Market-Liberalization: EU and Austria

The liberalization of the European railway sector began in 1991 with the introduction of Directive 91/440/EEC. Following Austria’s accession to the European Union in 1995, this directive was implemented into Austrian law.

First Railway Package

  • Directive 2001/12/EC - Development of Railway Enterprises within the Community
  • Directive 2001/13/EC - Licensing of Railway Undertakings
  • Directive 2001/14/EC - Allocation of Railway Infrastructure Capacity

Second Railway Package

  • Directive 2004/49/EC - Railway Safety
  • Directive 2004/50/EC - Interoperability
  • Directive 2004/51/EC - Opening of the European Freight Market
  • Regulation 881/2004 - Establishment of the European Railway Agency

Third Railway Package

  • Directive 2007/58/EC - Liberalization of International Passenger Services
  • Directive 2007/59/EC - European Train Drivers’ License
  • Regulation 1370/2007 - Public Passenger Transport Services
  • Regulation 1371/2007 - Passenger Rights and Obligations

Fourth Railway Package – Political Pillar

  • Directive (EU) 2016/2370 - Market Opening for Domestic Passenger Services; Infrastructure Management
  • Regulation (EU) 2016/2338 - Market Opening for Domestic Rail Passenger Services
  • Regulation (EU) 2016/2337 - Repeal of Regulation (EEC) 1192/69 on the Normalization of Railway Undertakings’ Accounts

Fourth Railway Package – Technical Pillar

  • Regulation (EU) 2016/796 - European Union Agency for Railways
  • Directive (EU) 2016/797 - Interoperability of the Rail System within the EU
  • Directive (EU) 2016/798 - Railway Safety

The introduction of Directive 2012/34/EU on November 21, 2012, aimed to establish a Single European Railway Area by consolidating and refining Directives 91/440/EEC, 95/18/EC, and 2001/14/EC to enhance competition. This directive empowered regulatory bodies and was to be transposed into national law by June 16, 2015. Furthermore, Regulation (EU) 2016/2338 came into force on December 24, 2017, while Directive 2016/2370 was to be implemented by December 25, 2018.

The EU's railway liberalization ensures that railway infrastructure can be accessed not only by its owners but also by third-party operators. This required a separation between infrastructure management and train operations, with track allocation (timetable planning) being handled independently. Additionally, access to various service facilities such as passenger stations and freight terminals is essential for operating trains.

In Austria, the former monopolistic Österreichische Bundesbahnen (Austrian Federal Railways) were restructured into a holding company: infrastructure operations are managed by ÖBB-Infrastruktur AG, while subsidiaries such as ÖBB-Personenverkehr AG (passenger services) and Rail Cargo Austria AG (freight transport) operate in the market.

Since 1998, Austria’s railway network has been open to third-party operators. To ensure equal access for both passenger and freight services, Schienen-Control GmbH was established as the national regulatory authority in 1999, officially commencing operations in 2000 as a point of contact for both railway companies and passengers.