The National Commission of Markets and Competition (CNMC) has granted Adif a maximum period of three months to detail what actions it has implemented or plans to implement in order to free up capacity on the sidings of the freight terminals. This is stated in a resolution from the regulatory body dated July 20, which Europa Press has accessed.
The procedure originates from a complaint filed on January 28 by the private company Low Cost Rail (LCR). In it, the company warned of alleged discriminatory practices and a lack of transparency on the part of the public infrastructure manager, after several already scheduled maneuvers at the Córdoba Mercancías terminal were canceled.
After analyzing the case, the CNMC has confirmed up to three refusals from Adif to grant capacity for maneuvers to LCR at that Andalusian terminal. Although those operations eventually took place, the initial rejections caused significant delays and the loss of railway slots, which translated into higher costs for rolling stock and personnel for the operator.
The supervisor rules out that there is an openly discriminatory treatment towards this operator by Adif. However, the resolution emphasizes that it does not conform to the regulatory framework that allows external material to the production cycle or out of use to occupy up to seven tracks at the Córdoba terminal, as this restricts and delays the circulation of trains that do have an assigned slot.
To correct this bottleneck and reinforce the efficiency of freight rail transport, the CNMC urges the infrastructure manager to design effective incentives that encourage owners to prioritize the removal of non-operational material from congested terminals.
Among the instruments that Competition proposes to accelerate the clearing of these formation and maneuver tracks are the review of the fees for the use of the sidings, as well as the incorporation of new criteria in the declaration on the network that penalize the prolonged presence of inactive wagons.
The decision of the Regulatory Supervision Chamber exhausts the administrative route. From its notification, Adif has two months to present, if it deems appropriate, a contentious-administrative appeal before the National Court against the requirement made.