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REVISION OF THE RAILWAY ACT: FULL EFFECT MAY NOT MATERIALISE

REVISION OF THE RAILWAY ACT: FULL EFFECT MAY NOT MATERIALISE

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On 12 September 2023, the National Council approved the revision of the Railways Act (EBG), following its unanimous approval by the Council of States in the 2023 summer session. However, the revision of the Railways Act cannot be fully implemented until the 4th EU railway package is included in the land transport agreement or the transitional solution with the EU is extended. Inefficiencies could therefore remain.

That's the point:
  • What has happened so far
  • Switzerland has adopted three EU railway packages
  • Revised EBG creates equivalent conditions
  • Ordinances must also be adapted
  • Inclusion of the 4th EU railway package in the Land Transport Agreement necessary
 
What has happened so far

The 4th EU railway package has been in force since 16 June 2019 and the EU Railway Agency (ERA) is now responsible for issuing uniform safety certificates and approvals for rolling stock for cross-border traffic. In the 2023 summer session, the Council of States approved its committee's request to amend the Railways Act (implementation of the technical pillar of the 4th EU railway package).

The 4th EU railway package contains three key elements:

  1. The applicable regulations are to be systematically harmonised in all participating countries. This is achieved through institutionalised entry into force procedures for the technical specifications for interoperability, TSIs and their updates. This means that TSIs published by the EU Commission are now directly valid in all countries; national implementation processes are no longer required.
  2. ERA monitors the removal of obsolete national regulations by the responsible national supervisory authorities.
  3. ERA now coordinates the authorisation procedures and issues uniform, cross-border operating licences.

ERA operates the online vehicle authorisation portal "One Stop Shop". It works closely with the national supervisory authorities when checking authorisation dossiers. Today, an application for authorisation can be made and the corresponding dossier submitted in ERA's "One Stop Shop". The ERA examines the dossier in consultation with the national supervisory authorities involved and issues an operating licence that is directly valid in all the countries applied for.

Switzerland has adopted three EU railway packages

Switzerland has adopted the relevant technical provisions of the three EU railway packages as part of the land transport agreement with the EU. It already sits as an observer on the relevant committees for the ongoing development of interoperability and co-operates with the ERA. It has not yet been possible to join the ERA.

Revised EBG creates equivalent conditions

The technical pillar of the 4th EU railway package includes the revision of the requirements for interoperability (Directive 2016/797) and railway safety (Directive 2016/798). It also includes the further development of the ERA into an EU supervisory authority with the One Stop Shop for standardised procedures (see blog article "Switzerland faces isolation in international rail transport"). The revision of the Railways Act lays the foundations for implementing the technical pillar of the 4th railway package. Accordingly, all interoperable Swiss railways are to be subject to the same conditions as EU member states and access to the simplified authorisation procedure is to be opened up via ERA.

Ordinances also need to be amended

On the basis of the amendments to the EBG, the FOT can establish the necessary conformity with the EU directives in a second step at ordinance level. It has therefore already prepared the corresponding draft amendments to the ordinances and had them reviewed by the EU Commission - with a favourable result. Switzerland has thus independently created the basis for the equivalence of its legislation with that of the EU.

Inclusion of the 4th EU railway package in the land transport agreement necessary

With the implemented revision of the EBG, Switzerland has gained valuable time. After all, it usually takes several years for a revision of the law to come into force. In this case, the national legal framework is already in place. However, the inclusion of the technical pillar of the 4th EU railway package in the Land Transport Agreement and accession to the ERA are necessary for it to take full effect. Neither is foreseeable for the time being in the context of the faltering negotiations between the EU and Switzerland. The EU requires an agreement on the framework agreement and the opening of passenger transport in Switzerland (part of the 3rd EU railway package). The latter has so far failed to materialise; all attempts by the FOT to make concessions by softening the market partitioning by Switzerland have so far been unsuccessful.

Full interoperability and a fundamental simplification of authorisation procedures reduce administrative and operational costs. This is fundamental for safe and competitive rail (freight) transport and thus for a successful modal shift.

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On 12 Sep­tem­ber 2023, the Natio­nal Coun­cil appro­ved the revi­si­on of the Rail­ways Act (EBG), fol­lo­wing its unani­mous appr­oval by the Coun­cil of Sta­tes in the 2023 sum­mer ses­si­on. Howe­ver, the revi­si­on of the Rail­ways Act can­not be fully...
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Gotthard Base Tunnel (#6): FOT pragmatically supports freight traffic

Gotthard Base Tunnel (#6): FOT pragmatically supports freight traffic

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After the freight train accident in the Gotthard Base Tunnel, the Federal Office of Transport (FOT) is promoting rail freight transport with tangible measures: The tunnel may only be used for freight trains. The compensation per train operated in unaccompanied combined transport (UCT) will soon be increased to up to CHF 1,100. We, as the association of the shipping industry, would like to express our sincere appreciation for this. By the way: our voice also applies to foreign shippers.

This is what it's all about:

  • Gotthard base tunnel only open for rail freight traffic
  • Higher compensation for transalpine UCT
  • The VAP says thank you

 

Gotthard Base Tunnel open for freight trains only
Since the reopening of the east tunnel of the Gotthard base tunnel, it has been available exclusively for freight traffic. Around 100 train paths are possible every day. A further 30 trains per day run through the mountain section. This means that transalpine rail freight traffic has a total of 130 train paths at its disposal every day. By comparison: in 2022, an average of 120 trains crossed the base tunnel every day.

Thanks to this measure, the freight railways can handle rail freight traffic practically without restrictions. Admittedly, the routing over the mountain route is associated with considerable additional expense. But it mainly affects domestic traffic that is not dependent on the 4-metre corridor.

