The regulations establish the tools for planning the strategy and implementing the new infrastructure
On Friday, Minister of Public Works Ana Pastor presented the following to the Council of Ministers: Preliminary Draft of the Railway Sector Act, which establishes a comprehensive new legal framework applicable to the sector. The new law reinforces the rigor in the planning and construction of new infrastructure, promotes the opening up of the network to boost high-speed Internet usage and brings regulations in line with the Establishment of the Railway Safety Agency, strengthening all mechanisms related to security, among other aspects.
This law establishes a comprehensive new legal framework applicable to the railway sector. The legislation in force until now (Law 39/2003) has undergone several amendments in recent months to implement structural reforms. Notable among these are the integration of Feve into Renfe and Adif, the division of Renfe into four companies, the regulatory package that has enabled the liberalization of passenger transport services to begin, and the reorganization of Adif and the creation of Adif Alta Velocidad.
In addition, it was necessary to transpose Directive 2012/34/EU of the European Parliament and of the Council of November 21, 2012, establishing a single European railway area, into Spanish law.
The new law consolidates this reform and also brings the regulations into line with the creation of the Railway Safety Agency, strengthening all safety-related mechanisms.
Planning for New Infrastructure
The text strengthens the mechanisms for rigorous planning of rail infrastructure, requiring that sufficient funding sources be in place. Three instruments are established:
– The «Indicative Strategy,» to be developed by the Ministry of Public Works, as a comprehensive infrastructure planning tool—covering development, maintenance, and renewal.
– An «Activity Program,» which infrastructure managers—Adif and Adif-Alta Velocidad—will be responsible for preparing in accordance with the «Indicative Strategy» and which must include a forecast of the actions to be carried out and an indicative estimate of the associated fees for the next five years.
– An agreement between Adif/Adif-Alta Velocidad and the Ministry of Public Works that sets forth the objectives to be achieved by Adif and the financial contributions from the government.
Fee System
In addition, a new system of fees is being established with the aim of increasing use of the Spanish rail network. Among other changes, the elimination of the annual network access fee and incentives for launching new rail services stand out.
In addition, new measures are included to improve the competitiveness of rail freight transport, such as:
– The implementation of measures to liberalize the services provided at public rail terminals, which will lead to cost reductions.
– The imposition of new transparency requirements on infrastructure operators.
– Simplification of the tariff system and the required authorizations.
– Eliminating the access fee means removing a significant barrier to entry.
– The role of ports as administrators of rail infrastructure within their public domain is being promoted.
Passenger Transportation
With regard to passenger transportation, conditions are imposed on operators to ensure the transparent functioning of the market, such as the obligation to provide the Ministry of Public Works with statistical and accounting information, or the obligation to maintain separate accounts for freight and passenger operations, and, within the scope of passenger services, between commercial services and services designated as public service obligations.
In addition, the law requires companies to have a victim assistance plan in place and sets forth the rights of accident victims.
Railway Safety
Furthermore, the text includes a new section specifically dedicated to railway safety, which does not exist in the current law; its content is adapted to the creation of the new Railway Safety Agency, which will be independent and may not delegate functions to infrastructure managers, railway companies, or the contracting authority, and will be equipped with its own funding mechanisms, in order to strengthen its independence.
Finally, the proposal calls for a more proportionate system of penalties, with stricter penalties for violations of passenger rights and safety-related issues.
Public Hearing
Moving forward, a comprehensive public consultation process will be launched involving all stakeholders in the sector (railroad companies, associations, the CNMC, etc.), with the aim of ensuring the broadest possible consensus.
After analyzing all the comments received, a new draft will be prepared and submitted to the Council of State; it will then be forwarded to the Council of Ministers for approval as a bill and submission to Congress.
