OPERATIONS

We repre­sent the freight stake­hol­ders and in this chap­ter we focus on the use of infra­struc­tu­re, i.e. trans­port. We advo­ca­te free ope­ra­ti­on on the last mile. In favour of fair com­pe­ti­ti­on, we want to use the strength of all modes of trans­port and com­bi­ne them opti­mal­ly. Becau­se in this way, the route beco­mes shorter – and more eco­no­mic­al – for each individual.

 

Actors in the field of operation

Freight rail­way undertakings

Manufacturer/holder of rol­ling stock (pri­va­te wagon ren­tal companies)

Ope­ra­tors

Time­ta­bles (Swiss capa­ci­ty allo­ca­ti­on body TVS)

The VAP pro­vi­des auxi­lia­ry means to its mem­bers. We pro­vi­de sup­port with legal and admi­nis­tra­ti­ve tasks. Cont­act us direct­ly for cla­ri­fi­ca­ti­on, advice or audit support.

Freight railway undertakings in Switzerland

DB Cargo GATX  Hupac rail­Ca­re
 
SRT swiss rail traffic TR Trans Rail WRS  
DB Cargo GATX  Hupac
SRT swiss rail traffic TR Trans Rail WRS
   
rail­Ca­re    

Freight railway wagon rental companies in Europe

VTG was­co­sa erme­wa Grou­pe Millet
MFD Rail Logo      
MFD Rail
     
VTG was­co­sa erme­wa
MFD Rail Logo  
Grou­pe Millet MFD Rail

Shippers (examples)

Holcim Logo
Die Post Hol­cim Pan­log Has­tag
Holcim Logo
Die Post Hol­cim Pan­log
   
Has­tag    
Gotthard Base Tunnel (#8): Safety and control tasks clearly distributed

Gotthard Base Tunnel (#8): Safety and control tasks clearly distributed

The Swiss Safe­ty Inves­ti­ga­ti­on Aut­ho­ri­ty (Sust) names a bro­ken wheel disc as the cause of the freight train acci­dent in the Gott­hard Base Tun­nel. In the news report from 19 Octo­ber 2023, Swiss tele­vi­si­on SRF took a close look at the main­ten­an­ce of freight wagon wheels. VAP expert Jürg Lüt­scher comm­ents on the safe­ty and con­trol tasks of the play­ers invol­ved – and explains them fur­ther in this blog post.

This is what it’s all about:

  • Har­mo­nis­ed safe­ty in the Euro­pean rail freight system
  • Main­ten­an­ce work moni­to­red by inde­pen­dent bodies
  • Wheel­set inspec­tions in ope­ra­ti­on and maintenance
  • Two inspec­tion pro­ce­du­res established
  • Respon­si­bi­li­ties and regu­la­ti­ons clarified

 

Harmonised safety in the European rail freight system

Safe­ty in the Euro­pean rail freight sys­tem is based on a tri­ang­le of respon­si­bi­li­ty con­sis­ting of infra­struc­tu­re mana­gers, rail­way under­ta­kings (RUs) and wagon kee­pers with their respon­si­ble enti­ties in char­ge of main­ten­an­ce (ECMs). The spe­ci­fi­ca­ti­ons and regu­la­ti­ons are now lar­ge­ly har­mo­nis­ed throug­hout Euro­pe. The indus­try has deve­lo­ped the inter­na­tio­nal­ly reco­g­nis­ed VPI Euro­pean Main­ten­an­ce Guide (VPI-EMG) based on the pro­vi­si­ons of the sove­reign direc­ti­ves, the appli­ca­ble tech­ni­cal stan­dards and prac­ti­cal expe­ri­ence. The VPI Ger­ma­ny, VPI Aus­tria and VAP (Switz­er­land) asso­cia­ti­ons have been pio­nee­ring this work since 2007. In 2019, AFWP (France) and UIP (Inter­na­tio­nal Union of Wagon Kee­pers, repre­sen­ting the smal­ler natio­nal asso­cia­ti­ons) were added to the group of edi­tors of the VPI-EMG. This set of rules defi­nes both dead­lines and the scope of work and stan­dards in a user-fri­end­ly man­ner. It pro­vi­des main­ten­an­ce recom­men­da­ti­ons that each user must check for appli­ca­bi­li­ty to their freight wagons, sup­ple­ment if neces­sa­ry and appro­ve for their wagon fleet. More than 550 com­pa­nies, inclu­ding wagon kee­pers, ECMs, repair work­shops, aut­ho­ri­ties and uni­ver­si­ties, curr­ent­ly use the VPI-EMG. More than 260 repair work­shops and mobi­le ser­vice teams from 19 Euro­pean count­ries use the VPI-EMG on behalf of the rele­vant ECM.

