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Financing Public Transport in Germany Part A: History and Current Regulations Report to the Work Group on Green Travel under the China Council for International Cooperation on Environment and Development Dr. Axel Stein

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Page 1: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

Financing Public Transport in Germany Part A: History and Current Regulations

Report to the Work Group on Green Travel under the China Council for International Cooperation on Environment and Development

Dr. Axel Stein

Page 2: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

2 Financing Public Transport in Germany, Part A

PART A: History and Current Regulations

PART B: Case Study Frankfurt

PART C: Case Study Berlin

The presentation is split into three parts

Page 3: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

3 Financing Public Transport in Germany, Part A

1. Definition of public transport (PT) in Germany

2. Organisation of public transport services

Levels involved, key questions and definitions Background Market organisation today

3. General information on public financing of public transport

4. Differences between both case studies

Structure History and current regulations

Page 4: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

4 Financing Public Transport in Germany, Part A

1. Definition of public transport in Germany

Legal definitions (1)

Public transport = Transport services, that are generally accessible

road-bound (“ÖSPV”): bus, tram, light rail, underground, ferry

Passenger Transportation Act (“Personenbeförderungsgesetz”, PBefG)

rail-bound (“SPNV”): short-distance trains (such as suburban and regional trains)

General Railways Act (“Allgemeines Eisenbahngesetz”, AEG)

Local public transport

average travel time < 1 hour

average travel distance < 50 km

Long-distance public transport

long-distance passenger trains

air travel

coach services

Page 5: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

5 Financing Public Transport in Germany, Part A

1. Definition of public transport in Germany

Legal definitions (2)

Public transport = Transport services, that are generally accessible

rail-bound (“SPNV”): short-distance trains (such as suburban and regional trains)

General Railways Act (“Allgemeines Eisenbahngesetz”, AEG)

Local public transport

average travel time < 1 hour

average travel distance < 50 km

Long-distance public transport

long-distance passenger trains

air travel

coach services

road-bound (“ÖSPV”): bus, tram, light rail, underground, ferry

Passenger Transportation Act (“Personenbeförderungsgesetz”, PBefG)

Page 6: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

6 Financing Public Transport in Germany, Part A

1. Definition of public transport (PT) in Germany

2. Organisation of public transport services Levels involved, key questions and definitions Background Market organisation today

3. General information on public financing of public transport

4. Differences between both case studies

Structure History and current regulations

Page 7: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

7 Financing Public Transport in Germany, Part A

2. Organisation of public transport services Levels involved, key questions and definitions

Operational Level

Policy Level

Key question: What do we want to achieve?

Definition of the General goals: Transport policy, market share, profitability/public transport budget

General definition of the services: Area, target groups, intermodality

Management Level

Key questions: How are we going to achieve that? What services do we need?

Key questions: How do we produce the service? How to manage it?

Definition of the detailed service characteristics: Fares, personnel skills, image & additional services, vehicles, routes, timetable etc.

Selling activities, information to the public, infrastructure management, vehicle rostering, personnel rostering & management, cost controlling etc.

Source: based on van de Velde 2001

Page 8: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

8 Financing Public Transport in Germany, Part A

In the past years legislation on PT has changed considerably:

Since 1996 the 16 states are responsible for management, awarding and financing PT. Since then, award and provision of PT are split between the PTAs and the operators. A further split between political decisions and management of PT leads to three distinct levels in the organisation of PT: strategic, tactical and operational.

The case studies focus on the medium (tactical) level. Approaches to its implementation differ regionally:

traffiQ: first case study Frankfurt, CNB: second case study Berlin.

2. Organisation of public transport services Historical background

Page 9: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

9 Financing Public Transport in Germany, Part A

Germany 82 million inhabitants, 360.000 km2 229 inhabitants per km2

Federal parliamentary republic – Levels of government 16 federal states

403 districts (2009)

301 rural districts 102 urban districts

municipalities

Market share of municipality-owned operators (Source: Federal Statistical Office)

bus operators: 79 % of all passengers; 69 % of all vehicle-km tram operators: 99 % of all passengers; 99 % of all vehicle-km

2. Organisation of public transport services General facts

states differ widely in size and population!

municipalities differ widely in size and population!

Hesse: 21.000 km² 6.1 million inhabitants Berlin: 892 km² 3.5 million inhabitants Frankfurt: 248 km² 0.7 million inhabitants Berlin: 892 km² 3.5 million inhabitants

Page 10: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

10 Financing Public Transport in Germany, Part A

Federal states are responsible for financing and organising public transport.

