Liberalization of the European railway market
The liberalization of the European railway sector began in 1991 with the publication of Directive 91/440/EEC, which aimed to increase competition and efficiency in the industry. With Austria's accession to the European Union in 1995, this directive was transposed into national law, laying the foundation for a series of fundamental reforms in the railway sector.
Development of the European railway market
First railway package
The first railway package, introduced in 2001, formed the basis for the modern European railway system. The most important directives in this package are:
- Directive 2001/12/EC – Promoting the development of railway undertakings within the Community.
- Directive 2001/13/EC – Regulation on the licensing of railway undertakings.
- Directive 2001/14/EC – Management and allocation of infrastructure capacity.
Second railway package
The Second Railway Package, adopted in 2004, focused on improving the safety and interoperability of rail transport in Europe:
- Directive 2004/49/EC – Introduction of a uniform safety standard.
- Directive 2004/50/EC – Promoting the interoperability of the rail system.
- Directive 2004/51/EC – Opening up the European freight transport market.
- Regulation 881/2004 – Establishment of the European Railway Agency to support the integration of the railway network.
Third railway package
The Third Railway Package from 2007 paved the way for the opening up of the cross-border passenger transport market and set new standards for passenger rights:
- Directive 2007/58/EC – Liberalization of international rail passenger transport.
- Directive 2007/59/EC – Introduction of the European train driver's license.
- Regulation 1370/2007 – Regulation of public passenger transport services.
- Regulation 1371/2007 – Strengthening passenger rights and obligations.
Fourth Railway Package – Political pillar
The Fourth Railway Package (2016) continued the market opening process and strengthened the regulatory capacities of Member States:
- Directive (EU) 2016/2370 – Opening up the market for domestic rail passenger services and infrastructure management.
- Regulation (EU) 2016/2338 – Opening up the market for domestic rail passenger services.
- Regulation (EU) 2016/2337 – Repealing Regulation (EEC) No. 1192/69 on the standardization of the accounts of railway undertakings.
Fourth Railway Package – Technical Pillar
The technical pillar of the Fourth Railway Package aimed to harmonize technical standards and improve safety:
- Regulation (EU) 2016/796 – Establishment of the European Railway Agency.
- Directive (EU) 2016/797 – Improving the interoperability of the European rail system.
- Directive (EU) 2016/798 – Further development of railway safety.
Strengthening competition and opening up markets
Directive 2012/34/EU, also known as the "Recast" of the First Railway Package, laid the foundations for a single European railway area. This directive consolidated and revised the previously applicable regulations in order to increase competitiveness and strengthen the powers of regulatory authorities. It was transposed into national law by June 16, 2015.
Regulation (EU) 2016/2338 entered into force on December 24, 2017, while Directive 2016/2370 had to be implemented by Member States by December 25, 2018.
Impact on the Austrian railway system
In order to ensure the organizational separation of infrastructure and transport operations, the formerly monopolistic Austrian Federal Railways (ÖBB) were converted into a holding structure.
ÖBB-Infrastruktur AG is responsible for operating the infrastructure, while ÖBB-Personenverkehr AG and Rail Cargo Austria AG operate independently in passenger and freight transport.
Liberalization at the European level led to the opening of the national rail network to third-party providers in Austria in 1998. In order to ensure fair network access for passenger and freight transport, Schienen-Control was founded in 1999 as the national regulatory authority. Since it began operations in 2000, it has served as a point of contact for railway companies and passengers.