First Railway Package (Directive)
The first railway package of 2001 consists of three Directives which form the basis for the European railway legislation. According to the Commission, the present summary and recast version is to remove any insufficiencies, uncertainties and gaps in the regulatory framework. It further encompasses the removal of barriers to competition and the reform of regulatory oversight (1. Part), as well as questions regarding the development and operation of the railway infrastructure (2. Part).Its major aim is to provide for a non-discriminatory competition in the railway traffic market.
An effective regulation of the railway sector through the EU is absolutely necessary. The establishment of independent regulatory bodies is mandatory. Contract agreements between Member States and infrastructure managers create planning certainty on public financing. The maintained principle according to which infrastructure managers may take into account only marginal costs when levying railway charges constitutes an obstacle to the necessary development of infrastructure. The Commission's intention to regulate essential aspects of the Directive at executive level through delegated acts, infringes EU law.