{"id":141167,"date":"2024-10-17T23:10:45","date_gmt":"2024-10-17T13:10:45","guid":{"rendered":"https:\/\/www.railfreight.com\/?p=57236"},"modified":"2024-10-17T23:10:45","modified_gmt":"2024-10-17T13:10:45","slug":"romanias-controversial-plan-to-save-state-rail-freight","status":"publish","type":"post","link":"https:\/\/www.vibewire.com.au\/?p=141167","title":{"rendered":"Romania\u2019s controversial plan to save state rail freight"},"content":{"rendered":"<p><b>CFR Marf\u0103, Romania\u2019s state-owned rail freight operator, will soon be liquidated following bankruptcy. In its place will now come a new state-owned operator by the name of Carpatica Feroviar. However, its establishment raises many questions about the legality of Romania\u2019s plans, sector experts tell RailFreight.com.<\/b><br \/>\n<span id=\"more-57236\"><\/span><\/p>\n<p>CFR Marf\u0103\u2019s last profitable year was 2007, 17 years ago. Since then, it has recorded <a href=\"https:\/\/www.railfreight.com\/business\/2024\/10\/02\/romanian-cfr-marfa-sees-losses-increase-by-70-in-first-half-year\/\"  rel=\"noopener\">loss after loss<\/a>, which has inevitably led to the Romanian government having to bail the company out.<\/p>\n<p>That in itself is not out of the ordinary. Government support for state-owned rail operators is accepted in EU law, as long as it does not constitute market distortion. However, in the case of CFR Marf\u0103, the European Commission found exactly that: Romania provided aid in ways that are illegal. Ultimately, that finding would push CFR Marf\u0103 to the financial brink.<\/p>\n<h2>Skyrocketing debt<\/h2>\n<p>\u200b\u200b&#8221;Certain public support measures in favour of the state-owned incumbent CFR Marf\u0103 have given them an unfair economic advantage vis-\u00e0-vis other operators\u201d, the Commission <a href=\"https:\/\/ec.europa.eu\/commission\/presscorner\/detail\/en\/ip_20_313\"  rel=\"noopener\">argued<\/a> in 2020. \u201cThey consist of the cancellation of public debts and the failure of public creditors to collect debts from the company. This is in breach of EU State aid rules. Romania will now have to recover the incompatible aid.\u201d<\/p>\n<p>The findings by the Commission made CFR Marf\u0103\u2019s debt skyrocket overnight. The rail freight operator has to pay back the entire sum of over half a billion euros to the government. Whereas its debts amounted to 1.318,06 million Romanian lei (264,89 million euros) in 2019, in 2022 that had grown to 4.464,81 Romanian lei (897,21 million euros). Whereas CFR Marf\u0103 has tried to pay back the illegal state aid, it has not been able to do so at a pace desired by the Commission.<\/p>\n<figure class=\"wp-caption alignnone\"><img fetchpriority=\"high\" decoding=\"async\" class=\"fluid wp-image-57253 size-full\" src=\"https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/10\/Scherm%C2%ADafbeelding-2024-10-17-om-15.02.22.jpeg\" alt=\"\" width=\"1360\" height=\"1120\" srcset=\"https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/10\/Scherm\u00adafbeelding-2024-10-17-om-15.02.22.jpeg 1360w, https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/10\/Scherm\u00adafbeelding-2024-10-17-om-15.02.22-480x395.jpeg 480w, https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/10\/Scherm\u00adafbeelding-2024-10-17-om-15.02.22-768x632.jpeg 768w, https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/10\/Scherm\u00adafbeelding-2024-10-17-om-15.02.22-1024x843.jpeg 1024w\" sizes=\"(max-width: 1360px) 100vw, 1360px\" \/><figcaption class=\"wp-caption-text\">CFR Marf\u0103\u2019s debt skyrocketed after the European Commission ordered the return of over half a billion euros in illegal state aid. Image: Infogram. \u00a9 RailFreight.com<\/figcaption><\/figure>\n<p>Pre-insolvency procedures for CFR Marf\u0103 were started in 2020 as the company&#8217;s earnings fell dramatically. The Romanian state is now trying to save its rail freight operations. It opted for a Romanian rendition of the \u2018Alitalia scenario\u2019 for the future CFR Marf\u0103. In the case of that Italian company, it went bankrupt, closed for three months, and then the state bought the assets and created a new company.<\/p>\n<p>Romania is eyeing a similar scenario for CFR Marf\u0103, according to various RailFreight.com sources. At the same time, the Romanian state seems to be hiding its intentions, since they may turn out to be in breach of EU law and electorally unpopular. Nevertheless, on 16 October, it went ahead and approved the founding of Carpatica Feroviar.