As more transport markets have been liberalized, they have been brought within the scope of Council Regulation 1/2003. Furthermore, most of the regulations granting sector-specific exemptions have now been repealed.
More transport and more connectivity generally means more pollution, and transport is responsible for a large share of the EU’s greenhouse gas emissions, with road transport generally responsible for the largest share of these emission. Other sectors, such as maritime and air, pollute significantly less with rail being the least polluting.
Competition policy, and in particular State aid rules, can play a part in contributing to reducing the EU's greenhouse emissions by facilitating and encouraging a move to less polluting forms of travel and to the use of more fuel-efficient means of transport. For example, through the State aid Temporary Crisis and Transition Framework (TCTF) Member States may grant aid to companies to foster the transition to a net-zero economy until the end of 2025.
Whilst rail transport is the cleanest mode of transport it still only accounts for a relatively low share of all transport within the EU. Compared to road transport there are significant disadvantages, with road transport enjoying significantly more fluid ‘last-minute door-to-door’ connections and a simpler regulatory and technical framework. A potential rail entrant has many obstacles to overcome; access to tracks, infrastructure, rolling stock and essential facilities. Although EU regulations provide for fair and non-discriminatory access in practice, the terms of access are not always fair to new entrants. In such cases, the competition rules may be brought into play.