Higher compensation for transalpine UCT
The FOT is committed to transalpine rail freight traffic and in particular transit traffic (see "The FOT strengthens rail freight traffic through the Alps"). The compensation per train operated in UCT will be increased by CHF 200 to up to CHF 1,100 in the coming weeks. The FOT also does not want to reduce the compensation per consignment for 2024, but will introduce a symbolic reduction of CHF 1 to CHF 57 per consignment. In this way, the FOT is supporting transalpine UCT in a very pragmatic way. Against the background of the difficult construction site situation on the access routes and the tense economic situation, the FOT is refraining from continuing on the current course to reduce compensation for UCT.

The VAP says thank you
The FOT deserves a big thank you for this pragmatic support. It strengthens the joint and targeted efforts of the entire industry to make the capacity restrictions on both the Gotthard and Lötschberg axes as bearable as possible. We see it as a sign of a common policy effort to support modal shift in transit traffic.

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After the freight train acci­dent in the Gott­hard Base Tun­nel, the Fede­ral Office of Trans­port (FOT) is pro­mo­ting rail freight trans­port with tan­gi­ble mea­su­res: The tun­nel may only be used for freight trains. The com­pen­sa­ti­on per train ope­ra­ted in...
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Train path price revision 2025–2028: Price increase is unfounded

Train path price revision 2025–2028: Price increase is unfounded

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The Federal Council plans to increase the train path price in freight transport from 2025. In detail, it wants to raise the basic price for wear and tear by almost 20%; on the grounds of uncovered weight-dependent marginal costs in this area. We reject this unjustified price increase. It accelerates the ongoing modal shift to the roads and contradicts the Federal Council's modal shift objective.

This is the issue:

  • Track access charges not derived transparently
  • Traffic losses prohibit price increases
  • Respect the legal principle of cost recovery and the polluter pays principle
  • Incentive for low-wear freight wagons reversed
  • Make infrastructure managers more accountable

 

Track access charges not derived transparently
The explanatory report of the Federal Office of Transport (FOT) of June 2023 is neither transparently designed nor comprehensibly justified. The reasons for the current determination of the train path price remain completely unclear. Since the FOT refers, among other things, to falling train path revenues, the impression is created that this is a hidden cross-financing of the SBB. Against the background of the "Sustainable Financing of SBB" bill and the reduction of the contribution margin in SBB passenger traffic envisaged therein, this justification is unreasonable for the representatives of freight traffic. Our negative response to the above-mentioned bill can be found in our hearing response of 7 March 2023 and in our blog post "SBB should take responsibility instead of 3 billion financial package".

Traffic losses prohibit price increases
A price increase is unacceptable in view of the traffic losses in domestic, import, export and transit traffic and the significantly cheaper train path prices in the European environment. Shippers have been exposed to drastic price increases for years, especially in wagonload traffic. These are justified by exogenous factors such as train path prices.

Respect the legal principle of cost recovery and the polluter pays principle
The FOT justifies the price increase with the legal principle of cost recovery. This would be upheld even in the event of a price reduction in freight transport. On the contrary, a price reduction is in line with the polluter-pays principle, since freight traffic pays the standard marginal costs of an averagely developed network, which is mainly geared to the needs of passenger traffic. Shippers do not notice the efforts made by the infrastructure managers to build and maintain the infrastructure more cheaply.

Incentive for low-wear freight wagons twisted
The so-called wear factor is supposed to serve as an incentive to use low-wear rolling stock. In the meantime, the opposite is the case: the Federal Council is encouraging the industry not only to pay ever higher track access charges, but also to invest additional financial resources in low-wear rolling stock.

Holding infrastructure managers more accountable
The presented train-path price revision goes easy on the infrastructure operators. As representatives of the siding and terminal operators, who are directly affected by the planning, construction and maintenance costs of SBB Infrastructure in centralised sidings, we observe considerable inefficiencies and an almost shameless handling of financial resources. This is most likely equally true for the public network. The federal government should therefore also oblige infrastructure managers to contain costs.

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The Fede­ral Coun­cil plans to increase the train path price in freight trans­port from 2025. In detail, it wants to raise the basic price for wear and tear by almost 20%; on the grounds of unco­ver­ed weight-depen­dent mar­gi­nal costs in this area. We reject this...
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Gotthard Base Tunnel (#5): Too early to assign blame and liability

Gotthard Base Tunnel (#5): Too early to assign blame and liability

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According to the main edition of the SRF Tagesschau news programme from 27 August 2023, the Federal Office of Transport (BAV) views SBB Cargo as solely liable for the consequences of the freight train accident in the Gotthard Base Tunnel. The programme made reference to an oversight of the rail reform; prior to this, all freight wagons had to be sent to the Federal Railways for maintenance. We believe: It is too early for speculations, and certainly not in media with a nationwide audience. Such polemic does not help solve the problem in any way whatsoever. Only the report of the Swiss Transportation Safety Investigation Board (Sust) will establish clear facts – and create opportunities to respond appropriately.

Topics discussed:

  • The state retains the upper hand in the rail market
  • The rail reform did, in fact, reform liability law
  • Wagon keepers are liable independent of fault
  • Federal Council did not propose any legal changes
  • Contractual provisions are public
  • Responsibility must be assigned based on the Sust report
  • Current liability rules are economically balanced
  • Negative consequences of legal changes must be considered

The state retains the upper hand in the rail market
The federal government clearly assigns responsibility for the freight train accident in the Gotthard Base Tunnel to the SBB subsidiary SBB Cargo. A spokesperson for the BAV indicated on SRF Tagesschau on 27 August 2023 that the applicable liability law originates from the time of the Federal Railways. However, the times have not changed. The Swiss Federal Railways, SBB, still dominate the rail freight market. Only a few weeks ago, the Federal Council approved the renationalization of SBB Cargo. In response to the interpellation by FDP National Council Member Christian Wasserfallen, the Federal Council made clear that the private shareholders had not improved the (financial) situation of SBB Cargo.

