Amendment To The Railway Act Of 1957

Original Language Title: Änderung des Eisenbahngesetzes 1957

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137. Federal law amending the railway law in 1957

The National Council has decided:

The Railways Act 1957, BGBl. No 60/1957, as last amended by the Federal Law BGBl. I No 61/2015, shall be amended as follows:

1. § 1b together with headline reads:

" Railway Undertaking

§ 1b. A railway undertaking shall be a railway undertaking providing rail transport services on the railway infrastructure of the main railway lines or connected interconnects and ensuring traction, including those which only include: provide traction, and which has been granted a traffic permit, a traffic concession or a permit or authorisation to be granted for a licence in accordance with section 41. "

2. § 1d together with the headline is:

" International grouping

§ 1d. An international grouping is the link between at least two railway undertakings whose registered office is situated in different countries for the purpose of providing cross-border rail services. These States may be Member States of the European Union, Contracting Parties to the Agreement on the European Economic Area or the Swiss Confederation. "

§ 1h together with headline is:

" Cross-border Passenger Transport Service

§ 1h. A cross-border passenger transport service is a rail service where persons with a train, at least one border of a Member State of the European Union or a Contracting Party to the Agreement on the European Union, are the main purpose of which is to transport passengers between railway stations in the various Member States of the European Union and to the Contracting Parties to the Agreement on the European Economic Area; the train can be assembled and/or separated, and the various Train parts may have different origin and destination locations, provided that all rail vehicles cross at least one border. "

4. In § 2, the word "Rail transport services" by the word "Rail services" replaced.

5. In § 10, the word "Rail Infrastructure" by the word "railway infrastructure" replaced.

6. § 10a together with headline reads:

" Railway infrastructure

§ 10a. Railway infrastructure includes the installations listed in Annex I to Directive 2012/34/EU establishing a single European railway area, OJ L 206, 22.7.2010, p. No. OJ No L 343, 14.12.2012, p.

7. In Section 12 (1) of the Submission Section and Section 12 (2) of the Submission Section, the word order shall be "or the regulatory authorities" through the phrase " , the Rail Control Commission or the Rail Infrastructure Service Company mbH " replaced.

8. In § 13 (3), the word "Rail Infrastructure" by the word "railway infrastructure" replaced.

9. In § 13, paragraph 4 receives the description of the classification "(7)" ; in accordance with paragraph 3, the following paragraphs 4 to 6 shall be inserted:

" (4) The Federal Minister of Transport, Innovation and Technology, together with the Rail Control Commission, has to make arrangements for the exchange of information on matters relating to and cooperation in matters relating to the matter. -to allow competition in the rail transport market and for the public authorities to be responsible for the safety of the operation of railways, the operation of rail vehicles on railways and the transport of railways; this is the case Purpose, an impairment of the competition at the Rail transport market and an impairment of the safety of the operation of railways, the operation of railway vehicles on the railway and the traffic on the railway, which occur in the official enforcement of this federal law could be avoided as far as possible.

(5) If forthcoming decisions of the Rail Control Commission are appropriate in matters relating to the regulation of the rail transport market, the safety of the operation on railways, the operation of rail vehicles on railways and the It must give the Federal Minister of Transport, Innovation and Technology the opportunity to make recommendations within a reasonable period of time, the fulfilment of which will avoid such interference. If the Federal Minister for Transport, Innovation and Technology makes use of this possibility and submits a recommendation to it, the Rail Control Commission has to examine the recommendations made before it makes the decision. If the Commission is not in a position to comply with these recommendations in full or in part, the Commission shall inform the Federal Minister for Transport, Innovation and Technology accordingly, stating the reasons for the review.

(6) Are the forthcoming decisions of the Federal Minister of Transport, Innovation and Technology in matters relating to the safety of the operation of railways, the safety of the operation of rail vehicles, Railway and rail transport systems which are likely to affect competition in the rail transport market shall have the opportunity to submit to the Commission, within a reasonable period of time, recommendations to the Rail Control Commission of which: Fulfillment avoids this impairment. If the Rail Control Commission makes use of this possibility and makes a recommendation to it, the Federal Minister of Transport, Innovation and Technology will have to examine the recommendations made before making the decision. If the Federal Minister for Transport, Innovation and Technology is not in a position to comply with these recommendations in whole or in part after their review, he shall inform the Rail Control Commission thereof, stating the reasons. "

10. In § 14 (1) (1) (1) and (2) (2) (2) the word "Rail transport services" by the word "Rail services" replaced.

11. In § 14a (2), the word "Rail Infrastructure" by the word "railway infrastructure" replaced.

12. In § 15, the word "Rail transport services" by the word "Rail services" replaced.

13. § 15a Z 1 reads:

" 1.

information on the type of railway service envisaged (freight transport service/passenger service); "

14. § 15a Z 8 lit. d) is:

" (d)

relevant costs, including labour costs or payments for means of transport, land, buildings, installations and rolling stock, as well as the financing plan for this; "

15. § 15a Z 8 is the following lit. (f) added:

" f)

taxes and social security contributions; "

16. § 15a Z 10 reads:

" 10.

Information on the cover of the liability for accidents. "

17. § 15b (1) Z 4 reads as follows:

" 4.

the existence of sufficient insurance or an appropriate guarantee issued on customary market conditions; both to cover the liability of the accident in accordance with Austrian and international law, in particular for passengers, luggage, goods, Post and third parties not involved in a rail transport. "

18. In § 15c, at the end of the sentence, the point shall be replaced by a reticle; the following half-sentence shall be added:

"It is also serious in this connection that breaches of reliability by the circumstance of their repetition are responsible."

19. § 15e together with headline reads:

" Professional Suitability

§ 15e. The prerequisite for the applicant's professional competence shall be fulfilled if he/she has or will have an operational organisation which has the knowledge or experience required for a safe and reliable operational control and supervision of the business activities in order to bring the railway service requested. "

20. § 15g together with headline reads:

" Transport opening

§ 15g. The rail transport company has the Federal Minister for Transport, Innovation and Technology to show the opening of the traffic on main or networked runways. "

21. § 15h together with headline reads:

" Reviews

§ 15h. (1) For a period of five years, for the first time in a period of five years, the railway undertaking shall, for the first time, repeat for a period of five years in order to verify that the necessary conditions for the granting of a traffic permit have been met. The Federal Minister of Transport, Innovation and Technology will be able to demonstrate these conditions before the end of the five-year period.

(2) A railway undertaking may, where it relates to the provision of rail transport services, significantly change or extend its business activities only if the Federal Minister for Transport, Innovation and Technology has previously , at the request of the railway undertaking, it has been established in a modest manner that the conditions for obtaining a transport permit still exist, despite the substantial modification or extension of its business activities.

(3) If a railway undertaking has suspended the provision of rail services for six months or has not yet provided any rail services within six months from the date of authorisation of the transport authorisation, it shall: Federal Minister for Transport, Innovation and Technology to show and demonstrate that the necessary conditions for the granting of a transport permit are still in place. In the event that the railway undertaking has not yet provided railway services, the Federal Minister of Transport, Innovation and Technology shall, at the request of the railway undertaking, adequately extend this period if the is justified by the specific nature of the proposed rail service.

(4) The Federal Minister for Transport, Innovation and Technology shall, in the event of serious doubts as to the existence of the conditions required for the granting of a transport authorisation, carry out an official inspection. "

22. In § 15i (2), the word shall be: "Rail transport services" by the word "Rail services" replaced.

23. The following paragraph 3 is added to § 15i:

' (3) A railway undertaking shall be withdrawn from the transport licence if a bankruptcy procedure has been opened on its assets; and

1.

the railway undertaking was closed at the time of the opening of bankruptes; or

2.

the insolvency court ordered or approved the closure of the railway undertaking (§ 115 Insolvency Order-IO, RGBl. 337/1914), or

3.

the insolvency court did not grant the railway transport company a deadline for the application of the reorganisation request (Article 114b (2) (IO)), or

4.

the railway undertaking did not submit an application for a refurbelling plan within the time limit, or

5.

the railway undertaking has withdrawn the application for a refurbelling plan; or

6.

the insolvency court has rejected the application for a recovery plan, or

7.

the recovery plan has been rejected in the refurbelling plan of the Sanation Council; or

8.

the sanctioning plan has been denied by the insolvency court. "

24. In § 15j (1) the word order shall be "European Commission" through the phrase "European Railway Agency" replaced.

25. § 15j (2) reads:

Where, in connection with the provision of domestic rail services, there are serious doubts as to the fact that, in the case of a railway undertaking established in another Member State of the European Union, another Member State, in another Member State, The Contracting Party to the Agreement on the European Economic Area or in the Swiss Confederation shall no longer have individual requirements for the granting of an authorisation within the meaning of Directive 2012/34/EU, shall Federal Minister for Transport, Innovation and Technology of the Authority of the other State "

26. In § 15j (3), the entry section reads:

"The insurer with which a railway undertaking based in Austria has concluded insurance within the meaning of Section 15b (1) (4) of this Regulation shall be obliged to:"

27. § 15k together with headline reads:

" Deletion of traffic permit

§ 15k. The traffic permit shall be issued:

1.

by the withdrawal of the traffic permit;

2.

with the death or other deletion of the legal personality of the holder of the traffic permit. '

28. § 16 and headline reads:

" The necessity of the transport concession

§ 16. For the provision of the following rail transport services in Austria on the railway infrastructure of main railways or connected interconnects by natural persons residing in Austria, companies with registered offices in Austria or legal entities Persons of public law established in Austria shall, if not already authorised to provide this type of rail transport services on the basis of a traffic permit, comply with a transport concession:

1.

passenger transport services in urban or suburban transport;

2.

