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Europaudvalget 2025
KOM (2025) 0368
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EUROPEAN

COMMISSION

Brussels, 8.7.2025

SWD(2025) 178 final

COMMISSION STAFF WORKING DOCUMENT

Accompanying the document

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE

COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE

COMMITTEE OF THE REGIONS

on the implementation of Directive 2012/34/EU

as amended by Directive (EU) 2016/2370

{COM(2025) 368 final}

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Introduction

Between 2001 and 2016, four EU legislative packages were adopted with the aim of gradually

opening rail transport service markets to competition, making national railway systems

interoperable and defining appropriate framework conditions for the development of a single

European railway area.

Within the 4th Railway Package adopted in 2016, Directive (EU) 2016/2370 (‘Governance

Directive’) amended Directive 2012/34/EU (‘Recast Directive’), which is the cornerstone of

the European Union’s legal framework for the railway market and establishes a single European

railway area by ensuring fair and non-discriminatory access to rail infrastructure and services.

The amendments made by the Governance Directive had two main goals:

•

completing rail market opening, including open access to domestic passenger services; and

introducing clear rules for infrastructure managers being part of a vertically integrated

undertaking, to avoid conflicts of interest and discriminatory behaviour.

Article 63(1) of the amended Recast Directive requires the Commission to evaluate the impact

of the Directive on the rail sector and submit to the European Parliament, the Council, the

European Economic and Social Committee and the Committee of the Regions a report on its

implementation. The report must evaluate, in particular, the development of high-speed

services and the existence of discriminatory practices regarding access to high-speed lines. In

parallel, the Commission is required to assess whether discriminatory practices or other types

of distortion of competition persist in relation to infrastructure managers which are part of a

vertically integrated undertaking.

The Governance Directive entered into force on 24 December 2016 and its transposition

deadline was 25 December 2018. However, most of the Member States experienced delays in

transposing it into national law. Moreover, according to Article 3, the provisions concerning

the market opening of domestic passenger services and the related economic equilibrium test

only applied to the annual working timetable starting on 14 December 2020.

The combination of late entry into force of market opening provisions and the delays in fully

transposing the Governance Directive’s provisions in national law resulted in a lack of data on

the actual implementation of the amended Recast Directive. In addition, the persisting effects

of the COVID-19 pandemic during the first timetable year of full application of market opening

provisions (2021) affected market developments and the decisions of railway undertakings on

market entry and on the supply of railway services.

Because of these reasons, the Commission does not consider that the data available at the time

of drafting this report can fully capture the impact of the amended Directive, in particular in

relation to market opening. Accordingly, it seems also premature to assess the need to submit

legislative proposals.

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However, a first general assessment of the implementation of the amended Directive can be

already performed based on the evidence available up to 2024 and on the experience of Member

States that opened their rail markets ahead of the EU legal deadlines, with the disclaimer that

a proper evaluation will be needed once further annual data becomes available.

The following annexes integrate the Commission’s report by detailing the sources used, the

infringement cases considered and an overview of the recent developments in the UE rail

market including relevant statistical indicators.

List of Annexes

Annex A – Sources

Annex B - List of infringement cases

Annex C – Overview of market developments and statistics

kom (2025) 0368 - Ingen titel

ANNEX A

SOURCES

The Commission based this report on a number of different sources.

The first source has been the Commission’s own extensive experience given by the

transposition checks of the Directive(s) in national laws and related infringement cases.

Complaints received over the years also provided clear indications of difficulties faced by the

sector.

In preparation of this report the Commission engaged in discussions with stakeholders in

various fora, as for example the European Rail Regulatory Bodies platform (ENRRB) or the

dedicated subgroup of the Single European Railway Area Forum (SERAF).

Bilateral meetings with individual stakeholders and associations, as for example IRG-Rail or

the European Transport Federation (ETF), were also organised to discuss specifically positive

and negative aspects of the implementation of the Directive.

The Commission also took inspiration from different discussions held in other public fora, even

if not specifically dedicated to the assessment of the implementation of the Directive, as the

Platform of Rail Infrastructure Managers in Europe (PRIME), the Rail Directors’ meetings,

Innotrans (2024) and other conferences.

Finally, the Commission consulted a number of studies, position papers and individual

contributions the list of which can be found later in this Annex. For the in-depth analysis of the

persistence of discriminatory practices or other types of distortion of competition in relation to

infrastructure managers which are part of a vertically integrated undertaking, DG MOVE

commissioned a dedicated study, ‘Input study on infrastructure managers part of a vertically

integrated railway undertaking’ (2025) available on the webpage of DG MOVE.

The analysis of the high-speed market in the context of this implementing report has also

informed the drafting of the High-Speed-Rail Communication to be adopted by the

Commission.

The Commission expresses its gratitude to stakeholders having committed to share their

experiences, helping to identify the positive effects so far of the implementation of the

Directive and the obstacles still preventing the achievement of a truly single European railway

area. Given the different backgrounds of contributors, sometimes conflicting experiences were

reported: in any case, they were always useful to the Commission’s own reflection.

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The Commission greatly appreciated the commitment of stakeholders in providing their

contributions, including suggestions on how to overcome the limits of the Directive’s

implementation. Their input constituted a solid basis for the Commission’s assessment, even if

it was not possible to represent satisfactorily in this report the richness of all the contributions

received. They remain available on specific platforms (SERAF, PRIME, etc.) or in the public

websites of contributors (ERA, IRG-Rail, etc.). The Commission will rely on them to keep

assessing the Directive as more evidence will become available and to decide on additional

actions to pursue in the medium term.