All states – with exception of the three city states of Bremen, Hamburg and Berlin – delegate responsibility further to urban and rural districts.

Districts can cooperate or can delegate responsibility to a joint institution.

Federal states as a matter of decentralisation

Bavaria Baden-

Württemberg

Mecklenburg-Vorpommern

Lower Saxony

Saxony-Anhalt North

Rhine-Westphalia

Brandenburg

Saxony Thuringia

Hesse

Rhineland-Palatinate

Saarland

Bremen

Berlin

Hamburg

Schleswig-Holstein

2. Organisation of public transport services

Page 11: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

11 Financing Public Transport in Germany, Part A

German “multi-authority” regulation and funding

In general, market entry depends on authorisation and, if subsidies are necessary, on the successful award of a contract.

Two different public authorities are responsible:

the regulatory authority (“Genehmigungsbehörde”) for authorisation,

the public transport authority (PTA, “Aufgabenträger”): for awarding respectively contracting.

The general interaction of these authorities and operators is shown on the next slide.

The authorisation results in a de facto-exclusive right.

PT funding comes from different sources, on the basis of different legal sources or even informal funding (see below).

2. Organisation of public transport services Market organisation today

Page 12: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

12 Financing Public Transport in Germany, Part A

PTA “Aufgabenträger”

plans contract for PT service

Publication (including required

standards)

application for commercial transport Operator

Regulatory authority

“Genehmigungsbehörde”

Does the application for the transport service fulfil the published standards by the PTA?

Authorisation; if more than one application: Competition for authori-sation (“best transportation offer”)

no application or all applications rejected

yes

no

2. Organisation of public transport services Interaction of authority and operator initiative

awarding procedure PTA (competitive or direct awarding)

Operator (public service contract)

Operator (“market initiated”)

after PTA publication three-month-period for applications for “market initiated” services starts

e.g. Timetable, fares/tickets and other standards

Page 13: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

13 Financing Public Transport in Germany, Part A

8

160**

37

1*

242

1

5

27

19

10

9

22

27

7

** appr. 80% by 10% of the local PTA

* nullified

Huge differences between the states (1)

2. Organisation of public transport services

Competitive awarding procedures

The figures show the distribution of such procedures published in the Official Journal of the EU by 31st December 2012.

They include competitions for authorisations which were initiated by the PTA.

Source: Own research, KCW GmbH 2013

See also following slide

Page 14: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

14 Financing Public Transport in Germany, Part A

8

160**

37

1*

242

1

5

27

19

10

9

22

27

7

** appr. 80% by 10% of the local PTA

* nullified

Huge differences between the states (2)

2. Organisation of public transport services

Competitive awarding procedures

The figures show the distribution of such procedures published in the Official Journal of the EU by 31st December 2012.

They include competitions for authorisations which were initiated by the PTA.

Source: Own research, KCW GmbH 2013

100% of the regional bus

services in Hesse are tendered

100% of the regional bus

services in the Munich region are

tendered

Page 15: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

15 Financing Public Transport in Germany, Part A

1. Definition of public transport (PT) in Germany

2. Organisation of public transport services

Levels involved, key questions and definitions Background Market organisation today

3. General information on public financing of public transport

4. Differences between both case studies

Structure History and current regulations

Page 16: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

16 Financing Public Transport in Germany, Part A

All in all, financing of public transport in Germany is characterized by

a complex system of different financial sources and instruments, earmarked funds and responsibilities of several stakeholders (see following slides).

The complexity, lack of transparency and possibilities of inefficiencies and windfall gains are debated and criticized continuously.

Some federal states implemented finance reforms in the recent past, to rearrange and simplify their financing structures.

3. General information on public financing of PT General remarks

Page 17: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

17 Financing Public Transport in Germany, Part A

3. General information on public financing of PT Financing practice in Germany (traditional)

Simplified and abstracted illustration of the PT funding practices in one single area Source: KCW

publ

ic s

ervi

ce c

ontr

act

“EntflechtungsG”

lateral compensation

Local Authority Traffic Fin. Act (GVFG)

“regionalisation funding” district charge

City in the the municipal PTA’s area

Railway Operator Privatised Federal Rail-way Operator (DB AG)

Local Public Transport Operator

Operator 2, municipal

Operator 1, municipal

reciprocal compensation

Pupils

gene

ral r

ule

infr

astr

uctu

re p

rovi

sion

multi-utility DTV

, HV

(EAV

)

shareholder contribution

lateral compen- sation

tax

adva

ntag

es f

or m

ulti-

utili

ties

perf

orm

ance

a. f

inan

c. a

gree

men

t (L

uFV)

tax

adva

ntag

es f

. pub

lic s

ervi

ce c

ontr

acts

paym

ents

acc

ordi

ng t

o §§

145

ff. S

GB

IX

railw

ay e

xpan

sion

act

(BS

WAG

)