Maintenance work monitored by independent bodies

The EU safe­ty direc­ti­ve defi­nes two inde­pen­dent pro­ce­du­res. This is to ensu­re that the spe­cia­li­sed work is car­ri­ed out ever­y­whe­re with the requi­red level of qua­li­ty and knowledge:

  • Cer­ti­fi­ca­ti­on: The com­pa­nies invol­ved must be cer­ti­fied by inde­pen­dent bodies for secu­ri­ty-rela­ted acti­vi­ties within the scope of their ECM. They must regu­lar­ly renew these cer­ti­fi­ca­tes and allow their cus­to­mers to view their vali­di­ty and scope.
  • Audi­ting: Super­vi­so­ry aut­ho­ri­ties carry out risk-based audits of safe­ty-cri­ti­cal pro­ces­ses and qua­li­ty inspec­tions in rail­way ope­ra­ti­ons. If they unco­ver weak­ne­s­ses, they also moni­tor their rectification.
Wheelset inspections in operation and maintenance

Wheel­sets are con­side­red safe­ty-cri­ti­cal com­pon­ents of a rail vehic­le. They are sub­ject to con­ti­nuous wear during ope­ra­ti­on and can also be dama­ged by exter­nal influen­ces. When main­tai­ning wagons, the ECM ensu­res that fully func­tion­al wheel­sets are used.

During ope­ra­ti­on, the RUs and the train con­trol sys­tems of the infra­struc­tu­re mana­gers (see blog post «Gott­hard Base Tun­nel (#2): Auto­ma­tic train con­trol sys­tems») spe­ci­fi­cal­ly ensu­re that no reco­g­nisable dama­ge or devia­ti­ons on wagons jeo­par­di­se ope­ra­tio­nal safe­ty. To ensu­re safe rail­way ope­ra­ti­ons, the wheel­sets must com­ply with all rele­vant limit values during the enti­re ope­ra­ting time. Wheel­sets that have been repla­ced due to devia­ti­ons or dama­ge are sent to a cer­ti­fied spe­cia­list work­shop for recon­di­tio­ning in accordance with the regulations.

Two test procedures established

The SRF news report shows two test pro­ce­du­res for sys­te­ma­tic wheel­set main­ten­an­ce. A cer­ti­fied spe­cia­list work­shop can thus ensu­re that the wheel­sets it repairs do not show any rele­vant dama­ge in the form of mate­ri­al cracks on deli­very. This invol­ves two non-des­truc­ti­ve test­ing methods in accordance with DIN 27201–7, which have beco­me estab­lished throug­hout the industry:

  • Ultra­so­nic test­ing: Detec­tion of cracks in the wheel face and flan­ge back area
  • Magne­tic test­ing: Detec­tion of cracks in the wheel cent­re and wheel­set shaft inclu­ding wheel seat
Responsibilities and regulations clarified

As many goods are trans­por­ted across bor­ders, inter­na­tio­nal­ly har­mo­nis­ed rules and pro­ce­du­res are important in Euro­pe. In recent years, the regu­la­ti­ons have been com­pre­hen­si­ve­ly updated and impro­ved. Cur­rent ver­si­ons of the EU Safe­ty and Inter­ope­ra­bi­li­ty Direc­ti­ve apply both in all EU sta­tes and – via the over­land trans­port agree­ment – to the Swiss stan­dard gauge net­work. Based on this, the Swiss rail­way sec­tor has deve­lo­ped prac­ti­cal stan­dards and main­ten­an­ce pro­ce­du­res for the main play­ers. Euro­pe-wide com­mon report­ing pro­ces­ses and assess­ment pro­ce­du­res (see blog post «Gott­hard Base Tun­nel (#7): Sust report pro­vi­des cla­ri­ty») ensu­re that indus­try play­ers learn their les­sons from an ope­ra­tio­nal inci­dent such as that of 10 August 2023 and imple­ment effec­ti­ve impro­ve­ments in maintenance.