The rail reform did, in fact, reform liability law
In the course of the rail reform, the international Convention Concerning International Carriage by Rail (COTIF) was amended to create a separation between infrastructure and operations. At the same time, SBB Cargo terminated the siding contracts. The monopoly privilege, which required that freight trains be sent to the Federal Railways for maintenance, was hereby abolished. Instead, the conditions for use of the freight wagons were standardised between the freight railway undertakings and the wagon keepers at the international level on the basis of COTIF in the form of a contract entitled the “General Contract of Use for Wagons (GCU)”. COTIF and the GCU set out more stringent liability rules than are preferred by the BAV with its reservations against internationally uniform industry solutions. Wagon keepers were in for an unpleasant surprise as they took over full responsibility for the future maintenance of their wagons: The SBB provided the wagon keepers with extremely sparse documentation on the condition and maintenance of their freight wagons by SBB Cargo up to the termination of the siding contracts. Since then, the wagon keepers have themselves been responsible for their wagons and have cleaned up the legacy from SBB.

Wagon keepers are liable for deficiencies on their wagons
With his comments on SRF Tagesschau, the BAV spokesperson gave the impression that private freight railway undertakings or wagon keepers are not liable for accident damage. This is not true. European and Swiss freight railway undertakings and wagon keepers have been liable since 2006, when the GCU was established, and these rules were further intensified in 2017. Today, freight railway undertakings are fundamentally liable for damages from accidents involving freight trains on the Swiss rail network regardless of their own culpability (strict liability). If the damages were caused by deficiencies on a third-party wagon, culpability is contractually assumed to lie with the respective wagon keeper. The freight railway undertaking involved can take recourse against the wagon keeper. The latter can only free itself from liability with respect to the freight railway undertaking by proving it was not at fault (reversal of the burden of proof). You can read more about this in our blog post “Gotthard Base Tunnel (#3): Current liability provisions are sufficient”.

Federal Council did not propose any legal changes
SRF news editor Christoph Leisibach stated that the Federal Council issued a report proposing measures for adapting the liability law, such as by increasing the liability of the wagon keepers. This statement is incorrect. In the BAV report from 21 June 2023 addressing postulate 20.4259 “Overall assessment of liability in rail freight transport”, the Federal Council presented options but explicitly declined a modification of the regulations.

Contractual provisions are public
Professor Frédéric Krauskopf was consulted by SRF Tagesschau as an expert. When asked whether SBB Cargo could assert (co-)liability on the part of the wagon keeper of the damaged wagon, Krauskopf referred to the contract between the two parties. As explained above, the relevant contract is the GCU. This contract is publicly available; in other words, it is also accessible to professors and public television networks. The GCU was adopted unanimously by SBB Cargo along with all other national railways in Europe.

Responsibility must be assigned based on the Sust report

We at VAP are intensively examining the question of who bears what fault for the freight train accident on 10 August 2023 and who must accept liability. This can only be answered precisely and within a reasonable timeframe after the Sust report is available.

Current liability rules are economically balanced
The wagon keepers must ensure that their wagons are approved and maintained according to the correspondingly applicable laws, regulations and binding standards. The freight railway undertakings accept the wagons in the trust that the wagon keeper has lived up to these obligations. They carry out all necessary inspections to ensure that the train can travel safely. The wagon keepers have no influence on the train departure. The freight railway undertakings independently decide on the type and manner of the inspections since they are also solely responsible for the operation of the train. It therefore makes economic sense for the freight railway undertakings to be primarily liable for their inspections prior to train departure and for possible consequences. If it is later determined that a deficiency on a wagon was the cause of the damage (such as in the case of wheel failure), the wagon keeper is liable to the freight railway undertaking for the resulting damages. This is the case unless the wagon keeper can prove that it is not responsible for the deficiency (reversal of the burden of proof). In road transport, the liability between the keeper of the tractor vehicle and the keeper of the trailer is regulated in exactly the same way.

Negative consequences of legal changes must be considered
An intensification of the already highly detailed liability provisions will not make rail freight any safer nor will it bring a single additional freight train onto the rail network. On the contrary. Whatever might be changed in the liability rules would have market consequences, such as in the form of higher leasing rates for freight wagons and, above all, more complicated and labour-intensive wagon handoffs from one area of responsibility to the next. This means that a poorly conceived, unilateral change in Swiss law could bring a sudden stop to the free access to 550,000 freight wagons from all over Europe that is guaranteed today by the GCU – to the detriment of the environment as well as the Swiss economy.

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Accor­ding to the main edi­ti­on of the SRF Tages­schau news pro­gram­me from 27 August 2023, the Fede­ral Office of Trans­port (BAV) views SBB Cargo as sole­ly lia­ble for the con­se­quen­ces of the freight train acci­dent in the Gott­hard Base Tun­nel. The...
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Gotthard Base Tunnel (#4): Safety-critical components of freight wagons

Gotthard Base Tunnel (#4): Safety-critical components of freight wagons

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The publicly published information on the freight train derailment in the Gotthard Base Tunnel indicates a broken wheel on the derailed train. Overloading or material defects are under consideration as possible causes of the failure. What actually happened remains a matter for the ongoing investigations of the Swiss Transportation Safety Investigation Board (Sust).

Topics discussed:

  • How are safety-critical components manufactured?
  • How are they approved and put into operation?
  • How are they maintained?
  • What significance does monitoring have in daily operations?
  • Which monitoring possibilities exist?
  • Uniform rules enable safe cooperation between the actors
  • Outlook for digital automatic coupling (DAC)

How are safety-critical components manufactured?
Safety-relevant and safety-critical components such as wheel pans are designed so as to perform their task over the planned period of use under the prevailing conditions of operation and use and thereby to ensure safe travel. The manufacturing firms make use of internationally recognised standards to accomplish this:

  • Technical Specifications for Interoperability (TSI) establish fundamental requirements.
  • European Standards (EN) define the specific properties.
  • Manufacturers employ harmonised and standardised safety methods for development and testing.
  • Standardised safety verifications and assessments document the safety and usability.

The international experiences from incidents and accidents continuously enter into the development of the standards and TSI.

