Regulation of sectors with public subsidy - CERRE Forum Dr Pierre MESSULAM Director for Rail Strategy and Regulation

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Regulation of sectors with public subsidy - CERRE Forum Dr Pierre MESSULAM Director for Rail Strategy and Regulation
Regulation of sectors
                                  with public subsidy

                                  CERRE Forum

                                  February, 24th 2011

          Dr Pierre MESSULAM
Director for Rail Strategy and Regulation
       (pierre.messulam@sncf.fr)
Regulation of sectors with public subsidy - CERRE Forum Dr Pierre MESSULAM Director for Rail Strategy and Regulation
Place of the railroad within national preoccupations

    Railroad industry was historically unable to sustain an approach based only on strengths of the
     market.
     Facing financial difficulties Railroad companies in the middle of the 20th century were poised to
     pass under European States direct control to assure the perpetuity of the rail sector.
    Indeed, public policies are concerned by Transportation for an array of issues :
         Economic life of territories,
         Well being of their inhabitants
         National safety (and warfare)
    Public subsidy is consequently part of the economic equation of the sector.
    But what is today the role of the market? How could market give insights of opening process of
     the rail sector defining best services to the best price for customers' largest number ?
    By the way, who are the customers of the rail sector ?

     These questions, with a strong political impact dealing with complex technical and financial
     issues, demand a public policy and a regulation doctrine to implement it.

CERRE Forum - Dr Pierre MESSULAM                      2 sur13
Regulation of sectors with public subsidy - CERRE Forum Dr Pierre MESSULAM Director for Rail Strategy and Regulation
Whatever choice of public authorities, european railroad industry requires public subsidy
  (ref 2008, 2009)

                  Sources of financing of railroad systems

 100%

  90%

  80%                                          1,4
           10,0            10,0
  70%                                                                                  8,6
                                                                                                      1,8
                                                                    5,4
  60%

                                               0,3
  50%

  40%
            4,2                                                                        0,7
                            4,6
  30%
            0,0                                1,7                                                    0,5
  20%                                                               1,1
                            1,0                                                        4,9
  10%
            4,8
                            3,0                                     1,1                               0,4
   0%
            DBA G         SNCF/RFF            Sw eden        Sw itzerland         Great Britain   Czech Republic

                         Public subsidy Md€                       Debts Md€

                         Regional services sales Md€              Customer sales Md€

CERRE Forum - Dr Pierre MESSULAM                        3 sur13
Regulation of sectors with public subsidy - CERRE Forum Dr Pierre MESSULAM Director for Rail Strategy and Regulation
Various sources of financing the railroad system in Europe – Facts & Questions.

    All the systems benefit from public subsidy
         But in variable proportions
         With a partition of the participants reflecting the choice of States

    The market matches only part of the economic model
        The largest customer’s profit is not affordable through sole regulation of the railroad
         companies (never neglect weight of the public financing)
        Regulation shall have leverage on public authorities.

CERRE Forum - Dr Pierre MESSULAM                     4 sur13
4 big types of stakeholders interacting through economically non consistent equations. What is
  Regulation dealing with ?

       The 4 stakeholders are :
           The railroad infrastructure manager (IM)
           The Rail Station manager
           The Harbour facilities manager
           The Railway Undertaking (RU)

       Their economic models and their performance levers are different

CERRE Forum - Dr Pierre MESSULAM                     5 sur13
Economic models are based on somewhat contradictory goals and means.
                                    Revenues / Charges                            Ways & Means
                               +Sale of access track charges         Maximise the revenue (yield)
                               - Maintenance of the network          Creation of profitable new infrastructures
       Rail Infrastructure
        Manager (IM)           - Investments (renewal, creation      Eliminate superfluous infrastructures
                               new lines)                            R*D to lower the costs (limited lever)

                               + Access fees                         Latent capital gain (increase in value) of
                               + Valuation of spaces                 the property around the station
      Rail Station Manager
              (SM)             - Maintenance
                               + Volume of traffic                   Quality tracks for best connection with the
                               - Maintenance of access roads         Hinterland
         Harbour facility
         Manager (HM)                                                Improve efficiency harbour facilities

                               + Sales to customer                   Combine efficiently the costs of production
                               - Distribution cost                   Develop products / services
      Railway Undertaking
             (RU)              -- Cost of Infrastructure

  The profitability of an RU is largely dependent on decisions of the IM (tolls and distribution of
  capacities which has a direct impact on the rate of use of Train sets))
CERRE Forum - Dr Pierre MESSULAM                           6 sur13
The complex relations between the player

 Interactions / need of each stakeholder. Railway Undertaking bundles all, while facing the customer.
                                                                                                      Be
                                        w
                                     flo n    Infrastructure Manager                                 wit st co
                                  rk tio                                                                h t nn
                                 o                                                                         he ect
                                w ma                                                                         Hin ion