Revision of the noise limits

Revision of the noise limits

Tha­t’s what it’s all about:

  • Silence is a pre­cious com­mo­di­ty in den­se­ly popu­la­ted and indus­tria­li­sed areas
  • Fede­ral govern­ment has issued regu­la­ti­ons on noise abatement
  • FOEN man­da­ted to review exis­ting regulations

The Con­fe­de­ra­ti­on has issued regu­la­ti­ons on noise aba­te­ment that lay down frame­work con­di­ti­ons for indus­try and trans­port in par­ti­cu­lar. The Fede­ral Office for the Envi­ron­ment (FOEN) was man­da­ted by Par­lia­ment to review the exis­ting regu­la­ti­ons. In the cur­rent year, the FOEN is con­duc­ting a com­pre­hen­si­ve eco­no­mic assess­ment (VOBU) of nine pos­si­ble mea­su­res, ana­ly­sing their noise-redu­cing effect and eco­no­mic con­se­quen­ces in con­nec­tion with traf­fic noise. The regu­la­ti­ons for the con­s­truc­tion and licen­sing of vehic­les and air­craft are to con­ti­nue to be coor­di­na­ted inter­na­tio­nal­ly. The FOEN aims to pre­sent the fin­dings trans­par­ent­ly to important repre­sen­ta­ti­ves from indus­try and the can­tons and to dis­cuss impli­ca­ti­ons with them.

The Asso­cia­ti­on of the Freight Indus­try (VAP) will be actively invol­ved and con­tri­bu­te the indus­try­’s per­spec­ti­ve. The FOEN will com­ple­te the VOBU by the end of 2023 and the Fede­ral Depart­ment of the Envi­ron­ment, Trans­port, Ener­gy and Com­mu­ni­ca­ti­ons (DETEC) will deci­de on the fur­ther pro­ce­du­re and publish this at the begin­ning of 2024. We will report on new fin­dings here.

The fol­lo­wing focal points are considered:

  • Adjus­t­ment of the limit values for road, rail and air traf­fic noise
  • Adjus­t­ment of the assess­ment peri­od (rest period)
  • Stan­dar­di­s­a­ti­on of the sen­si­ti­vi­ty levels
  • Sim­pli­fi­ca­ti­on of the noise clas­si­fi­ca­ti­on regime (rest­ric­tion of the pro­tec­tion of exis­ting buildings)
  • Dyna­mi­sa­ti­on of noise pro­tec­tion (tem­po­ra­ry relief)
  • Cla­ri­fi­ca­ti­on of mea­su­res (defi­ni­ti­on of test criteria)
  • Streng­thening trans­pa­ren­cy (dis­clo­sure of relief)
  • Streng­thening of the pol­lu­ter-pays prin­ci­ple (com­pen­sa­ti­on for advan­ce payments)
Gotthard Base Tunnel (#7): Sust report provides clarity

Gotthard Base Tunnel (#7): Sust report provides clarity

On 28 Sep­tem­ber 2023, the Swiss Safe­ty Inves­ti­ga­ti­on Aut­ho­ri­ty (Sust) published its inte­rim report on the derailm­ent of the freight train in the Gott­hard Base Tun­nel. It docu­ments the cour­se of the acci­dent and makes initi­al safe­ty recom­men­da­ti­ons. The event is now being pro­ces­sed by the respon­si­ble inter­na­tio­nal com­mit­tees. Both the Euro­pean rail­way indus­try and Switz­er­land are repre­sen­ted here. The report should not be misu­s­ed for a natio­nal solo action.

