Liberalization of Rail Passenger Transport in the EU

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SECRET Liberalization of Rail Passenger Transport in the EU Päivi Minkkinen April 21, 2016

An overview of the liberalization of EU rail passenger transport on a timeline Opening up of international (=between EU countries) passenger traffic Opening up of domestic passenger traffic 2001 2004 2007 2010 2012 2013 2016? 2019? First railway package Second railway package Third railway package Recast of the first railway package Proposal for the fourth railway package issued Adoption of the fourth railway package Entry into force of the fourth railway package Sources: European Comission, European Council 2

Summary of the different railway packages 2001 First railway package Rail infrastructure package Limited liberalization of international (between EU-countries) freight transport by 2003 2007 Third railway package Liberalization of the international (=between EU countries) rail passenger services by 2010 Certification of train crews Passenger rights 2016? Fourth railway package Completing a single European rail area Liberalization of domestic passenger traffic Second railway package Liberalization of rail freight market by 2007 Technical and safety regulations 2004 2012 Recast of the first railway package Establishing single European rail area Access to rail-related services National regulatory bodies for rail transport 3

The liberalization of EU-wide national rail passenger transport continues to be delayed and leaves significant room for interpretation Railway liberalization schedule Comments 2001 Adoption of the first railway package Guidelines for the network manager as well as on the fixing of prices and allocation of routes 2013 COM submits proposal for the 4 th railway package Regulations for separation of network and operation, liberalization of passenger transport markets, and for strengthening ERA, interoperability and safety 2015 4 th railway package delayed and less strict Railway holdings can remain in the case of no discriminating access to infrastructure Longer transition allow direct awarding domestic passenger trans. for 10 15 years Recast of the first railway package 2012 New version on prices, access to tracks and service facilities and role of the regulatory authority 2014 1st reading of the 4th railway package in the European Parliament Changes to the overall package Key areas of focus such as the unbundling of the infrastructure will probably remain unaffected 2019 Expected date when the package becomes effective Railway liberalization reforms have been delayed and continuously amended on the past years The implementation of the recast of the 1 st railway package is delayed in most countries The 4 th railway package has also been delayed and amended several times over the past years Due to continuous criticism from the EU member states regulations and conditions are becoming increasingly softer and less binding Formulations of the directives are very broad and leave significant room for interpretation directives have been implemented in various ways, leading to different degrees of liberalization and levels of competition European Commission starts regularly infringement proceedings against states because of national railway politics Source: European Commission, Oliver Wyman analysis 4

The state of the EU railways in 2015 Infrastructure management Separated from railway operations in 13 countries Integrated model in 13 countries Domestic rail passenger markets Only partially liberalized Domestic rail passenger traffic liberalized in 10 EU countries Total liberalization only in 2 countries, UK and Sweden Entering domestic markets often difficult due to long-term franchising contracts with exclusive rights Consolidation of open markets Large multi-modal companies: rail and bus/coach transport Actively looking for new markets, also acquisitions 5

The fundamental aim of the European Commission is to improve Europe s railways Technical: interoperability Political: market opening Single European Rail Area More competitive rail sector Higher levels of safety and reliability Integrated rail network Increased efficiency of rail transport services Sources: European Commission, European Council 6

The fourth railway package completes the liberalization of rail passenger services Technical part Technical interoperability: free movement of trains between EU-countries without national authorization processes EU-wide vehicle authorizations EU-wide safety certificates Political part Opening up of domestic passenger markets by December 2019 Enforcing independence of infrastructure managers from railway operators Mandatory competitive tendering for public service rail contracts Common rules on the award of public service contracts for rail passenger transport Issues still under negotiation Timetable: entry into force and transition period Exemptions to mandatory competitive tendering Terms of validity for public service contracts currently in force and concluded during the transition period Protection of public service contracts against commercial traffic Transfer of rolling stock Social issues: transfer of staff Reciprocity Sources: European Commission, European Council 7

Public service contracts in general refer to rules related to public financing for organizing unprofitable passenger transport services Regulation on public passenger services by rail and road was adopted in 2007 Public passenger transport = Passenger transport services of general economic interest provided to the public on a nondiscriminatory and continuous basis Current regulation allows both for competitive tendering and direct awards After the fourth railway package will be adopted, competitive tendering will be the general rule. Proposal to have limited exemptions allowing direct awards based on efficiency criteria Statistics The share of domestic passenger transport is 94% of all passenger km in the EU Public service contracts comprise 62-65% of all passenger km in the EU (statistics from 2011-2012) All local and regional traffic and 2/3 of long-distance traffic are based on public service obligations 8

