domingo, 24 de janeiro de 2021

1st letter to Comissioner Adina Valean

 

Dear Transport Commissioner

Adina Valean    


Lisbon, 30 July 2020       

Please find attached a letter subscribed by 29 portuguese citizens of
several areas, namely engineers, business leaders, and mayors of major
towns, relatively to the gauge of the rail infrastructure of the TEN-T
in Portugal and the risk of isolation of the Portuguese economy.             
There is an ongoing debate in Portugal about the plan the government
needs to present to the EU Commission in the framework of the recovery
plan and use of EU Funds on the post Covid 19 period. This includes
investment on new rail infrastructures, in which the issue of this
letter is crucial to distinguish waste from investment.  
We ask for your attention to the contents of this letter and for an
answer.

With best regards

 

 

 

 

 

 

 

 

Dear Transport Commissioner

Adina Valean

 

Email: cab-valean-contact@ec.europa.eu

 

Address: Rue de la Loi / Wetstraat 200

1049 Brussels

Belgium

 

Lisbon, July 30, 2020

 

Subject:  Risk of isolation of the Portuguese economy - request for clarification

on the railway component of TEN-T in Portugal

 

We took note of the presentation you made to the European Parliament on 23

June, on the state of the public consultation of the new TEN-T.

In particular, we welcome two aspects of your speech:

First, the satisfaction with which you registered the participation of 600 organizations and citizens, and the appreciation of the information received through this route, which has now encouraged us to write you this letter.

Second, the warning that it left for the danger of the peripheral regions being left out of this reform, which would imply the worsening of economic and social imbalances in the European space.

As citizens, some of us with institutional responsibilities in the regions and in the more representative Portuguese business Associations, we want to alert you to the risk of this happening in Portugal, a peripheral country that tends to become an island railway in Europe, due to the systematic delay in adopting the European gauge (1435 mm) on its international lines. This situation would deprive Portugal of competitive terrestrial ways (for which they must be interoperable to their full extent) for the transport of goods to and from most of the European Union. Besides that, it would prevent competition in the international railway operation, relegating Portugal to a situation of railway monopoly, as defended by the Portuguese Government, which stated that it views the gauge difference for the rest of the European Union as a natural protection against competition.

We therefore hope that the new TEN-T will be used to transform of our railway infrastructure towards its full integration into the European networks, under penalty of our country being the first “geography of discontent” and economic destruction that you described very pertinently.

Information has come to our attention regarding the possibility for the Commission European Union certify, as interoperable within the Core Network of the European Union, Portuguese railway tracks, in Iberian gauge (1668 mm), on itineraries of the Atlantic Corridor of the Core Network, whose gauge must be the one prescribed in the EU Regulation 1315/2013 (1435 mm).

We are very concerned about this possibility, which means maintaining our railway isolation from the whole of Europe, namely the TEN-T.

We believe, first of all, that such certification would go against the objectives and would affect the credibility of the new TEN-T. Instead of an instrument of modernization, strengthening of mobility and promoting economic cohesion, such certification would, in practice, convert the TEN-T as an instrument of bureaucratic justification for a historical error: it would contribute for the non-opening to Europe of the Portuguese rail system, thus aggravating the logistical conditions of a country that is geographically peripheral in relation to central Europe, so it would represent a damage, with very serious consequences, for the Portuguese economy.

We would like to base this pronunciation on two criteria that we present in this document, in the annex “Rationale”, consisting of 2 chapters:

First, the technical-economic, chapter where we will document it about the concern of large part of the Portuguese business sector with this issue.

Second, the legal one, according to which this certification clearly seems to us illegal under European law.

In view of the above, we would like that you inform us what position the European Commission will take on the question of possible certification as interoperable of lines of the Core Network in Iberian gauge.