Best

ellg

aran

tie

railw

ay c

ross

ing

act

(EBK

rG)

infr

astr

uctu

re

publ

ic in

vest

men

t fin

anci

ng (

GVF

G)

paym

ents

acc

ordi

ng t

o §

6a A

EG

paym

. ac

c. t

o §

45a

PBef

G

paym

. ac

c. t

o §

145

ff. S

GB

IX

publ

ic s

ervi

ce

cont

ract

infr

astr

uctu

re

initi

ativ

es

Holding

State Transport Social Affairs

Federal Government

Municipal PTA 1 Municipal PTA 2

educat. auth.

Bestell-organisation

SPNV

Regional Transport

Association Local PT

Management

Page 18: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

18 Financing Public Transport in Germany, Part A

3. General information on public financing of PT Funding practice in Germany

Source: CNB (2010)

PT financing in Germany (estimation for 2008, in billion €)

Tax deductions

Investment grants rail

Investment grants bus, tram, metro

Rail operations

Commercial financing from fares (SPNV: 3,14; ÖSPV: 5,55), advertising

Compensation payments (concessionary fares) Bus tram metro

operations

5,34

1,85

2,78

3,05

2,17

8,99

0,43

24,61 Σ

15,62 Σ Public funds

Page 19: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

19 Financing Public Transport in Germany, Part A

Due to a lack of funds, to largely complete PT-networks and to complicated and time-consuming planning processes,

in larger cities only targeted investments (see the following slide) are made, e.g. to construct the tracks for the

light rail “U 5“ in Frankfurt: approved by city council in 2000, ready for use probably in 2020, or for the

underground-extension „U 5“ in Berlin: agreed upon in the so-called “capital contract“ in 1994, ready for use probably in 2019.

Due to infrastructure networks which have been built decades ago,

in many smaller cities with declining population a political debate is going on, whether infrastructure has to be dismantled (in particular regarding tram services in cities with less than 100,000 inhabitants),

in all cities focus is laid on an intensified maintenance of the infrastructure.

3. General information on public financing of PT Infrastructure investments

Page 20: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

20 Financing Public Transport in Germany, Part A

3. General information on public financing of PT Example of Berlin: only targeted investments

Source: CNB (regional train routes not shown)

Projects before 2014 (partly completed)

Projects after 2014

Straßenbahnerweiterung Hauptbahnhof

Straßenbahnausbau Mahlsdorf

Neubau Anbindung Flughafen Berlin

Straßenbahnerweiterung WISTA Adlershof

Neubau Regional-bahnhof Mahlsdorf

Page 21: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

21 Financing Public Transport in Germany, Part A

1. Definition of public transport (PT) in Germany

2. Organisation of public transport services

Levels involved, key questions and definitions Background Market organisation today

3. General information on public financing of public transport

4. Differences between both case studies

Structure History and current regulations

Page 22: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

22 Financing Public Transport in Germany, Part A

Although both traffiQ and CNB can be allocated on the medium, the management level of PT organisation, they show considerable differences, e.g.:

traffiQ is a subsidiary of the PTA, the City of Frankfurt, whereas CNB is a joint venture of the consultancy KCW and the regional PT association VBB.

traffiQ has been assigned sovereign duties of the PTA, whereas CNB does not have any decision-making power at all – it rather does only the preliminary work for the PTA.

traffiQ has wide reaching decision-making competences regarding planning and marketing of PT (among others the management of the award procedure of PT contracts), whereas CNB is entrusted with controlling the services of the municipality-owned BVG (of which the services are directly awarded).

traffiQ has wider range of responsibilities than CNB. Therefore, its staff outnumbers CNB staff by a 70 to 10 ratio.

4. Organisation of public transport services Differences between both case studies

Page 23: Financing Public Transport in Germany · Financing Public Transport in Germany, Part A German “multi -authority” regulation and funding In general, market entry depends on authorisation

23 Financing Public Transport in Germany, Part A

Contact

KCW GmbH Fon: +49 (0) 30/40 81 768 – 88 Berlin Fax: +49 (0) 30/40 81 768 – 61 Bernburger Str. 27 Mail: [email protected] 10963 Berlin Web: www.kcw-online.de

Dr. Axel Stein Consultant