List of sources

1. Implementation of the main provisions

Autorité de régulation des transports, « Étude sur l’ouverture à la concurrence des services de

transport ferroviaires de voyageurs » (2022)

Autorité de régulation des transports, ‘Le

marché français du transport ferroviaire en 2023

–

bilan complet’ (2025)

Autorité de la concurrence, “Avis 23-A-18 du 29 novembre 2023 relatif au secteur des

transports terrestres de personnes » (Avis

23-A-18 du 29 novembre 2023

(autoritedelaconcurrence.fr)

)

CNMC, “Balance de la liberalización del transporte de viajeros por ferrocarril” (2024)”

CNMC, ‘E/CNMC/004/19, Market study on the liberalisation of passenger transport services

by rail’ (2019)

Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 on access to

service facilities and rail-related services (Implementing

regulation - 2017/2177 - EN - EUR-

Lex (europa.eu))

Communication from the Commission “The European Green Deal”, COM(2019) 640 final

Communication from the Commission to the European Parliament, the Council, the European

Economic and Social Committee and the Committee of the Regions ‘Sustainable and Smart

Mobility Strategy – putting European transport on track for the future’, COM/2020/789 final

Communication from the Commission to the European Parliament and the Council - Action

plan to boost long distance and cross-border passenger rail,

COM(2021) 810 final

Draghi M., ‘The

future of European competitiveness‘,

(2024)

ERA, ‘Cross-border

Rail Transport Potential‘,

(2022)

ETF and WMP consult, “The impact of railway liberalisation on social and working

conditions” (2023)

European Commission “Impact assessment - support study for the review of the Community

guidelines on State aid for railway undertakings” (2023) -

Final Report (europa.eu)

European Commission, “Impact of the COVID-19 pandemic on the financial sustainability of

the railway sector” (2024) final report

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European Commission, “Input study on infrastructure managers part of a vertically integrated

railway undertaking” (2025)

European Commission, “Long-distance cross-border passenger rail services”, (2021)

European Commission, “Study on passenger and freight rail transport services’ prices for

final customers” (2024) -final report and annexes

European Union Agency for Railways, “Ex-post evaluation report on licences - Agency

contribution to the Commission-led evaluation of Directive 2012/34/EU as per Art. 63”

(2024)

European Commission, “Support study to the impact assessment on measures to better

manage and coordinate cross-border rail traffic, including through revised rules for capacity

allocation and infrastructure charging in rail”, (2023)

IEA, UIC ‘The Future of Rail – Opportunities for energy and the environment’, 2019

IRG-Rail, “Input

to Commission’s assessment of 2012/34/EU Directive”,

(2024)

Letta, E., ‘Much

more than a market‘,

(2024)

Mission letter

to Apostolos Tzitzikostas Commissioner-designate for Sustainable Transport

and Tourism

PRIME “Charging and State Funding of European Infrastructure Managers” (2022)

Research for TRAN Committee - Perspectives for the rolling stock supply in the EU

(europa.eu)

SERAF subgroup on the SERA Directive implementing report, survey’s individual replies

available to SERAF members on CIRCABC, (2024)

2. The development of high-speed services

Antoniazzi, F., Giuricin, A., & Tosatti, R..

Introducing competition in Italian high-speed rail.

L’Espace Géographique,

48(4), 329–349, (2019).

CER, ‘On

track for Europe‘,

(2024)

CER, ‘High

speed rail

as a strategic tool for achieving European transport policy goals:

smart, integrated and sustainable mobility’, (2023)

Deutsche Bahn, ‘Metropolitan

Network:

A strong European railway for an ever closer union’,

(2023)

ECA, ‘A

European high-speed rail network:

not a reality but an ineffective patchwork’,

(2018)

European Commission, ‘Study on passenger and freight rail transport services’ prices for

final customers’ (2024)

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UIC ‘Atlas High-Speed Rail’ (2023)

UIC, ‘High-Speed

around the world

- Historical, geographical, and technological

development’ (2023)

3. Vertically integrated undertakings

Autorité de régulation des transports, ‘ART ‘

Le code de bonne conduite et l’indépendance du

gestionnaire d’infrastructure SNCF Réseau‘,

(2024)

E.CA Economics, “Vertical integration, competition and efficiency in the rail industry:

Economic trade-offs”, June 2024

European Commission, “Input study on infrastructure managers part of a vertically integrated

railway undertaking” (2025)

IRG-Rail, “Input to Commission’s assessment of 2012/34/EU Directive”, (2024)

SERAF subgroup on the SERA Directive implementing report, survey’s individual replies

available to SERAF members on CIRCABC, (2024)

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ANNEX B

LIST OF INFRINGEMENT CASES

The Recast Directive, recasting the First Railway Package and establishing a single European railway area, was amended by the Governance

Directive which deals with the opening of domestic passenger transport services and the governance of the railway infrastructure. Several

infringement proceedings have been launched against Member States in the past decade under both Directives. Of the infringement proceedings,

39 were launched for non-communication reasons, meaning that Member States had not notified their transposing measures to the Commission on

time. A similar number of infringement proceedings (38) targeted the incorrect transposition by Member States of various articles of the Recast

Directive. These proceedings, some of them still ongoing when drafting this staff working document, targeted the following issues, from the most

to the least prevalent.

The

governance of the infrastructure manager,

which is any body or firm responsible for establishing, managing and maintaining railway

infrastructure. To ensure a level playing field for all railway undertakings, infrastructure managers should be independent and responsible

for their own management, administration, and internal control. The Commission found that the lack of independence of their essential

functions in determining equitable and non-discriminatory access to infrastructure was a common grievance; it launched infringement

proceedings with regard to this issue on sixteen occasions against nine Member States. Issues relating to the financing of infrastructure

managers, the separation of accounts between infrastructure management and transport operations, and the independence of railway

undertakings and infrastructure managers were frequent, totalling twenty-five infringement proceedings launched against fourteen Member

States.