How are they approved and put into operation?
Bringing safety-critical components onto the market requires an internationally standardised approval from the European Agency for Railways (ERA) or a national safety authority. This consists of:

  • Type approvals for components or vehicles
  • Conformity verifications for identical serial parts or vehicles
  • CE mark (Conformité Européenne) for a component that satisfies the applicable EU directives
  • Operating authorisation for a vehicle in compliance with the rules

The certification that components were manufactured according to the requirements of standards and TSI is issued by so-called “notified bodies”, in other words state-authorised agencies. These inspect and evaluate whether the manufactured products conform to the rules.

How are they maintained?
The manufacturer is obliged to define and publish the applicable maintenance requirements for all components or vehicles. Wagon keepers must implement these manufacturer requirements in accordance with the conditions of use. They appoint certified entities in charge of maintenance (ECMs) for their rolling stock. The latter in turn establish maintenance requirements for the vehicles assigned to them in consideration of their own knowledge and industry expertise. They also plan regular work, carry it out and document the results. Every wagon approved for operation must be registered in an official vehicle registry, including the name of the wagon keeper and the ECM.

What significance does monitoring have in daily operations?
The railway undertakings (RUs) are responsible for the safe travel, preparation, dispatching and other safety aspects of their trains. They define the inspections and tests for ensuring that every trip can be completed safely. To determine this operational suitability, trained employees carry out defined visual inspections before departure. This extremely demanding work takes place at all times of day and in all weather. During the train dispatching and the associated inspections and tests, safety-critical components are also afforded special attention.

Which monitoring possibilities exist?
The wagon keepers are responsible for the proper maintenance of their vehicles. Safety-relevant and safety-critical components are regularly inspected, such as with ultrasound measurements. Safety-critical components are subject not only to strict inspections but also special obligations with regard to labelling, maintenance and traceability of the measures. The RUs can demand wagon-specific information from the wagon keepers.

On the Swiss standard gauge network, the infrastructure operators currently maintain over 250 wayside train monitoring systems. These monitor every vehicle as it passes by for irregularities and can trigger alarms in the event of unacceptable deviations. In this case, the respective train is immediately stopped and inspected.

Uniform rules enable safe cooperation between the actors
A variety of different companies all work together in railway operations. Every actor must be able to depend on the reliability of the others at the points where they interface together. Their tasks and responsibilities are clearly and uniformly regulated at the international level. Harmonised regulations for manufacture, operation and maintenance ensure safe rail transport (for more on the regulations governing the international cooperation, check back on this blog again soon).

Outlook for digital automatic coupling (DAC)
Besides implementation of the applicable requirements by every actor participating in rail transport, new technologies are now coming to the fore. Automation and digitalisation can do more than simply make operating processes more efficient. They also open up new opportunities for operational monitoring of safety-relevant and safety-critical components in freight trains. The ongoing digital recording of the condition of these components offers an attractive opportunity to the responsible parties. By digitally tracking processes of wear and ageing processes on each individual vehicle, it is possible to efficiently plan maintenance work according to the actual needs. Faulty components can be identified and replaced before a total failure. If a component failure occurs during travel, this can immediately trigger an alarm.

To make use of this innovation in freight transport, the wagons require sensor systems, electrical energy and data communication with the train driver, the systems of the wagon keepers and the ECMs. These prerequisites will be met with the planned Europe-wide introduction of DAC (see the blog post “Data ecosystems: Sharing data to double its added value”). In this way, automation and digitalisation are transforming conventional rail freight operations into an intelligent, efficient, resilient and safe mode of transport.

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The publicly published infor­ma­ti­on on the freight train derailm­ent in the Gott­hard Base Tun­nel indi­ca­tes a bro­ken wheel on the derai­led train. Over­loa­ding or mate­ri­al defects are under con­side­ra­ti­on as pos­si­ble cau­ses of the fail­ure. What...
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Gotthard Base Tunnel (#3): Current liability provisions are sufficient

Gotthard Base Tunnel (#3): Current liability provisions are sufficient

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The freight train accident in the Gotthard Base Tunnel has brought up liability questions that were already on the agenda of the Federal Council. In its session on 21 June 2023, the Federal Council issued a report on possible actions to intensify the liability provisions in rail freight transport. Read on to learn what these look like and what we think of them.

Topics discussed:

  • Railway undertakings (RUs) are liable independent of culpability
  • The Federal Council proposes four possible actions – with pros and cons
  • We believe: Responsibilities and controls are sufficiently regulated
  • Actors will live up to their responsibilities even without new provisions

Railway undertakings (RUs) are liable independent of culpability
The status quo is that RUs are fundamentally liable for damages from accidents involving freight trains on the Swiss rail network regardless of their own culpability. This is referred to as strict liability. However, this does not apply if the damage was caused due to deficiencies in a third-party wagon. In that case, culpability is contractually assumed to lie with the respective wagon keeper. The keeper can only free itself of this liability by proving it was not at fault. In legal jargon, this is termed a reversal of the burden of proof.

The Federal Council proposes four possible actions – with pros and cons
In its report from 21 June 2023, the Federal Council was complying with postulate 20.4259 “Overall assessment of liability in rail freight transport”. This was established by means of motion 20.3084 «Clarifying liability rules in rail freight transport” from Frédéric Borloz (see VAP blog post “Motion Borloz”). Within the framework of the overall assessment, the Federal Council presented four possible actions to the Parliament:

  1. Expanding the strict liability of the RUs to also include cases in which the characteristic risk of rail operations was not a causal factor. This would raise the minimum insurance coverage of the RUs.
  2. Oblige the RUs to conclude sufficient liability insurance to also cover damages from the transport of hazardous goods. This would not expand the strict liability of either the RUs or the wagon keepers.
  3. Introduce fault-independent liability on the part of the wagon keepers for damages that were verifiably caused – in whole or in part – by their vehicles or their cargo, e.g. in the event of leaked hazardous goods from a parked wagon. This would oblige the wagon keepers to conclude sufficient liability insurance for such cases.
  4. Keep the current regulations.

