Regulation (EU) 2016/2338 of the European Parliament and of the Council of 14 December 2016 amending Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail (Text with EEA relevance )

1 The competent authority shall lay down specifications for public service obligations in the provision of public passenger transport services and the scope of their application in accordance with Article 2(e). This includes the possibility to group cost-covering services with non-cost-covering services. When laying down those specifications and the scope of their application, the competent authority shall duly respect the principle of proportionality, in accordance with Union law. The specifications shall be consistent with the policy objectives stated in public transport policy documents in the Member States. The content and format of public transport policy documents and the procedures for consulting relevant stakeholders shall be determined in accordance with national law.

2 The specifications of the public service obligations and the related compensation of the net financial effect of public service obligations shall: (a) achieve the objectives of the public transport policy in a cost-effective manner; and (b) financially sustain the provision of public passenger transport, in accordance with the requirements laid down in the public transport policy in the long term.’;

1 With a view to launching a competitive tendering procedure, competent authorities shall assess whether measures are necessary to ensure effective and non-discriminatory access to suitable rolling stock. This assessment shall take into account the presence of rolling-stock leasing companies, or of other market actors providing for the leasing of rolling stock, in the relevant market. The assessment report shall be made publicly available.

2 Competent authorities may decide, in accordance with national law and in compliance with State aid rules, to take appropriate measures to ensure effective and non-discriminatory access to suitable rolling stock. Such measures may include: (a) the acquisition by the competent authority of the rolling stock used for the execution of the public service contract with a view to making it available to the selected public service operator at market price or as part of the public service contract pursuant to Article 4(1)(b), Article 6 and, if applicable, to the Annex; (b) the provision by the competent authority of a guarantee for the financing of the rolling stock used for the execution of the public service contract at market price or as part of the public service contract pursuant to Article 4(1)(b), Article 6 and, if applicable, to the Annex, including a guarantee covering the residual value risk; (c) a commitment by the competent authority in the public service contract to take over the rolling stock at predefined financial conditions at the end of the contract at market price; or (d) cooperation with other competent authorities in order to create a larger pool of rolling stock.

3 If the rolling stock is made available to a new public transport operator, the competent authority shall include in the tender documents any available information about the cost of maintenance of the rolling stock and about its physical condition.’;

This Regulation shall enter into force on 24 December 2017.