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HomeLatest NewsThe CNMC studies sanctioning Adif for not communicating its works in advance

The CNMC studies sanctioning Adif for not communicating its works in advance

Date: February 28, 2024 Time: 18:38:55

The National Commission for Markets and Competition has opened a disciplinary file against the works that it planned to carry out on the network in advance.

Last summer, the CNMC issued a resolution in which it ensured that the maintenance or improvement works carried out by the railway administrator were not communicated in sufficient time for the operators to think and offer travel alternatives to their customers.

This requirement was made at the request of the Association of Private Railway Companies (AEFP) —in which companies such as Ouigo or Iryo are integrated— which filed a complaint with the regulatory body regarding this lack of foresight on the part of the infrastructure manager.

The opening of this file ten months after the resolution is due to an “alleged breach” of the resolution of July 7, 2022, according to which Adif AV had to comply with certain transparency obligations regarding the implementation of restrictions temporary capacity, the name assigned by the railway manager to traffic limitations on certain sections or times.

Two years to report incidents

Then, the Competition found that Adif and Adif AV – administrators of the conventional and high-speed rail networks – reported on these capacity restrictions “with less advance notice and detail than required by the regulations”. According to European regulations, those that last more than 7 days and affect more than 30% of the volume of daily traffic must be communicated at least 24 months in advance, and their updates at least 12 months.

The CNMC investigation interrupted the fact that both Adif and Adif AV published these incidents between two and three months before the works, while the affected paths —the available time slots— were not rescheduled until a few days before the works began, making it difficult to the implementation of alternatives by the operators.

In response to this situation, it imposed a series of information and consultation obligations “to ensure that network administrators can take into account the needs of railway companies when planning the works”, requirements that, according to what the Competition is now investigating, could have been breached by both public entities.

These involved updating the information on these restrictions two months before the operators requested capacity to put their trains on the network, consulting with them about the development of these incidents to try to reduce the impact on normal activity; and keep the Catalog of Temporary Capacity Restrictions updated, providing the details of the train paths four months in advance for passenger services, and one month for freight services.

criteria differences

Sources of the procedure consulted by La Información assure this newspaper that non-compliance with these restrictions originates from the conversion of some tracks from conventional gauge to international gauge, which at the same time change network manager (they go from Adif to Adif AV). and that, therefore, they would be considered as a new infrastructure where there are no capacity restrictions, nor would the tax requirements apply last year.

“There is no original situation with which to compare,” they point out, adding that both the operators and the CNMC itself “were aware”, since they were informed and were aware of the action. All the parties involved will have a period of time to register their allegations to the different questions that the Competition regulator settles in its file.

* This website provides news content gathered from various internet sources. It is crucial to understand that we are not responsible for the accuracy, completeness, or reliability of the information presented Read More

Puck Henry
Puck Henry
Puck Henry is an editor for ePrimefeed covering all types of news.

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