OPINION 1/2004 on the Bills for Royal Decrees adopting the Railway Sector Regulations, the Statute of the Railway Infrastructure Administrator (ADIF) and the Statute of the Public Corporation RENFE-Operadora.
The Council welcomes the referral of the three texts under consideration by the Ministry of Public Works. It expresses its concern as to the model?s economic and financial viability and considers that RENFE?s ?historical debt? should be dealt with in the shortest possible period and that it should not affect the effective opening up of the rail sector. The Council further considers that part of the additional revenue from land sales, not included in the economic memoranda, should be used to benefit the community as a whole (in funding for public projects, state-protected housing, etc.).The Council considers it essential for the transfer of staff and assets be-tween ADIF and RENFE-Operadora to be fluid in a transitional stage, to-gether with coordination between the two bodies. To encourage competi-tion, the Council recommends a review of certain requirements for railway licensing and authorisation and, in general, the procedures for regulating competition. The Council considers that the Bills in question should estab-lish a framework that generates legal security in crucial aspects such as the subrogation of RENFE-Operadora and ADIF in current contracts and cur-rent expenditure and procedures, among others. It also recommends that the introduction of overbooking into the railway sector be reconsidered.