 

 

With Best regards

 

 

The subscribers

 

Luis Mira Amaral, ex Minister of Industry (1985-1995)

Mário Lopes - Civil engineer, Professor at Instituto Superior Técnico (IST), Former President of Association for the Development of Integrated Transport Systems (ADFERSIT)

Arménio Matias - Electrical engineer, founder and former President of the Association for the Rail Transport Development (ADFER), Former CP Administrator (Trains of Portugal, https://www.cp.pt/institucional/pt/empresa )

Fernando Santos e Silva, Electrical Engineer, Former responsible for Lisbon Metro for the approval processes of the new sections

Joaquim Polido, Former President of Fernave (http://www.fernave.pt/ ), Former President of ADFERSIT, Former CP senior manager

Luis Cabral da Silva, Electrical engineer, manager, Former REFER senior manager (National Railway Network, current IP, https://www.infraestruturasdeportugal.pt/ ), specialist in Transport and Roads

Acúrcio Santos, Electrical Engineer, Former Director of Rolling Stock and Former Director of CP Regional Services

Alberto Grossinho, Mechanical engineer. Main functions performed at REFER (Rede Ferroviária Nacional), between 1970 and 2011: Deputy General Manager for Security, Circulation Director, and liaison to IMTT (Instituto da Mobility and Land Transport) for interoperability issues.

Mário Ribeiro, Mechanical Engineer, Former senior manager of TAP in the maintenance service

Eugénio Menezes de Sequeira, Agronomist, Retired Coordinator Researcher of the National Institute for Agricultural Research, Former President of the League for the Protection of Nature, Member of the Environment Commission of the Lisbon Geographical Society

Fernando Mendes - Electrical engineer, businessman

Henrique Neto, businessman

Vitor Caldeirinha, Former President of the Administration of Ports of Setúbal and Sesimbra, Former President of the Portuguese Ports Association and Former President of ADFERSIT

João Luis Mota Campos, Former Secretary of State for Justice (2002-2004)

José Augusto Felício, Full Professor at the Higher Institute of Economics and Management (ISEG)

João Duque, Full Professor at the Higher Institute of Economics and Management (ISEG)

Carlos Sousa Oliveira, Full Professor at Instituto Superior Técnico (IST)

Rui Carrilho Gomes, Professor at Instituto Superior Técnico (IST)

António Gomes Correia, Full Professor at the University of Minho (UM)

José António Ferreira de Barros , businessman, Former President of AEP (Portuguese Businessman Association - https://www.aeportugal.pt/ )

Luis Miguel Ribeiro, President of AEP (Portuguese Businessman Association - https://www.aeportugal.pt/ )

Fernando Castro, President of AIDA, (Aveiro District Industrial Association, http://aida.pt/ )

José Couto, President of AFIA (Association of Manufacturers for Automobile Industry, https://afia.pt/ ) and the CEC (Business Council of the Center, http://www.cec.org.pt/ )

António Miguel Batista Poças da Rosa, President of NERLEI (Business Association of the Leiria Region, https://www.nerlei.pt/ )

Rogério Hilário, Vice-President of CEC (Business Council of the Center, http://www.cec.org.pt/

Tomás Moreira (Former President of AFIA, Association of Manufacturers for Automobile Industry)

António Almeida Henriques, Mayor of Viseu (http://www.cm-viseu.pt/ )

José Ribau Esteves, Mayor of Aveiro (https://www.cmaveiro.pt/ )

Ricardo Rio, Mayor of Braga (https://www.cm-braga.pt/pt)

 

 

 

 

 

 

 

                                  Attachment

 

                                   Rationale

 

1 - Technical and economic foundation

 

- In view of the environmental and energy constraints faced by Humanity, the European Union promotes policies to guarantee the sustainability of the transport in Europe based on 2 types of policies: i) development of vehicles environmentally and energy-efficient for all transport modes, and ii) transfer of traffic from the less efficient and sustainable modes for the most sustainable and efficient. This objective is quantified by the EU: by 2030 transfer 30% and by 2050 transfer 50% of freight traffic over medium and long distances (> 300km) for rail and maritime modes         (https://euricando/legalcontent/PT/TXT/PDF/?uri=CELEX,5201201DC0144&from=EN , point 2.5 (3)).

 

- About 70% of Portugal's foreign trade is with its EU partners. Of this, about 80% in value is made by road. International freight rail transport to and from Portugal is done exclusively with Spain and is a very small part of land trade (Spain has a rail network conventional in Iberian gauge, although it plans its migration to European gauge).

In other words, Portugal currently depends very heavily on the road for its trade links to the EU, and these are fundamental to economic development.

As this system is unsustainable in face of the energy and environmental constraints and European transport policies, without a competitive alternative to the road transport Portugal will be isolated from EU markets, and thus condemned to impoverishment.