The Federal Council notes that each option features pros and cons. The Council sees no urgent need for regulation in this regard. Nevertheless, it is willing to look more deeply into specific variants at the request of the Parliament.

We believe: Responsibilities and controls are sufficiently regulated
As a shipping sector association, we are of the view that the responsibilities and controls are already regulated sufficiently clearly by international law and contracts. The current 2017 version of the “General Contract of Use for Wagons (GCU)”, which constitutes the international shipping provisions in force between over 750 RUs and the wagon keepers, already satisfies option 3 presented by the Federal Council of increased liability on the part of the wagon keepers. According to the GCU, wagon keepers are liable for deficiencies on their wagons if they cannot prove an absence of fault.

Actors will live up to their responsibilities even without new provisions
Wagon keepers who belong to our association maintain extensive insurance coverage under the current liability regime since they are responsible for the maintenance of their wagons. The introduction of an additional legal insurance obligation or strict liability for wagons operating in Switzerland would massively impede the free use of foreign wagons (both private wagons and those of RUs). This would entail a huge loss of flexibility in international freight transport both for import/export and – in particular – for transit. We will continue to follow this topic closely and report on current developments.

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The freight train acci­dent in the Gott­hard Base Tun­nel has brought up lia­bi­li­ty ques­ti­ons that were alre­a­dy on the agen­da of the Fede­ral Coun­cil. In its ses­si­on on 21 June 2023, the Fede­ral Coun­cil issued a report on pos­si­ble actions to inten­si­fy...
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Gotthard Base Tunnel (#2): Automatic wayside train monitoring systems

Gotthard Base Tunnel (#2): Automatic wayside train monitoring systems

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On 10 August 2023, a freight train derailed in the Gotthard Base Tunnel. A few minutes before entering the tunnel through the south portal, the train was inspected by automatic wayside train monitoring systems (WTMSs). According to the monitoring data, the train travelled into the tunnel without problems.

Topics discussed:

  • What are wayside train monitoring systems (WTMSs)?
  • What are WTMSs capable of?
  • What is the process for improving WTMSs?
  • Digital automatic coupling (DAC) and the future

What are wayside train monitoring systems (WTMSs)?
Wayside train monitoring systems (WTMSs) are part of the railway infrastructure and are used at strategically favourable locations within the network. They use sensors and other technologies to inspect every single vehicle of the train as it passes through. The data acquired in this way are processed and used in daily railway operations to ensure safety, improve punctuality and reduce maintenance.

What are WTMSs capable of?
The original purpose was aimed at protecting the infrastructure to reduce disruptions and damage as well as increase the safety of rail operations.
• Detecting hot boxes
• Detecting wheel treads
• Inspecting pantographs
• Preventing fires and chemical incidents
• Measuring axle weight
• Protecting the structure gauge
• Detecting natural events
• And more
On the north-south axis and on the east-west axis, over 10,000 trains are dynamically monitored by over 250 WTMSs every day. A good 20 alarms are triggered each day, on average.

What is the process for improving WTMSs?
In the innovation project “Wayside Intelligence (WIN)”, which is supported with public funds from the Federal Office of Transport (BAV), SBB Infrastructure is working to further improve the monitoring structure. In addition to the sensor data, new image data are collected, and individual vehicles are identified with the help of radio frequency identification (RFID). The data are analysed algorithmically, aggregated and supplied to the users for specific applications via standardised data exchange interfaces. These advancements aim at improving maintenance by referencing the current condition of the vehicle. At the same time, they enable a simplification of the maintenance processes through artificial intelligence and automation. The project has already made significant progress and may lead to increased safety and availability for both the network and the vehicles.

DAC and the future
With the introduction of DAC (Digital Automatic Coupling), the vehicles lined up into trains are connected together by a data line. This means that the infrastructure provider has minute-by-minute information about which vehicles are travelling its network and in which train. Thanks to this train integrity, the data from the WTMSs can be made available more quickly and reliably. To learn more about DAC and the data ecosystem, read our blog post “Data ecosystems: Sharing data to double its added value”. The extent to which DAC might help to prevent train accidents such as the one in the Gotthard Base Tunnel is discussed by VAP rail freight expert Jürgen Maier in an interview with “10 vor 10”.

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On 10 August 2023, a freight train derai­led in the Gott­hard Base Tun­nel. A few minu­tes befo­re ente­ring the tun­nel through the south por­tal, the train was inspec­ted by auto­ma­tic way­si­de train moni­to­ring sys­tems (WTMSs). Accor­ding to the moni­to­ring...
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Gotthard Base Tunnel (#1): Committed to a comprehensive investigation

Gotthard Base Tunnel (#1): Committed to a comprehensive investigation

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On 10 August 2023, a freight train derailed in the Gotthard Base Tunnel. The Swiss Transportation Safety Investigation Board (Sust) believes the likely cause was the failure of a wheel. We at VAP will investigate the event systematically from a risk-oriented perspective.

Topics discussed:

  • Emergency concept functioning, supply ensured
  • Proven responsibility triangle
  • Safety standards complied with
  • Legal relationships comprehensively regulated
  • Breakages are rare but cannot be ruled out
  • Continued pursuit of the modal shift goal

Emergency concepts functioning
Thanks to further improvements to emergency concepts, the key actors responded quickly and appropriately after the accident: The supply of goods is secured, freight and passenger rail cars are on the move again. The emergency concepts of the freight railway undertakings for routing detour traffic along the transit corridor have proven themselves. The lessons from Rastatt have been learned, the industry is prepared for emergencies.

Proven responsibility triangle
The rail freight system is based on cooperation carried out on equal footing between infrastructure providers (for the Gotthard Base Tunnel: SBB) and freight railway undertakings as well as other actors such as wagon keepers, who potentially influence the safe operation of the railway system. All involved have advanced safety systems and implement the same European regulations at the interfaces between the various actors.

