The federation says that Poland's newly adopted structure of track access charges is contrary to EU guidelines against preferential treatment regarding infrastructure costs. Rail operators point out that not only do the new charges constitute behaviour that harms market competition, but also infringes on EU law, specifically the First Railway Package which stipulates that freight access charges must be reviewed irrespective of freight efficiency. With the apparent opposite occurring in Poland, the federation says it had no choice but to make a formal complaint to Brussels.

"Access charges have been significantly lowered for lighter freight trains which are mainly operated by PKP Cargo," says Mr Rafal Milczarski, president of IROF and CEO of Freightliner, Poland. "The new tariffs save the state controlled company more than a Zlotys 250 million ($US 87 million) which is a significant amount given PKP Cargo's financial standing, while harming independent rail operators that operate more effective and eco-friendly trains. As a consequence, new tariffs harm their competitive position, heavily increasing costs."

Mr Krzysztif Sędzikowski, a federation board member and CEO of CTL Logistics, expressed a similar view saying that the new guidelines give "clear preference to dispersed freight services" of one or two wagons "which are offered uniquely by PKP Cargo."

"Independent operators cannot enter the dispersed freight services market as they are unable to challenge its dedicated operator, PKP," Sędzikowski says. "Given the numerous occasions on which Infrastructure Ministry officials have commented on the need to support PKP, as well as admitting that the new track access charges are to aid light freight, we think preferential treatment awarded to a state company is what has happened here."

In addition to the formal complaint, the Federation has announced that it will continue campaigning for further EU engagement in monitoring the state of competiveness in the Polish rail market.