DECLARATION OF INTENT TO ESTABLISH
THE EUROPEAN RAIL INFRASTRUCTURE MANAGERS PLATFORM

This proposal sets out the aspirations and intentions of the rail infrastructure managers, the relevant associations and the Directorate-General for Mobility & Transport (hereafter DG MOVE) to enhance cooperation and networking with a view to improving the European railway area. It is not intended to be a legally binding document.

DG MOVE, the undersigned EUROPEAN RAIL INFRASTRUCTURE MANAGERS and ASSOCIATIONS REPRESENTING EUROPEAN RAIL INFRASTRUCTURE MANAGERS, herby agree that:

(1) Rail Infrastructure Managers (IMs) will seek to grow cooperation and to exchange information to help facilitate the delivery of safe, sustainable, high performing, and value generating rail transport across Europe.

(2) Through cooperation and coordination, the IMs recognise the essential contribution that they can make in the development of the Single European Rail Area – including by appropriate initiatives to cooperate bilaterally, multi-laterally through bodies such as governance structure for corridors, and in coordination with DG MOVE and EU Agencies in the delivery of each others’ obligations.

(3) Moreover, the IMs recognise both the aspirations and their common interest to cooperate – particularly in the context of Article 37 of Directive 2012/34/EU including the request to IMs to “…aim to guarantee the optimal competitiveness of international rail services and ensure the efficient use of the railway networks” and the requirement on Member States to ensure IMs cooperation.

(4) DG MOVE recognises the value of the advice and opinion available from IMs, and seeks their active cooperation when it is formulating proposals affecting their activity. This may include the contribution to the development of delegated and implementing acts, initiatives across borders, the development of the rail network across Europe and the promotion of a competitive and resource efficient transport system as outlined in both the White Paper on transport policy and related legislative framework.

(5) The IMs, Associations and DG MOVE therefore intend forthwith to participate and work together in a EUROPEAN RAILWAY INFRASTRUCTURE MANAGERS PLATFORM (the Platform).

(6) Membership of the Platform shall be open to Industry Members meaning Infrastructure
Managers (IMs) in the EU, EEA or EFTA States operating more than 50km of railway route as well as Associations signatory to this Declaration of Intent to represent individual members where requested. DG MOVE may seek to obtain active cooperation of IMs from all Member States in the Platform.

(7) IMs participating in the Platform shall develop, on a consensual basis, such areas of cooperation as the members see fit, in order to meet of the need for cooperation provided by EU legislation including ERTMS deployment, Trans-European Network for Transport (TEN-T) roll-out, safety etc) or in respect of any other area relating the business of IMs. Subject to paragraph 8, these may include but shall not be limited to monitoring performance and benchmarking efficiency on the basis of commonly agreed indicators and quality criteria such as reliability, safety, asset quality, etc.

(8) Subject to rules on data protection, legal privilege, commercial confidentiality, compliance with all relevant anti-trust and competition laws and regulations, and cognisent of market regulations, the Platform shall support the exchange of information among members in respect of its activities, possibly through electronic tools. These activities should be subject to appropriate non-disclosure requirements.

(9) The Platform may make recommendations to DG MOVE in support of the development or implementation of EU rail legislation. DG MOVE may consult the Platform on measures and proposals affecting IMs and their businesses in order to transparently obtain advice and experience of IMs. It may base legislative proposals, implementing measures or other types of initiatives on the experience of IMs and the recommendations of the Platform.

(10) Participation in the Platform is recognised as voluntary and the signatories to this declaration are not bound to accept or implement platform decisions.

(11) Members may resign their membership of the Platform at any time and shall no longer be committed to any of the decisions or activities of the Platform.

First opened for signature in Tallinn on 16/10/2013 in the context of the TEN-T days Directorate-General for Mobility and Transport