Recently, RailNetEurope (RNE) has launched a public consultation on the new Commercial Conditions Guidelines. The aim of the Guidelines is to provide a basis for the future harmonisation of financial incentives for IMs and Applicants. The final result of this document is to be inserted into the draft European Framework for Capacity Management, a new instrument above national Network Statements, that will be introduced by the EU Regulation on Use of Railway Infrastructure Capacity.
Forum Train Europe is active in the area of Commercial Conditions for many years. The dedicated FTE Task Force was summoned and analysed the Guidelines and drafted a response to the consultation:
We welcome the ongoing initiative of IMs to harmonise the systems of Commercial Conditions, although the way to a harmonised system remains long with limited improvements from the last version of the Guidelines from 2023. The key requirements of the RU community remain the same, as stated in the “FTE, ERFA, Allrail: RU position on CC” from 2022. The market needs harmonised European timelines and mechanisms that are reciprocal (for both IMs and RUs), simple, fair and transparent. In addition, the penalties must incentivise the goals, but at the same time remain bearable by the market.
Although we welcome that the document proposes a reciprocal system, the proposal is very unbalanced between RUs and IMs. There are an extensive number of exceptions for IMs, who are exempted from penalties for a wide range of external and internal reasons. On the other hand, RUs still have to pay penalties, despite the changes being due to their customers or other parts of the logistic chains. The capacity commitments shall be kept; thus, the penalty system shall start from the moment of capacity allocation and incentivise the process of changes as early as possible. The compliance with TCR planning deadlines (Annex I of the proposed Capacity Regulation) shall not be an exception from IMs’ penalties. The IMs are responsible for the planning and the execution of TCRs and the associated effects. The reputation of railways suffers significantly, since there is no reliability for the customers that they can use trains as a mean of transport (see further reasoning in 2.1.2 and 2.3.2).
The added value in terms of international harmonisation imposed by this document is very low. There is a wide system of exceptions, making most of the current unharmonised systems compliant with the document. The harmonisation vision should reflect more the best practices, rather than a common denominator or the ultimate IMs’ majority compliance with their status quo.
The best practices were, for instance, discussed in the SERAF Subgroup on Commercial Conditions (official body of the European Commission), the report of which can be used. Further best practices and recommendations are included in the RU Vision on CC. Namely, RUs suggest:
- Usage of a continuous (daily-curve) curve in the penalty system, which starts the penalty period for both IMs and RUs from the moment of allocation (French system)
- Uses train-kms as a basis, not Track Access Charges, since there is no logical connection between penalties and them.
- Segmentation between stable and flexible traffic rather than between passenger and freight.
- Penalise differently “real cancellations” of RUs, where the train will not run, compared to situations when the same traffic is newly requested on a different day/time.
- Exemption of minor modifications from the penalty system, given by the definition of “originally allocated timetable can still be used”.
- Inclusion of service facilities and train associations (train turnarounds and connecting train services)
- Wider usage of standardised compensation mechanisms to keep railways as a means of transport attractive, and at the same time bring more predictability for the market.
You may read the full response from FTE here.
The consultation page from RNE can be found here.
If you are a Railway Undertaking, Freight Forwarder, Terminal Operator or any other operational stakeholder, you may consider provision of the feedback to RNE by 23.08.2025 via commercialconditions@rne.eu.
More information about Commercial Conditions project is here.