Arriva: NS concession from 2011 in breach of procurement law – nrc.nl

Economy

Arriva, a subsidiary of Deutsche Bahn, is the concession granted to NS for combined operation of the high-speed line and that of the main rail network, a legal challenge. According to Arriva is that license, issued in 2011, in breach of procurement law and European rules on state aid. CEO Anne Hettinga said in his interview to the parliamentary committee of inquiry Fyra.

Arriva dong in 2001 with the concession of the high speed train, but was rejected because its bid of 100 million per year by the Ministry of Transport was found too low. NS previously offered 178 million euros. But that bid was NS in subsequent years ‘peeled’, according Hettinga. Eventually NS in 2011 by the then Minister Schultz a concession whereby NS 101 million to pay for the high-speed line and 80 million for the rail network.

‘close intertwining NS and ministry

“It was another demonstration of the close intertwining of Railways and the Ministry,” said Hettinga that the entanglement has also noted on other fronts . He saw ministry officials go to NS. “Civil servants where we previously bargained with. I find that reprehensible. “Arriva against that concession granting a storage script proceedings initiated by the Ministry of Transport in which dissolution of that concession contract become demanded. If it is rejected, Arriva goes to court.

According Hettinga NS won in 2002 at the tender offer by absurdly high. Arriva’s offer of 100 million euros, according Hettinga was also too high because the Ministry was based on overly optimistic passenger forecasts. The ministry went from 17 million passengers per year, while 12 million travelers were already a very high estimate. In fact, the concession around 50 million euro was worth. Arriva offered 100 million euros, but would thereby be guarantees have on financial risk sharing if it turned out that passenger numbers were indeed substantially lower or negotiations with Belgium and France on available track paths would not yield sufficient.

second attempt stranded

In 2011 stranded a second attempt by Arriva together with other regional carriers as Connexxion and Veolia Syntus to penetrate to the NS rail network. In particular, the regional rail and intercity networks should be publicly tendered. The carriers were expecting thereby saving hundreds of millions and there were also consultations with the ministry. But that concert was unexpectedly canceled, because as it turned out, Minister Schultz and NS had reached agreement on the integrated concession.

“We got the message that this agreement had been and that the next day there would follow a news conference.”

Alternatively aside

Also in 2013 caught Hettinga bone. As was clear in April that the Fyra would be shut down permanently, he told the ministry that Arriva together with Deutsche Bahn had a solution.

“We were driving from December 2014 with German equipment and within a year in a half-hour frequency. As of September 2016 German high-speed trains would be deployed. We had conclusive agreements with Deutsche Bahn. While that only the alternative of NS 2021 is the case. “

” But to our disappointment was laid our alternative carelessly aside. We were told NS to October had the time to work out an alternative. “

Arriva wins the legal process and the concession contract of NS is dissolved, should be reconsidered as Hettinga or supply from 2013 to drive German trains can still be performed. The Fyra had to fail, according to him.

“I have with astonishment and bewilderment followed the whole process around that train. With such a major investment includes a professional attitude. The screening of the supplier. You must ensure that the additional costs are kept to a minimum. And the whole process must give evidence of the highest senior management “

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Anne Hettinga

Arriva

Deutsche Bahn

Fyra

NS

parliamentary commission