, open-access international rail passenger service with intermediate stops should not be used to open up the market for domestic passenger services, but merely focus on stops that are ancillary to the international journey. The principal purpose should be to carry passengers travelling on an international journey.

At the request of competent authorities, the infrastructure manager or the railway undertaking performing the public service contract, the regulatory body shall verify the principal purpose of a proposed new service. Requests by the entities referred shall be made within four weeks from the publication of the applicant’s notification on the regulatory body’s website. Entities that have the right to make requests for both principal purpose and economic equilibrium may do so simultaneously.

During the assessment process The Danish Regulatory Body will carry out a case-by-case assessment taking into account both qualitative and quantitative criteria. The methodology applied by the regulatory body is described in a specified document in the info box. 

The regulatory body shall make a decision within six weeks at the latest from the receipt of all relevant information. The decision will be notified the applicant and published on the regulatory body’s website.

If The Danish Regulatory Body determines that the principal purpose of the proposed new service is international passenger service, asses to rail infrastructure shall be granted. If the principal purpose test shows that the principal purpose is to carry passengers between stations located in the member state where the regulatory body is established, the regulatory body shall requalify the applicant into an application for a national passenger service and inform the applicant thereof. The applicant shall then follow the relevant national routes to apply for the access to railway infrastructure.

 

Economic equilibrium


The right of access to rail infrastructure can be limited where that right would compromise the economic equilibrium of public service contracts.

At the request of competent authorities, the infrastructure manager or the railway undertaking performing the public service contract, the regulatory body shall determine whether the proposed new international rail passenger service will compromise the economic equilibrium of a public service contract. Requests by the entities referred shall be made within four weeks from the publication of the applicant’s notification on the regulatory body’s website. Entities that have the right to make requests for both principal purpose and economic equilibrium may do so simultaneously.

In the case of the economic equilibrium test, the regulatory body may request information from several entities involved in the test.

The decision is based on an objective method and assessments described in the document about the methodology. The regulatory body shall make a decision within six weeks at the latest from the receipt of all relevant information. The decision will be notified the applicant and published on The Danish Regulatory Body’s website.

As a result of the economic equilibrium test, the regulatory body shall make a decision under establishing a single European railway area, on the basis of which the right of access to the rail infrastructure shall be granted, modified, granted only under conditions or denied.
Before making a decision that would result in denying access to rail infrastructure for the proposed new international passenger service, the regulatory body shall give the opportunity to the applicant to adjust the plan so that it would not compromise the economic equilibrium of the public service contract.
Formula

Formula - Notification of new international rail passenger service 02-03-2017

Notification of new international rail passenger service.
Formula

Formula - Request for an economic equilibrium test

Request for an economic equilibrium test
Formula

Formula - Request for a principal purpose test

Request for a principal purpose test.

Methodology

Methodology for principal purpose test and economic equilibrium test.

Notifications of new international rail passenger services

Last updated 23/10/2019
The regulatory body will without delay publish notifications of new international rail passenger services on its website.
Future notifications will be available on this site.