Work has been going on in the European Union since the early
1990s to construct a uniform rail system in Europe. The aim of the
work is to increase the efficiency and competitiveness of the
railways in relation to the other forms of transport. Currently,
cross-border rail transport is obstructed by the fact that the
European market is divided into national networks based on
different technical solutions and governed by different national
rules. To overcome these obstacles, the EU has presented a number
of sets of rules known as “railway packages”.
The EU’s railway packages
The railway packages consist of a number of directives aimed at
harmonising the rules of the various member states. Generally a
directive is not effective immediately; it must be incorporated
into national law to have effect. Sometimes the member state
already meets the requirements laid down in a directive. In such
cases no action need be taken. In other cases the member state must
implement the directive within a given time. To implement a
directive, the member must legislate, issue regulations or
otherwise make sure that the intended results of the directive are
achieved.
Up to now, the EU has issued three railway packages. Two have
been adopted and will be incorporated into the national rules,
whilst the third is being processed. There are also additional
proposals from the Commission on the free movement of locomotives,
etc. (“Package 3.5”).
The first railway package was incorporated into Swedish law
with, among other things, the coming into force of the new Railway
Act on 1 July 2004. Work on incorporating the second railway
package is currently in progress.