Transport legislation
The NMa regulates the transport industry under various laws, with each of them covering a different segment of the industry.
Dutch Railway Act
The Dutch Railway Act came into force in 2005. It regulates fair pricing and access to the market. With the introduction of the Act, the Netherlands follows EU Directives 91/440/EC (in Dutch) and 2001/14/EC (in Dutch). The Dutch Railway Act makes a distinction between infrastructure management and traffic operations. The Act regulates competition on the railway network for freight companies, as well as competition off the railway network for passenger companies.
Next to the Dutch Railway Act, other regulations apply, including Orders in Council, Decisions, ministry regulations, as well as a management concession for infrastructure management.
The Dutch Railway Act provides for a complaints procedure.
Dutch Aviation Act
The Dutch Aviation Act came into force in 2006. It has been amended multiple times since. The Dutch Aviation Act covers regulation on the tariffs and conditions for the services that Amsterdam airport Schiphol provides to airlines. These are services for aircraft take-offs, landings and parking, as well as for passenger and baggage-handling, and for passenger and baggage security. Schiphol must consult in advance with users about tariffs and conditions of those activities. Schiphol must explain to users the cost components of the aviation-related activities. But Schiphol is not required to have the NMa approve the set tariffs and conditions in advance.
The Dutch Aviation Act provides for a complaints procedure.
Dutch Pilotage Act
As part of the Dutch Pilotage Act, the Market Oversight Registered Pilots Act came into force in 2008. Rules on the NMa’s regulatory activities are laid down in the Market Oversight Registered Pilots Act. We regulate the tariffs and conditions on regulated services the registered pilots provide, such as piloting maritime vessels. The reason for introducing the act was that tariffs must be cost-based, reasonable and equal for everybody. Another effect of the act is the reduction of cross-subsidies between Dutch seaports, and it offers the opportunity to reduce cross-subsidies at seaports between large and small vessels, and between short and long distances. Furthermore, the act resolves pre-pensions issues from the past (the so-called back-service).
Background information
Dutch Passenger Transport Act 2000
The Dutch Passenger Transport Act 2000 contains rules regarding a number of public-transport categories: buses, trams, subway, trains, and demand-responsive bus and taxi services. In addition, the Act regulates oversight on trams, subway, and municipal and regional buses in the three major Dutch cities of Amsterdam, Rotterdam and The Hague. The Act aims to make public transport more efficient, and to increase ridership. These aims are to be achieved through concessions and periodic tendering thereof.
Transport companies must have a concession in order to be allowed to operate public-transport services. Concessions grant exclusivity on public transport operations within a certain area or on a certain route. However, this exclusive contract is only valid for a certain amount of time. Once the concession expires, it must be tendered again: different transport companies can thus vie with one another for the new concessionary period. This creates competition between public transport companies. Competition in the public transport market has thus become reality. In certain cases, by way of exception, concessions may be granted without a tender, for example, like Dutch Railways NS has one for the main railway network. The Dutch Passenger Transport Act 2000 does not provide for any complaints procedure.
