The European Council might approve the Capacity Management Directive of the Greening Freight Package (GFP) next week. However, in its current state, the Directive might be more detrimental than beneficial for the rail freight sector.
The EU Council is expected to finalise a General Approach agreement for the Capacity Management Directive before the Transport Council meeting in Luxembourg on Tuesday 18 June. A General Approach agreement can speed up legislative procedure and facilitate a deal between the European Council and the European Parliament (EP). In other words, the EU Council is likely to give its green light to the Capacity Management Directive and, if the EU Parliament will not object, the regulation can enter into force.
From the Commission to the Council: a downward trajectory
When drafted by the Commission in the summer of 2023, the Capacity Management Directive was warmly welcomed by the rail freight sector. One of the main positives was the implementation of compensation schemes for Railway Undertakings (RUs) in case of cancellations by the Infrastructure Managers (IMs). The Directive then reached the EP and was approved by the TRAN Committee with some amendments that were still meeting the expectations of the industry.
However, once it reached the EU Council for its final approval, things went south. The improved conditions for RUs seem to be disappearing, which would mean that IMs would retain significant power over them. More specifically, IMs would not have to provide financially viable alternatives or monetary compensation in case of unavailability of routes. If the current text from the Council gets approved, the benefits initially envisioned for the rail freight sector in Europe run the risk of vanishing.
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