Freight transport services in regional, urban or suburban transport. "

29. In § 16a the word "Rail transport services" by the word "rail transport services" replaced.

30. § 16b (1) Z 4 reads as follows:

" 4.

the existence of sufficient insurance or an appropriate guarantee issued on customary market conditions; both to cover the liability of the accident in accordance with Austrian and international law, in particular for passengers, luggage, goods, Post and third parties not involved in a rail transport. "

31. § 16d with headline reads:

" Reviews

§ 16d. § 15h (1) and (4) shall also apply to traffic concessions. "

32. § 16f together with the headline is:

" Extinguisher of the traffic concession

§ 16f. The traffic concession shall be issued:

1.

in the event of non-compliance with the fixed deadline;

2.

by the withdrawal of the transport concession;

3.

with the death or other deletion of the legal personality of the holder of the transport concession. '

33. In § 17, the word "Rail transport services" by the word "Rail services" replaced.

34. In § 18 (2) and (3), the word "Rail transport services" by the word "Rail services" replaced.

35. In § 18d the word "Rail transport services" by the word "Rail services" replaced.

36. In § 19 (3), the word "Rail transport services" by the word "Rail services" replaced.

37. In § 19 (5) the word "Community law" by the word "Union Legal" replaced.

38. In § 21 (2), (3), (5) and (7) the word shall be "Rail transport services" by the word "Rail services" replaced.

39. In § 21a (2) and (4), the word shall be: "Rail transport services" by the word "Rail services" replaced.

40. In § 22 (1) and (2), the word "Rail transport services" by the word "rail transport services" replaced.

41. In § 22 (3), the word "Rail Infrastructure" by the word "railway infrastructure" replaced.

42. In § 22 (5), the word "Rail transport services" by the word "Rail services" replaced.

43. In § 22a, the word shall be: "Rail transport services" by the word "Rail services" replaced.

(44) In § 22b (1), the word shall be: "Rail transport services" by the word "Rail services" replaced.

45. § 24 together with headline reads:

" Common economic obligations

§ 24. Responsibility for the award or imposition of public service obligations under Regulation (EC) No 1370/2007 on public passenger transport services by rail and by road and repealing Regulations (EEC) No 1191/69 and (EEC) No 1107/70 of the Council, OJ L 327, 31.12.70 No. L 315 of 03.12.2007 S 1 shall be based on the Federal Government's website in accordance with the specific provisions of the federal law. These separately regulated ordering responsibilities of the federal government do not refer to the student free rides and apprentice trips according to the 1967 Family Law Balancing Act, BGBl. No. 376. "

46. In § 26, paragraph 2 is deleted; in paragraph 1, the description of the outline of the classification shall be deleted. "(1)" .

47. In § 30a (1), the entry section and the Z 1:

" Are those in operation in Appendix 5 of the 1994 Commercial Code (GewO 1994), BGBl. § 84a (4), 84b to 84o, § 366 (1) (introduction) in conjunction with Z 7 and § 367, introduction rate in conjunction with Z 55, 56 and 57, are available in the following section: GewO 1994, with the proviso that:

1.

under the authority referred to in Articles 84d (5) and 84l (6) and (7) (7) of the Administrative Authority of the Federal Republic of Germany, the Federal Security Office, and under the authority referred to in all other cases, the District Administrative Authority, "

The last sentence of section 32a (3) shall be deleted.

(49) In Section 32a (6), the word shall be: "Civil Technician" by the word "Civilian technicians" , the word "Technical" by the word "Technical" , the word "natural" by the word "natural" and the word "Other" by the word "other" replaced.

50. § 33a (1) last sentence is deleted.

(51) In § 33a (2), the word "Civil Technician" by the word "Civilian technicians" , the word "Technical" by the word "Technical" and the word "natural" by the word "natural" replaced.

52. In § 37 of the entry section, the word "Rail Infrastructure" by the word "railway infrastructure" and the phrase "the rail transport performance to be provided" through the phrase "the rail service to be provided" replaced.

53. In § 37, Z 1 and 2, the word order shall be "the railway service to be provided" through the phrase "the rail service to be provided" replaced.

54. In § 37a (6), the word order is deleted "as well as state-authorized institutions" .

55. In § 37b (1) Z 2, the word order shall be "Type of rail transport performance" through the phrase "Type of railway service" replaced.

56. In § 37c paragraph 1 Z 2 lit. (b) the word "Rail Infrastructure" by the word "railway infrastructure" replaced.

57. In § 39a (2), the words shall be: "Rail Infrastructure" by the words "railway infrastructure" replaced.

58. In § 39b (1) Z 6, the word "Rail Infrastructure" by the word "railway infrastructure" replaced.

59. In § 40 (2) (2) (2), the word "Rail transport services" by the word "Rail services" replaced.

60. According to § 41a, the following § 41b shall be inserted together with the headings:

" Evaluation Unit

§ 41b. The Commission implementing Regulation (EU) No 402/2013 on the common safety method for the evaluation and evaluation of risks and repealing Regulation (EC) No 352/2009, OJ L 327, 30.4.2009, p. No. 8, the activities carried out by an assessment body may only be carried out by those who are accredited as the conformity assessment body by the accreditation body (§ 3 of the Accreditation Act 2012). "

61. In § 53a (1) and (2), the word "Rail Infrastructure" by the word "railway infrastructure" replaced.

62. § 53e and title shall be deleted.

63. In § 54 are the Z 3 and 4:

" 3.

by ensuring access to the railway infrastructure for access beneficiaries and

4.

by creating a monitoring of competition for the protection of infrastructure beneficiaries against abuse of a dominant market position "

64. In accordance with § 54, the following § 54a shall be inserted with the title:

" Exceptions to the scope of the 6.part

§ 54a. (1) withdrawn from the application of Section 55 (2) to (5):

1.

railway undertakings providing rail transport services exclusively in urban, suburban or regional transport on independent local or regional, interlinked trams; or

2.

Railway undertakings which provide railway services exclusively on such connected interconnects intended solely for the provision of railway services in urban or suburban transport.

However, this does not apply to such railway undertakings, which are directly or indirectly controlled by a legal entity which provides or integrates other rail services as such in urban, suburban or regional transport.

(2) The application of § § 55a (3), (55b), 59, 60, 62 (3) and (4), 62b (3) and (4), 63 to 64a, 65 (2) to (9), 65a, 65b (2) to (4), 65c to 65f, 66 (1), second sentence, 67 to 69a, 69c, 70, 70a (3), 73a (1), (74) and (74a) are as follows:

1.

local and regional, self-contained interlinked trams for passenger transport services;

2.

Cross-linked trams intended solely for the implementation of passenger transport services in urban or suburban transport;

3.

networked subways, which are used exclusively for the provision of regional freight services by a single person entitled to access, and in so far as no desire has been given by any other person entitled to travel to the allocation of Travel capacity is available.

(3) If they are not of strategic importance for the functioning of the rail transport market, the following shall be excluded:

1.

local and regional, cross-linked trams from the application of § 55a (4);

2.

Local, networked subways of the application of § § 55b, 59, 60, 63 to 64a, § 65 (2) to (9), 65a, 65b (2) to (4), 65c to 65f, 66 (1), second sentence, 67 to 69a, 69c, 70, 73a (1), 74 and 74a.

The precondition for such an exemption is the existence of a decision by the European Commission that these interconnected trams are not of strategic importance for the functioning of the rail transport market. The Federal Minister of Transport, Innovation and Technology is responsible for the collection of such a decision. Railway infrastructure undertakings seeking such an exception shall make available to the Federal Minister for Transport, Innovation and Technology a document in two copies, in which reference shall be made, in particular, to the The route length, the degree of utilization and the potentially affected traffic volume is based on the reason why the connected secondary railway does not have a strategic significance for the rail transport market.

(4) except for the application of Sections 58a (2), 58b, 62a (2) to (5), 69b, 70a (1) and (5), 71a, 73, 73a (2), 74 and 74a, operators for such service facilities located along a connecting track shall be those of a railway undertaking. which operates such a railway, is itself used exclusively for the purpose of its own transport of goods. "

65. § 55 together with headline reads:

" Separation measures

§ 55. (1) Rail transport undertakings which are directly or indirectly owned or controlled by a local authority shall have administrative, administrative and internal control over the management, management and management of such undertakings, (b) to have a position independent of territorial authorities which, in particular, have assets, budgets and accounts which have the capacity, the budget and the budget; of the accounts of local authorities.

