About passenger service
With the latest change of directive 2016/2370 the market is also open to railway undertakings, that wish to carry out domestic passenger transport.
As an exception to the starting point of opening the market for passenger transport, however, it applies that access to passenger service may possibly be limited in order to protect existing arrangements under which railway undertakings carry out public service obligation (PSO-contracts).
Railway undertakings that wish to establish new routes with passenger transport – or to make significant changes to an already existing route – must:
- No later than 18 months before the transition to the relevant new timetable, submit a notification to the Danish Rail Regulatory Body
However, this obligation to notify new routes only applies if:
- The new route is not covered by a PSO-contract.
- The new route, in whole or in part, will be able to function as an alternative to transport covered by a valid PSO-contract.
- The new route must run according to a timed timetable.
- The new route is completely new or constitutes a significant change to an existing route. It is not a question of a new route if it is only a matter of replacing the railway undertaking on an existing route.
The notification formular can be found at the bottom of this page. The formular shows which information must be submitted with the notification.
It is important that the railway undertakings comply with the notification requirement, as
failure to do so may result in the respective railway undertaking later facing demands for termination or restrictions on passenger transport on the new route.
After receiving a notification regarding a new route, the Danish Rail Regulatory Body informs the parts concerned, which has the opportunity to request a test of whether considerations to protect the economic equilibrium in an existing PSO-contract might necessitate potential restrictions on commencing the new route.
The notification formular, for filling a request regarding the issue of economic equilibrium, can be found at the bottom of this page. The formular shows which information must be submitted with the notification.
Specific regulations about the procedure and criteria for decisions regarding economic equilibrium are stipulated in Implementing Regulation (EU) 2018/1795 of November 20th, 2018.
In accordance with Article 14 of the implementing regulation, we have published a methodology for testing economic equilibrium on this website. This can be found in a specified document in the info box at the bottom of this page.
Access to passenger transport service
Railway undertakings that hold an EU license, including insurance and a safety certificate, have the right to access the state's railway infrastructure as well as infrastructure owned by A/S Storebæltsforbindenen and A/S Øresundsforbindelsen for the purpose of carrying out passenger transport, cf. implementing regulation on criteria for the application of economic equilibrium, notice on railway undertaking´s access to passenger transport and Directive 2012/34/EU art. 10 and 11.
A railway company wishing to operate a new passenger route must, before requesting infrastructure capacity from the infrastructure manager, notify its intention to the Danish Rail Regulatory Body. This is done by completing the standard formular for the notification of a planned new passenger route.
The Danish Rail Regulatory Body shall publish on its website the notification made by the applicant except for any commercially sensitive information. The Ministry of Transport, Danish Civil Aviation and Railway Authority, affected Infrastructure managers, and railway undertakings, will also be informed about the notification.
The right to include passengers may be restricted by the Danish Rail Regulatory Body on the routes between departure and destination points, which are included by one or more contracts about traffic performed as public service contracts if the execution of that right would compromise the economic equilibrium. At the request of competent authorities, the infrastructure manager or the railway undertaking performing the public service contract, the Danish Rail Regulatory Body shall determine whether the proposed new rail passenger service will compromise the economic equilibrium of a public service contract. Requests by the entities referred shall be made within four weeks from the publication of the applicant’s notification on the Danish Rail Regulatory Body’s website, and no later than a month after receiving the notification about the planned passenger transport service.
The decision is based on an objective economic analysis and according to established criteria. The Danish Rail Regulatory Body shall decide within six weeks at the latest from the receipt of all relevant information, after which the right of access to railway infrastructure is either granted, modified with certain conditions, or denied. Before a decision, that would result in denying access to railway infrastructure, the applicant is given the opportunity to adjust the plan so that it does not create economic imbalance in the public service contract. The decision will be notified to the applicant and published on The Danish Rail Regulatory Body’s website.
Review of decision
Proceedings for review of a decision made by the Danish Rail Regulatory Body of this notice must be filed within 8 weeks after the decision has been notified in accordance with Section 8 of Regulation 1329/2015. Proceedings do not have stay of execution unless the court decides otherwise.
Criteria for decision
In determining whether the exercise of the right to include passengers on routes between the departure and destination points covered by one or more contracts for services operated as public service will jeopardize the economic equilibrium in a contract for services operated as public service, the Danish Rail Regulatory Body takes into account, among other things, predefined criteria.
The criteria would be, for example, the impact on the profitability of routes covered by a public service contract, including the resulting impact on the net costs of the competent public authority which awarded the contract, passenger demand, fares, ticketing arrangements and of the proposed new route number of stops on both sides of the border and their location, as well as timetable and number of departures.
The criteria for trial of economic equilibrium can be found in methodology, “Anmodningsskema og metodologi”
Notification of new rail passenger service