IRG-RAIL APPROVED AN UPDATE REPORT ON THE REVIEW OF REGULATORY BODIES’ COMPETENCIES AND REMEDIES
The Plenary Assembly of the Independent Regulators’ Group - Rail has approved on the 27th of May the Update Report on the Review of Regulatory Bodies’ competences and remedies.
The survey carried out collected information on 27 responses on the competences and 23 answers regarding remedies.
The responses show a variety of remedies ranging from formal binding decisions that require parties to do, or cease to do, something, to sending informal letters, giving directions or even exercising mediation. All RBs can impose financial penalties, but they can also apply recommendations or guidance documents to clarify areas of regulation. Regarding the power to make enforcement decisions for current or future issues, the report reveals that 100% of RBs can enforce decisions on current or past issues and that 55% of RBs have the power to make decisions or take measures in relation to issues that may arise in the future, so to prevent non-compliance. Financial penalties require further and more detailed exploration as most RBs have the power to impose financial penalties on both infrastructure manager and railway undertakings, but fines’ threshold vary substantially and the level of the penalty is based on nature, severity and duration of the offence.
Oporto, 27 May 2019