(2) Integrated railway undertakings shall draw up separate profit and loss accounts and balance sheets, on the one hand, for the function of railway undertakings and, on the other hand, for the function of railway infrastructure undertakings, in the accounting system; and , public funds allocated to one of these two areas of activity may not be transferred to the other.

(3) Rail transport undertakings shall have separate profit and loss accounts and balance sheets for the provision of, on the one hand, rail services in the carriage of goods and, on the other hand, rail services in the passenger transport sector, in the accounting system. creating and publishing. Public benefits for the provision of public service obligations shall be issued in accordance with Article 7 of Regulation (EC) No 1370/2007 in the corresponding accounts and shall not be transferred to activities of activity , which relate to other transport services or other transactions.

(4) The accounts of the various areas of business referred to in paragraphs 2 and 3 must make it possible to comply with the prohibition on the transfer of public funds in favour of one business unit to the other and to the use of the revenue from infrastructure charges and profit from other economic activities.

(5) The Rail Control Commission shall be empowered to verify either itself or to have it verified by its authorised representative whether the railway undertakings and the integrated railway undertakings shall determine the provisions relating to the separate Accounting (para. 2 to 4). To this end, it shall have the power to submit all relevant information from the inspected railway undertakings, railway infrastructure undertakings, service facilities operators and all undertakings or other bodies, the different services in the area of rail transport or of railway infrastructure, or to integrate them, to demand. In particular, it may require that all or part of the accounting data referred to in Annex VIII to Directive 2012/34/EU be presented in sufficient detail, as required for the purposes of the submission of such data; and is appropriate.

(6) The Rail Control Commission is empowered to draw conclusions from these financial data on state aid and to notify it to the Federal Ministry for Science, Research and the Economy.

(7) The provisions relating to separate accounting (paragraph 1) shall be: 2 to 4), the rail transport undertaking and the integrated railway undertakings shall be responsible, in a modest way, from the Commission's Control Commission for the production of a statutory accounting system. "

66. According to § 55, the following § § 55a and 55b together with the headings are inserted:

" Strategy for the development of railway infrastructure

§ 55a. (1) The Federal Minister for Transport, Innovation and Technology has to publish a guiding strategy on how the railway infrastructure in the Austrian rail system of the main and networked runways is designed with the help of public funds. , in order to meet future mobility needs in terms of maintenance, renewal and upgrading of railway infrastructure, on the basis of sustainable financing. In addition, the general requirements for the European Union's rail system, including cooperation with neighbouring third countries, should be taken into consideration.

(2) Within the framework of the guiding strategy, it is also necessary to take account of the requirements which make it possible, in the interests of passengers, to gradually introduce a link of symmetrically clocked traffic in junction stations (Integrated Clock Plan). Clocked transport services are rail services which are provided in passenger transport at fixed time intervals and are symmetrically clocked when they transfer passengers to other trains, including those in the opposite direction. shall, in an appropriate period, be allowed.

(3) The guiding strategy shall be extended to a future period of at least five years, and shall be developed further. Prior to the publication of the guiding strategy, the local authorities concerned, the social partners and other stakeholders, including the railway undertakings, must be consulted, and they shall be co-ordinated with the Federal Minister for Finance. The guiding strategy is to be published at least on its website by the Federal Minister for Transport, Innovation and Technology.

(4) The railway infrastructure undertakings shall have the guiding strategy in their business plans, which have to include an investment and financing programme, on the planning, construction and maintenance of their railway infrastructure, which shall include: to be financed with the aid of public funds. The business plan shall be designed in such a way as to ensure the optimum, efficient use, deployment and development of the railway infrastructure, while maintaining the financial balance and providing the means to achieve those objectives. shall be guaranteed. Prior to the adoption of the business plans, railway infrastructure companies shall have access to, or request for, access to, access to, and, upon request, other persons entitled to access to the content of the business plan. , as regards the terms of access and conditions of use and the nature, provision and development of the railway infrastructure.

Financing contracts for railway infrastructure

§ 55b. (1) Contracts between territorial authorities and railway infrastructure undertakings through grants or Financial contributions to the railway infrastructure of main and networked secondary railways, such as those in accordance with the special federal regulations of the Federal Railways Act, BGBl. No 825/1992, and the Private Railway Act 2004-PrivbG, BGBl. In any event, in compliance with the requirements set out in Regulation (EC) No 39/2004, the principles and the basic data set out in Annex V to Directive 2012/34/EU, and also incentives to reduce the amount of the railway infrastructure costs and infrastructure charges. Provision should be made for a period of at least five years in such contracts. All the terms and conditions of the contract and the arrangements for the payments made available to the railway infrastructure company shall be agreed in advance.

(2) Where a contract has been concluded with a railway infrastructure undertaking within the meaning of paragraph 1, such a railway infrastructure undertaking shall ensure the consistency of the contract with its business plans.

(3) The authority responsible for the conclusion of the contract for the local authority shall have the authority assigned to those who have allocated infrastructure capacity on the railway infrastructure covered by the contract content or which have been allocated it during the period of the The contract term shall allow the allocation of infrastructure capacity on such a railway infrastructure to be sought, to be informed and to be informed of the contractual content before the contract is concluded. To this end, the Authority shall make available on its Internet site the content of the contract provided for, and shall set a reasonable time limit for the submission of an utterance.

(4) The Treaties shall be published by the Authority, which has concluded the contract for the local authority, within one month of the conclusion of the contract on its website throughout the period of the contract.

(5) The responsibility for the conclusion of such contracts shall be based on the federal side in accordance with the tasks in accordance with the special federal regulations.

(6) In order to assess the financial requirements for maintenance or replacement of assets, the railway infrastructure undertakings shall have a list of their own assets and assets, the use of which shall be the responsibility of them, and Details of expenditure on the renewal and conversion of the railway infrastructure should be drawn up and carried out.

(7) The railway infrastructure undertakings shall establish a procedure for the calculation of the costs of the various categories of services provided for a railway undertaking, and shall be subject to this procedure from time to time in accordance with the best international procedures. "

67. The headline before the paragraph of paragraph 56 reads as follows:

" 2. Main item

Access to railway infrastructure, service facilities and services

Section 1

General "

68. § 56 with headline reads:

" Access to railway infrastructure

§ 56. (1) The allocation body shall have access to the railway infrastructure of the main and interconnected runways by allocating infrastructure capacity to non-discriminatory, reasonable and transparent conditions. This right of access also includes access to investment parts for the connection of service facilities and to infrastructures which could serve or serve more than one end user.

(2) Travel capacity shall be the possibility of planning for a part of the railway infrastructure for a given period of coveted train paths, where the train path shall be understood to be the infrastructure capacity required for a train to become a train station. a certain time between two places. "

69. § 57 with title reads:

" Beneficiaries

§ 57. (1) Access beneficiaries are:

1.

rail transport undertakings with registered offices in Austria;

2.

railway undertakings with registered offices in another Member State of the European Union or in another Contracting Party to the Agreement on the European Economic Area for the provision of international passenger services;

3.

Railway undertakings with registered offices in another Member State of the European Union, in another Contracting Party to the Agreement on the European Economic Area or in the Swiss Confederation for the provision of Rail transport services in freight transport;

4.

Railway undertakings with registered offices in other States, to the extent that they are subject to public contracts;

5.

Railway undertakings with registered offices in other States, where access is in the public transport interest and where reciprocity is ensured, with implementing provisions being made in intergovernmental agreements.

(2) The rights and obligations of the regulatory body, as set out in the implementing act in accordance with Article 10 (4) of Directive 2012/34/EU, in relation to the identification and decision on whether the main purpose of a cross-border Passenger transport services in the carriage of passengers between stations in different Member States shall be carried out by the Commission's Control Commission. "

70. § 57b receives the description of the classification "§ 57c." ; § 57a receives the description of the classification "§ 57b."

71. In accordance with § 57, the following § 57a (new) with headline is inserted:

" Driving Capacity Authorized

§ 57a. The right to a non-discriminatory allocation of infrastructure capacity shall be:

1.

Persons entitled to access;

2.

international groupings of railway undertakings, other natural and legal persons, such as authorities within the framework of Regulation (EC) No 1370/2007, shippers, hauliers and combined transport undertakings, which shall: have a common economic or individual economic interest in the acquisition of infrastructure capacity. "

72. § 57b (new) with headline is:

" Requirements for lane capacity authorized

§ 57b. Railway infrastructure undertakings may, with regard to legitimate expectations with regard to their future revenue and use of the infrastructure, meet the requirements laid down in an implementing act in accordance with Article 41 (3) of Directive 2012/34/EU with respect to financial guarantees for infrastructure capacity, which must be appropriate, transparent and non-discriminatory, to be published in the rail network conditions and to be communicated to the European Commission. "

73. § 57c (new) with headline is:

" Ban on the operation of international passenger services

§ 57c. (1) The right of access rights of an authorised person referred to in § 57 (1) (2) (2) to the access right to the railway infrastructure of the main and networked trams for the purpose of the provision of international passenger services Railway stations or stops shall be used for stations or stations situated between the place of origin and the destination of the international passenger service, and on the railways or parts thereof, on which the provision of public service obligations in the Passenger transport on the basis of a public service contract (Art. 2 lit. (i) of Regulation (EC) No 1370/2007) is to be excluded or restricted in so far as the economic equilibrium of such a public service contract would be at risk.