This is what it’s all about:

  • Fati­gue cracks cau­sed wheel breakage
  • Fur­ther inves­ti­ga­ti­on is well coordinated
  • Con­se­quen­ti­al initi­al safe­ty recommendations
  • Acci­dent cla­ri­fied – but not yet com­ple­te­ly solved

 

Fatigue cracks caused wheel breakage

For­t­u­na­te­ly, Sust sub­mit­ted its inte­rim report very quick­ly. In it, it iden­ti­fies the bro­ken wheel disc of the ele­venth freight wagon as the cause of the derailm­ent in the Gott­hard Base Tun­nel. The wagon is regis­tered in Swe­den. The dama­ged wheel is wheel type BA 390 with LL brake pads. All the frac­tu­red sur­faces show fati­gue cracks ori­gi­na­ting from the tread. They are now the sub­ject of in-depth metall­o­gra­phic exami­na­ti­ons by Sust. The Sust report con­ta­ins no evi­dence of pre-exis­ting ope­ra­tio­nal defects that could have cau­sed derailment.

Further investigation is well coordinated

The inci­dent is now being dealt with by the Joint Net­work Secre­ta­ri­at (JNS). The aim of this body is an EU-wide har­mo­ni­sa­ti­on of all mea­su­res taken after an acci­dent or inci­dent in Euro­pean rail trans­port. The JNS sup­ports the Euro­pean Rail­way Agen­cy (ERA) in orga­ni­s­ing the exch­an­ge of expe­ri­ence bet­ween natio­nal super­vi­so­ry and inves­ti­ga­ti­ve aut­ho­ri­ties and the indus­try orga­ni­sa­ti­ons accre­di­ted by ERA. The lat­ter also include the three play­ers in the tri­ang­le of respon­si­bi­li­ty for rail trans­port: the infra­struc­tu­re mana­ger (respon­si­ble for the infra­struc­tu­re), the wagon kee­per (respon­si­ble for the main­ten­an­ce of the wagons) and the freight rail­way under­ta­king (respon­si­ble for the ope­ra­ti­on of the wagons). At the same time, Sust trig­gers a so-cal­led Safe­ty Alert in the SIS infor­ma­ti­on sys­tem, which is used by the natio­nal super­vi­so­ry and inves­ti­ga­ti­ve aut­ho­ri­ties. And final­ly, the Swe­dish wagon kee­per depo­sits a war­ning mes­sa­ge in ERA’s Safe­ty Alert IT Tool (SAIT).

Based on these noti­fi­ca­ti­ons and as part of the coor­di­na­ted pro­cess, all Euro­pean stake­hol­ders should have access to the published infor­ma­ti­on. It is now up to them to draw the right con­clu­si­ons in the exch­an­ge bet­ween natio­nal aut­ho­ri­ties, indus­try repre­sen­ta­ti­ves and ERA. Thanks to the Land Trans­port Agree­ment, Sust is reco­g­nis­ed by ERA as an inves­ti­ga­ti­ve body, as is the Fede­ral Office of Trans­port (FOT) as a safe­ty aut­ho­ri­ty. The mat­ter is now being dealt with by the com­pe­tent inter­na­tio­nal bodies. We con­sider this fact to be enti­re­ly cor­rect and neces­sa­ry in view of the cross-bor­der use of freight wagons throug­hout Euro­pe. The respon­si­ble bodies will next estab­lish a refe­rence to simi­lar wheel breaka­ges from the past.

Consequent first safety recommendations

The Sust report makes two short-term safe­ty recom­men­da­ti­ons, which the VAP sup­ports wit­hout reser­va­ti­on. In Recom­men­da­ti­on No. 183, it advo­ca­tes that the FOT extend the 2017 “JNS Urgent Pro­ce­du­re Bro­ken Wheels” to the BA 390 series wheel­sets. The “JNS Task Force Bro­ken Wheels” set up at that time had reac­ted to seve­ral wheel frac­tures on the BA 314 and BA 004 wheel types and cal­led for more inten­si­ve inspec­tions in ope­ra­ti­on and main­ten­an­ce to limit the risks for these wheel types. We also wel­co­me Safe­ty Recom­men­da­ti­on No. 184, in which Sust urges the FOT to apply for a new “JNS Pro­ce­du­re” at Euro­pean level to deal with the wheel breaka­ge on the BA 390 series. This should pre­vent fur­ther simi­lar wheel breaka­ges from occurring.

