I don't understand how is this "forced privatisation"? There's nothing preventing a state owned rail company from operating, no? All this says is that private companies must be allowed competitive access. Am I missing something?
No nothing preventing it but you cannot just have a state operator bid for it. The contract in question is basically the entire Netherlands passenger operations, with some small exceptions.
The key problem the EU has is the size of the contract. The contract cannot be for the entire country (more or less), it needs to be split into smaller ones (eg: one contract for intercity, one contract for local services near Amsterdam, etc). Netherlands defense is that the passenger rail system cannot be split up like this as it would cause operational problems and thus should not be franchised. I'm simplifying this from memory but it's roughly correct I think.
There is no doubt in my mind were it to be split up like the EU is requiring, that de facto some of it would be privatized. It has/is happening in every European state that has complied with the EU rules.
To me that is very close to forced privatisation. The current (Labour) UK model (government owned franchises with no bidding) would 100% not be allowed.