<\/p>\n<figure class=\"wp-caption alignnone\"><img loading=\"lazy\" decoding=\"async\" class=\"fluid wp-image-57254 size-full\" src=\"https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/10\/Scherm%C2%ADafbeelding-2024-10-17-om-15.03.23.jpeg\" alt=\"\" width=\"1330\" height=\"1094\" srcset=\"https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/10\/Scherm\u00adafbeelding-2024-10-17-om-15.03.23.jpeg 1330w, https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/10\/Scherm\u00adafbeelding-2024-10-17-om-15.03.23-480x395.jpeg 480w, https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/10\/Scherm\u00adafbeelding-2024-10-17-om-15.03.23-768x632.jpeg 768w, https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/10\/Scherm\u00adafbeelding-2024-10-17-om-15.03.23-1024x842.jpeg 1024w\" sizes=\"auto, (max-width: 1330px) 100vw, 1330px\" \/><figcaption class=\"wp-caption-text\">CFR Marf\u0103\u2019s earnings collapsed after the European Commission\u2019s decision, recovered in 2023, and seem to be dropping again in 2024. Image: Infogram. \u00a9 RailFreight.com<\/figcaption><\/figure>\n<aside class=\"readmore\">\n<div class=\"readmore-item\"><a href=\"https:\/\/www.railfreight.com\/business\/2024\/10\/02\/romanian-cfr-marfa-sees-losses-increase-by-70-in-first-half-year\/\"><img decoding=\"async\" src=\"https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/10\/CFR-Marfa-128x128.jpg\" alt=\"\" class=\"readmore-thumbnail\" \/><\/a><\/p>\n<div class=\"readmore-info\"><a href=\"https:\/\/www.railfreight.com\/business\/2024\/10\/02\/romanian-cfr-marfa-sees-losses-increase-by-70-in-first-half-year\/\" class=\"readmore-title\">Romanian CFR Marf\u0103 sees losses increase by 70% in first half year<\/a><\/div>\n<\/div>\n<\/aside>\n<h2>The need for Carpatica Feroviar, according to the state<\/h2>\n<p>With CFR Marf\u0103 on the edge of ruin, Romania is trying to justify the establishment of the newly born Carpatica Feroviar. The government maintains that it needs to be able to rely on a rail freight operator to carry out various types of transportation. The transport ministry specifically highlights military transport, the provision of humanitarian aid, as well as grain, raw materials and fuel transportation to avoid crises.<\/p>\n<p>\u201cThe company will have the legal obligation to ensure the strategic transports of the Romanian state, counterbalancing the risk of refusal of private transport companies to carry out certain railway transports or even their impossibility to take them over, in crisis situations\u201d, the transport ministry explains.<\/p>\n<p>The Romanian transport ministry did not respond to questions asked by RailFreight.com.<\/p>\n<aside class=\"readmore\">\n<div class=\"readmore-item\"><a href=\"https:\/\/www.railfreight.com\/railfreight\/2024\/07\/22\/romanian-ministry-receptive-to-rail-freight-concerns\/\"><img decoding=\"async\" src=\"https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/07\/shutterstock_2338082105-128x128.jpg\" alt=\"\" class=\"readmore-thumbnail\" \/><\/a><\/p>\n<div class=\"readmore-info\"><a href=\"https:\/\/www.railfreight.com\/railfreight\/2024\/07\/22\/romanian-ministry-receptive-to-rail-freight-concerns\/\" class=\"readmore-title\">Romanian ministry &#8216;receptive&#8217; to rail freight concerns<\/a><\/div>\n<\/div>\n<\/aside>\n<h2>The need for Carpatica Feroviar, according to the sector<\/h2>\n<p>Rail freight sector experts dispute the government\u2019s stated motivation. According to them, private companies in Romania have the necessary capabilities to provide the transport services, for which the Romanian state wants to use a state-owned rail operator.<\/p>\n<p>Doru Cireasa, editor at the Romanian rail publication Club Feroviar, told RailFreight.com before Carpatica Feroviar\u2019s official approval that the state is indeed trying to save its rail freight business by establishing the company, but that it may have different motivations from what it officially proclaims. According to Cireasa, the government may have an interest in keeping state rail freight alive, because it has a problematic relationship with the private sector.<\/p>\n<h2>Difficult relationship with private operators<\/h2>\n<p>\u201cFrom the state&#8217;s point of view, it has had a difficult relationship with private operators, in particular with the most important of these, GFR &#8211; Romanian Railway Group\u201d, explains Cireasa. CFR Marf\u0103 and private operators are in a joint rolling stock venture together, in which private operators are reportedly walking away with profits at the expense of the state-owned CFR Marf\u0103. A recent court case forced CFR Marf\u0103 to stay in the arrangement, something the government is sure to be unhappy about.