In order to become a member of IRG-Rail it is necessary for a Regulatory Body to satisfy the requirements specified in the Confirmation of Independence and sign the Addendum to the Memorandum of Understanding (MoU). Both documents are available on our website. The Addendum to the MoU proves that a RB as member of IRG-Rail abides by the statutes set out in the MoU.
The criteria for admission and resignation of IRG-Rail members are detailed in Article 4 of the Memorandum of Understanding as follows:
Article 4 — Admission, resignation
1. Admission of Members:
Membership is open to any national independent Regulatory Bodies in the railway sector which at all times:
- regulates its railway market and, in the case of EU members, is the national regulatory authority that has been established according to Article 55 of directive 2012/34/EC;
- is independent of its government, railway undertakings and infrastructure managers as confirmed by the attached confirmation;
- is in a country which is an EU Member State or an EFTA state, which has a liberalised railway market, or an EU acceding country or a candidate for membership of the EU, which is working towards a liberalised railway market (according to the EU regulatory framework), i.e. has opened the market for competitors and has more than one active operator;
- is not subject to ongoing EU infringement proceedings in respect of the first railway package that relate to the insufficient independence of the Regulatory Body from the (incumbent) railway undertaking and/or the infrastructure manager, or to being part of the same ministry that contributes to the control of the state railway undertaking or infrastructure manager.
Please note that one of the criteria is that a Regulatory Body is independent as per Article 30 of Directive 2012/34/EU and that a Member State is not subject of an ongoing infringement proceedings of the Commission in relation of the insufficient independence of the Regulatory Body and that a country is a candidate for membership of the EU, working towards a liberalised railway market, i.e. with a market opened for competitors and with more than one active operator.
The signed documents should be sent to current Chairperson of IRG-Rail. The Chairperson of IRG-Rail will contact the European Commission to seek confirmation that a Regulatory Body requesting the membership fulfils the independence criteria. Upon return of both documents you will receive a notice formally confirming your membership in IRG-Rail.