Accident clarified – but not yet completely solved

The inte­rim report cor­rects the mis­lea­ding media covera­ge of the acci­dent, accor­ding to which the derai­led wagon 11 also dama­ged the safe­ty gate to the east tun­nel, which weig­hed about 100 ton­nes. Accor­ding to Sust, it was not until car­ria­ge 14 hit the switch track at the Faido mul­ti­func­tion sta­ti­on switch that it struck the safe­ty gate. Fur­ther inves­ti­ga­ti­ons are neces­sa­ry to fully cla­ri­fy the acci­dent in detail. This includes, for exam­p­le, ana­ly­ses of the wagon 14 and the switch. Sust will only pro­vi­de a com­ple­te cla­ri­fi­ca­ti­on of the cour­se of events and cau­ses of the acci­dent in its final report. Once this has been published, it is the respon­si­bi­li­ty of all actors invol­ved in the JNS pro­ce­du­res to draw the right con­clu­si­ons from it for com­pe­ti­ti­ve and safe Euro­pean rail trans­port. The recom­men­da­ti­ons of the Sust final report will be imple­men­ted by the enti­re industry.

Marco Rosso: «Collaborative innovation can contribute to the quality of life and function profitably at the same time.»

Marco Rosso: «Collaborative innovation can contribute to the quality of life and function profitably at the same time.»

Marco Rosso is Chair­man of the Board of Direc­tors of Cargo sous ter­rain AG (CST). In an inter­view with the VAP, he talks about inter­ope­ra­bi­li­ty, non-dis­cri­mi­na­ti­on on the last mile and the logi­stics of the future. And about how col­la­bo­ra­ti­ve inno­va­ti­on can con­tri­bu­te to the qua­li­ty of life of peo­p­le in Switz­er­land and func­tion pro­fi­ta­b­ly at the same time.

VAP: Mr Rosso, how do you see the rela­ti­onship bet­ween rail freight and CST in the future?

Marco Rosso: Rail and CST are two sys­tems that com­ple­ment each other. CST coope­ra­tes with all modes of trans­port to joint­ly absorb the pre­dic­ted freight traf­fic growth of over 30% by 2050 in an inno­va­ti­ve, sus­tainable way. Becau­se CST is not sui­ta­ble for all trans­ports, the com­pa­ny sup­ports the busi­ness models of rail, road hau­liers and other logi­stics play­ers with new tech­no­lo­gy and digi­ta­li­sa­ti­on. Only with coope­ra­ti­on (within the frame­work of com­pe­ti­ti­on rules) can inter­ope­ra­bi­li­ty be gua­ran­teed among the most diver­se modes of trans­port and trans­port com­pa­nies. The­r­e­fo­re, CST plans to con­nect to rail, road, ship, air freight and other sys­tems. At the CST hubs, there will be mul­ti­mo­dal con­nec­tions, in par­ti­cu­lar also a rail con­nec­tion. In the con­s­truc­tion phase, start­ing as early as 2026 and con­ti­nuing until 2045, CST will use rail trans­port to the tune of 2,000 goods trains per year and thus beco­me an important rail customer.

Should­n’t the state crea­te the infra­struc­tu­re and the ope­ra­ti­on in the tun­nels, as well as the ope­ra­ti­on of the ter­mi­nals and the last/first mile would then be free and sub­ject to competition?

CST is a sys­tem that only works as a whole becau­se all pro­ces­ses are con­trol­led end-to-end. This is the only way to ensu­re that the gene­ral cargo rea­ches its desti­na­ti­on on time and relia­bly. For this reason, the sys­tem must be mana­ged from a sin­gle source and at the same time be con­nec­ta­ble to all part­ner plat­forms. CST has been plan­ned and con­cei­ved as a pri­va­te-sec­tor pro­ject from the very begin­ning. With this finan­cing con­cept, it is pos­si­ble and important to move for­ward quick­ly wit­hout strai­ning the funds in the fede­ral bud­get. The inves­tors also include important future cus­to­mers. They help to deve­lop the sys­tem in line with the mar­ket. The Con­fe­de­ra­ti­on has reco­g­nis­ed that it would not be expe­di­ent to act as a crea­tor its­elf, but to limit its­elf to the legal frame­work. With careful­ly pre­pared busi­ness plans, com­pe­ti­ti­ve pri­ces and the broad inves­tor base that sup­ports the pro­ject, CST shows that inno­va­ti­on in freight trans­port con­tri­bu­tes to the qua­li­ty of life in cities and rural areas and can func­tion pro­fi­ta­b­ly at the same time.