The

charging framework,

which should be non-discriminatory to ensure equal access to railway infrastructure and services for all railway

undertakings and respect the independence of the infrastructure manager. Issues relating to the lack of incentives given to infrastructure

managers to reduce the cost of providing infrastructure and the level of access charges were most recurrent, with eight Member States

being the subject of infringement proceedings on the matter. Other cases targeted issues relating to discounts, exceptions to the charging

principles, reservation charges, cooperation with other infrastructure managers in relation to charges systems in more than one network, as

well as the performance scheme. A total of seventeen infringement cases against twelve Member States related to the charging framework.

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The

role of the regulatory body,

which is essential to monitor the railway market and settle disputes between the infrastructure operator

and railway undertakings. In eighteen infringement cases opened against twelve Member States, the European Commission found that the

regulatory body failed to perform its functions, particularly in hearing complaints from railway undertakings. In a small number of cases,

the body lacked the human, financial, and administrative resources necessary to perform its duties. Cooperation between regulatory bodies

enables consistency in decision-making across the Union and was a cause for concern in six infringement cases against as many Member

States.

The

granting of infrastructure access rights,

including access rights to the necessary services, on a fair and non-discriminatory basis to

all railway undertakings. The European Commission launched infringement proceedings against nine Member States for unsatisfactory

conditions of access to services, falling short of the requirement of fully transparent and non-discriminatory access. Limitation of the right

of access and of the right to pick up and set down passengers was also an issue: five infringement proceedings were launched against four

Member States.

Allocation of infrastructure capacity,

which is to be performed by the infrastructure manager in a fair and non-discriminatory manner

for each working timetable, and possibly also using framework agreements with railway undertakings covering more than one working

timetable. Concerns raised by the European Commission included the lack of cooperation of infrastructure managers in the allocation of

infrastructure capacity on more than one network, the coordination process in cases of scheduling conflict, the allocation of specialised

infrastructure, and the network statement to be published by the infrastructure manager. Infringement proceedings relating to infrastructure

capacity totalled fourteen cases against twelve Member States.

The

granting of licences,

which enables railway undertakings to operate on the market and which should be carried out by an independent

licensing authority. The procedure of granting licences was one of the main concerns of the European Commission, which should be public,

decided upon within three months and subject to judicial review. In addition, issues related to requirements relating to good repute and

temporary licences were detected. Overall, the European Commission has launched eight infringement cases regarding licensing against

seven Member States.

The following tables identify the concluded infringement cases related to Directive 2012/34/EU and Directive (EU) 2016/2370 as of November

2024 (11 infringement cases were still active at that time).

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Table 1: Directive 2012/34/EU

Infringement case

number

INFR(2021)2218

Country

Czechia

Type of

infringement

Non-

communication

of transposition

measures for

directives

Non-conformity

of transposition

for directives

Non-

communication

of transposition

measures for

directives

Legal basis

32012L0034

Court

reference

Financial

sanctions

Article Number from Directive

2012/34/EU

Article 8(4)(1)

General Issues

Financing infrastructure manager

INFR(2016)2171

INFR(2019)2157

Croatia

Denmark

32012L0034

Article 46(2), Article 46(5), Article

46(6), Article 56(9) and Article

56(10)

Article 3, Article 4(2), Article 5(1)

to 5(4), Articles 8(2) to 8(4),

Articles 9(1) & (3), Articles 12(2) &

(4), Articles 13(5) and (8), Article

24(2), Article 25(2), Article 30(3),

(5) to (7); Article 31(4) to (8) and

(10); Article 32(3); Articles 33(1) to

(5); Articles 34(2) to (4); Article

37(2); Article 38(2); Article 41(2);

Article 44(3); Article 46(2) and (3);

Articles 51(3) and (4); Article

56(6); Article 57(5)

Coordination process for infrastructure manager. Powers of the

regulatory authority.

Application definitions for the purposes of the Directive;

Independence of railway undertakings from the State;

Management of railway undertakings according to commercial

principles; Financing of the infrastructure manager;

Transparent debt relief; Levy on railway undertakings

providing passenger services; Conditions of access to services;

Requirements of licences; Procedure for granting licences;

Infrastructure costs and accounts; Principles of charging;

Exceptions to charging principles; Discounts; Compensation

schemes; Cooperation in relation to charging systems on more

than one network; Capacity rights; Applicants: Applications;

Coordination process; Capacity-enhancement plan; Functions

of the regulatory body; Cooperation between regulatory bodies

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

INFR(2015)0321

Netherlands

INFR(2015)0265

Germany

Non-

communication

of transposition

measures for

directives

Non-

communication

of transposition

measures for

directives

32012L0034

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

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Infringement case

number

INFR(2015)0281

Country

Spain

Type of

infringement

Non-

communication

of transposition

measures for

directives

Legal basis

32012L0034

Court

reference

Financial

sanctions

Article Number from Directive

2012/34/EU

Articles 3(9) and (17); Article 6(4);

Article 25(3); Article 27(3); Article

28; Article 29(4); Article 32(1)

second, third, fourth and fifth

subparagraph; Article 32(6),

Article 37; Article 38(4); Article

40(1) second subparagraph; Article

40(2),(3) and (4); Article 45(4);

Article 46(3); Article 52(2); Article

53; Article 56(2) and (12) second

and third sentence; Article 57(2),

(4), (7), (8) and (9); Article 64;

Annex point 1 of VI and Annex VIII.