In the EU, over half of the services are organized through public service contracts PSO and commercial services in 2012 (% pkm) EU average: 62-65% Source: RMMS questionnaires - annex 15 of Staff Working Document SWD(2014) 186 9

All local and regional traffic and 2/3 of long-distance traffic are based on public service obligations Rail segments and market structure in 2012 (% pkm) Source: RMMS questionnaires, own research, State aid scoreboard; the situation in Poland could be slightly different with some commercial services running on regional lines 10

LESSONS LEARNED FROM LIBERALIZATION IN EUROPE 11

Low Level of competition High European passenger rail is at different levels of liberalization and competition today Level of competition and degree of liberalization UK Germany Italy Norway Czech Republic Romania Poland BelgiumSlovakia Austria Netherlands Denmark Sweden Switzerland Spain France Hungary Finland Slovenia Bulgaria Portugal Greece Low 20 10 Size of bubble indicates BN pkm Degree of liberalization High Source: IBM, European Commission, Oliver Wyman analysis 12

While liberalization is taking place at various speeds, three main models have been adopted Disruptive model Evolution model 1 2 3 Fast implementation (~2 5 years) Tendering or open access policy for the majority of the network Horizontal separation of value chain Vertical separation (freight, passenger and infrastructure) Significant build up of regulatory, coordination and control body Stepwise implementation (~5 15 years) Tendering of an increasing share of the network/ open access policy for long distance Some vertical and horizontal separation, integrated railway holding Build up of regulatory, coordination and control body Strong governance control No liberalization One incumbent (and small public owned local operators) Fully integrated value chain and horizontal integration Strong governmental control with lean regulatory body and regulation based on performance agreements Split-up of incumbent Remaining strong incumbent Integrated incumbent and system coordinator with tight governmental performance control Examples Examples Examples UK SW G AT I CH Lux Source: Oliver Wyman analysis 13

Each model reflects a different level of impact on the vertical and horizontal separation, as well as on the organization of competition Model criteria Level of vertical integration Usually clear split between infrastructure, passenger and freight Often further separation within passenger into long distance (high speed and/or conventional) and regional/suburban Partially existence of integrated railway holding Value Chain integration Value chain typically divided into operations, rolling stock procurement/ financing, maintenance, sales (incl. separate ticket distribution) Incumbents often cover full value chain, however new entrants for parts of valuechain Partially explicitly rolling stock provision only by third parties Organization of competition Typically either open access (competition on same routes at same time) and/or tendering (competition for exclusive franchise for a route or network) Transport contracts vary in many points (duration, revenue sharing, vehicles specifications, guarantees by authorities, service level agreements, penalties etc.) Implementation process Each country has chosen a different approach as well as a different timeline concerning the liberalization process (~2 to 20 years) Most countries are not fully liberalized yet, UK, Sweden and Germany most advanced (long distance and regional transport liberalized) Relevant EU legislation (4 th railway package) is delayed, especially respective obligations for tenders Source: Oliver Wyman analysis 14

Nevertheless, experience has shown that railway performance depends mainly on the level of public spending EU passenger rail subsidy RPI ratings with public cost, but some countries get more value for their money 2015 RPI rating 1 8 7 6 5 4 3 2 1 Romania Netherlands Poland Slovenia Ireland Finland Bulgaria Lithuania Switzerland Sweden Denmark France Germany Czech Republic Austria Italy Spain Luxemburg Great Britain Hungary Portugal Norway Slovakia Latvia Belgium 2 3 4 5 6 7 8 9 10 Public cost 1 Comment Countries with high degrees of liberalization, e.g. GB, do not necessarily have the best performing railway systems At the same time they also often rank amongst the highest in terms of public cost allocation While non-liberalized countries with a high public spending, e.g. Switzerland have a very good performance Finland has already low public spending and a high performance in comparison Source: BCG analysis 1. RPI = Railway Performance Index; Performance is measured based on intensity of use, quality of service and safety; public cost is the sum of public subsidies and investments, and it includes cost of debt and expected future investments; 2. 2. Public cost is expressed as thousands of euros per inhabitant, normalized on a scale of 0 to 10; Not adjusted to purchasing power. 15