(2) The rights and obligations of the regulatory body referred to in the implementing act in accordance with Article 11 (4) of Directive 2012/34/EU in connection with the identification and decision as to whether the economic balance of a Public service contracts are threatened by the Rail Control Commission. "

74. § 58 together with headline reads:

" Minimum Access Package

§ 58. (1) The railway infrastructure undertaking shall, in the absence of any discrimination, have access to the following services as a minimum access package, which shall be deemed to be eligible:

1.

the use of the railway infrastructure, including switches and diversion;

2.

train control, including the signalling, regulation, handling and transmission and provision of information on train movements;

3.

the use of existing supply facilities for driving power;

4.

Information required for the implementation or operation of the rail service for which infrastructure capacity has been allocated.

(2) A railway infrastructure undertaking has the right to offer access to the minimum access package in a transparent, appropriate, economically realistic and sufficiently unbundled way, so that it does not have to be paid for services that do not need "

75. In accordance with § 58, the following § § 58a and 58b shall be inserted together with the headings:

" Service Facilities

§ 58a. (1) A service facility is an installation comprising also land, buildings and equipment, which has been specially prepared for this purpose, in order to provide one or more of the services referred to in § 58b (1) to (3) as services in it. can be done.

(2) The operator of a service facility referred to in § 58b (1) shall issue this service facility, in whole or in part, as a rail service facility for leasing or renting, if it does not last for at least two consecutive years. , and the railway undertakings have expressed their interest in accessing the service facility in relation to the operator on the basis of a demonstrated demand. The operator of the service facility can exempt itself from this obligation by proving that the service facility cannot be used by any rail transport company as a result of a change-over process.

Access to service facilities, service provision

§ 58b. (1) The operators of service facilities shall, in the absence of any discrimination, have access to, and access to, the rail transport undertakings, including the access to the rail, to the service facilities referred to below and to the services provided for in To enable services provided in these service facilities:

1.

Passenger train stations, their buildings and facilities, including the facilities for displaying travel information and suitable locations for ticket sales;

2.

freight terminals;

3.

Substation and train-training facilities, including gating facilities;

4.

Deraillees designed specifically for the temporary parking of rail vehicles between two allocations of infrastructure capacity;

5.

maintenance facilities, with the exception of heavy maintenance services provided for high-speed trains or other types of rail vehicles which require special facilities;

6.

Other technical equipment, including cleaning and washing facilities;

7.

Port facilities with traffic on railways;

8.

Auxiliary equipment;

9.

Facilities for the fuel uptake and supply of fuel in these facilities.

(2) If an operator of service facilities offers the additional services listed below, such additional services shall be granted to all railway undertakings which wish to do so, to the exclusion of any discrimination:

1.

the preheating of passenger trains;

2.

the provision of driving power;

3.

the conclusion of customer-specific contracts for the monitoring of the transport of dangerous goods or the support for the operation of unusual trains;

4.

Transport of rail vehicles from and to the transfer stations and train-forming facilities, including the transport of the transport equipment.

(3) The following may be granted by the operator of a service facility to a railway undertaking which is seeking to do so, but is not obliged to do so; however, it shall offer such additional services, if they are railway undertakings, which shall: in order to grant exclusion of any kind of discrimination:

1.

Access to the telecommunications network;

2.

the provision of additional information;

3.

the technical inspection of rail vehicles;

4.

Ticket sales in passenger stations;

5.

heavy maintenance services consisting of work not routinely carried out as part of day-to-day operations, with the requirement to remove a rail vehicle from the holding; these services shall be included in the Maintenance equipment intended for high-speed trains or other types of rolling stock which require special facilities.

(4) An operator of service facilities has transparent, reasonable, economically realistic and sufficiently unbundled services to railway undertakings so that they do not have to be paid for services that are not needed "

76. § 59 and headline reads:

" Rail network-Terms of use

§ 59. (1) A railway infrastructure undertaking shall draw up a network statement of terms of use in German and in another official language of the European Union.

A railway infrastructure undertaking shall keep its network statement of conditions up-to-date, if necessary, and shall apply it in the same way as against any driving licence.

(3) A railway infrastructure company shall have the right to purchase its network statement of use by any person against payment of a fee which may not be higher than the cost of the publication of the network statement of use. In addition, it has to provide, free of charge, the network conditions of use in electronic form on its Internet site in a way accessible to everyone and via a common Internet portal provided by railway infrastructure companies in the The framework of their cooperation is to be made accessible.

(4) The rail network conditions of use shall include information on the railway infrastructure available to the infrastructure capacity and information on the conditions of access to the railway infrastructure, including the essential elements of the rail infrastructure. to be included in administrative, technical and financial arrangements. In addition, information on the conditions, including the administrative, technical and financial arrangements for access to their railway infrastructure, shall be provided in the rail network statement of use. service facilities, including rail access, and the provision of services provided in such service facilities, or to include a reference to a website in which the service facilities are provided with: Information free of charge in electronic form in a way accessible to everyone be published. In particular, the rail network conditions shall include:

1.

a section indicating the type of railway infrastructure available to the persons entitled to access and access conditions, in accordance with the published railway infrastructure register, on an annual basis, or have to refer to it; in particular, this section should contain:

a)

the technical description and operational conditions for access to the individual routes, route sections or other sections of the railway infrastructure;

b)

the requirements not already laid down in the legislation of the railway infrastructure company, the compliance with which is to be imposed on and in the exercise of access;

2.

a section which sets out the rates of pay and tariffs, and in particular includes

a)

adequate details of the charging scheme;

b)

adequate information on the charges;

c)

other information relevant to access to the railway infrastructure relating to the minimum access package and access to service facilities, including rail access, and to the provision of services provided in the service facilities; if all this is provided only by a single supplier;

d)

statements in detail, which procedures, rules and, where applicable, tables are used for the implementation of sections 67a, 67d, 67e and 69a (2);

e)

information on the changes to be made or, where available, in the next five years;

3.

a section on the principles and criteria for the allocation of infrastructure capacity; information on the general capacity characteristics of the railway infrastructure available to the persons entitled to access, as well as on any possible means of access to the infrastructure the restrictions on use, including the expected capacity requirements for maintenance purposes, as well as the implementation and time limits of the method of allocation of infrastructure capacity, and specific to contain criteria which are relevant to this procedure, in particular:

a)

the procedure for the lodging of a request for the allocation of infrastructure capacity by the persons entitled to travel by capacity at the point of allocation;

b)

Requirements for travel capacity;

c)

a timetable for the procedures to be carried out on the basis of the allocation of infrastructure capacity, including the allocation procedure, as well as a timetable for procedures for the scheduling of scheduled and non-scheduled maintenance work;

d)

principles of the coordination procedure and of the dispute settlement system established in this framework;

e)

procedures to be carried out and criteria to be applied in the event of congestion of railway infrastructure;

f)

details of the restriction of use of railway infrastructure and

g)

Conditions to take account of the level of use of railway infrastructure to date in the determination of rankings in the allocation process.

In addition, this section shall specify in detail what measures have been taken to ensure adequate treatment of rail services in the carriage of goods, international rail services and the allocation of the transport services. of infrastructure capacity that is placed outside the network planning process. The section shall contain a model for the allocation of infrastructure capacity and precise information on procedures for the allocation of cross-border train paths;

4.

a section containing information necessary for the application of an application for a transport permit, a traffic concession, a safety certificate part A and a safety certificate part B, or with an indication of an Internet site on which this information is provided free of charge in electronic form;

5.

a section containing information on the dispute settlement and appeal procedures with a view to:

a)

access to railway infrastructure;

b)

the granting of the minimum access package;

c)

access to service facilities, including rail access, and to the provision of services provided in service facilities;

d)

the performance-based charging scheme;

6.

a section containing information on access to service facilities, including rail access and the provision of services provided in these service facilities, and the charges to be paid for that purpose;

7.

a model contract for framework contracts.

(5) The provisions of the rail network conditions shall be such as to ensure that the allocation body and the compensation body do not allow any discretionary powers to discriminate against the driving capacity of the infrastructure.

(6) Operators of service facilities shall provide the railway infrastructure company with the following information, which shall be included in the network statement, either to inform the railway infrastructure company, or to disclose to it an Internet site on which: This information shall be published free of charge and in electronic form in a manner accessible to everyone:

1.

Information relating to the payment of charges;

2.

information on the conditions, including the administrative, technical and financial arrangements, for access to service facilities, including rail access, and the granting of the services provided for in these Service facilities are provided.

(7) A draft of the rail network conditions of use shall be submitted to the Rail Control Commission immediately after it has been drawn up.

