The draft of the UGüTG provides for a ban on discrimination for all transport services offered, in particular also for services offered above ground in city logistics. During its deliberations, the Council of States criticised this ban on discrimination and the disclosure of prices.
The VAP welcomes the ban on discrimination and the disclosure of prices. The linking of underground main transport with above-ground distribution from a single source obviously entails the risk of discrimination.
Our experience with SBB Cargo’s wagonload traffic, the service of the last mile to private sidings and terminals as well as access to private terminals is clear: a monopoly offer from a single source is fatal for the loading industry. A specific prohibition of discrimination must therefore be provided as a regulatory measure in addition to the generally applicable Cartel Act. Competition with other transport systems such as rail or road does exist. But just as rail freight transport is the only mode of transport that can offer the night jump, the combined offer of city logistics and main run of Cargo sous terrain enjoys a unique USP. This is also the reason why the Confederation has an economic interest in this infrastructure and decided to enact the UGüTG.
Access to other private infrastructures is also specifically regulated by law in a non-discriminatory manner. Access to terminals is regulated in Art. 6 para. 1 lit. d Freight Transport Ordinance, GüTV: Conditions, prices and discounts must be non-discriminatory and disclosed on the internet. For the service of sidings and terminals (last mile), transparency has unfortunately been reduced: Art. 6a GüTV only requires the general description of the “assessment of the price”. Art. 5 para. 3 lit. c of the UGüTG is also formulated in this sense: “Calculation of the price”. This is the minimum variant to protect customers against the monopoly provider.
The price should be in line with the market. This is also the case for terminal access and last mile service. But it must not be discriminatory, for example by providing a discount for particularly close “friends” that cannot be justified from an economic point of view. The principles developed in connection with network access to the rail network have proven their worth and should also apply to city logistics and underground mainline services.
For these reasons, the VAP recommends that Parliament adopt Art. 5 UGüTG unchanged.
