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RegioJet a.s.

RJ

Provozování vlakové a autobusové dopravy v režimu open access stejně jako v režimu veřejné služby.

Lobbying Activity

Response to Economic Equilibrium Test for national rail regulatory bodies

18 May 2018

18th May 2018 Subject: Comments of RegioJet (Czech Republic, Slovakia) in public consultation on draft implementing regulation on Economic Equilibrium Test for national rail regulatory bodies 1) Opening When implementing any regulation regarding Economic Equilibrium Tests we consider of the key importance following the basic objective of the EU legislation regarding railway business – which is open liberalized market with growing quality of railway services for passengers / customers based on healthy competition. Subsidies should be considered relevant in situations where any other operator is not willing to provide such a public transportation service on a commercial basis without subsidies. Any subsidized services should be tendered and if they have not been tendered, also the implementation of the Economic Equilibrium Test should be questioned – as such PSO contract environment has not been created based on fair and balanced conditions. 2) Recommendation and general comments that should be part of any discussion regarding Economic Equilibrium Tests and any implementing regulation should take them in consideration. Referring to RegioJet recent experience – the goal of the implementation of the Economic Equilibrium Test should not be to find a tool how to protect state-owned operators against open-access competition entering railway market with its services. It cannot be used on a purpose as a tool how to control (or even damage) business of private or generally non-subsidized commercial operators. • Economic Equilibrium Test cannot be a tool how to find / calculate reasons why to advocate refusal of commercial business on railways in situations where it shows that it can be more efficient for public finances and also for passengers and quality of railway services. • The role of Economic Equilibrium Test should be in finding balanced solution for the market and customers – considering all the aspects, including positive benefits for the market or potential cancellation of subsidies in cases where non-subsidized alternatives exist. • Economic Equilibrium Tests cannot be implemented on fully international services to protect already existing train services subsidized in individual countries under domestic (non-cross border) PSO contracts. • National regulatory bodies have to be fully independent when implementing Economic Equilibrium Tests and cannot be instructed or even managed – for example - by the ministries of transportation in any aspect of the decision making process. • National regulatory bodies should be educated in understanding their positions as authorities who are fully responsible to pass fully independent decision respecting the objectives given by EU legislation. 3) Concrete specific recommendation regarding the draft • In Article 2 – Scope – … between a given place of departure and a given destination … should be more specified that it means stations where passengers can get on / off the trains and not for example the crossing border point. • In Article 4 – point 1 – notification period should be shorter than 18 months. 9-12 months should be more appropriate. • In Article 10 – to provide guidelines how to evaluate if the “negative impact is substantial” and what it means as a value – as this has already been a matter of questioning. In all above mentioned comments we consider very important to continue in intensive communication and educational activities between the European Commission and DG Move on one hand and national regulatory bodies (Transportation Authorities) – explaining objectives of the EU legislation, processes and methodologies, and the importance of the independence when finding the best solution for the balanced railway market. Aleš Ondrůj Director for communications and public affairs RegioJet a.s. Tel.: 00420 603 523 053 e-mail: ales.ondruj@regiojet.cz
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Meeting with Jocelyn Fajardo (Cabinet of Commissioner Violeta Bulc)

9 Nov 2017 · Meeting with RegioJet representatives