In Europe public service transport still has a dominant position in rail Subsidy / train km in 2012 (EUR/train km) Public service contracts comprise 62-65% of all passenger km in the EU (statistics from 2011-2012) All local and regional traffic are based on public service obligations 2/3 of long-distance traffic are based on public service obligations In Sweden and Finland the share of PSOs is similar, around 45 % In total 18 billion EUR of public subsidies in the EU to finance public service obligations Source: European Commission European Commission Fourth Report on Monitoring the Rail Market 2014 16

In Sweden all regional passenger traffic consists of liberalized but tendered public service obligations Regional authorities are responsible for ordering and tendering of passenger traffic services Share of public subsidies varies between 40-70 % Use of public financing has grown after opening of the market in 2010 In 2014 the public spending on train services consisted of 3.1 billion SEK (over 300 million EUR) 3,2 Public spending on train services, billion SEK 3 2,8 2,6 2,4 2,2 2011 2012 2013 2014 Sources Öppna jämförelser, Kollektivtrafik 2014, SKL and statistics of Trafikanalys 17

The UK rail market is also liberalized but with much smaller government funding Rail industry income was 13.5 billion 71 % from passengers 26 % from governments Overall cost of running railways was 13.5 billion 54 % train operations 46 % rail infrastructure Franchised train operators contributed more to governments than in previous years In 2013-14 net they received net support of 0.1 billion In 2014-15 they made net payments of 0.7 billion Total governments funding per passenger journey England 1.66 Scotland 6.70 Wales 9.14 due to the very different average passenger densities per train Source: ORR 18

Lessons learned from the different models and countries Disruptive model Evolution model Governance model 1 2 3 Disruption led to an increase in competition in the UK High increase in number of passengers (starting from a very low level) Development of competition is strongly dependent on attractive passenger flows (e.g. regional franchises 12 BN pax km p.a.) High complexity due to fragmentation High degree of coordination required, causing high administration costs High cost of infrastructure Build up of competition in Sweden has been slow due to unattractive passenger flows Inability to attract international players due to unattractive traffic patterns only for attractive lines (e.g. Stockholm Göteborg (MTR Express)) Only little value creation on entrepreneurial level, value chain fragmented and not attractive for large investors Continuous increase in overall public contribution Several benefits of the evolution model have been realized in Germany and Austria, but the competitive situation remains unsustainable Attractive rail systems exist in Switzerland and Luxembourg, but only due to high public spending and strong governmental control Source: ORR, DfT (UK), BAG SPNV, : BAV Bundesamt für Verkehr, Oliver Wyman analysis 19

SPECIFICS OF THE FINNISH RAILWAY MARKET 20

The base for liberalization has already been established Separation between infrastructure and operations as well as of passenger and freight has already taken place Freight market has been opened for competition in 2007 and the tendered Helsinki area commuter services will start in 2021 The long-distance bus/coach market is liberalized High degree of cost transparency concerning infrastructure charges, subsidies and VR s operational cost Source: VR, Oliver Wyman analysis 21

Key characteristics of the Finnish passenger railway market Single track infrastructure High risk of capacity bottlenecks Low operational flexibility Specific gauge Limited reutilization possibilities of European rolling stock High degree of rolling stock specification and high procurement cost Low density population Nationalwide only low traffic volume, which can be bundled in order to increase load factor Major traffic volume only present in Southern parts of Finland (Helsinki region), no other large cities Good positioning of intermodal competitors Many airports No road congestion Source: VR, Oliver Wyman analysis 22

Intermodal competition from low-cost buses has already led to price reductions as well as schedule and operating cost optimization Intermodal (low-cost bus) competitive intensity Deregulation of the bus/coach market has brought significant intermodal competition to rail from 2014 onwards 64% of the travelling is within 300 km radius of Helsinki - 14% from Helsinki to other parts is beyond 300 km - 22% of the traffic is outside of the 300 km radius of Helsinki Traffic within the 300 km is particular attractive for bus services 64% of trips are within a 300 km radius, which is particular attractive for bus services Preliminary conclusion: Additional rail competition will not bring significant additional impact nor increase the overall volume of travellers 300 km radius Source: VR, Oliver Wyman analysis 23

Liberalization of the rail market - four key conclusions 1 2 3 4 The liberalization model needs to be tailored to the countries traffic structure and liberalization objectives as well as at the appropriate implementation speed Tendered networks/baskets need to be attractive for operators Appropriate coordinating and regulatory structures be build up is required but the degree of complexity needs to be in balance with the benefits Liberalization does not mean that public financing can be avoided Source: VR, Oliver Wyman analysis 24

Thank you for your attention!