Safety standards complied with
According to current information, all actors complied with the applicable safety standards and methods. The last inspection for trains driving through the south portal into the Gotthard Base Tunnel takes place at Claro (TI) by automatic wayside train monitoring systems. According to the available data, the derailed train travelled into the tunnel without problems. The wagon keepers and their entities in charge of maintenance (ECMs) are responsible for the maintenance and safe operating condition of the wagons upon handover to the freight railway undertakings. The ECM, which is certified by independent bodies, defines maintenance measures and ensures their implementation and documentation according to safety standards and methods.

Legal relationships comprehensively regulated
Wagon keepers make their wagons available to freight railway undertakings to use. The freight railway undertakings in turn make use of the networks of the infrastructure providers. All usage relationships are uniformly regulated by contract in Switzerland and internationally. Regarding the relationship between freight railway undertakings and wagon keepers, the Swiss Carriage of Goods Act (GüTG) refers in Art. 20 to the Convention concerning International Carriage by Rail (COTIF). On the basis of this international convention, over 770 freight railway undertakings and wagon keepers in Europe additionally established the General Contract of Use for Wagons (GCU), a multilateral contract in effect since 2006 that regulates in detail the legal relationship between wagon keepers and railway undertakings.

Breakages are rare – but cannot be ruled out
How the derailment occurred is not yet clear and is under continued investigation by the Sust (Swiss Transportation Safety Investigation Board). As the accident investigation continues, it remains necessary to clarify the cause in addition to questions of liability and responsibility as well as the current safety measures. Breakages on wheel occur very rarely. In this case, both an external influence as well as material fatigue are possibilities. Breakages on critical operating components such as rails or wheel are extremely difficult to predict and have diverse causes. Preventive maintenance of these components with regular inspections is standard, but these measures can reach their limits. In Switzerland, train/wagon inspections by freight railway undertakings and the infrastructure operators as well as inspections by over 250 wayside train monitoring systems are firmly and comprehensively established.

Continued pursuit of the modal shift goal
Everyone understands how far-reaching the impacts of such an event can be on the entire transportation system and how high the damages can be. This is why our industry working group “IG Sicherheit” [IG Safety] engages in close cooperation with all relevant actors in the railway sector within the framework of our annual process for sharing experiences between ECMs as well as in collaboration with the Federal Office of Transport (BAV) in order to continuously improve the state of technology and raise the already very high safety level even higher. We urge that the questions and measures on the agenda be considered in the light of the Sust report. Only this way can the danger of another accident be further reduced while simultaneously continuing to pursue the constitutionally established modal shift goal for freight traffic crossing the Alps. It is therefore all the more important for the Gotthard Base Tunnel to be open for traffic again as soon as possible – especially considering that the Italian economy is poised to pick back up again after its summer pause. Otherwise, the alternative of utilising the available and flexible road transport options will be unavoidable. Accordingly, we offer our assistance and that of our members and industry partners in efficiently organising the detour traffic and reshaping its composition.

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On 10 August 2023, a freight train derai­led in the Gott­hard Base Tun­nel. The Swiss Trans­por­ta­ti­on Safe­ty Inves­ti­ga­ti­on Board (Sust) belie­ves the likely cause was the fail­ure of a wheel. We at VAP will inves­ti­ga­te the event sys­te­ma­ti­cal­ly from a...
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EU aid: walking a tightrope between protecting the climate and distorting competition

EU aid: walking a tightrope between protecting the climate and distorting competition

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In wagonload traffic (TWCI) within the European Union (EU), we are witnessing a development that is more political than market-oriented. The EU is promoting the transfer of freight transport to climate-friendly modes of transport such as rail and inland waterway with various programmes and funds, and in principle this is to be welcomed.
The public freight companies, supported by the unions, describe the TWCI as a «public service». However, it is not they who bear the consequences, but the States and shippers. In fact, the subsidies redistributed by the EU at taxpayers' expense mean that the TWCI is heavily subsidised, with no incentive to increase productivity in the interests of sustainable development. This means that the TWCI is using taxpayers', society's and the economy's money to cement a monopoly devoid of any public service obligations such as the obligation to carry or the obligation to publish tariffs.
This lack of market orientation and entrepreneurial spirit on the part of the public railways and the unions will not help to achieve either the traffic transfer objectives or the climate objectives. What's more, as owners of the state-owned railways, governments are taking a long-term, imponderable financial and transport policy risk with regard to security of supply in their countries.
The consequences for shippers are no less serious. To achieve multimodal transport, shippers have to invest in the rail system, while they are dependent on a monopolistic company that is itself financially dependent and managed by political control. This is hardly security of supply and investment.
Subsidies must be used in a targeted and time-limited way to safeguard jobs in the long term and put TWCI on the road to success.
In this blog post, we take a close look at public subsidies in Germany, France, Austria and Switzerland from the perspective of their purpose and scale, and address the issue of conflicts of interest and the necessities involved.

What is at stake?

  • State aid aims to establish sustainable and viable mobility.
  • However, it can give rise to distortions of competition and discrimination.
  • State financial aid must be used to ensure the transition to financial autonomy.
  • Market players specifically need financial support for innovations such as DAC.
  • The bodies granting the aid should check its effectiveness and any breaches of the rules on subsidies.
  • If necessary, the law should be amended.

The European Commission provides financial support for the transfer of freight from road to more environmentally friendly modes of transport, such as inland waterways and rail. It provides financial aid in line with EU guidelines on State aid. The objective of this EU aid is sustainable and intelligent mobility, which in turn is supposed to help reduce CO2 emissions and relieve road congestion as part of the Green Pact for Europe. As is often the case with public funding, in the freight transport sector it is also necessary to ensure that competition in the internal market is not distorted and that self-financing and transparency are achieved.