General Issues

Definitions; Separation of Accounts between infrastructure

management and transport operations; Procedure for granting

licences; Network Statement; Agreements between railway

undertakings and infrastructure managers; Respecting

commercial confidentiality of information from applicants by

IM; Exceptions to charging principles; Cooperation on

charging systems on more than one network; Capacity rights;

Cooperation on the allocation of capacity on more than one

network; Scheduling; Coordination process for scheduling; Use

of train paths; Infrastructure capacity for maintenance work;

Functions of the regulatory body; Cooperation between

regulatory bodies; Transposition. Annexes: requirement for

costs and charges related to railway infrastructure; Accounting

information to be supplied to the regulatory body upon request.

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

INFR(2015)0303

Italy

INFR(2015)0347

United

Kingdom

INFR(2019)2158

Ireland

Non-

communication

of transposition

measures for

directives

Non-

communication

of transposition

measures for

directives

Non-

communication

of transposition

measures for

directives

32012L0034

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

32012L0034

Article 4(1); Article 5; Article 8(4);

Article 9; Article 28; Article 32(3)

and (6); Article 33; Article 40(2),

(3) and (4); Article 42(6)

INFR(2015)0335

Romania

INFR(2015)0297

Hungary

Non-

communication

of transposition

measures for

directives

Non-

communication

of transposition

measures for

directives

32012L0034

Independence of railway undertakings and infrastructure

managers; Management of railway undertakings according to

commercial practices; Financing of the infrastructure

manager; Transparent debt relief; Agreements between railway

undertakings and infrastructure managers; Exceptions to

charging principles; Discounts; Cooperation in the allocation

of infrastructure capacity on more than one network;

Framework agreements.

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

32012L0034

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

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Infringement case

number

INFR(2015)0325

Country

Poland

INFR(2015)0261

Czechia

Type of

infringement

Non-

communication

of transposition

measures for

directives

Non-

communication

of transposition

measures for

directives

Non-

communication

of transposition

measures for

directives

Non-

communication

of transposition

measures for

directives

Non-

communication

of transposition

measures for

directives

Non-

communication

of transposition

measures for

directives

Non-conformity

of transposition

for directives

Non-

communication

of transposition

measures for

directives

Non-

communication

of transposition

measures for

directives

Legal basis

32012L0034

Court

reference

Financial

sanctions

Article Number from Directive

2012/34/EU

General Issues

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

32012L0034

Article 3(4), (5), (9) and (17);

Article 33; Article 35; Article 36;

Article 48(2); Article 49(2) and (3);

Article 52(1); Annex IV point (g);

Annex VI points 2(a), (b), (e ), (f),

(g) and (h); Annex VIII

INFR(2015)0276

Greece

32012L0034

Definitions; Discounts; Performance scheme; Reservation

charges; Ad hoc requests to the infrastructure manager;

Specialised infrastructure; Use of train paths; Contents of the

network statement; Requirements for costs and charges related

to railway infrastructure; Accounting information to be

supplied to the regulatory body upon request.

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

INFR(2015)0245

Belgium

32012L0034

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

INFR(2015)0330

Portugal

32012L0034

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

INFR(2015)0242

Austria

32012L0034

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

INFR(2019)2161

Poland

32012L0034

Article 2(2); Article 8(3); Article

13(2) and (6); Article 35(2); Article

56(12)

INFR(2015)0251

Bulgaria

32012L0034

Exclusion scope from the scope with respect to the licensing of

railway undertakings; Financing of the IM; Conditions of

access to services; Performance scheme: Functions of the

Regulatory body.

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

INFR(2015)0312

Luxemburg

32012L0034

C-489/16

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

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Infringement case

number

INFR(2015)0290

Country

France

INFR(2015)0309

Lithuania

INFR(2015)0285

Finland

INFR(2015)0274

Estonia

INFR(2015)0342

Slovenia

INFR(2015)0317

Latvia

INFR(2019)2311

Slovenia

Type of

infringement

Non-

communication

of transposition

measures for

directives

Non-

communication

of transposition

measures for

directives

Non-

communication

of transposition

measures for

directives

Non-

communication

of transposition

measures for

directives

Non-

communication

of transposition

measures for

directives

Non-

communication

of transposition

measures for

directives

Non-conformity

of transposition

for directives

Non-conformity

of transposition

for directives

Non-

communication

of transposition

measures for

directives

Legal basis

32012L0034

Court

reference

Financial

sanctions

Article Number from Directive

2012/34/EU

General Issues

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

32012L0034

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

32012L0034

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

32012L0034

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

32012L0034

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

32012L0034

Failure to notify transposition of the Directive; Failure to

transpose Directive in time.

32012L0034

Article 19; Article 30(8); Article

31(8) and (10); Article 32(1);

Article 48; Article 55(3); Article

56(9); Annex II(3)(a)

Article 27(1) and (3); Article 35(1)

and (2) in combination with Annex

VI; Article 37; Article 55(1) and (3)

Article 39(2); Article 42(6); Article

49; Article 57(9)

INFR(2020)2311

Luxemburg

32012L0034

INFR(2020)2304

Austria

32012L0034

Requirements relating to good repute; Infrastructure costs and

accounts: Principles of charging; Exceptions to the charging

principle; Ad hoc requests; Regulatory body; Functions of the

regulatory body; Services to be supplied to railway

undertakings.

Network statement; Performance scheme (unclear repartition of

roles between the IM and the allocation body); Cooperation in

relation to charging systems on more than one network;

Independence of the regulatory body.

