Spanish Railway Licensing, Infrastructure Fees, RENFE & PEIT

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Who can provide rail services?

Only companies licensed by the Ministry. Revised every five years, the license must be registered and valid in the EU. Companies must provide traction and be registered as S.A.s when required. Except for the operator RENFE, applicants must demonstrate the financial capacity to meet obligations for 12 months and must employ professional, liable staff. RENFE has six months to apply for the license and two years to approve personnel.

Material and service providers must obtain a security certificate in advance (issued by ADIF or another entity authorized by law) covering movement, safety and material characteristics.

Special tax regime and economics

What does it cost to be a railway undertaking (RU)? Businesses must pay a license fee for passenger safety. There are surveillance and access control costs for persons and baggage, depending on kilometers, service and modality. There is also a fee for the approval (homologation) of training centers and staff.

Fees for use of infrastructure: Why pay?

Infrastructure fees (EEFF) are charged for using infrastructure integrated into the rail network and stations. Charges concerning the rail network include four main components:

• Access — the right to use the infrastructure.
• Reserve capacity — availability of the requested train path.
• Movement — charges for the use of reserved capacity during circulation.
• Charges that vary depending on traffic and circulation.

For passenger services there are five types of charges: use of platforms, large passage through interchanges, use of sidings, service domain charges for public rail use, and other related access fees. ADIF also charges for additional and auxiliary services to third parties under competition and private law, and for commercial use of facilities and available spaces.

Liberalization of rail services

Any company (including international companies from EU Member States) has had free access to the rail network to provide freight services since the law entered into force (from 2006). For passenger services, the EU market opening applies progressively; until that market opens, RENFE has held a monopoly in certain passenger segments under the land transport law (LOTT).

Strategic Plan for Infrastructure and Transport (PEIT)

Approved on 15 July 2005. The plan defines the medium-term performance model for infrastructure and transport (2005–2020). It prioritizes the railroad, which concentrates more than 48% of total investment (250,000 million m€; approx. 15,500 per year). PEIT is part of developing an intermodal freight and passenger system, and is central to Spain's future development and competitiveness by achieving an efficient transportation system.

Law 39/2003 (17 November) — the railway sector

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