<\/p>\n<p>Cireasa also points out that it was actually the private operators who brought about the downfall of CFR Marf\u0103. It \u201cmust be mentioned that at the origin of CFR Marf\u0103\u2019s problems there is a complaint made in March 2017 by the Association of Romanian Private Rail Freight Operators. These filed a formal complaint with the Commission alleging that CFR Marf\u0103 had received state aid in breach of EU rules\u201d, Cireasa says. Ultimately, this complaint made the company\u2019s debt skyrocket.<\/p>\n<blockquote>\n<p>\u201cThe government wants to bury this illegality in a much bigger one\u201d<\/p>\n<\/blockquote>\n<p>Simona Istrate, the head of the abovementioned association, expresses even bigger concerns about the government\u2019s intentions. \u201cAfter the European Commission decided what even a blind person would have seen, that the state aid of 500 million euros attributed to CFR Marf\u0103 is granted illegally, the government wants to bury this illegality in a much bigger one\u201d, she says.<\/p>\n<p>\u201cThe state already has two rail freight carriers, but it looks like it needs one more. Why does it?\u201d, Istrate asks. \u201cIn short, the government wants to move all the wagons and locomotives of CFR Marf\u0103 to a newly established company, Carpatica Feroviar, and leave all the debts of more than 3 billion lei in an office with CFR Marf\u0103 written on the door\u201d, Istrate explains. According to CFR Marf\u0103\u2019s own numbers, the company\u2019s total debt is even higher than that: 4,5 billion Romanian lei (approximately 900 million euros).<\/p>\n<figure class=\"wp-caption alignnone\"><img loading=\"lazy\" decoding=\"async\" class=\"fluid wp-image-57245 size-full\" src=\"https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/10\/shutterstock_1822192661-scaled.jpg\" alt=\"\" width=\"2560\" height=\"1440\" srcset=\"https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/10\/shutterstock_1822192661-scaled.jpg 2560w, https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/10\/shutterstock_1822192661-480x270.jpg 480w, https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/10\/shutterstock_1822192661-768x432.jpg 768w, https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/10\/shutterstock_1822192661-1536x864.jpg 1536w, https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/10\/shutterstock_1822192661-2048x1152.jpg 2048w, https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/10\/shutterstock_1822192661-1024x576.jpg 1024w\" sizes=\"auto, (max-width: 2560px) 100vw, 2560px\" \/><figcaption class=\"wp-caption-text\">CFR Marf\u0103 rolling stock in the Port of Constanta. Image: Shutterstock. \u00a9 EDCStudio<\/figcaption><\/figure>\n<p>The government\u2019s arguments for the necessity of Carpatica Feroviar do not hold up either, according to Simona Istrate. \u201cIf CFR Marf\u0103 is strategic and Carpatica Feroviar would be even more strategic, why does the state transport its most strategic goods with private operators today?\u201d, she asks. Supposedly, private operators do the job for a lower price than CFR Marf\u0103 as well.<\/p>\n<p>\u201cSetting up a new company with the assets of a failed company is just a cheap trick that won&#8217;t fool anyone and in the end it is us, the taxpayers, who will pay for all the shenanigans of a government blind, deaf and dumb to the real problems of the rail sector\u201d, she concludes. Publication Club Feroviar calls it a \u201cfinancial juggling act\u201d.<\/p>\n<h2>Illegal business?<\/h2>\n<p>Such a move would be a violation of the EU\u2019s competition rules. If Carpatica Feroviar is founded with the assets, staff or contracts of CFR Marf\u0103, then Romania has likely got another case of illegal state aid on their hands. What will happen to the assets of CFR Marf\u0103 remains to be seen, even though Istrate expects them to end up with the new state-owned company. The sale process of the company\u2019s assets upon liquidation is still to be determined.