Confidentiality of information provided to the infrastructure

manager in the context of capacity allocation; Framework

agreements in relation to services using specialised

infrastructure; Specialised infrastructure; Cooperation between

regulatory bodies.

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Infringement case

number

INFR(2020)2303

Country

Luxemburg

Type of

infringement

Non-

communication

of transposition

measures for

directives

Legal basis

32012L0034

Court

reference

Financial

sanctions

Article Number from Directive

2012/34/EU

Article 11(6); Article 29(2); Article

30(6) and (8); Article 31(6); Article

32(3) and (5); Article 33(1), (2), (3)

and (4); Article 40(2) and (5);

Article 49; Article 53(2) and (3);

Article 54(1), (2) and (3); Article

56(5); Article 57(9)

Article 56(5), (8) and (9)

Article 6

General Issues

Limitation of right of access and right to pick up and set down

passengers; Charging; Infrastructure costs and accounts;

Principles of charging; Exceptions to the charging principles;

Discounts; Cooperation in the allocation of infrastructure

capacity on more than one network; Specialised infrastructure;

Infrastructure capacity for maintenance work; Special

measures in the event of disturbances; Functions of the

regulatory body; Cooperation between regulatory bodies.

Resources of the regulatory body and appropriate level of

penalties for it to enforce its requests.

Separation of accounts between IM and railway operator

INFR(2020)2022

INFR(2012)2190

Spain

Slovenia

INFR(2017)2153

INFR(2020)2305

INFR(2017)2178

Bulgaria

Austria

Sweden

Non-conformity

of transposition

for directives

Bad application

of regulations,

Treaties and

decisions

Non-conformity

of transposition

for directives

Non-conformity

of transposition

for directives

Non-conformity

of transposition

for directives

32012L0034

32007R1370

32012D0034

32012L0034

Article 6(1) and (3); Article 53(3)

Article 13(1) and (6); Article 29(1);

Article 36

Article 13(1); Article 16; Article

30(1); Article 35(2); Article 46(3);

Article 47(1); Article 50(2); Article

53(3); Article 54(1); Article 55(1)

and (3); Annex VIII

Obligations of railway undertakings and infrastructure

managers to public balance sheets and profits and loss

account; Independence of the regulatory body.

Conditions of access to services; Independence of the IM in

setting the level of infrastructure charges; Reservation charges

Minimum access package; Independence of the licensing

authority; Incentives to reduce the costs of infrastructure and

the level of access charges; Performance scheme; Coordination

process; Congested infrastructure; Capacity analysis;

Unavailability of infrastructure capacity due to unscheduled

maintenance work; Special measures to be taken in the event of

disturbance; Independence of the regulatory body; Monitoring

of charges paid for services.

Transparency in regards to separation of accounts in rail. Risk

of use of public funds to cross-subsidise other transport

services.

Lack of transposition and notification of the Directive in full.

INFR(2013)2089

INFR(2019)0087

Austria

Sweden

Bad application

of directives

Non-

communication

of transposition

measures for

directives

Non-conformity

of transposition

for directives

Bad application

of directives

31370R2007

32012L0034

32016L2370

C-347/15

Article 6

INFR(2017)2141

INFR(2020)4144

Greece

Lithuania

32012L0034

C-180/23

Article 30(2) and (6) in connection

with Annex V

Article 45(2); Article 47

Contractual agreements between competent authorities and IMs

Priority rules in case of congestion

kom (2025) 0368 - Ingen titel

Infringement case

number

INFR(2019)0044

Country

France

INFR(2017)2140

Romania

Type of

infringement

Non-

communication

of transposition

measures for

directives

Non-conformity

of transposition

for directives

Non-conformity

of transposition

for directives

Bad application

of directives

Legal basis

32016L2370

Court

reference

Financial

sanctions

Article Number from Directive

2012/34/EU

General Issues

Lack of transposition and notification of the Directive in full.

32012L0034

Article 11(2), (3) and (6); Article

19; Article 23(1); Article 25(3);

Article 27; Article 30(2) and (6);

Article 55(3); Article 56(1)

Article 6(1)

Article 8; Article 31

INFR(2014)2076

INFR(2013)2026

France

Romania

32007R1370

32012L0034

32001L0014

32012L0034

Licensing of railway undertakings; Publication of charges for

services provided in service facilities by IM; Contractual

agreement between the state and the IM; Rail regulatory body:

Role of the ministry in making a decision to determine the

economic equilibrium

Accounting separation. Transparency of accounts; transfer of

funds within vertically integrated undertakings.

Financial equilibrium IM and charges imposed on diesel trains.

kom (2025) 0368 - Ingen titel

Table 2: Directive 2016/2370

Infringement case

number

INFR(2021)2247

INFR(2021)2049

INFR(2019)0025

INFR(2019)0015

Country

Ireland

Denmark

Czechia

Bulgaria

Type of infringement

Non-conformity of

transposition for

directives

Non-communication of

transposition measures

for directives

Non-communication of

transposition measures

for directives

Non-communication of

transposition measures

for directives

Non-conformity of

transposition for

directives

Legal basis

32016L2370

Court reference

Financial

sanctions

Insertion of Articles 7(c )(1), (4) and 7(e

); Insertion of Article 56(12)

Article Number from Directive

2016/2370/EU

Article 7(a)(3) and Article 7(c ) (1) of

Directive 2012/34/EU as amended by

Directive 2016/2370

Insertion of Article 7e

General Issues

Independence of the essential functions

of the IM

Coordination mechanisms between IMs

and railway undertakings

Failure to notify transposition of the

Directive; Failure to transpose Directive

in time.

Outsourcing and sharing the IM’s

functions; Coordination mechanisms

between the IM and railway

undertakings; Accounting separation for

the regulatory body.

