European and Portuguese Rail Transport Legislation

Transport is a fundamental activity for the economy and society and mobility is vital for the domestic market and for the quality of life of inhabitants, allowing them to travel freely. Transport enables economic growth and creates employment and as such it is important to promote its sustainability, in light of new challenges. Considering this is an intrinsically international activity, effective intervention in this field requires smooth international cooperation.

The European Union (EU) transport policy aims to ensure efficient, easy, safe and straightforward transport for passengers and goods throughout the EU. This is to be achieved by means of integrated networks, involving all modes of transport, and by guaranteeing sustainable mobility, i.e., the existence of energy-efficient conditions and accessibility and mobility choices, minimizing the environmental impact while offering safe and comfortable travel, at affordable prices and acceptable schedules.

EU policy also addresses a range of issues such as territorial cohesion, climate change, passenger rights and clean fuels. In this sense, the Transport policy, regulated within the scope of the Treaty on the Functioning of the European Union, is one of the EU’s most strategic common policies. It is developed to generate growth and employment, to reduce dependence on oil and to reduce the rail sector’s carbon emissions by 60% by 2050.

Keeping these goals in mind, the European Union has sought to promote rail transport for passengers and goods by investing in rail infrastructure, encouraging transparency and separating infrastructure management and transport operations. It aims to implement a single market that stimulates competition, mobility, multimodal transport and territorial and social cohesion, while providing high-quality services for people.

To this end, the EU has introduced legislation to promote a common regulatory framework, which, after being transposed to national legislation, ensures that each Member State contributes to the European vision in the following manner:

  • Existence of a competitive European rail network for transporting cargo;

  • Rail safety on a European Union scale;

  • Compatibility of EU rail systems;

  • Interoperability of rail systems in the European Union;

  • Interoperability of telematics applications for the EU rail system cargo services;

  • Existence of a single rail network for Europe;

  • Existence of state aid for rail transport companies;

  • Guaranteeing the public service of passenger transport;

  • Guaranteeing the rights of passengers using the rail services;

  • Existence of work conditions for cross-border train crews;

  • Certification for train and locomotive drivers.

Under this legislative framework, four ‘rail packages’ are worthy of note, which were adopted by the European Union between 2001 and 2016. The packages consist of a series of directives and regulations, with a view to gradually opening up the passenger and cargo rail transport market, implementing a Single European Railway Area.

As legislative tools, the railway packages marked the restructuring of the European rail system, introducing new models such as allowing rail companies to access the rail infrastructure of all Member States of the European Union in a transparent and non-discriminatory manner to operate transport services. They also ensured greater independence for infrastructure managers, especially with regard to performing essential functions, for rail companies to have equitable access to rail infrastructure and to reinforce and develop passenger rights, to be guaranteed by any operator.

In short, the national legislation and the main choices and priorities underlying the public Transport policy reflect a national response to a European challenge. They aim to ensure high-quality public transport and to add value to the rail transport sector’s contribution to the nation’s economic, environmental and social sustainability, considering the invaluable role the sector plays as a factor for territorial cohesion, with transversal impacts on various sectors of the economy that depend on transport networks.