(8) The railway infrastructure undertakings shall have, free of charge, the rail network conditions of use and their amendments at least four months before the end of the period (Article 65 (4)) in respect of the transfer of the terms of use for the allocation of infrastructure capacity. to be published on its website in an accessible manner on its website and to be submitted to the Rail Control Commission within a period of one month from the date of creation or modification of the same. "

77. § 59a together with the title shall be deleted.

78. § 59b and title shall not be required.

79. § 62 (1) reads:

" (1) assignment point shall be

1.

the railway infrastructure undertaking or

2.

the rail infrastructure service company mbH or any other suitable company or another appropriate body, if the function of an assignment point has been transferred to them by a written contract. "

80. § 62 (3) and (4) are:

" (3) The performance of tasks connected with the function of an allocation body by a railway infrastructure undertaking which is legally, organisationally and in its decisions not independent of railway undertakings, is however inadmissible. Such a railway infrastructure undertaking shall have all the tasks connected with the function of an allocation body either to the rail infrastructure service company mbH or to another suitable company or to another suitable company, respectively. another appropriate body, but only if the latter are legally, organisationally and in their decisions independent of railway undertakings and do not themselves provide rail transport services, with: to carry out these tasks on the basis of their own responsibility as the allocation body in place of the railway infrastructure undertaking; the contract may not contain any provision which complies with the law of the tasks related to the function of an assignment site would affect or make it impossible.

(4) Rail infrastructure undertakings shall disclose to the Rail Control Commission the undertaking to which they have contractually transferred all or part of the tasks associated with the function of an allocation body. "

81. According to § 62, the following § § 62a and 62b shall be inserted together with the headings:

" Operator of a service facility

§ 62a. (1) The operator of a service facility is who operates one or more service facilities or who provides one or more services for rail transport companies. Services are

1.

Services provided in a service facility (§ 58b (1)),

2.

Additional benefits (Section 58b (2)), or

3.

Secondary services (§ 58b (3)).

(2) The operator of the service facilities referred to in Article 58b (1) (1) to (4) and (7) to (9) shall be directly or indirectly controlled by a legal entity, including in the national rail transport markets for which the service facility concerned is concerned. , which holds a dominant position, the operator of such service facilities shall be organised in such a way that it organises these service facilities and in its decisions independently of the Legal entities can operate. Where such a legal entity is itself the operator of such a service facility, that requirement may at least be satisfied by the fact that, for the operation of the service facility, a separate one of the other activities of the legal entity Area is set up.

(3) For a service facility referred to in § 58b (1), their operators and the legal entities which directly or indirectly control the operator and also in the national rail transport markets for which the service facilities are used shall have: , a dominant position shall be to have separate accounts, including separate balance sheets and separate profit and loss accounts.

(4) The Rail Control Commission shall have the power to verify compliance with these provisions on separate accounts; if the provisions are not complied with, the Rail Control Commission shall have the manufacture of: to apply the accounts in a modest way. In the administrative procedure, the checks carried out by the Rail Control Commission shall, upon request, be provided with all relevant information.

(5) Where the service facility is operated by a railway infrastructure undertaking which is legally, organisationally and in its decisions independent of railway undertakings, or shall the operator be directly or indirectly operated by a such railway infrastructure undertakings shall be deemed to have been observed to comply with the provisions of paragraphs 2 and 3.

Degelternal Body

§ 62b. (1) The fee shall be replaced by

1.

the railway infrastructure undertaking or

2.

the rail infrastructure service company mbH or any other suitable company or another appropriate body, if the function of a debent-raising body has been transferred to them by a written contract.

(2) A railway infrastructure undertaking which is legally, organisationally and in its decisions independent of railway undertakings may, in whole or in part, carry out tasks connected with the function of a compensation body; also to the railway infrastructure service company mbH or to another suitable company or transferred to another appropriate place with a written contract.

(3) The performance of tasks connected with the function of a compensation body by a railway infrastructure undertaking which is legally, organisationally and in its decisions not independent of railway undertakings, is not permitted. Such a railway infrastructure undertaking shall have all the tasks connected with the function of a compensation body either to the rail infrastructure service company mbH or to another suitable undertaking or to another suitable undertaking or, respectively, to another suitable undertaking or, respectively, to the railway infrastructure. another appropriate body, but only if the latter are legally, organisationally and in their decisions independent of railway undertakings and do not themselves provide rail transport services, with: to be entrusted with the written contract, which shall then be responsible for carrying out these tasks on the basis of the responsibility of the railway infrastructure company in place of the railway infrastructure undertaking; the contract may not contain any legislation which complies with the provisions of the law Carrying out the tasks associated with the function of a decothed body would affect or make it impossible.

(4) Rail infrastructure undertakings shall disclose to the Rail Control Commission the undertaking to which they have entrusted, in whole or in part, the tasks associated with the function of a counterparty. "

82. The heading in front of the paragraph 63 of the section reads:

" 2. Section

Allocation of infrastructure capacity "

83. § 63 with headline reads:

" Allocation Principles

§ 63. (1) The allocation body shall have the allocation of infrastructure capacity to road capacity entitled under reasonable, non-discriminatory and transparent conditions, in accordance with the principles of equal treatment and the most effective use of the infrastructure. railway infrastructure.

(2) The railway infrastructure shall allow a link to be linked symmetrically to nocturated traffic in knot stations, a railway infrastructure undertaking shall be entitled to provide the necessary infrastructure capacity for the provision of rail services in passenger transport. The required information must be included in the network statement of terms and conditions. The allocation of such infrastructure capacity shall also be carried out in accordance with the principle of equal treatment, under appropriate, non-discriminatory and transparent conditions. The right to establish the infrastructure capacity necessary for the interconnection of symmetrically clocked transport in knot stations for the provision of rail services in the passenger transport sector shall be such that the railway infrastructure undertaking shall , that there is no incompatibility with its obligation to organise and establish cross-border train paths for the carriage of goods in the freight corridors (Art. 14 of Regulation (EU) No 913/2012 on the creation of a single rail network for competitive freight transport, OJ L 327, 22.9.2012, p. No. OJ L 276, 20.10.2012, p. 22), which takes account of infrastructure capacity requirements for the provision of cross-border freight transport services.

(3) Assigned infrastructure capacity may not be transferred to other infrastructure capacity or used for a different type of rail transport service than the one for which it has been assigned. The use of infrastructure capacity by persons entitled to access such infrastructure, which are not a railway undertaking, shall not be considered to be a transmission of allocated infrastructure capacity.

(4) Those who act with assigned infrastructure capacity shall be excluded from the allocation point from a further allocation of infrastructure capacity for a network timetable period.

(5) The duration of the allocation of infrastructure capacity in the form of individual train paths shall be limited by a network timetable period. However, it may be agreed on a framework regulation on the allocation of infrastructure capacity on the railway infrastructure concerned, which has a duration of more than one network timetable period. "

84. § 64 together with headline reads:

" Framework Regulation

§ 64. (1) The allocation body may, with a travel capacity authorized person, take a regulation which provides for the allocation of infrastructure capacity for a longer period than a network timetable period. The time bandwidth can be set within which infrastructure capacity is to be offered, if the travel capacity requested is not available. The allocation of individual train paths must not be regulated.

(2) The allocation of infrastructure capacity shall be in the form of a written framework contract, except in the case of paragraph 3, for an extended period of time than a network timetable period. Where a railway infrastructure company does not itself carry out the function of an allocation body, the allocation bodies shall have framework contracts with the infrastructure capacity entitled under the name and on the account of the railway infrastructure company complete.

(3) The allocation of infrastructure capacity for an extended period of time than a network timetable period to an integrated railway undertaking for the exercise of access rights on its railway infrastructure shall be in the form of a railway undertaking from the allocation body and the Integrated railway undertakings shall be made.

(4) Framework provisions may not preclude access to the railway infrastructure concerned by other persons entitled to travel by capacity. Framework rules must contain a system which allows for their modification in the interests of better use of the railway infrastructure concerned; in such a case, the amendment of a framework may be agreed upon by a patronage.

(5) Framework arrangements should be limited to a period of five years and may be extended by the same periods as the original duration. Framework regulations must be submitted to the Rail Control Commission within one month from the date of its creation by the allocation body. Framework schemes with a duration of more than five years must be justified in relation to the Rail Control Commission and, at the same time as their submission, the information on the business underlying the framework To make contracts, special investments or risks. Framework schemes with a duration of more than 10 years are subject to the approval of the Rail Control Commission, which is particularly relevant for large and long-term investments, in particular in connection with contractual obligations, as well as other comparable risks.

(6) In the interests of business secrecy, the essential characteristics of each framework shall be made known by the allocation body to other eligible persons entitled to travel by capacity on request. "

§ 64a together with headline reads:

" Co-operation of allocation bodies

§ 64a. (1) In the interests of the efficient creation and allocation of cross-network infrastructure capacity in the European Union's rail system and the creation of framework conditions for this purpose, domestic allocation bodies shall be required to: national allocation bodies, with other allocation bodies in other Member States of the European Union, to cooperate in other Contracting Parties to the Agreement on the European Economic Area or the Swiss Confederation.