Independence of the IM and its essential

functions; Impartiality of the IM in

respect of traffic management;

Outsourcing and sharing the IM’s

functions; Complaints managed by the

regulatory body.

Failure to notify transposition of the

Directive; Failure to transpose Directive

in time.

Failure to notify transposition of the

Directive; Failure to transpose Directive

in time.

Definition of IM; definition of "operation

of the railway infrastructure"; definition

of "maintenance of the railway

infrastructure"; Independence of the IM;

Outsourcing and sharing the IM’s

functions; Management of infrastructure

for power supply; Cooperation

agreements; Loans between legal entities

of a vertically integrated undertakings;

Limitation of the right of access and of

the right to pick up and set down

passengers; Powers of the regulatory

body.

Contingency plans put in place by

railway undertakings operating passenger

services.

INFR(2021)2095

Germany

32016L2370

Article 7(1); Insertion of Article 7(a)(2),

Article 7(b)(1), Article 7(c ); Insertion of

Article 56(9)

INFR(2019)0065

INFR(2019)0087

INFR(2019)0003

Latvia

Sweden

Austria

Non-communication of

transposition measures

for directives

Non-communication of

transposition measures

for directives

Non-communication of

transposition measures

for directives

32016L2370

Article 3(2); Article 3(2)(b) and (c );

Article 7(1); Article 7c(1)(b); Article

7c(2); Article 7c(3); Article 7c(4); Article

7d(5); Article 11(2); Article 11(3) points

(a) to (d); Article 56(12)

INFR(2019)0059

Luxemburg

Non-communication of

transposition measures

for directives

32016L2370

Article 13a(3)

kom (2025) 0368 - Ingen titel

Infringement case

number

INFR(2019)0044

INFR(2019)0092

INFR(2019)0020

INFR(2019)0057

INFR(2019)0048

INFR(2019)0071

INFR(2019)0091

INFR(2019)0084

INFR(2019)0050

INFR(2019)0028

INFR(2019)0097

INFR(2019)0075

INFR(2019)0035

INFR(2019)0053

INFR(2019)0006

Country

France

Slovakia

Cyprus

Lithuania

Croatia

Netherlands

Slovenia

Romania

Hungary

Germany

United

Kingdom

Poland

Greece

Ireland

Belgium

Type of infringement

Non-communication of

transposition measures

for directives

Non-communication of

transposition measures

for directives

Non-communication of

transposition measures

for directives

Non-communication of

transposition measures

for directives

Non-communication of

transposition measures

for directives

Non-communication of

transposition measures

for directives

Non-communication of

transposition measures

for directives

Non-communication of

transposition measures

for directives

Non-communication of

transposition measures

for directives

Non-communication of

transposition measures

for directives

Non-communication of

transposition measures

for directives

Non-communication of

transposition measures

for directives

Non-communication of

transposition measures

for directives

Non-communication of

transposition measures

for directives

Non-communication of

transposition measures

for directives

Legal basis

32016L2370

Court reference

Financial

sanctions

Article Number from Directive

2016/2370/EU

General Issues

Failure to notify transposition of the

Directive; Failure to transpose Directive

in time.

Failure to notify transposition of the

Directive; Failure to transpose Directive

in time.

Failure to notify transposition of the

Directive; Failure to transpose Directive

in time.

Failure to notify transposition of the

Directive; Failure to transpose Directive

in time.

Failure to notify transposition of the

Directive; Failure to transpose Directive

in time.

Failure to notify transposition of the

Directive; Failure to transpose Directive

in time.

Failure to notify transposition of the

Directive; Failure to transpose Directive

in time.

Failure to notify transposition of the

Directive; Failure to transpose Directive

in time.

Failure to notify transposition of the

Directive; Failure to transpose Directive

in time.

Failure to notify transposition of the

Directive; Failure to transpose Directive

in time.

Failure to notify transposition of the

Directive; Failure to transpose Directive

in time.

Failure to notify transposition of the

Directive; Failure to transpose Directive

in time.

Failure to notify transposition of the

Directive; Failure to transpose Directive

in time.

Failure to notify transposition of the

Directive; Failure to transpose Directive

in time.

Failure to notify transposition of the

Directive; Failure to transpose Directive

in time.

kom (2025) 0368 - Ingen titel

ANNEX C

OVERVIEW OF MARKET DEVELOPMENTS AND STATISTICS

Over the past years, the European rail market has undergone significant developments in both

passenger and freight segments. The period between 2018 and 2022 was marked by a sharp

decline in the volume of passengers and freight due to the COVID-19 pandemic followed by a

steady recovery, increased infrastructure investments in nominal terms, and progress towards

improved market competition and sustainability.

Boosting rail is considered essential to decarbonise transport. Together with waterborne

transport, it is one of the most greenhouse gas emissions efficient transport modes. In 2022, it

performed 7.2% of EU passenger transport and 11.9% of EU freight transport while being

responsible for only 0.3% of transport greenhouse gas emissions in the EU. Rail accounts for

only 1.8% of the transport final energy consumption.

Passenger traffic, measured in passenger-kilometres (pax-km), declined significantly in 2020

due to travel restrictions, from 412 billion pax-km in 2019 to 223 billion pax-km. However, by

2022, the sector recovered to 395 billion pax-km, representing 96% of the pre-pandemic level.

Freight traffic, measured in tonne-kilometres (tonne-km), decreased from 421 billion tonne-km

in 2018 to 397 billion tonne-km in 2020, before recovering to 416 billion tonne-km in 2022,

also nearly reaching pre-pandemic levels.