 

- Many Portuguese companies and business associations are aware of the problem

(http://cip.org.pt/wp-content/uploads/2018/03/Conselho_Industria_Portuguesa_final-LR.pdf , chapter VI). Some, such as AFIA (Association of Manufacturers for Automobile Industry), anticipating this isolation, have recommended to their associated companies preparing to use the Spanish logistics platforms in Vigo, Salamanca and Badajoz, which will connect to the European gauge rail network, to export to central Europe

(https://1drv.ms/b/s!Al9_rthOlbweun2b8KdQXWfHJnHR?e=wgzoGu ), in a process minimizing damage but with inevitable extra costs in relation to other European competitors.

 

- The European railway is not very competitive in the international freight transport and holds low market shares. One of the main causes of this situation is the fact that is managed primarily at national level, sometimes with a view to avoiding competition from other EU countries, using technical barriers to circulation of trains and / or creating difficulties in the allocation of train paths to trains from other countries, in what can be considered a restriction of effect equivalent to restricting access to national markets.

 

- Gauge differences are the strongest technical obstacle to train circulation. The freight transfers, the main means of solving this problem, besides wasting time and money, make the management of the rail system ineffective due to the need of compatibility of paths (time and space intervals) of different trains in different gauge networks to minimize these time-wastes. Therefore, freight international rail traffic between Portugal and Europe beyond the Pyrenees is zero tons yearly. In addition, in large quantities, necessary for large-scale modal shift as it is the objective of European policies, ineffective management makes the functioning of the system not possible with a minimum of competitiveness.

 

- The use of axles of variable width in freight wagons is also not a competitive solution for freight transportation, being non standard material, which brings numerous other drawbacks. In fact, the spanish manufacturers of those axes refer that these axes do not make unnecessary the gauge migration in Spain but serve to speed up transport during the transition period in which the Iberian gauge (1668mm) and the UIC gauge (1435mm) will coexist in Spain.

(https://www.civil.ist.utl.pt/~mlopes/conteudos/Transportes/Ref%20120%20-

% 20FIXES% 20VARIABLES% 20for% 20MARKETS% 20Ponencia-EjeOGI.pdf , page 2)

 

- The short sea can contribute to solving part of the problem of Portugal trade with the EU but not most of it, as it is less competitive than the terrestrials alternatives for the Portugal-EU trade for many sectors of activity and origins / destinations in central Europe  (Annex 2 of the document available at

http://cip.org.pt/wp-content/uploads/2018/03/Conselho_Industria_Portuguesa_final-LR.pdf   )


- It is explicit in European Union documents (White paper - ‘European transport policy for 2010: time to decide, pages 29 and 30, available at  
https://ec.europa.eu/transport/sites/transport/files/themes/strategies/doc/2001_white_p aper / lb_com_2001_0370_en.pdf )  

that rail transport can only be competitive if there are no technical obstacles to the flow of trains, which is entirely correct. For this reason, the European Commission has defined policies for the creation of a set of high capacity corridors, the EU Core Network, which must be served by interoperable railways, this is, without technical obstacles to free flow of trains.

 

- In this context, the future competitiveness of the Portuguese economy depends on the creation of the Core Network Lines of the EU, including of course the sections in Portuguese territory.

 

- The possible certification as interoperable of Iberian gauge lines in the itineraries of the Core Network located in Portugal encourages the Portuguese Government to postpone indefinitely investments in European gauge lines, as it continues to have access to the European Union funds for the Core Network. With the aggravating factor that in Portugal, due to its Iberian gauge, the European trains are unable to bring us and take the goods that we need and that we export, facing a monopoly that today's operators do not want to lose and consequently making unfeasible the benefit from the free international competition.

 

 - The question of continuity in Spain ( it would not be reasonable build the Portuguese international lines of European gauge if they had no continuity in Spain) must be resolved with previous three-party Portugal-Spain-EU agreements on financing, technical characteristics and simultaneous construction of the international lines in both countries.

