Activities
Legal aspects
As a specialist court, RailCom issues rulings within its area of jurisdiction on complaints from railway undertakings and other companies for the elimination or omission of discrimination. For example, it can remove or amend discriminatory provisions in the network access agreement, network statement or list of services.
Also, as a supervisory authority, RailCom conducts ex officio investigations and takes measures to ensure there is no discrimination.
Within its remit as a supervisory authority, it has gradually introduced the instrument of 'ongoing supervision' in recent years. This aims to ensure any discrimination is identified and eliminated at an early stage in interaction with the railway industry. Measures are drawn up and implemented with the participation and consultation of the relevant stakeholders.
RailCom competencies per area of responsibility:
| Competencies | |||
Complaints | Ex officio investigations | Market monitoring (accompanying supervision) | ||
| Area of responsibility | Network access in the broader sense (incl. system tasks and right of participation in investment planning) | x | x | x |
Access to intermodal freight terminals and sidings | x | x | x | |
Access to last-mile services | x | x | x | |
Market monitoring
As part of its market monitoring activities, RailCom assesses whether there is any potential for discrimination in its areas of responsibility. On an annual basis, it monitors
in particular the network access conditions that apply to the timetable period, the train path allocation in the annual timetable, the areas of responsibility and operational procedures in the marshalling yards, and access to subsidised intermodal freight terminals. RailCom also performs other key activities during each business year.
Market surveillance
As part of its monitoring activities, RailCom observes and analyses current developments and events on the Swiss railway landscape. In addition to the general economic and technical framework conditions, RailCom is particularly interested in observing developments in the largely deregulated rail freight transport sector.
RailCom documents the results of its observation activities in a series of fact sheets.
International affairs
RailCom cooperates with other regulators at international level, particularly in connection with freight corridors (RFC North Sea–Rhine–Mediterranean (NSRM)).
- International Regulators’ Group-Rail (IRG-Rail): IRG-Rail promotes cooperation among national regulators and facilitates the development of a single European railways market. This includes information exchange to coordinate implementation of the European regulatory framework and to develop best practices for non-discriminatory network access. As a founding member, RailCom participates in particular in the area of network access.
- European Network of Rail Regulatory Bodies (ENRRB): Based on Directive 2012/35/EU (amendment to the first Railway Package), EU regulators are members of the European Network of Rail Regulatory Bodies (ENRRB). RailCom is admitted as an observer. The ENRRB seeks to provide information on the latest legal developments in EU regulation and consult the regulators concerned, and also to exchange views on decision-making principles and practice on the application of the law.
- RailCom participates as necessary in meetings with RailNetEurope (RNE), the European Commission (DG for Mobility and Transport) and other interested parties.