NACE 49.1 – Passenger Rail Transport, Interurban | Public Tenders

Definition: NACE 49.1 covers the economic activity of passenger transport by rail, including local, regional and long-distance services on railway tracks. This group provides the statistical basis for one of the most heavily regulated areas of European public procurement — the award of public service contracts in the regional rail network.

Legal basis: NACE Rev. 2 (Regulation (EC) No 1893/2006) · Last updated: January 2026

What does NACE 49.1 cover?

NACE 49.1 (Passenger rail transport, interurban) classifies undertakings that transport passengers on railway tracks — from urban suburban rail networks to international long-distance services.

Group 49.1 within Section H (Transportation and storage) and Division 49 (Land transport and transport via pipelines) is broken down into two classes:

Note: in NACE Rev. 2, class 49.10 is not further subdivided; the distinction between local and long-distance transport for procurement-law purposes follows from the applicable regulatory framework (Regulation (EC) 1370/2007 for local rail, general procurement law for commercial offerings).

Public contracting authorities are primarily federal authorities, public transport authorities for regional rail passenger services (SPNV) such as the German federal states and Austrian regional governments, and European state-owned railway undertakings (ÖBB, DB Fernverkehr, Westbahn).

Public Tenders: Activities under NACE 49.1

Passenger rail transport is among the highest-volume procurement areas in the public sector — in Germany and Austria alone, regional rail services worth tens of billions of euros are awarded each year.

Typical types of contract

• Regional rail passenger services (SPNV): Award of line bundles for regional and suburban rail networks by transport authorities in the federal states (Germany) or provinces (Austria)
• Urban suburban rail (S-Bahn): Operation of urban rapid transit networks on separate infrastructure, e.g. S-Bahn Munich, Vienna, Berlin
• Long-distance rail passenger transport (SPFV): In Germany predominantly commercial (DB Fernverkehr), in Austria operated under public service contracts (GLV) with ÖBB
• Night trains and cross-border services: Increasingly the subject of public tenders within European rail corridors
• Framework agreements for rolling stock and maintenance: Frequently coupled with operating awards (vehicle leasing, vehicle maintenance as ancillary services)

Thresholds and procedure types

For service contracts in local public transport, Regulation (EC) No 1370/2007 (PSO Regulation) applies as lex specialis, with general procurement law (VgV, SektVO, BVergG) applying subsidiarily. The EU threshold for service contracts is EUR 221,000 (as of 2024/2025). SPNV tenders regularly exceed this value many times over and are advertised EU-wide on TED. Procedure type: predominantly competitive tendering procedure under Article 5(3) of Regulation 1370/2007 or negotiated procedure with prior call for competition.

Relevant CPV codes for NACE 49.1

CPV codes (Common Procurement Vocabulary), which must be specified in every contract notice on TED, link the NACE classification with tender searches.

Current tenders with these CPV codes can be found on TED (Tenders Electronic Daily) as well as on national procurement platforms.

For whom is NACE 49.1 relevant in public procurement?

Public contracting authorities

In Germany, the federal states act as transport authorities for regional rail passenger transport and are the central contracting bodies. They use special-purpose associations and local transport companies (e.g. Bayerische Eisenbahngesellschaft BEG, Nahverkehrsservicegesellschaft NVS). Long-distance rail transport in Germany is operated commercially without direct state award. In Austria, the federal government concludes public service contracts (GLV) with ÖBB-Personenverkehr AG; the federal provinces additionally tender regional services competitively. Transport associations (VOR, VBV, VVT) play a special coordinating role.

Companies and bidders

Railway undertakings (EVU) wishing to participate in public tenders under NACE 49.1 typically need:

• Railway licence: Safety certificate under § 7a AEG (Germany) or safety authorisation under EisbG (Austria)
• Rolling stock evidence: Availability of approved and suitable rail vehicles (owned or leased)
• Technical capacity: References on comparable operating services (train-km, vehicle types, network size)
• Economic capacity: Credit ratings, balance sheets, sufficient equity for the contract period
• Personnel suitability: Evidence of sufficient qualified operating staff (train drivers, operations managers)

Bidding consortia of several EVU and the use of subcontractors (e.g. for vehicle maintenance or cleaning) are widespread in SPNV tenders.

NACE 49.1 in context: Section H and Division 49

NACE 49.1 forms part of Division 49 (Land transport) within transport Section H — one of the most heavily used areas of public procurement.

• NACE H – Transportation and storage: Parent section covering all transport activities
• NACE 49 – Land transport: Division covering rail and road transport
• NACE 49.2 – Freight rail transport: Rail freight, sidings
• NACE 49.3 – Other passenger land transport: Bus, taxi, school transport

Frequently asked questions about NACE 49.1 and public tenders

Which companies fall under NACE 49.1?
All railway undertakings that predominantly transport passengers on railway tracks — regardless of whether they operate in local or long-distance services. The NACE classification follows the principal economic activity.

Which legal basis applies to SPNV tenders?
Primarily the PSO Regulation (EC) No 1370/2007, which permits direct awards under certain conditions (very low contract value, internal operator) and otherwise prescribes a competitive procedure. SektVO (Germany) and BVergG 2018 (Austria) apply subsidiarily.

How long do typical SPNV contracts run?
Terms of 8 to 15 years are common. Where the bidder provides the rolling stock, terms may be extended up to 22.5 years (Article 4(3) of Regulation 1370/2007) in order to take amortisation periods for rolling stock into account.

Can new market entrants (non-state railways) also bid?
Yes. The European SPNV market is open to competition. Transdev, Abellio, Go-Ahead and other private EVU operate network services successfully in Germany and Austria. The prerequisite is a valid railway licence in the relevant Member State.

Where do I find current SPNV tenders?
EU-wide on TED via CPV search (60210000, 60220000). In Germany, additionally in the federal gazette (Bundesanzeiger) and on the platforms of the transport authorities. In Austria, on the federal procurement platform (auftrag.at).

Last updated: January 2026
All information is provided without guarantee. For legally binding advice, please consult a law firm specialising in public procurement law.