                                                            Distribution of capacities
                              n    r                                                                            ter op
                          t io nfo                                                                                 lan po
                         a i                                                                                          d   rtu
                      r m er                                                                                                 n                itie
                    fo g                                                                                                                          s
                t in sen
              s s
            Be r pa
              fo
                                                                                                                                         Harbour Manager
   Station Manager
                                                                                                                                 ig ht
                Best                                                                                                       f fr e
                                                                                                                       o
                        spot
                             wit               Railway Undertaking                                             a t ion
                                                                                                              z
                                   hin t
                                         he S                                                          h r oni
                                              tatio                                                   c
                                                                                                   syn

                                                                                                                                          n
                                                   n
    Ac ime

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                                                                                                                                 ce ma
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             in & s

                                                                                                                             & in
                                             Service schedule /
               fo e

                                                                                                                            k e
                 rm rv

                                                                                                                          ac rat
                                             Ticketing / billing / On
                   at ice

                                                                                                                       (tr cu
                     io s

                                             time information / ETA -

                                                                                                                          Ac
                       n )

                                             Estimated Time of Arrival

                                                       CUSTOMER

CERRE Forum - Dr Pierre MESSULAM                                                         7 sur13
All stakeholders are linked in a value chain

       The railroad undertaking is the only one to know the final customer / the market, but it
        depends on 3 other players and on their costs.
       There are few player but they are bound and participate in the value created by the sector
       The role of the regulatory body will thus be to :
           define the rules of sharing of the created value. What will be the part for the RU ? What
            will be the incentive for a new entrant (RU)?
           Watch (garanty?) the economic viability of each of the players (generate a sufficient
            profitability to attract the capital)
           Build an economic and political frame in the long term which assures an optimal
            allocation of the available resources according to the political vision of transport carried
            by public authorities
                 Vitality of the economic exchanges
                 Environmental protection
                 Improvement of the well fare of the inhabitants
                 Conditions allowing the capital to turn to this sector

CERRE Forum - Dr Pierre MESSULAM                       8 sur13
Specificities of the railroad sector

      Extremly low liquidity of assets: very difficult to redeploy or to sell or lease ? Premium of
       the low liquidity / risk of overcapacity
      Very long life cycle of assets
      In spite of the public subsidy, a sector globally with negative outcome
      A need of considerable investment for the renewal of railroad infrastructures but also of
       the rolling stock
      A lack of sources of funding (private as public)
      New Constraints (externalities) which increase the costs
      A necessity for the Regulatory body to act at once on the players of the market and the
       political player
      A necessity of defining well the part of the sector which reasonably must be opened to
       the market and the one who has to recover from the political power

CERRE Forum - Dr Pierre MESSULAM                     9 sur13
The Regulatory Body carries both the role of a referee towards each stakeholder and the
  role of global system consistency on short and long term.
                                 The regulation can / should concern the following points
       Rail Infrastructure       Pricing of the infrastructure access
        Manager (IM)             Cycles of allocation of capacities
                                 Stakes at micro economical level ( real costs)
                                 Stakes at macro economical level (Share of added value between IM and RU)
     Rail Station Manager        Equity of treatment between RU
             (SM)                Sharing of value created by increase of the pole of exchange between SM, IM,
                                 RU
    Harbour facility Manager Carry vision on long term, in particular for structuring projects for HM and RU
             (HM)

      Railway Undertaking        Fair treatment versus other RU
             (RU)                Harmonization of rules of competition, in particular for social matters
                                 Need for stability in the conditions of access to the essential resources
                                 (Infrastructures (tolls, slots), Stations
                                 Need for stability of the technical standards (stopping excessive specification
                                 (example ERTMS) to ensure capital costs.
   Public authorities            Global vision on long term (the issue of saturation and closure of lines)

CERRE Forum - Dr Pierre MESSULAM                          10 sur13
The role of the Regulatory Body in this complex system is crucial

    The socio economic context, although favorable, is insufficient to create an economic
     dynamics compatible with the political stakes without the stabilizing action of an active and
     powerful regulatory body.

    The opening of the market, the progressive dismantling of monopolies to tip over the sector
     to a logic of market obliges to adress new ways on :
             The global balance in the economy of the sector taken in general, if we cannot

               count any more on same public subsidy
             The economic frame allowing the RU to pay off invested capitals and cover risks

               which they carry
             The institutional or economic mechanisms which allow an adequacy of the

               behavior of the RU with a vision of general interest carried by public authorities

CERRE Forum - Dr Pierre MESSULAM                   11 sur13
The role of the Regulator in this complex system is crucial

      This requests to :
              reexamine the political and economic regulation of the sector by public

               authorities
              define the rules of the game between Infrastructure Managers and the

               Railway Undertakings
              define the modalities of competition between operators

CERRE Forum - Dr Pierre MESSULAM                 12 sur13
Some questions for discussion

    Do the statutory texts and the action range of the Regulatory body allow
     to resolve the global equation ? If not, what should be added ?

    Transport is to some extent a basic commodity for citizens’ daily life.
     How is it possible to both open concurrence and regulate market
     behaviours while ensuring global public interest ?

    Public intervention seems to be doomed to go on in the industry : How
     could we have it framed for the sake of a consistent European Policy ?

CERRE Forum - Dr Pierre MESSULAM          13 sur13
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