CER position on the Implementing Regulation on the Economic Equilibrium Test (EET)

During the past months the Community of European Railway and Infrastructure Companies (CER) presented in several meetings with the European Commission and other stakeholders the railway sector’s concerns regarding the Draft Implementing Regulation on the Economic Equilibrium Test proposed by the European Commission (DG MOVE).

CER welcomes the opportunity to present these comments in writing. This document is based on the EC 2nd Draft Implementing Regulation on the Economic Equilibrium Test dated September 2017.

The Rail sector understands the great importance of this future piece of legislation and the deadlines enacted in the Fourth Railway Package. However, CER members consider that the European Commission is not respecting the legal basis in the Recast Directive and in the PSO Regulation by creating a different treatment for public service contracts tendered or directly awarded. With this proposal, the European Commission is creating a presumption that directly awarded public service contracts are unlawful. Public service contracts should be subject to the same level of scrutiny without creating any discrimination between the two awarding procedures adopted by the European legislators.