(2) In doing so, they shall assess the need for cross-border train paths, propose and organise their establishment, where appropriate, in order to facilitate the operation of freight trains which are the subject of an ad hoc coveted request.

(3) allocation bodies whose allocation decisions have an impact on such other allocation bodies shall cooperate with such bodies in order to allocate infrastructure capacity at international level or to allocate such infrastructure capacity to coordinate.

(4) The principles and criteria established in the framework of the cooperation of allocation bodies shall be published by the railway infrastructure undertakings in the network statement of use.

(5) A national allocation body, in the framework of its cooperation with other allocation bodies, shall hold a meeting, which is important for the development of principles and procedures for the allocation of infrastructure capacity, it shall have the European The Commission shall inform the Commission and invite them to the meeting as an observer.

(6) On request, national allocation bodies shall provide the Commission with sufficient information on the development of common principles and procedures for the allocation of infrastructure capacity and on the IT systems for the allocation of Infrastructure capacity to be given.

(7) The domestic allocation bodies shall be obliged to publicly participate in this cooperation, the functioning of this cooperation and all the criteria relevant to the evaluation and allocation of infrastructure capacity, free of charge on the Internet to make accessible.

(8) For the purpose of cross-network allocation of infrastructure capacity, domestic allocation bodies shall ensure that a infrastructure capacity can be addressed to a one-stop shop. This point of contact may be one of the allocation bodies involved or a body set up jointly by the allocation bodies. "

86. § 65 together with the title is:

" Network Schedule Creation

§ 65. (1) All planned train movements and movements of the rolling stock on railway infrastructure affected by access rights shall be defined in a network timetable to be drawn up by the allocation body once in the calendar year. The respective time interval of the network timetables shall be determined by mutual agreement within the framework of the cooperation of the allocation bodies, taking into account the provisions of the Union law. If such a consensual definition does not materialize, this interval must be determined by the Federal Minister of Transport, Innovation and Technology.

(2) The allocation bodies shall agree with other allocation bodies concerned which cross-border train paths must be included in the network timetable before consultations on the network timetable are included. Derogations from this Agreement shall be permitted only if it is strictly necessary.

(3) The allocation body shall ensure that, at the latest eleven months before the entry into force of the network timetable, provisional cross-border train paths are established in cooperation with other relevant allocation bodies and that these train paths as far as possible, in the subsequent network planning procedure.

(4) The time limit for the introduction of the allocation of infrastructure capacity to be included in the network timetable shall not be more than 12 months before the entry into force of the network timetable. At the latest four months after the date of expiry of the time-limit for the transfer of the route capacity by the infrastructure eligible for infrastructure capacity, the allocation body shall draw up a network timetable design.

(5) The allocation body shall have access to the infrastructure capacity which is entitled to contribute to the allocation body for the provision of railway services in international passenger transport by means of a desire to allocate infrastructure capacity for the provision of railway services in the international passenger transport sector. and inform the Rail Control Commission of this. Where the provision of public service obligations in the passenger transport sector is governed by a public service contract on the railway or parts thereof affected by the payment, the Rail Control Commission, for its part, shall: to inform the Contracting Parties of the intended application of the coveted.

(6) The allocation body shall, as far as possible, comply with the allocation of infrastructure capacity with regard to the allocation of infrastructure capacity and to all the constraints to which the driving capacity is subject, in the preparation of the network plan; , including the economic impact on their business activities, as far as possible.

(7) The allocation body shall give priority to specific rail services in the cases of network planning and coordination in the cases referred to in Article 65c (3).

(8) The allocation body shall be obliged to provide all the infrastructure capacity eligible for the allocation of infrastructure capacity or for non-binding demand, as well as to third parties, who shall be responsible for the possible effects of the network roadmap on their options for: the use of rail transport services in the relevant network planning period, to consult the draft network plan and to give them a period of one month for their opinion. The initiation of the hearing shall be made public on the Internet. The allocation body shall take the fullest possible account of justified complaints. The Rail Control Commission shall be given the opportunity to participate in the hearing as an observer.

(9) The allocation bodies shall submit to the Rail Control Commission the relevant network timetable and the relevant documents for the preparation of the network plan within one month of the establishment of the network timetable. The allocation bodies and railway infrastructure companies shall also inform the Rail Control Commission in good time of any important changes in the quality or capacity of the railway infrastructure. "

87. § 65a together with the title is:

" Driving capacity for regular maintenance work

§ 65a. (1) The allocation of infrastructure capacity for infrastructure maintenance work shall be carried out within the framework of the establishment of a network plan.

(2) The allocation body shall take due account of the effects on road capacity authorised by the provision of infrastructure capacity for regular infrastructure maintenance work.

(3) Railway infrastructure undertakings shall inform them as early as possible of the non-availability of infrastructure capacity on the basis of non-scheduled infrastructure maintenance work. "

88. § 65b together with headline reads:

" Coordination procedure

§ 65b. (1) In the case of network planning incompatibilities between different types of infrastructure capacity on the allocation of infrastructure capacity to be taken into account in the establishment of a network plan, the The allocation body shall endeavour to achieve a mutually agreed solution through the coordination of such desire and through negotiation with the capacity of the infrastructure capacity. For this purpose, within reasonable limits, it may offer infrastructure capacity which deviates from the coveted infrastructure capacity. The Rail Control Commission shall be given the opportunity to participate in the hearing as an observer.

(2) In the course of negotiations with the travel capacity eligible persons, the allocation body shall disclose, within a reasonable period of time, free of charge and in electronic or written form:

1.

information on the infrastructure capacity sought by the driving capacity on the same routes;

2.

information on the infrastructure capacity on the same routes for allocation;

3.

information on the infrastructure capacity proposed on the same routes and deviating from the coveted infrastructure capacity;

4.

complete information on the criteria used in the allocation of infrastructure capacity.

In so doing, the identity of the driving capacity justifiers concerned must not be disclosed without their consent.

(3) The principles of the coordination procedure shall be laid down in the rail network conditions. They must, in particular, take account of the difficulty of agreeing on clocked transport and cross-border train paths, and the impact of any changes on other railway infrastructure companies.

The allocation body shall establish a dispute settlement system for the purposes of the rapid settlement of disputes between infrastructure capacity beneficiaries with a view to the allocation of coveted infrastructure capacity, which shall take decisions on: Disputes shall be guaranteed within ten working days. "

§ 65c together with headline reads:

" Overloaded railway infrastructure

§ 65c. (1) In cases where the allocation of infrastructure capacity, which would have to be taken into account in the preparation of the network, after coordination of the infrastructure capacity allocation request and after consultation of the , the allocation body shall immediately declare the railway infrastructure section concerned to be overloaded without delay. This must also be done in the case of railway infrastructure, which will see that their capacity will not be sufficient in the near future.

(2) If railway infrastructure has been declared overloaded, the railway infrastructure company shall carry out the capacity analysis (Section 65d) unless a plan to increase capacity (§ 65e) is already implemented.

(3) If charges in accordance with § 67a have not been collected or if they have not resulted in a satisfactory result and railway infrastructure has been declared overloaded, the allocation body shall have non-discriminatory access to the network plan The following priority shall be given to the conditions and in accordance with the following order:

1.

Request for the allocation of infrastructure capacity defined in accordance with § 63 (2);

2.

Request for the allocation of infrastructure capacity for the provision of public service obligations in passenger transport during peak periods of transport;

3.

other references to the allocation of infrastructure capacity in accordance with the order of magnitude of the social benefits of the rail services on which they are based; freight services, in particular international freight services, shall be to provide greater social benefits than passenger transport services.

(4) The procedures and criteria to be applied in relation to overloaded railway infrastructure shall be laid down in the rail network conditions. "

90. § 65d together with headline reads:

" Capacity Analysis

§ 65d. (1) The purpose of a capacity analysis is to identify the bottlenecks in railway infrastructure which prevent the allocation of infrastructure capacity from taking place in an appropriate manner, and the presentation of the manner in which it is carried out. additional desire can be granted. The analysis shall identify the reasons for congestion and indicate possible short-and medium-term remedial measures.

(2) The subject matter of the analysis shall be the railway infrastructure, the operating procedures, the nature of the various railway services carried out and the impact of all these factors on the infrastructure capacity. The measures in need of audit include, in particular, the diversion of rail transport services, the time-shift of rail transport services, changes in the speed and improvements of railway infrastructure.

(3) Capacity analysis shall be completed within six months after a railway infrastructure has been designated as overloaded. "

91. In § 65e, the first sentence of the first sentence and the first sentence of paragraph 1 of the first sentence shall be the word "Rail Infrastructure" by the word "railway infrastructure" , in paragraph 1 Z 4 the word "Use charges" by the word "Infrastructure Charges" and in paragraph 3, the quote "§ 67 (2)" by quoting "§ 67a" replaced.

