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Parliamentary questions
5 February 2014
Answer given by Mr Kallas on behalf of the Commission

Directive 2012/34/EU (the Recast) confirmed the existing rules on separation of accounts between infrastructure managers and railway undertakings, and created the obligation to submit detailed accounts to the regulatory body, with a view to prevent cross-subsidisation. This obligation and the control power for the regulators on account separation will have to be introduced by June 2015.

On the basis of the existing law, the Commission has started a number of infringement procedures to check compatibility of national rules on financial transparency with EU legislation.

In addition, the Commission proposed in its Fourth Rail Package very strict ‘Chinese walls’ for integrated companies, which will, if adopted, lead to completely separate financial circuits between infrastructure and the rest of the integrated undertaking. This goes beyond the pure prohibition to transfer public funds, and will lead to a complete prohibition of all money flows, also in order to facilitate the control of the provisions on account separation.

The Recast foresees a report from the Commission to the co-legislators by the end of 2014 on the effectiveness of the arrangements put in place by Directive 2012/34/EU for national regulators and the need for an EU regulator may be considered at that time.

Technical aspects that differ from one Member State to another have existed for years and cannot systematically all be considered as infringing of competition rules, although it is not excluded that some of them have anti-competitive purposes. The Commission took a number of actions (e.g. TSIs) to harmonise technical aspects in order to create a level playing field for all EU operators, and the technical pillar of the Fourth Package will further strengthen these efforts.

OJ C 268, 14/08/2014
Last updated: 19 February 2014Legal notice