In terms of train-kilometres (train-km), 2022 saw a full recovery with 3 772.8 million train-

km, a figure equivalent to that of 2019 (3 743.0) and substantially higher than the 3 346.7 train-

km recorded in 2020 due to the pandemics. The proportion between passenger and freight

traffic remains constant at 79% and 21%, respectively.

International traffic remains predominant in freight, with 54% of the total train-km being cross-

border. Passenger traffic, on the other hand, remains predominantly domestic, with

international journeys constituting only 6.8% of the total pax-km in 2022. Public service

obligation (PSO) contracts contributed significantly to passenger traffic, accounting for over

60% of all pax-km in several countries.

Rail’s modal share among passengers and freight remained modest but stable. In 2022, rail

accounted for 8.1% of pax-km and 16.6% of freight tonne-km across all transport modes.

On average, the competitors’ market share in the EU27 in 2022 was 21% in the PSO passenger

market, 12.6% for passenger commercial services and 49% for rail freight. The commercial

passenger market showed promising growth, particularly on high-speed routes, supported by

the entry of alternative operators. For freight, new players captured an increasing market share,

reaching approximately half of the total tonne-km operated in 2022. This growth highlights the

success of liberalization policies in fostering competition and efficiency in the sector.

The sector employed over 920 000 individuals in 2022, a slight increase compared to 2018.

Infrastructure managers (IMs) employed 230 000 employees in 2022, representing 25% of the

total workforce. Main and alternative railway undertakings employed approximately 570 000

kom (2025) 0368 - Ingen titel

and 120 000 employees in 2022, respectively. The gender composition of rail employees in

2022 showed that women accounted for approximately 21% of the workforce, a share

comparable to that recorded in previous years.

Between 2018 and 2022, infrastructure investment grew, with key projects focused on network

upgrades, high-speed rail expansions, and multimodal connectivity. However, part of the

growth was simply driven by the increased prices of materials, workforce and energy.

The high-speed segment

In 2022 around 6% of the EU27 rail network consisted of high-speed rail infrastructure

(12 015km). The distribution of the high-speed infrastructure across the EU territory appears

however uneven. High-speed lines are still concentrated in the southwest of the EU and in

certain member states, most notably Spain, Italy and France, which in 2022 jointly accounted

for 63% of the EU high-speed network.

The EU has been a world leader in developing and promoting high-speed rail, but in the last

ten years the rest-of-the-world’s invested at a faster pace, with the EU network passing from

43% to just 20% of the length of the global high-speed network.

Several member states which so far didn’t have a long high-speed infrastructure declared their

plans to develop extensive networks. Amongst them member states in the northeast of the

EU 27 account for around half of the lines under construction or planned.

In terms of demand, in 2022 in the EU27 more than 6.3 billion passengers travelled by train

for overall 402.2 billion passenger-kilometres (~33% of which by high-speed). The amount of

high-speed passenger kilometres increased dramatically between 1995 and 2019, before

decreasing temporarily as a result of the pandemic and the related limitations to the free

movement of people. The share of high-speed rail within rail passenger transport in general has

grown since the year 2000 to represent 31% of the total rail passenger transport in 2021, mainly

due to high-speed traffic in Italy, France and Spain which together represented in 2022 around

two thirds of all high-speed traffic in EU27. The intensity of use of the network for high-speed

services varies across countries with Spain for example having a quite low intensity of use

compared for example to France Italy and Belgium.

The demand for high-speed services remains mainly domestic. Competition is currently mainly

represented by major incumbents increasingly looking at expansion abroad, in foreign high-

speed domestic markets through subsidiaries (Trenitalia in France and Spain, SNCF in Spain

and Italy, and RENFE in France)

. It’s only now that new entrants unrelated with incumbents

are notifying to regulators and infrastructure managers their intention to launch new high-speed

services.

The following tables and figures provide an overview of the reported statistics.

With the notable exception of Nuovo Trasporto Viaggiatori (NTV) providing high-speed services in Italy under

the brand Italo, which however counted SNCF amongst its shareholders between 2008 and 2015.

kom (2025) 0368 - Ingen titel

Main sources are the

Statistical Pocketbook (2024)

and the preliminary results of the

forthcoming Rail Market Monitoring Survey (RMMS 2025).

Infrastructure

Table 3: Length of conventional and high-speed lines in use (km, 2018-2022) and percentage

electrified in 2022

2018

2019

2020

2021

2022

202 131

3 619

4 029

9 521

2 448

38 836

1 175

2 045

1 990

16 468

27 812

2 617

16 829

1 865

1 919

271

7 907

3 041

5 575

19 355

2 527

10 615

1 208

3 626

5 918

10 914

of w hich:

Electrified

56,9

88,0

74,6

34,0

32,8

54,8

11,9

2,6

37,1

64,8

60,3

38,0

72,4

13,5

7,9

96,7

40,7

74,5

72,0

62,7

70,9

38,0

50,1

43,7

57,9

75,0

EU-27 201 993 202 798 202 459 202 456

3 607

4 030

9 572

2 481

1 161

2 045

2 293

3 614

4 030

9 562

2 536

1 167

2 045

2 280

3 615

4 029

9 542

2 485

38 800

1 167

2 045

2 345

16 135

28 080

2 617

16 782

1 859

1 911

271

7 787

3 041

5 607

19 383

2 526

10 769

1 209

3 627

5 918

10 909

3 612

4 031

9 523

2 485

38 783

1 167

2 045

2 339

16 280

27 924

2 617

16 832

1 859

1 911

271

7 889

3 041

5 603

19 287

2 527

10 764

1 209

3 626

5 918

10 912

38 995 39 068

15 449 16 006

28 461 28 350

2 604

1 860

1 911

271

7 732

3 040

5 526

2 546

1 209

3 627

5 926

2 617

1 860

1 911

271

7 743

3 040

5 615

2 526

1 209

3 629

5 923

16 781 16 779

19 196 19 359

10 765 10 759

10 906 10 899

Source: Statistical Pocketbook (2024)

kom (2025) 0368 - Ingen titel

Table 4: Length of high-speed lines (km at the end of the year)