92. According to § 65e, the following § 65f shall be inserted, together with the heading:

" Desire for task of train paths

§ 65f. In particular in the case of overloaded driving routes, the allocation body shall be required to require the authority of the infrastructure to take the task of train paths which, in a period of at least one month, are less than one in the rail network conditions has been used, unless this is due to non-economic reasons beyond the influence of the driving licence. "

93. § 66 (2) reads:

" (2) In emergency situations and where this is strictly necessary because access to the railway infrastructure is temporarily not possible due to an operational disturbance, the assigned train paths may be locked without notice as long as it is necessary to repair the railway infrastructure. The railway infrastructure undertaking may, if it deems it necessary, require it to have the right of access to which train paths are allocated on the railway infrastructure concerned, in accordance with the available capacity and the capacity of the railway infrastructure. To be reasonably expected to provide the funds that he believes are best suited to restore the normal situation as soon as possible, against reasonable cost and industry-related charges. "

94. To the position of 3. Section in the 2nd main piece of the 6. Part (§ § 67 to 70 including the headings) is the following 3. Section:

" 3. Section

Infrastructure charges and service charges

1. Subsection

Charging principles for infrastructure charges

Cost of train operation

§ 67. (1) Access charges for access to the railway infrastructure, including those linked to service facilities, and for the granting of the minimum access package, shall in principle be determined at the level of the costs incurred by the service facilities; are produced directly on the basis of the train operation.

(2) The European Commission shall adopt an implementing act specifying the detailed rules for the calculation of the costs directly incurred as a result of the operation of the railway infrastructure, the railway infrastructure undertaking shall be entitled to: the gradual adoption of these modalities, but the adoption of the modalities shall be carried out within a period of four years from the date of entry into force of the implementing act.

Charge components for capacity bottlenecks

§ 67a. Infrastructure charges may include a remuneration component which reflects time and local capacity constraints on a route, route part or other section of the railway infrastructure for the duration of congestion.

Environmental impact of the train operation

§ 67b. (1) As long as this does not increase the total revenue of the railway infrastructure company, the costs of environmental impacts resulting from the operation of the train shall be met by way of derogation from section 67, in any case, a change in the infrastructure charges shall be , in accordance with the nature of the environmental impact of the train operation, to be differentiated.

(2) A change in infrastructure charges in such a way as to result in an increase in the overall revenue of the railway infrastructure company by charging the costs to cover the environmental impact resulting from the operation of the train, but is shall be permitted only if, for the purpose of the use of national roads for the purpose of the provision of freight services and for the environmental impact resulting therefrom, such an effect shall be incurred in order to cover such effects.

(3) The Office for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) has to inform the Federal Minister of Transport of the extent to which the change in the amount of the proceeds of the total revenue has increased. The Federal Minister of Transport, Innovation and Technology has to decide how to use this additional multi-revenue from the railway infrastructure company.

(4) The compensation body shall keep records of the environmental impact of the train operation on the environmental impact of a change in the infrastructure charge and the manner in which it may be amended. of the infrastructure charge. These records are to be made available to rails-Control GmbH unsolicly. If requested by the European Commission, rail-control GmbH has to provide it with these records.

Establishment of the infrastructure charge

§ 67c. Infrastructure charges may be fixed over a reasonable period of time, such as a calendar year or a network timetable period and per type and time of rail transport services. In doing so, the relative level of the flat-rate infrastructure charges must remain in relation to the costs incurred by rail transport services.

2. Subsection

Exception to the charging principles for the infrastructure charge

Full cost recovery of infrastructure charges

§ 67d. (1) In so far as the infrastructure charges and other proceeds from the operation of the railway infrastructure are not sufficient to meet the full cost of the costs, further surcharges on the basis of more efficient, transparent and non-discriminatory principles, while ensuring the best possible competitiveness of the segments of the railway market. However, the level of infrastructure charges shall not exclude the use of the railway infrastructure by market segments which may at least provide the costs directly incurred as a result of the train operation and a return on the market.

(2) Prior to the fixing of additional surcharges, the railway infrastructure undertaking shall assess the extent to which the surcharges are relevant for certain segments of the market, at least the one referred to in Annex VI (1) of Directive 2012/34/EU. Transport service pairs to consider and select the appropriate ones.

(3) The further breakdown of market segments according to the type of carriage of goods or passengers is permitted.

(4) The railway infrastructure undertaking shall draw up a list of market segments it has established, to publish it in the network statement of terms and conditions and to review it every five years. This list shall include at least the following three segments:

1.

freight transport services,

2.

passenger transport services under a public service contract; and

3.

passenger transport services.

(5) In the list of defined market segments, market segments are also to be defined in which access beneficiaries are currently not active, but in which they may provide services during the lifetime of the charging scheme.

(6) The fixing of further surcharges shall be subject to the approval of the Rail Control Commission, which shall be granted if the conditions set out in paragraph 1 are met. The application shall be submitted to the list of defined market segments and the result of the examination to be carried out in accordance with paragraph 2.

(7) If a railway infrastructure company intends to modify the essential elements of the charges referred to in paragraphs 1 to 5, it shall have this change at least three months before the end of the period referred to in Article 59 (8) for the publication of the network statement of terms of use on its website.

Higher track access charges for certain railway infrastructures

§ 67e. On the basis of the long-term investment costs, higher infrastructure charges may be set for access to such a railway infrastructure, the construction or extension of which was completed after 1988, this construction or extension to an increased performance or reduced costs for use, and this construction or extension would not have been carried out without increased infrastructure charges.

Infrastructure charging rules for certain railway corridors

§ 67f. (1) The infrastructure charges for access to the railway corridors set out in Decision 2009 /561/EC amending Decision 2006 /679/EC as regards the implementation of the technical specification for interoperability (TSI) of the subsystem Train control/control and signalling of the trans-European conventional rail system, OJ C 327, 28.4.2002, OJ L 194, 25.07.2009, p. 60. Such a differentiation must not alter the revenues of the railway infrastructure company as a whole.

(2) This differentiation shall be carried out in such a way as to provide incentives to equip trains with a version of the European Train Control System (ETCS), as amended by Decision 2008 /386/EC amending Annex A Decision 2006 /679/EC on the technical specification for interoperability of the train control, control and signalling subsystem of the trans-European conventional rail system and Annex A to Decision 2006 /860/EC on the technical specification for interoperability of the subsystem Train control, train protection and signalling of the trans-European high-speed rail system, OJ C 327, 28.4.2002 11, which is compatible with the version and subsequent versions approved.

(3) Paragraph 1 shall not apply;

1.

where access to the railway corridors is used for the provision of regional passenger transport services which were first put into service before 1985 and which do not operate with the European train control system (ETCS), or

2.

if on the railway corridors only trains equipped with ETCS are allowed to operate.

Comparability of infrastructure charges

§ 67g. The average infrastructure charge and the marginal cost-based infrastructure charges of a railway infrastructure company shall be comparable to similar uses of its railway infrastructure. The same infrastructure charges shall be charged for the provision of comparable rail services in a segment of the rail transport market. To the extent that this is possible without the disclosure of confidential business data, the railway infrastructure company shall specify in its network conditions the way in which these requirements will be met.

3. Subsection

Other business

Performance-dependent commuting components

§ 67h. Moreover, by applying the principles of a performance-based charging scheme as set out in point 2 of Annex VI to Directive 2012/34/EU to be applied to the entire railway infrastructure, the infrastructure charging rules must also include performance-based components , which shall provide incentives for the right of access and of railway infrastructure undertakings to avoid operational disruptions and to increase the performance of the railway infrastructure. This may include, in particular, pönals for operating disturbances of the railway infrastructure, compensation for beneficiaries affected by the disturbances and a bonus scheme for services exceeding the agreed performance level.

Charge for unused infrastructure capacity

§ 67i. For allocated but unused infrastructure capacity, an appropriate fee shall be levied by the charging agency. Criteria in this respect shall be included in the network statement of conditions. The allocation body shall make arrangements to enable them to provide information at any time to interested persons entitled to access and to the Rail Control Commission on the extent of the capacity of the infrastructure to which this infrastructure capacity is to be capacity Access authorized users have already been assigned.

Determination of infrastructure charges

§ 68. (1) For a railway infrastructure company, the infrastructure charging rules shall be fixed by the charging station, if it is not the railway infrastructure company itself, after having received its proposal.

(2) The infrastructure charging rules shall be included in or annexed to the rail network conditions by the railway infrastructure undertaking. It shall also be accompanied by an explanation which shows how the requirements of § § 67 to 67h are complied with, insofar as this is possible without the disclosure of confidential business data.

(3) On the basis of the infrastructure charging rules, the fee-lifting body shall each set the infrastructure charge to be paid for a coveted access to the railway infrastructure, including the granting of the minimum access package.

(4) The compensation body shall ensure that:

1.

except in the case of § 67e, that the system of charging for the infrastructure of the railway infrastructure company is based on the same principles,

2.

that the application of the infrastructure charging rules shall lead to equivalent and non-discriminatory infrastructure charges for different persons entitled to access which provide rail services of equivalent type in similar markets; and

3.

that the infrastructure charges actually levied are in accordance with the rules laid down in the network statement.