<\/p>\n<figure class=\"wp-caption alignnone\"><img loading=\"lazy\" decoding=\"async\" class=\"fluid wp-image-51911 size-full\" src=\"https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/04\/Romanian-freight-train-scaled.jpg\" alt=\"\" width=\"2560\" height=\"1707\" srcset=\"https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/04\/Romanian-freight-train-scaled.jpg 2560w, https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/04\/Romanian-freight-train-336x224.jpg 336w, https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/04\/Romanian-freight-train-480x320.jpg 480w, https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/04\/Romanian-freight-train-768x512.jpg 768w, https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/04\/Romanian-freight-train-1536x1024.jpg 1536w, https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/04\/Romanian-freight-train-2048x1365.jpg 2048w, https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/04\/Romanian-freight-train-1024x683.jpg 1024w\" sizes=\"auto, (max-width: 2560px) 100vw, 2560px\" \/><figcaption class=\"wp-caption-text\">Old CFR Marf\u0103 wagons. Image: Shutterstock. \u00a9 Bogdan Vacarciuc.<\/figcaption><\/figure>\n<p>In terms of staffing, according to Doru Cireasa, it is likely that the management of CFR Marf\u0103 will find a new home at Carpatica Feroviar: \u201cIt is expected that here will be found people from CFR Marf\u0103 management, brought through formal selection procedures, even simulated ones.\u201d<\/p>\n<p>For the time being however, it seems that Romania is playing it safe, and is avoiding appointing people from CFR Marf\u0103 to the management board of Carpatica Feroviar. Publication Club Feroviar writes that the initial management board consists of \u201croad experts, Iraq veterans and politicians from the transport minister\u2019s office.\u201d<\/p>\n<p>As for the contracts of CFR Marf\u0103, it seems unlikely that private companies can take over the entire 31,2 per cent market share of the company to be liquidated, raising more questions about the role of Carpatica Feroviar in taking over existing state rail services.<\/p>\n<h2>The future of Romanian state rail freight<\/h2>\n<p>One thing is clear: CFR Marf\u0103 will cease to exist. \u201cThis is also the requirement of the European Commission. If it fails to pay its debts, then the assets are sold in a bankruptcy process\u201d, Doru Cireasa explains. What eventually ends up happening with Carpatica Feroviar, which got an initial capitalisation of a mere 125,000 Romanian lei (approximately 25,000 euros), remains to be seen.<\/p>\n<aside class=\"readmore\">\n<div class=\"readmore-item\"><a href=\"https:\/\/www.railfreight.com\/railfreight\/2024\/07\/11\/romanian-rail-freight-sector-complains-that-trains-take-a-week-to-travel-200-kilometres\/\"><img decoding=\"async\" src=\"https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/07\/shutterstock_2176656055-128x128.jpg\" alt=\"\" class=\"readmore-thumbnail\" \/><\/a><\/p>\n<div class=\"readmore-info\"><a href=\"https:\/\/www.railfreight.com\/railfreight\/2024\/07\/11\/romanian-rail-freight-sector-complains-that-trains-take-a-week-to-travel-200-kilometres\/\" class=\"readmore-title\">Romanian rail freight sector complains that trains \u201ctake a week to travel 200 kilometres\u201d<\/a><\/div>\n<\/div>\n<\/aside>\n","protected":false},"excerpt":{"rendered":"<p>CFR Marf\u0103, Romania\u2019s state-owned rail freight operator, will soon be liquidated following bankruptcy. In its place will now come a new state-owned operator by the\u2026<\/p>\n","protected":false},"author":13,"featured_media":57253,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"categories":[72,13964,13681,1879,11313,11785,47,3341],"tags":[12634],"class_list":["post-141167","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-business","category-carpatica-feroviar","category-cfr-marfa","category-european-commission","category-in-depth","category-opsfpr","category-rail-news","category-romania","tag-railfreight"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/posts\/141167","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/users\/13"}],"replies":[{"embeddable":true,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=141167"}],"version-history":[{"count":3,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/posts\/141167\/revisions"}],"predecessor-version":[{"id":141457,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/posts\/141167\/revisions\/141457"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/posts\/57253"}],"wp:attachment":[{"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=141167"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=141167"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=141167"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}