Transport regulation
Transport markets with little or no competition
The transport industry enjoys a special position in the NMa’s work. A number of transport markets have little competition, or even none at all. For example, there is only one rail network, which is managed by a single agency. This particular example is considered a natural monopoly: the network infrastructure manager has no competitors. That is why there are rules that stimulate the infrastructure manager to act as if it had competitors. The NMa enforces compliance with these rules. We protect the railway companies that wish to gain access to the network.
The companies that we regulate
The companies that we regulate, the so-called regulated parties, are network infrastructure manager ProRail, the pilots in the Dutch ports, and the public transport companies in Amsterdam, Rotterdam and The Hague (the three biggest cities in the Netherlands). In addition, we regulate the tariffs that Amsterdam airport Schiphol charges airlines for services related to aviation activities, and we also regulate the requirements the airport imposes on airlines that wish to fly from and to Schiphol.
Regulation
As already mentioned, we regulate four transport markets. That means we monitor whether transport companies in these four markets comply with transport laws (see: Transport Legislation). The NMa has a different role in each of those markets. Regulation of the pilots, for example, involves much more than the regulation of the public transport companies in the three major Dutch cities. In the pilots’ case, we determine the pilotage tariffs, and we set the service quality standards.
The tariffs that ProRail can charge, for example, Dutch Railways NS and the rail freight companies for using the rail network are determined by the parties themselves, but the NMa enforces the agreements that are made regarding the tariffs. Furthermore, the NMa regulates the allocation of railway capacity: what transport companies (passenger and freight) are allowed to use the rail network and when? Is capacity allocated fairly?
In the aviation industry, too, we monitor the costs that Schiphol charges for, for example, take-offs and landings, and for passenger and baggage-handling, and we check whether the conditions that Schiphol imposes on airlines are fair. The method that Schiphol uses for allocating costs to its tariffs requires our approval, and we check whether the tariffs of Schiphol are fair. We do this when airlines ask us to do so or when the NMa suspects there is something wrong.
Capacity allocation by ProRail
If network infrastructure manager ProRail has not allocated rail capacity among the rail companies in a fair manner, the NMa can impose on ProRail a fine or an order subject to periodic penalty payments. The latter means that the NMa gives ProRail an order that it must comply with, for example, to allocate capacity to another company. If ProRail fails to do so within the period the NMa has set, ProRail has to pay a fine every day or every week until it has complied with the order.
Requirements on regulated parties
Dutch Passenger Transport Act 2000
Every year, the NMa requests the municipal public-transport companies in Amsterdam, Rotterdam and The Hague to submit a statement demonstrating that it does not use any revenues (such as subsidies) to fund commercial activities. That would be unfair competition vis-à-vis companies that want to engage in commercial activities, but do not have any revenues such as subsidies.
Dutch Aviation Act
The method that Schiphol uses for allocating costs to its tariffs requires the NMa’s approval. Schiphol sends the NMa a draft proposal for that method, which the NMa will examine and check whether it meets statutory standards. Only when the entire system has passed that test, the NMa grants approval. In addition, at least once every year, Schiphol sets new tariffs and supply conditions. These tariffs and conditions are always sent to the NMa. Airlines that do not agree with the tariffs and conditions can request the NMa to assess whether they comply with the Dutch Aviation Act. The NMa is required to comply with such requests, and can request Schiphol all relevant information for such an investigation. In addition, in cases where the NMa suspects that Schiphol has violated the Dutch Aviation Act, it can launch an investigation of its own accord and request all relevant information.
Dutch Railway Act
Every year, the rail network infrastructure manager (ProRail) draws up a network statement. It includes the tariffs and access conditions. ProRail sends the NMa the Network Statement. If railway companies that wish to use the rail network do not agree with the tariffs or conditions, or with the requirements that ProRail sets on them, they can request the NMa to issue a ruling on such a matter. In that case, the NMa can request ProRail to provide all the necessary information. In addition, the NMa can launch an investigation of its own accord into ProRail’s behavior. In such cases, too, is ProRail required to provide the NMa with all the necessary information.
Dutch Pilotage Act
With regard to the pilots in the Dutch ports, the NMa sets a system that the pilots can use to allocate costs to tariffs. In addition, the NMa annually sets the pilotage tariffs. The pilots send the NMa a tariff proposal. The NMa review the proposal, and issues a tariff decision, which may differ from the pilots’ proposal. Furthermore, the NMa annually issues a decision on the maximum profits that pilots are allowed to make, and on the premiums the pilots need to pay in connection with pre-pension reserves.
