The last UIC Legal Group plenary session on 26 May featured a presentation by Professor Karpenschif on the application by the railways of European legislation on public procurements (Directive 2004/17). Building on this presentation, it was decided to establish a dedicated working party to explore the possibilities provided by Directive 2004/17, article 30 for securing opt-outs to the application of said Directive in sectors of the economy which are considered sufficiently open to competition.

The working party met on 10 July at UIC Headquarters, and was chaired by Guy Charrier (SNCF). The following parties volunteered to participate in the group: DB AG, DSB, CP, CER, RENFE, SBB, SNCB, SNCF and TRENITALIA. Following a lively debate, a programme of work was established for the next meeting to take place on 25 September 2009. A questionnaire will be drafted and sent to all the members of the Legal Group to determine whether or not they apply the Directive in their country, and to categorise the criteria used by the European Commission in the decisions it has taken concerning article 30.