The regulatory framework of the italian railways an outline of the main aspects
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The regulatory framework of the Italian railways: an outline of the main aspects. Angela Stefania Bergantino (University of Bari). First Conference on Railroad Industry Structure, Competition and Investment “Round Table” IDEI, Tolouse (France) 7-8th November 2003. Main characteristics.

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The regulatory framework of the italian railways an outline of the main aspects

The regulatory framework of the Italian railways: an outline of the main aspects

Angela Stefania Bergantino

(University of Bari)

First Conference on

Railroad Industry Structure, Competition and Investment

“Round Table”

IDEI, Tolouse (France)

7-8th November 2003


Main characteristics

Main characteristics

  • Structure: Unbundling (separation within same group):

    • FS holding: Trenitalia (services) & RFI (infrastructure) & other companies

  • Services:

    • Access: open access with licence (35 licences  80% freight)

      • Freight: completely liberalised (but only  2-3% third operators)

      • Passengers:

        • Regional-local service obligation: direct assignment; competitive tendering (continuously postponed  2005);

        • Medium-long distance: formally open access (with licence);

        • Medium-long distance public service obligations (night-car): direct assignment;competitive tendering (1/1/2006).

    • Licencing body: Ministry of transport (MT)

    • Rolling stock: owned by Trenitalia (Antitrust: no essential facility in local service tendering – Boll.26/03)

    • Service tariffs: regulated by CIPE with the support of NARS;


Main characteristics1

Main characteristics

  • Infrastructure:

    • Infrastructure manager: exclusive rights to RFI (until 2060)

    • Path allocation: RFI

    • Determination of access charge structure and procedure: CIPE with the support of NARS (inspiration to marginal cost pricing)

    • Informational Network Prospect: RFI (since 2001)

    • Calculation & collection of charge: RFI

    • Freight terminals: owned by RFI  rented directly to Trenitalia  Antitrust (Boll.32/03)

    • “Regulatory organisation” (art. 30 D. 14/01): Ministry of Transport (DL.188/03)


Railway regulation in italy

Other Ministries

Regulator

Ministry of Finance

Ministry of Transport

CIPE

Railway regulation in Italy

  • Services:

    • Criteria for the determination of tariffs;

    • Approval of service contract (service obligation and remuneration)

    • Investment plan of Trenitalia

NARS

Evaluations, guidelines & proposals

  • Infrastructure:

    • Criteria for the determination of access charges;

    • Criteria for the allocation of slot;

    • Approval of Railway Network Plan (every two years)

    • Approval of concession contract (done)

    • Investment plan of RFI

NO

TRANSPORT AUTHORITY


Railway regulation in italy1

Other Ministries

Regulator

Ministry of Finance

Ministry of Transport

CIPE

Owner 100%

Business Plan

Technical & safety regulation

Access charges

Access rules

Invest. plan

Evaluations & proposals

NARS

Stakeholder

FS – holding

RFI

Trenitalia

Other companies

Access charges Access rules

Investment Plan

quality

Service Contract

Price cap

Service obligations

Railway regulation in Italy

2004 - “Regulatory Organisation”

“Consumer” protection

Concession (60 years)

licence


The latest changes

The latest changes

1) railway services: proposal for new regulatory guidelines by NARS

  • A new price-cap

    2) railway infrastructure:

  • Implementation of the EU directives


Services the new price cap september 2003

X

Inflation (adj. RPI)

Quality

Gap-recovery

Adjustment factor

Services: the new price-cap(september 2003)

1) Global price cap: it includes all services, discounts, special fees (leaves greater commercial freedom, safeguards consumers,provides for the inclusion of High Speed services, might facilitate discriminatory pricing);

2) It allows to obtain a “fair remuneration of capital” (wacc) & provides a system of incentives for capital remuneration;

3) Provides for a system of premium/penalty for quality changes


The regulatory framework of the italian railways an outline of the main aspects

Infrastructures: the new regulation of railway network - Decree 188/2003implementation of EU directives (12-13-14/2001)

  • Extension of the applicability of the provisions to the regional network where it is connected to the national (free access, separation);

  • Introduction of the “authorised applicant” (extension to subjects who are not railway undertakings)*;

  • All licence holders can supply all-national passenger and/or freight services;

  • New guidelines on track access charges and their determination (Ministry of Finance & Ministry of Transport with approval of CIPE ( NARS);

  • Regulatory Organisation: Ministry of Transport

  • Allocation of infrastructure capacity remains with RFI (Infrastructure manager - art.4 D. 14/01);

  • Art. 20 – it allows one year from the implementation of the law (october 2004) to RFI to assign to an independent third party the services included in the annex II.2 of D.14/01.

    • Trenitalia as the exclusive right to manage the majority of the freight terminals (61) on the territory: Antitrust case (boll. n.32/03)


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