 

- Some Portuguese officials try to devalue the issue, saying that after the Spain introduces the European gauge in the railway lines up to the Portuguese borders, Portugal will change the gauge in the Portuguese network from one day to the next.  A simple analysis of this issue, from a technical-economic perspective, is enough to realize that this statement is totally unrealistic. Consider the case of Spain, which always had the European gauge in the French side at its northern borders, began to build the European gauge network in 1988 and despite this, the process to place the European gauge across Spain still will take time. Worse than that, the former Minister of Infrastructure of Portugal, explaining the Government's policy for the railroad, stated that the gauge differences for the rest of Europe are natural protection against external competition  (https://www.tsf.pt/economia/para-que-serve-parceria-da-cp-com-renfe-evitar-rouboda-operacao-portuguesa-10038758.html   and 3rd video of the site                https://www.dinheirovivo.pt/entrevistas/capacity-de-transporte-aereo-em-lisboavai-duplicar/   ), as he knows that hardly any company in Europe beyond the Pyrenees will buy non-standard freight wagons just to make journeys on the Portuguese network.

 

- It is also relevant to note that the European Commission has already drawn attention to the Portugal's need to work towards the transition to the UIC gauge on the Portuguese railway network   

(https://ec.europa.eu/transport/sites/transport/files/2019-transport-in-the-eu-current-trends-and-issues.pdf     , page 128, and

https://ec.europa.eu/info/sites/info/files/2020-european_semester_country-reportportugal_pt.pdf  , page 66),

although without exerting pressure or stimulus towards this objective.

 

- In addition, the railway isolation of Portugal, and possibly of some regions of Spain still lacking European gauge lines suitable for competitive freight traffic, it would encourage the use of the road to freight transport in medium and long distances, which would go against industry competitiveness and reduction targets of greenhouse gas emissions by 2030 and climate neutrality by 2050 set by the European Commission             

(              https://eurlex.europa.eu/resource.html?uri=cellar:b828d165-1c22-11ea-8c1f01aa75ed71a1.0008.02/DOC_1&format=PDF   , pages 5 and 6 ),   a concern that has already reached the EU Court of Auditors given the construction delays and inefficiencies of the Core Network 

(https://www.eca.europa.eu/Lists/ECADocuments/INSR18_19/INSR_HIGH_SPEED_RAIL_PT.pdf   , 2nd paragraph)

 

2 – Legal basis

 

- We recall the definition of interoperability in Directive 2008/57 and in Article 2 , number 2 of Directive 2016/797  

(https://euricando/legalcontent/en/TXT/?uri=CELEX:32016L0797 ) :  “interoperability  allows safe circulation without interruptions”.

We also recall Regulation 1315/2013

(https://eur-lex.europa.eu/legal-content/PT/ALL/?uri=CELEX:32013R1315   ),

which in Chapter III, “Main Network”, in article 39 “Infrastructure requirements”, establishes in paragraph 2 the following:

”The core network infrastructure must meet the following requirements:

a) With regard to rail transport infrastructure:

(i) full electrification of the line tracks and, as far as necessary for electric train operations, sidings; 

(ii) freight lines of the core network as indicated in Annex I: at least 22,5 t axle load, 100 km/h line speed and the possibility of running trains with a length of 740 m; 

(iii) full deployment of ERTMS; 

(iv) nominal track gauge for new railway lines: 1 435 mm except in cases where the new line is an extension on a network the track gauge of which is different and detached from the main rail lines in the Union. "

 

- It follows from the previous point, that as the sections of the Core Network in Portuguese territory are not separated from the main lines of the Union (the Core Network of which they part), must necessarily be in 1435mm gauge.

 

- The Portuguese railway infrastructure (IP) manager recently informed that the

Évora-Caia section of the Lisbon-Madrid Line of the Atlantic Corridor of the Core Network, currently under construction and which will be equipped with a single track in Iberian gauge with double fixing sleepers (polyvalent sleepers) , will be certified as interoperable by the Portuguese Association for Railway Standardization and Certification (APNCF), in a process that claims to be recognized by the European Commission (news in

https://webrails.tv/tv/?p=43721  and    http://webrails.tv/tv/?p=43699   ).

We emphasize that a Iberian gauge line, whatever the type of sleepers, is not really interoperable with the other lines of the Core Network, because fixed-axis trains do not will be able to circulate from this line to the other lines of the Core Network.

 

- We contacted APNCF by email to clarify the certification issue. We received response from APNCF Secretary-General, Engº Eduardo Osvaldo Louro da Silva Correia, by email on June 9, 2020. We now transcribe the relevant parts of the answer:

“The certification of interoperability takes place under Directive 2008/57 / EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system in the Community, transposed by Decree-Law No. 27/2011, of 17 February, and by the subsequent changes     ( … ).