2012

2013

2014

2015

2016

2017

2018

2019

2020

2021

2022

209

2 058

2 180

2 735

856

896

921

237

224

1 120

860

EU-27

8 881

9 177

10 037

10 216

10 961

11 370

11 494

11 699

12 015

1258

1381

1571

1 571

1 631

2193

2489

3002

3 330

3 487

3 660

3 916

254

Source: Statistical Pocketbook (2024). High speed lines include principal railway lines allowing traffic at

speeds on the main segments equal to or greater than 200 km/h on upgraded lines and 250 km/h on especially

built lines. Dedicated high-speed railway line is a line specially built to allow traffic at speeds equal to or

greater than 250 km/h for the main segments. Dedicated high-speed lines: BE: 209 km; DE: 1200 km; DK:

56km; ES: 3225 km; FR: 2735; IT:896; NL: 89 km.

Table 5: High-speed lines currently under construction

LINE

Stuttgart-Wendlingen

Karlsruhe-Raststatt (Basel)

Buggingen -Katzenbergtunnel (Basel)

(Karlsruhe) Katzenbergtunnel

－

Basel

León-Pola de Lena (Pajares New Pass)

Talayuela-Navalmoral-Plasencia

Vitoria Gasteiz-Bilbao-San Sebastian

Murcia-Almeria

Castejon-Pamplona

La Encina - Valencia

Palencua- Alar del Rey

Genova-Milano (Tortona)

Brescia - Verona

Napoli - Bari

Verona - Padova

Wien Stadlau -Staatsgrenze (AT/SK)

Wien Inzersdorf Ort

－

Wr. Neustadt

Graz-Klagenfurt

Gloggnitz

－

Mürzzuschlag

Volders-Baumkirchen / Innsbruck -Staatsgrenze AT/IT

Evora-Caila

Umeå - Dåvå

Lund - Arlöv

Varberg - Hamra (Varbergtunnel)

Ängelholm - Maria

Le ngt h

S t a rt o f

o pe ra t io n

175

188

107

150

122

2024

2025

2023

2024

2028

2024

2023

2025

2026

2027

2024

2025

Source: Statistical Pocketbook (2024) - The length indicated above is the length of the line under construction

and not necessarily the distance between the places named.

kom (2025) 0368 - Ingen titel

Passenger and Freight Traffic Trends

Figure 1: Evolution of rail passenger traffic volumes (domestic, international and proportion

of international in total traffic) (billion pax-km, 2018-2022)

500

450

400

pax- m (billion)

300

250

200

150

100

2018

2019

2020

international

2021

2022

domestic

proportion of international

Source: 9

RMMS report (preliminary results)

Figure 2: Evolution of rail freight traffic volumes (domestic, international and proportion of

international in total traffic) (billion tonne-km, 2018-2022)

500

450

350

tonne- m (billion)

300

226

230

215

229

223

250

200

150

100

2018

2019

2020

2021

2022

209

192

190

193

domestic

international

proportion of international

Source: 9

RMMS report (preliminary results)

proportion of international tra c

400

proportion of international tra c

350

kom (2025) 0368 - Ingen titel

Figure 3: Passenger and freight volumes (pax-km, tonne-km, and train-km, 2018-2022)

450

400

4.600

4.400

pax tonne- m (billion)

350

300

250

4.000

3.800

3.600

3.400

3.200

200

3.000

2018

2019

2020

freight services

2021

2022

passenger services

total train- m

Source: 9 RMMS report (preliminary results)

Modal Shares

Figure 4: Passenger land transport modal split (% in 2018-2022)

100

of pax- m

2018

ailways

2019

assenger cars

2020

2021

2022

uses and coaches

Tram and metro

Source: 9

RMMS report (preliminary results)

pax freight train m (million)

4.200

kom (2025) 0368 - Ingen titel

Employment and Gender Composition

Figure 5: Proportion of employees working for the infrastructure managers and railway

undertakings respectively on total rail employees per country, (% in 2022)

100

of sta

railway underta ings

infrastructure managers

Source: 9

RMMS report (preliminary results)

Figure 6: Total number of employees in the rail market (infrastructure managers plus railway

undertakings) per country (number, 2018 and 2022)

300.000

250.000

200.000

number of employees (I s ad

150.000

100.000

50.000

2018

2022

Source: 9

RMMS report (preliminary results)

kom (2025) 0368 - Ingen titel

Figure 7: Total employees (main infrastructure managers plus railway undertakings) by gender

structure, (% in 2022)

100

of sta (main I s and

men

women

Source: 9

RMMS report (preliminary results)

Other quantitative information was taken from the following sources:

•

IRG-Rail, “12th Annual Market Monitoring Report”, March 2024 (Main

report,

working document

and

dataset)

ERA, “Report

on Railway Safety and Interoperability in the EU 2024”

Eurostat,

transport statistics database

PRIME, “Benchmarking

report 2022

European Commission, “Study on passenger and freight rail transport services’ prices

for final customers” (2024) -final

report

and

annexes

European Commission, “Impact of the COVID-19 pandemic on the financial

sustainability of the railway sector” (2024) -

final report

Further to these, the report took quantitative information also from rail market monitoring

reports of a number of national rail regulatory bodies.