Where do you see the big­gest chal­lenges in your project?

Such a com­pre­hen­si­ve pro­ject pres­ents many chal­lenges, for exam­p­le in plan­ning, legal, envi­ron­men­tal, finan­cial and poli­ti­cal terms. What distin­gu­is­hes CST is the model of col­la­bo­ra­ti­ve inno­va­ti­on – with the inclu­si­on of all stake­hol­ders. The pro­ject approa­ches the chal­lenges prag­ma­ti­cal­ly in stages.

How do you design a non-dis­cri­mi­na­to­ry first/last mile?

Our sys­tem is plan­ned to be non-dis­cri­mi­na­to­ry from the start any­way, wit­hout the law requi­ring it. The fol­lo­wing appli­es throug­hout: ever­yo­ne has access to the sys­tem with the same price for the same ser­vice. But we go even fur­ther, for exam­p­le, by deve­lo­ping CST’s city logi­stics in a col­la­bo­ra­ti­ve part­ner­ship and are open to any coope­ra­ti­on with smal­ler as well as lar­ger part­ners, inclu­ding the rail­ways and the post office. Here, too, our prin­ci­ple is col­la­bo­ra­ti­ve inno­va­ti­on, which we live by every day.

What is the grea­test bene­fit or moti­va­ti­on of CST for the Swiss population?

The most important effect of CST will be to increase the qua­li­ty of life for all inha­bi­tants of Switz­er­land. By show­ing a way how the logi­stics of the future can look sus­tainable, how heavy traf­fic on the road can be moved away by bund­ling and pre-sort­ing in tun­nels for all ship­pers, or how a traf­fic jam can be avo­ided for the sup­p­ly of goods, how to get the best out of the available resour­ces in terms of CO2 emis­si­ons, noise, etc. The pre­cious space on the sur­face should pri­ma­ri­ly belong to the popu­la­ti­on. CST favours the expan­si­on of infra­struc­tu­re as well as rene­wa­ble ener­gies in Switz­er­land. CST is a pri­va­te­ly finan­ced dri­ver of inno­va­ti­on for the bene­fit of the Swiss eco­no­my and for qua­li­ty of life in cities and vil­la­ges by gua­ran­te­e­ing secu­ri­ty of sup­p­ly and thus incre­asing pro­spe­ri­ty in Switzerland.

Are there any points that you think we should still let our mem­bers know about?

There are decisi­ve decis­i­ons and dis­cus­sions ahead, espe­ci­al­ly against the back­ground of the poli­ti­cal deba­tes on freight trans­port. We are firm­ly con­vin­ced that with an entre­pre­neu­ri­al atti­tu­de we can make an effec­ti­ve con­tri­bu­ti­on to main­tai­ning Switz­er­land in the 21st cen­tu­ry as an excel­lent busi­ness loca­ti­on with a high qua­li­ty of life, also for future gene­ra­ti­ons. We par­ti­ci­pa­te in this work with enthu­si­asm and commitment.

Mr Rosso, thank you very much for the interview.

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

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

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.

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

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

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.

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

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

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)

Sensible modal shift – from shipper to rail forwarder

Sensible modal shift – from shipper to rail forwarder

In the can­ton of Zurich, clean excava­ted mate­ri­al from excava­ti­on pits with a volu­me of more than 25,000 cubic met­res must be trans­por­ted away by rail by the buil­der-owner from 1 July 2021, other­wi­se a repla­ce­ment fee is owed. The com­pa­nies HASTAG (Zürich) AG, Schnei­der Umwelt­ser­vice AG and Eber­hard Bau AG have mer­ged to form the newly foun­ded com­pa­ny Ter­ra­Rail Modal­split AG as of 8 March 2022 to offer this service.