The Technical Specification for Interoperability for the infrastructure subsystem (Regulation (EU) No. 1299/2014, available at  

https://eur-lex.europa.eu/legal-content/PT/TXT/PDF/?uri=CELEX:32014R1299&from=PT   )  

establishes in paragraph 5 of Article 2 that the TSI applies to lines with the following nominal gauges: 1435 mm, 1520 mm, 1524 mm, 1600 mm and 1668 mm, without specify the type of sleeper, therefore it is applicable to the Iberian gauge independently of the sleeper used, consequently allowing the certification of the interoperability under European regulations, with recognition of this certification and consequently European funding for the Core network lines in Portugal. …

In fact, the terms of Regulation (EU) No. 1299/2014, which repealed the Decisions 2008/217 / EC and 2011/275 / EU, (……), since having come to provide the 1668 mm gauge, the financing is now secured, which was not liquid under previous regulatory terms. ”  [end of quote]

 

- It should be noted that Regulation (EU) No. 1299/2014 mentions in article 11 “Repeal” that “Commission Decisions 2008/217 / EC and 2011/275 / EU are repealed, with effect from 1 January 2015 ”, that is, Regulation 1315/2013 has not been repealed.  Thus, in our opinion and in relation to the Main Network [1]  or Core network, whose requirements are set out in article 39 of Regulation 1315/2013, already cited, the rule provided for in article 39 remains unchanged as       “iv) nominal track gauge for new railway lines:  1435 mm, except in cases where the new line is an extension of a network whose gauge is different and separated from the main lines of the Union”.

 

- The maintenance of the exceptional situation of the current Portuguese network has in fact a “rationale” that is in direct contradiction to the purposes of the Union's policy in this and other matters: as already mentioned, in an interview with the TSF radio station on 20 October 2018, then Minister of Infrastructure and now MEP Pedro Marques, stated, in the context of free access to the rail transportation networks of passengers in the European Union (decided in 2013 and to be implemented at the beginning of 2021), that part of the competition, however, is excluded from the start because there is a "natural protection": the Iberian gauge. As already mentioned, in addition to the profound contradiction of this anti-competitive position, which aims to establish a restriction of effects equivalent to a prohibition of competition on the Portuguese market, serious consequences for Portuguese exporters (and Europeans as a whole, when exporters to Portugal) result from this position. In order that local rail operators are protected in their natural market, all other European rail operators find themselves impaired in the ability to move goods in the European economic space.

 

- It is therefore sustainable that certification as interoperable within the Core Network of European Union of Portuguese railways, of lines in Iberian gauge (1668 mm), in itineraries of the Atlantic Corridor of the Core Network, violates the principles contained in article 170 of the Treaty on the Functioning of the European Union, TFEU

( https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A12012E%2FTXT    ) and, more specifically, the ban of aid affecting trade between Member States contained in Article 107,1, of TFEU [2] , as it is very clear that the maintenance of the Iberian gauge, according to the Portuguese Government, aims to protect CP from competition [3]  , creating an artificial barrier protection of the incumbent in detriment of potential competitors.

 

- It is up to the European Commission, under Article 108 of the TFEU, to control the compatibility of this aid with the internal market, our understanding being that in addition to the enormous damage that this form of aid to CP causes to the Portuguese economy, violates the competition rules and free market access imposed by EU Treaties.



[1]  Artº 38º, 1, of Regulation 1315/2013:  The core network, as shown on the maps contained in Annex I, shall consist of those parts of the comprehensive network which are of the highest strategic importance for achieving the objectives of the trans-European transport network policy, and shall reflect evolving traffic demand and the need for multimodal transport. It shall, in particular, contribute to coping with increasing mobility and ensuring a high safety standard as well as contributing to the development of a low-carbon transport system.

 

[2] Article 107 (ex Article 87 TEC) 1. Save as otherwise provided in the Treaties, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the internal market

 

[3] Furthermore, an understanding with the Spanish RENFE is implied. See the interview of 20 October 2018, already mentioned.

 

Sem comentários:

Enviar um comentário

Alguns argumentos contra a construção de raíz das ligações ferroviárias à Europa em bitola europeia

  ALGUNS ARGUMENTOS CONTRA A CONSTRUÇÃO DE RAÍZ DAS LIGAÇÕES FERROVIÁRIAS À EUROPA EM BITOLA EUROPEIA O PRR prevê q...