The European Commission has criticized Spain for failing to transpose a key European directive into national law and for not fully implementing it. The complaint centers on the single European rail zone and the way Spain regulates the infrastructure manager, ADIF, and access fees. Brussels argues that the Spanish regulatory framework breaches several provisions of the directive, including how fees for using railway infrastructure are set, how railway companies are managed on commercial terms, and how contractual agreements are prepared and executed.
The infringement procedure began in May 2018 when the Community Management opened the case. The Spanish government responded eight months later, stating that some issues identified by Brussels had been addressed with a new law, while others still required adjustments. The Commission replied in due course with a reasoned opinion, the second step in the procedure, which prompted Spain to outline further measures. This week, the decision confirms that the rule has not yet been fully implemented.
A technical analysis by the Commission shows that although Spain has amended its legislation on how infrastructure usage fees are determined to align with the directive, the new system is not yet operational. The infrastructure manager ADIF now has a sufficiently independent role in setting charges, yet a transitional clause within the Spanish law suspends the applicability of the new rules until ADIF approves and publishes the corresponding provisions. The Commission attributes this delay to Brussels, noting the risk that the old system could remain in place into 2024 and 2025, delaying reform and potentially preventing rail operators from contesting access fees.
Lack of deadlines and independence
The Commission also found that Spanish legislation does not introduce clear obligations for timely action. It warns that without concrete deadlines, the risk exists that railway access fees could effectively become a tax, with implications for market access and the competitiveness of rail services. The Commission suggests that the 2024 and 2025 national budgets will reflect these changes, but until then the reforms risk remaining incomplete and the old system continuing to govern access costs.
Another concern raised by Brussels relates to the independence of boards overseeing railway infrastructure management and the related railway companies. Given the structure of board appointments by the Ministry of Transport and the rules governing ministerial influence, there is worry about potential sway over board decisions, including those that affect ticket prices. The Commission notes that the contractual agreement between the Spanish Government and the infrastructure manager lacks several essential elements. It highlights the absence of clear indicators of efficiency and of key performance indicators to track changes in access costs, raising questions about accountability and long-term reform impact. The overarching message is that without strong governance and transparent contractual terms, Spain may struggle to achieve true market liberalisation in the railway sector, as outlined by the directive.