The EU Commission released in July 2005 its third proposal for a "regulation on action by Member States concerning public service requirements and the award of public service contracts in passenger transport by rail, road and inland waterway". Prior to present the new proposal and to analyse the consequences on authorities and operators, the paper will first describe the current legal framework ruling public transport in Europe with a specific focus on financial compensations and granting of exclusive rights for operators. The paper will then describe how several legal disputes have raised in the public transport sector and led to a strong expectation for a new regulation. The text also sets a precise framework for contract awarding, publicity and monitoring. The duration of the contracts and the calculation of compensations are strictly defined. The mandatory content of the contracts has been however lightened compared to the previous versions. EMTA, association of European Metropolitan Transport Authorities bringing together 32 authorities responsible for public transport, has analysed possible consequences of this regulation on the awarding of public service contracts in Europe with a focus on its member cities. The level of change expected by this draft regulation depends mainly on the institutional framework and on the status of operating companies. However, rules applying for the award of public service contracts can have substantial impacts on all public transport authorities. Impacts of the draft regulation can be evaluated through three items: the organisational impacts, the consistence of public transport networks and the provision of services. The potential impacts are important to bear in mind as this text is expected to pass the second reading at the European Parliament during Autumn 2006. For the covering abstract see ITRD E135582.
Samenvatting