Comparison of deficit financing in wagonload traffic
Country
Subsidy programme and benefits
Amount of subsidy
Period
Germany

Temporary, non-discriminatory and growth-oriented subsidy of operating costs (BK-EWV)

This grant from the German Federal Ministry of Digital Affairs and Transport is intended as a transitional measure to increase the profitability of the TWCI through the deployment of digital automatic coupling (DAC). The Ministry's aim is to support Federal and non-Federal railway undertakings in national and cross-border transport within the framework of a TWCI system description to be provided. Details of the BK-EWV programme are expected in July.

80 million euros

100 million euros

100 million euros

2023

2024

2025

France

Support for wagonload traffic transport services

The purpose of direct subsidies is to compensate rail companies for the difference in cost between road and rail transport. The beneficiaries are rail companies active in the TWCI sector.

450 million euros, i.e.

150 million euros per year

2023-2025
Austria

«SGV-Plus» (TFM Plus)

This subsidy programme helps rail transport companies to carry goods by rail that would otherwise have to be transported largely by road, by lorry. SGV-Plus consists of support for rail freight services and a subsidy for the infrastructure usage charge.

Subsidies for connections and terminals

The state helps companies to transport their goods sustainably by rail through measures such as these:

  • Construction, extension and reactivation of sidings and terminals
  • Investment in existing sidings
  • Investments in existing mobile transhipment equipment in the terminal area

Approx. 90 million euros

 

 

 

 

13 million euros per year

2023-2027

 

 

 

 

From 2023 onwards

Switzerland

Improving the framework conditions for freight transport in Switzerland

The Federal Council is planning subsidy programmes with the following benefits:

  • Financial compensation for TWCI providers
  • Initial funding for the launch of the DAC
  • Financial support for transhipment equipment and infrastructure services on the Rhine.
  • Reduce the price of rail freight

CHF 600 million, i.e.

CHF 150 million per year

2024-2027
 
Limited relevance of the comparison

The subsidies mentioned in the table above are expressed in absolute figures. This makes them difficult to compare, in the absence of a reference amount. For example, SNCF (France) achieves several times the number of tonne-kilometres travelled by SBB, but receives considerably less money in comparison. Unlike the countries of the European Union, in Switzerland the total amount of subsidies also includes the migration to DAC. It is precisely because most countries have numerous sources of funding at their disposal at the same time that it is extremely difficult to compare subsidies in a meaningful way.

Conflict of interest between climate protection and competition

Governments mainly use their subsidies to encourage the transfer of traffic to sustainable modes of transport. The ultimate objective entails the risk of distorting the competitiveness of rail freight. If rail freight is to remain viable not only ecologically, but also economically, those responsible must aim for an autonomous, market-oriented rail freight system that integrates all rail freight companies without discrimination on the basis of intramodal competition, and is a reliable partner for shippers. Switzerland has set itself the goal of self-financing, and is well on the way to achieving it.

Guaranteeing non-discrimination

Wherever public and private players in the market come together, the accusation of discrimination quickly arises. A classic example is last-mile subsidies. This is the subject of heated debate both internationally and in Switzerland (see RailBusiness no. 6 and 7/2023). In our blog article entitled «Outsourcing the last mile and making it non-discriminatory», we outline the form that a non-discriminatory last mile could take in Switzerland. We recommend that management of the system should no longer be entrusted to a single major operator - as is currently the case with SBB Cargo - and propose that instead, the first and last kilometre services should be provided by a single service provider. Ideally, this would be the infrastructure operator, which, apart from this, does not provide any transport services. In our blog article entitled «Subsidising wagonload traffic: preventing distortion of competition and discrimination», you will find a more detailed explanation of why non-discrimination is paramount when it comes to State aid.

In Germany, the Verband deutscher Verkehrsunternehmen (VDV) and Die Güterbahnen (The Freight Railways) are calling for non-discriminatory subsidies for service routes between the customer's loading point and the last functional train consist. Appropriate regulations will ensure that the subsidy reaches particularly underserved and unprofitable regions, as well as new traffic, in order to attract rail transport to these areas as well.

Financial support for innovation

In our view, state funding should be a transitional measure designed to last until the players manage to finance themselves. This approach is particularly important for innovations such as the migration to DAC and the associated digitalisation of rail freight. Wagon owners cannot benefit directly from DAC, but have to make huge investments in re-equipping their rolling stock. To find out why we are in favour of up-front funding for the DAC, which paves the way for a new era of rail, rather than the ongoing subsidisation of an obsolete system, read our blog post entitled «Innovation in rail transport: DAC as a pioneer».

Rethinking the rail system

If the benefits of digitalisation are to be realised in rail freight transport, we need more than the DAC. What is needed is a fundamental transformation and optimisation of cross-system processes. Only in this way will market players be able to increase productivity, reduce costs and systematically adopt a customer focus in order to remain competitive by rail. This requires a new holistic approach to the entire rail system. This goes far beyond the (initial) financing of the TWCI or DAC. It concerns all the processes, incentive instruments, market mechanisms and interfaces of multimodal freight logistics in Switzerland.

Creating transparency through monitoring

If public funds are to be used in a targeted way, the objectives to be achieved with this support must be clearly defined. As is customary in the private sector, this means checking against measurable parameters, such as «how many DACs will be implemented by 2025 for how much money», «how many tracks have been built» or «how many lorry loads have been put on rail». The measurability of a success rate enables the players involved to adapt their strategy accordingly.

Preventing abuses of EU state aid guidelines

In 2020, Deutsche Bahn was accused of massive market distortion, as it was to receive a €5 billion increase in equity from the state as a result of the COVID-19 crisis. At the beginning of 2023, the European Commission launched an investigation into possible illegal state aid of between ten and twenty billion euros paid to the Freight sector of the state-owned railway company SNCF. These recent examples show that public aid always carries a risk of abuse. It is all the more important for governments to create the same conditions of competition for all and, if necessary, to refine the legal framework a posteriori.[1]

Refining the guidelines a posteriori

The European guidelines for the rail sector are an example of such a review. The European Commission has proposed revising them in order to shift traffic to more sustainable and less polluting solutions while maintaining a level playing field within the European Union. The consultation of Member States on the promotion of transparent and non-discriminatory programmes, the limitation of individual aid to exceptional cases and the modification of the aid ceiling ended on 16 March 2022. The majority of respondents favoured the promotion of programmes offering equal opportunities to all companies and the granting of individual aid only in exceptional cases. The European Commission plans to approve the revision of the State aid guidelines applicable to the rail transport sector in the 4th quarter of 2023.

