New rules for admission of foreign rolling stock onto the Polish rail market

On 14 June 2011 the Polish government approved a bill to amend the Rail Transport Act in order to provide for automatic admission of rail vehicles for operation in Poland if they have been admitted for operation in another EU member state.

The purposes of the proposed changes are to assure the interoperability of the rail system in Poland, expand the application of interoperability to cover the whole Polish rail system, which in practice will mean gradual unification of the rail system throughout the European Union, eliminate technical and procedural barriers at the borders between Poland and other EU member states, and harmonise laws in this area.

Under the bill, a permit for operation of rolling stock will be issued if it meets the requirements set forth in the Technical Specifications for Interoperability and holds a permit for operation in the territory of another EU member state.

The bill would introduce a new rule of automatic admission of rolling stock for operation, under which any rail vehicle holding an initial admission to operation in the territory of one EU member state will automatically be deemed admitted in the territory of Poland if no decision is issued by the president of the Polish Rail Transport Office within a specific time.

Klaudia Przybyłowicz, Infrastructure, Transport & Public Procurement (PPP) practice, Wardyński & Partners