This is what it’s all about:

  • Can­ton of Zurich: ordi­nan­ce on the trans­port of excava­ted mate­ri­al and aggre­ga­tes by rail (BTV).
  • Ter­ra­Rail: Pro­vi­der for trans­port of excava­ted mate­ri­al and aggre­ga­tes by rail.
  • In the inte­rests of fair com­pe­ti­ti­on: invi­ta­ti­on to ten­der for RUs

Ter­ra­Rail Modal­split AG offers the trans­port of excava­ted mate­ri­al and aggre­ga­tes by rail at four loca­ti­ons. In doing so, they make use of their many years of expe­ri­ence and the ideal loca­ti­ons with rail con­nec­tions of the three com­pa­nies. Trac­tion bet­ween the sites and the unloa­ding point(s) is curr­ent­ly pro­vi­ded by SBB Cargo.

The excava­ted mate­ri­als are trans­por­ted by rail from the agglo­me­ra­ti­on area and depo­si­ted or recy­cled in a land­fill. Ide­al­ly, raw mate­ri­al such as gra­vel is trans­por­ted again direct­ly. The offer also includes the deve­lo­p­ment of a trans­port con­cept, which must be sub­mit­ted with the buil­ding application.

Ter­ra­Rail is curr­ent­ly using SBB Cargo for the trans­port by rail. Howe­ver, other RUs were also con­side­red. Ter­ra­Rail Modal­split AG acts inde­pendent­ly of the pro­vi­ders in the mar­ket and obta­ins seve­ral offers during the bid­ding and pro­duc­tion plan­ning pro­cess. The most sui­ta­ble offer is con­firm­ed. The­r­e­fo­re, chan­ging con­stel­la­ti­ons are to be expec­ted in this area.

It is expec­ted that there will be com­pe­ting offers, as Ter­ra­Rail’s offers are pla­ced under com­pe­ti­ti­ve con­di­ti­ons. In fact, seve­ral awards have alre­a­dy been made to other sup­pli­ers in the mar­ket. This indi­ca­tes the exis­tence of competition.

Rail trans­port is attrac­ti­ve when the rail infra­struc­tu­re leads direct­ly from the place of loa­ding to the place of unloa­ding and over lon­ger distances. Howe­ver, this is rare­ly the case in the modal split area. As a rule, an addi­tio­nal rel­oa­ding pro­cess is requi­red, which increa­ses the effort and requi­res loa­ding places. For this reason, from Ter­ra­Rail’s point of view, legal requi­re­ments make sense in order to increase the modal split share of rail trans­port and to reli­e­ve the roads. At the same time, Ter­ra­Rail is working to con­ti­nuous­ly impro­ve the com­pe­ti­ti­ve­ness of this trans­port chain.

The VAP appro­ves of the bund­ling of the com­pe­tence of pri­va­te-sec­tor com­pa­nies and the orga­ni­sa­ti­on of a trans­port chain based on the strengths of all part­ners. The three ship­pers, in their role as spe­cia­lists in ear­thworks and mining and ope­ra­tors of sui­ta­ble tran­ship­ment plat­forms in their sidings and now as rail for­war­ders, are shif­ting trans­ports to the rail­ways and reli­e­ving the bur­den on the roads. Com­pe­ti­ti­on and the pur­su­it of real com­pe­ti­ti­ve­ness com­pared to pure road trans­port are view­ed posi­tively. It is desi­ra­ble that ship­pers have a choice and that sup­p­ly secu­ri­ty is increased by the exis­tence of seve­ral rail providers.

The solu­ti­on found in the can­ton of Zurich with the repla­ce­ment levy on buil­ders is a com­pul­so­ry mea­su­re desi­gned in a mar­ket eco­no­my, where the reve­nue flows into the gene­ral state bud­get and is not ear­mark­ed for a spe­ci­fic pur­po­se. We would wel­co­me a tar­ge­ted reim­bur­se­ment to the mar­ket play­ers, for exam­p­le in the form of finan­cial sup­port from the can­ton for the con­s­truc­tion of tran­ship­ment plat­forms or the deve­lo­p­ment of new mul­ti­mo­dal logi­stics solutions.

For other pro­ducts, a com­pa­ra­ble model is much more dif­fi­cult to imple­ment, as the neces­sa­ry tran­ship­ment plat­forms are lack­ing. Here, can­to­nal trans­port and spa­ti­al plan­ning is cal­led upon to ensu­re that loca­ti­ons are well con­nec­ted by road and rail.

