(Boursier.com) –
The Competition Authority has just issued an opinion on 4 decrees implementing projects of railway reform law. The future architecture based on the establishment of a railway Public group (GPF), integrating under the umbrella of an industrial and commercial establishment (EPIC) header named ‘SNCF’, an Epic responsible management functions of infrastructure ‘SNCF network’ and another in charge of operating the rail services ‘SNCF Mobility’. At the end of his reflection, it considered that “certain measures entail substantial risks for the development of competition” and makes several recommendations to strengthen the independence of the management of railway infrastructure.
Lack of balance
The Authority, which has already ruled in an opinion dated October 4, 2013 on the competitive impact of the bill, said that the recommendations relating to the role of the head Epicde in the railway system in terms of scope, mission and governance have not been included. “The Authority considers that the desirable balance between the two objectives are firstly, industrial integration of the new entity, a factor of economic efficiency, and, secondly, the independence of the management of the infrastructure, essential for the development of fair competition, is not achieved. ” Consequently, it issues of a series of recommendations to strengthen in particular the independence of the management of railway infrastructure.
More independence SNCF Network
SNCF network manages the national rail network for the benefit of all railway undertakings on the market. Insofar SNCF network is no longer independent but integrated within a public railway group, it must “have all the necessary guarantees of independence to ensure the neutrality and objectivity of his choice.” Just like what has been done other European countries, the Authority recommends that the representatives of the SNCF do not take part in the voting decisions of the Board of SNCF network, including decisions relating to the allocation grooves or the pricing of access to the network. The Authority also reflected on the limits of operation of the ethics committee of the national railway system, responsible for ensuring that personnel SNCF network wishing to join a railway undertaking not in a situation of conflict of interest. It recommends that “favorable opinions can not be made by this Commission tacitly.”
Independence for station managers …
The Authority notes that despite its recommendations since 2009, the internal independence measures are still not sufficient to ensure non-discriminatory access to passenger stations, “critical infrastructure to allow entry of new railway companies.” The Authority considers that it is the responsibility of the Director of the stations to ensure that their management be “ensured a transparent and non-discriminatory.” In this sense, it must have guarantees of independence. The Competition Authority recommends match their appointment and removal of same guarantees of independence as apply to the director of rail traffic.
To clarify the role of the SNCF
The Competition Authority regrets that its observations on the configuration of the head of Epic (SNCF) not been included in the carrying rail reform law. She expressed her “fears strengthened on this device” and emphasizes the need to make the planned pooling “on very precisely defined competence areas, not susceptible to undermine the independent exercise of management missions infrastructure. ” “The skills could not be pooled on the express request of Epic affected by these divestitures, and after approval by the Regulatory Authority rail operations (Araf), which should be a guarantee of maintaining the specificity of each mission Epic “.
Strengthening the powers of the Araf
The Competition Authority and supports the strengthening of tools and resources the sectoral regulator, Araf. It recommends that the government “clearly empower the Araf to encompass all cross-cutting measures and pooled tasks provided by the SNCF, including the conditions of the tariff benefits between Epic, clarify and increase the means of access to information and control of the regulator and provide the material and human resources enabling it to carry out its missions. “
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