Ref. Ares(2014)2647032 - 11/08/2014
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR MOBILITY AND TRANSPORT
The Director-General
Brussels,
MOVE/B/2/EH/sy
M. Jeppe Tranholm-Mikkelsen
Ambassador
Permanent Representative of Denmark
to the European Union
Rue d'Arlon 73
BE - 1040 Bruxelles
Subject:
Organisation of the Danish Rail Regulatory Body
Your Excellency,
The European Commission has been informed about an alleged decision of the Danish
Ministry of Transport to close down the separate and independent secretariat of the Danish
Rail Regulatory Body as from 1 January 2015. According to the information, future cases
of the regulatory body would be dealt with by employees also working for the Danish
Transport Authority.
I should like to draw your attention to the fact that Directive 2012/34/EU requires Member
States to set up regulatory bodies as entities which in organisational, functional, hierarchical
and decision-making terms are legally distinct and independent from any other public or
private entity and also independent in their organisation, funding decisions, legal structure
and decision-making from any infrastructure manager, charging body, allocation body or
applicant.
According to the information of the European Commission, the Danish Transport Authority
is approving the charges for the use of railway infrastructure, service facilities and services.
In view of these circumstances, the Commission is concerned that the envisaged closure of
the independent secretariat of the Danish Rail Regulatory Body and transferral of its tasks,
including the preparation of decisions of the regulatory body, to personnel also working for
the Danish Transport Authority, does not meet the independence requirements set out in
Article 55(1) of Directive 2012/34/EU.
I would therefore invite the Danish authorities to discuss how compliance with the
independence requirements concerning rail regulatory bodies will be ensured following the
envisaged closure of the independent secretariat of the Danish Rail Regulatory Body.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
DM 28 08/101 Direct Line: +32 229-96310