In order to pro­mo­te fur­ther posi­ti­ve relo­ca­ti­ons, the VAP also assu­mes an advi­so­ry role for the can­tons. In doing so, the can­tons bene­fit from the asso­cia­ti­on’s exten­si­ve exper­ti­se, many years of expe­ri­ence and far-rea­ching net­work, which is firm­ly ancho­red in the trans­port industry.

SBB Cargo again a fully-owned subsidiary of SBB

SBB Cargo again a fully-owned subsidiary of SBB

Integration – a rejection of market orientation?

SBB Cargo loses both its logi­stics expe­ri­ence in the share­hol­der body and on the Board of Direc­tors, as well as the exter­nal chair­man­ship of the Board of Direc­tors as a sym­bol of entre­pre­neu­ri­al free­dom. Stig­ma­tis­ed as unsuc­cessful, it is back at the board table. What can cus­to­mers and relo­ca­ti­on poli­ti­ci­ans expect?

Here’s what it’s all about:

  • Logi­stics com­pa­nies Plan­zer, Cami­on Trans­port, Gal­li­ker and Bert­schi give back mino­ri­ty stake
  • SBB Cargo to be fully reinte­gra­ted into SBB Manage­ment Board
  • Exter­nal chair­man­ship of the Board of Direc­tors and decis­i­on-making powers of SBB Cargo to be abolished
  • No sign of neces­sa­ry reor­ga­ni­sa­ti­on of wagon­load traffic
  • Com­pen­sa­ti­on and inter­pre­ta­ti­on as public service
  • Traf­fic los­ses continue

 

SBB remains true to its­elf. The inte­gra­ted rail­way sepa­ra­tes its­elf from the mino­ri­ty share­hol­ders in its freight rail­way SBB Cargo and fully reinte­gra­tes them into the group manage­ment and its rail­way fami­ly. And the boss, Ms Baer, is repla­ced by a real estate expert. The reasons for these steps are not explained.

Like­wi­se, it remains unex­plai­ned why the WLV can­not be run on its own merits and should con­ti­nue to be sup­port­ed with tax­pay­ers’ money in the long term. The only thing that is clear is that wagon­load traf­fic is to be trans­for­med into a public ser­vice with com­pen­sa­ti­on and that, with “Suis­se Cargo Logi­stics” and the newly foun­ded SBB Inter­mo­dal AG, com­bi­ned trans­port is also to be taken over by SBB and stra­te­gi­cal­ly with­drawn from the mar­ket. It is impe­ra­ti­ve to raise some ques­ti­ons here, such as non-dis­cri­mi­na­to­ry and fair con­di­ti­ons for all players.

The resur­rec­tion of SBB Cargo as a relic befo­re OBI Orga­ni­sa­ti­on of Rail­way Infra­struc­tu­re 16.075 pro­ba­b­ly comes as a sur­pri­se not only to the VAP, as a repre­sen­ta­ti­ve of the ship­ping indus­try. It is unclear what role poli­tics, DETEC as owner, on-len­der of tax­pay­ers’ money and super­vi­so­ry aut­ho­ri­ty play­ed in this decision.

We at the VAP are ana­ly­sing and taking soundings for the time being. We are see­king dia­lo­gue with poli­ti­ci­ans, DETEC, SBB and the new CEO of SBB Cargo. Based on these fin­dings and hop­eful­ly a satis­fac­to­ry fac­tu­al situa­ti­on, we will deter­mi­ne our fur­ther cour­se of action and inform you again about this cur­rent status.

Values such as com­pe­ti­ti­on, mar­ket ori­en­ta­ti­on, inno­va­ti­on, non-dis­cri­mi­na­ti­on, pro­duc­ti­ve modes of trans­port and self-suf­fi­ci­en­cy are part of the DNA of the VAP. And ulti­m­ate­ly, our “old” ideas such as “branch rail­ways” and a spin-off of the first/last mile ser­vice could be the right ans­wer for a strong rail freight sys­tem in Switzerland.

 

Loo­king back at the year 2018, SRF report: Dis­cus­sion about freight traf­fic – SBB Cargo off track (in german)

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