[1]  See article published in DVZ on 30.05.2023 (in German)

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Data ecosystems: Sharing data to double its added value

Data ecosystems: Sharing data to double its added value

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We at the VAP have been working more intensively on the topic of data ecosystems for some time. In 2022, we initiated the development of a data platform at the Coordination Unit for Sustainable Mobility (KOMO) and are pushing ahead with the further development of the Mobility Data Infrastructure (MODI). With this blog post, we would like to continue the dialogue and show why data ecosystems should be part of the vision of all freight railway actors.

Here's why:

  • Complexity sets the bar high
  • Small steps to the big vision
  • Exploiting the inexhaustible potential of data
  • We should stay in the conversation

 

Complexity sets the bar high

Data ecosystems are highly complex and encompass diverse subject areas (see Figure 1). If they are to be made usable and economically viable, we must take into account all the wishes and needs of the actors as well as any restrictions.

[caption id="attachment_14823" align="alignnone" width="800"] Figure 1: The vision of digital and operational interconnectivity covers highly challenging topics[/caption]

On the occasion of our Freight 2023 Forum, Dr Matthias Prandtstetter, Senior Scientist and Thematic Coordinator at the AIT Austrian Institute of Technology AIT, and Monika Zosso Lundsgaard-Hansen, Co-Section Head Directorate Operations at the BAV, provided insights on the current status of initiatives and considerations. The experts agree: progress in the rail sector will be a long and difficult affair.

In small steps to the big vision

The target image of an intelligent and possibly self-deciding data ecosystem could be realised through the following development phases as examples (not exhaustive):

1. provide basic data (e.g. with MODI)

  • Guaranteed quality
  • "Uniqueness" of the data set (i.e. clear definitions)
  • Accessibility/transparency for all those involved
  • Market-based development of apps and extended functionalities possible

2. activate hub for exchange of data (e.g. DX Intermodal by Hupac)

  • Exchange between 2 or more companies operating on the hub
  • Additional data sets (with or without restrictions for individual actors/companies)
  • Booking possibilities for individual or entire relations

3. create data ecosystem

  • Ensure access to historical data for initial analysis possibilities
  • Connect databases (basic data and/or data sets available with restrictions)

4. use blockchain technology

  • Data and data sets are optimally networked
  • Absolute cost and price transparency
  • Increased security in data exchange
  • More efficient overall development and processing

5. realise the vision of a physical internet

  • Open global system based on physical, digital and operational interconnectivity
  • Applies protocols, interfaces and modularisation
  • Certain decisions are made by the ecosystem - not by individual players

Currently, the rail sector is in phase 1 and 2, even if only selectively. With the Federal Act on Mobility Data Infrastructure (MODIG), the FOT is addressing all relevant topics. DX Intermodal is already operational in combined transport (CT) and takes up points from phase 2. An overall benefit for rail freight logistics can only be achieved if all forms of freight transport production and the entire transport chain ("door-to-door") are taken into account. To this end, elements of artificial intelligence must be integrated.

Exploiting the inexhaustible potential of data

Big Data has transformed from hype to megatrend; the potential of collected data is almost infinite. This enables disruptive, innovative, digital business models and better predictions for correct business decisions. However, this only applies to data that is available in the right quality and granularity. In addition, the actors must be able to extract the right information and thus the desired knowledge from the data and to interpret and use it correctly. This poses a number of challenges for the ecosystem partners:

System benefit vs. self-benefit

Some companies already have in-house data systems. They collect data from devices on locomotives and wagons and use it for optimisation or pass it on to third parties. This gives them a competitive advantage and additional sources of revenue. Why should such companies participate in data ecosystems? Because optimising their own system does not necessarily serve the system as a whole or the end customer. If, for example, various individual players sell the same data to third parties for a fee, the system becomes more expensive because money flows for each data transfer. In addition, individual actors can combine their data sets within the framework of a data ecosystem and thus promote the efficiency of the entire system, for example the estimated time of departure or arrival. In this context, questions of data sovereignty need to be clarified.

Obligation vs. voluntariness

The state is and remains the biggest financial backer of the rail system. It should have an interest in relieving its own coffers and thus the taxpayers. The provision of non-profit data can improve efficiency. Again, questions remain: Should ecosystem partners be obliged to provide datasets? Should it be possible in a data ecosystem to offset previous, individual investments or to contrast subsidies received? Or should participation in a data ecosystem remain voluntary, with the risk that too few participants feed the platform with data?

Data vs. data

Not every data element is equal for a data ecosystem. Thus, it must be clearly defined from the beginning with which goal and overall benefit an actor should deposit its data elements on a data platform. In addition, a distinction must be made between operational, technical and commercial data in order to avoid emotional discussions. Finally, the quality ensured by the data owner or a newly created quality body determines the credibility and sustainability of a data ecosystem.

We should stay in the conversation

We at the VAP want to make the potential of data ecosystems available to the entire rail sector and increase its competitiveness. That is why we are committed to various initiatives, research projects and established products in this context, namely the following:

  • Further development of the mobility data infrastructure MODI, together with the BAV.
  • Common European Mobility Data Space (EMDS), an EU initiative
  • Logistics Working Group (AKL), in which we have taken over the leadership

 

If you too would like to help shape the digital future of the rail sector, Jürgen Maier looks forward to hearing from you.

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We at the VAP have been working more inten­si­ve­ly on the topic of data eco­sys­tems for some time. In 2022, we initia­ted the deve­lo­p­ment of a data plat­form at the Coor­di­na­ti­on Unit for Sus­tainable Mobi­li­ty (KOMO) and are pushing ahead with the fur­ther...
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