(5) The information provided to them by road capacity-bearing authorities shall be kept secret by the vacancy-raising authorities.

Negotiations on the level of the infrastructure charge

§ 68a. Negotiations between the driving capacity eligible for capacity and the compensation body on the amount of the infrastructure charge to be paid shall only be permitted if they are conducted under the supervision of the Commission's Rail Control Commission. If these negotiations threaten breaches of the rules on the determination of the level of infrastructure charges, the Rail Control Commission has announced that it will inform the negotiators of this.

Charging of infrastructure charges

§ 69. The person entitled to a travel capacity shall be required to pay the infrastructure charge fixed for access to the railway infrastructure and the infrastructure charge fixed for the granting of the minimum access package to the charging station. The charging authority shall pay the infrastructure charge to the railway infrastructure company which has been contractually responsible for transferring the function of a fee-raising body.

Commuting discounts

§ 69a. (1) The use of any infrastructure discount may only be based on infrastructure charges levied only for a specific section of the railway infrastructure and which must be limited to the administrative costs which have been saved, with the aid of which the To determine the cost savings taken into account, account should not be taken of the cost savings.

(2) In addition to paragraph 1, for a single type of rail transport services, there may be time-limited discounts for the promotion of the development of new rail transport services or for the promotion of access to the railway infrastructure by means of a very large number of , if these discounts are accessible to all persons entitled to access by way of the network statement of use.

Service charges

§ 69b. (1) In the case of the identification of the charges for the granting of the rail access within service facilities and the granting of services provided in service facilities, the charges shall apply to the charges for the payment of the charges for the granting of the rail access within service facilities. the costs incurred, plus a reasonable profit, shall not exceed. This also applies in the event that the granting of additional services or anceshare services is offered only by a single operator of service facilities.

(2) A return on equity, taking into account the risk of the operator of a service institution, including in terms of revenue, or the absence of such a risk, and the average return in the profit margin shall be equitable profit. the sector in question is not significantly different in previous years.

(3) The charges for the granting of access to service facilities, including rail access, and the granting of services shall be fixed and raised by the operator of the service facility.

(4) Charges for fuel made available in facilities for fuel consumption shall be disclosed separately on the invoice.

(5) The charges for the electricity supplied shall be dismissed on the invoice separately from charges for the use of power supply equipment.

Information and follow-up duties

§ 69c. (1) In order to carry out their duties, the Rail Control Commission shall submit all information on charges levied to the rail control commission and operator of service facilities.

(2) In the case of charging and service facilities operators and other railway undertakings must be able to demonstrate at all times that the charges actually charged to them are to be found in the Rail network conditions of use shall be in accordance with the procedures, rules and, where appropriate, tables

Cooperation on cross-rail infrastructure charging schemes

§ 70. (1) In other Member States of the European Union or in other Contracting Parties to the Agreement on the European Economic Area, compensation shall be provided for in other Member States of the European Union or in other Member States of the European Union or of other Contracting Parties to the Agreement to work together to ensure the application of efficient infrastructure charging arrangements.

(2) In order to coordinate the charging of infrastructure charges or the levying of the infrastructure charges for rail network-wide train operation in the European Union, compensation shall be given to other vacancy-related posts with registered offices. , in Austria or in other Member States of the European Union or of other Contracting Parties to the Agreement on the European Economic Area. In the context of this concentration, they must, in particular, endeavour to ensure the best possible competitiveness of cross-border rail transport services and to ensure the efficient use of rail networks. To this end, they have to contribute to the creation of the necessary procedures.

(3) In an effort to ensure the best possible competitiveness of international rail transport services, compensation shall be paid to other vacancy-related bodies established in Austria or established in other Member States. the European Union or other parties to the Agreement on the European Economic Area shall cooperate with the aim of ensuring that Articles 67d and 67h are applied in an efficient way. "

§ 70a and transcripts are:

" 4. Section

Treatment of desire, complaint

Legal Form

§ 70a. (1) The allocation of infrastructure capacity, the granting of the minimum access package, the granting of access to service facilities, including the rail access, and the granting of services, except in the case of paragraph 4, in The form of a written contract shall be made. This contract shall include all the access to the railway infrastructure, the granting of the minimum access package, the granting of access to service facilities, including the access to the rail and the provision of services related, transparent and non-discriminatory conditions with regard to the administrative, technical and financial arrangements.

(2) Where a capacity-bearing capacity is not a railway undertaking, it shall have the right of access to the allocation body to be reputable to the person responsible for the access to the railway. For these, the parts of the Treaty on the allocation of infrastructure capacity shall be legally binding, which shall govern the conditions necessary for the use of railway infrastructure with regard to the administrative and technical modalities; Conditions have to be clearly visible in the contract.

(3) Where a railway infrastructure company is not itself authorised to perform the function of an allocation body, the allocation bodies shall have contracts for the allocation of infrastructure capacity and on the granting of the minimum access package in the name and on the To complete the calculation of the railway infrastructure company. In the case of the contractual determination of the infrastructure charges, the allocation bodies are bound by the stipulations of the fee-raising authorities.

(4) The allocation of infrastructure capacity to an integrated railway undertaking for the exercise of access rights on its railway infrastructure and the granting of the minimum access package for its own purposes shall be in the form of one of the allocation body and to the integrated railway undertaking, which shall comply with all the relevant, transparent and non-discriminatory conditions with regard to the administrative, technical and financial arrangements . In determining the infrastructure charges, the allocation body shall be bound by the stipulations of the vacancy-raising authorities.

(5) The granting of access to service facilities operated by an integrated railway undertaking itself, including rail access, for its own purposes and for the provision of services for its own purposes shall be granted in a document. , which shall contain all the related, transparent and non-discriminatory conditions relating to the administrative, technical and financial arrangements.

(6) Written contracts as referred to in paragraphs 1 and 4 shall not be subject to the legal transaction fees in accordance with the Fees Act of 1957. "

96. § 71 with headline reads:

" Treatment of the allocation of infrastructure capacity and the granting of the minimum access package

§ 71. 1. Each allocation body shall have the right to allocate infrastructure capacity or to grant the minimum access package if these are included in the form set out in the rail network statement of use. , where the allocation body is not involved in the negotiations with the railway infrastructure company, the latter must be involved in the negotiations.

(2) A reference to the allocation of infrastructure capacity on the railway infrastructure of several railway infrastructure undertakings shall be that of the infrastructure eligible for the point of contact identified by the authorities responsible for the allocation of railway infrastructure . Where the point of contact is at the same time an allocation body, it shall be obliged to request the allocation of the necessary infrastructure capacity on behalf of the other competent authority in the case of the other allocation bodies concerned.

(3) The allocation body shall, in coordination with the other authorities concerned, have no unnecessary delay, but no later than one, by means of a request for allocation of infrastructure capacity to be taken into account in the preparation of the network plan. Month after expiry of the draft opinion on the draft network plan, in the case of the implementation of a coordination procedure, at the latest ten working days after its conclusion. A defect lifting order has the effect that it is only with the complete correction of the defect that the desire is deemed to have been received. The decision shall be made in accordance with the provisions of this Federal Law either in the form provided for in § 70a or by a written rejection of the desire to do so.

(4) The allocation body shall, in coordination with the other allocation bodies concerned, without unnecessary delay, at the latest, by means of a request for allocation of infrastructure capacity which is not to be taken into account in the preparation of the network plan. to decide within five working days from the date of receipt of the written request. A defect lifting order has the effect that it is only with the complete correction of the defect that the desire is deemed to have been received. The decision shall be made in accordance with the provisions of this Federal Law either in the form provided for in § 70a or by a written rejection of the desire to do so.

(5) In order to grant the minimum access package, it is necessary to decide without unnecessary delay, but no later than one month after the written request has been submitted. A defect lifting order has the effect that it is only with the complete correction of the defect that the desire is deemed to have been received. The decision shall be made in accordance with the provisions of this Federal Law either in the form provided for in § 70a or by a written rejection of the desire to do so.

(6) In respect of the grant of the minimum access package, it shall be decided without unnecessary delay and at the latest within five working days after the written request has been submitted, if the written request is in connection with a desire to be allocated of infrastructure capacity that is not to be taken into account in network planning. A defect lifting order has the effect that it is only with the complete correction of the defect that the desire is deemed to have been received. The decision shall be made in accordance with the provisions of this Federal Law either in the form provided for in § 70a or by a written rejection of the desire to do so.

(7) In the decision on the allocation of infrastructure capacity not to be taken into account in network planning (ad-hoc desire) and in connection with the decision on related desire for the granting of the Minimum access packages shall be taken into account as a matter of priority for the purpose of carrying out public tasks; this applies in particular to the allocation of infrastructure capacity which is necessary for the use of the Bundesheeres or the Immediate preparation of an insert according to § 2 of the Military Act 2001 or for Use of similar exercises is required.

(8) If the allocation of infrastructure capacity or the granting of the minimum access package is refused, the allocation body of the Rail Control Commission shall be notified within one month of the refusal. "

97. In accordance with § 71, the following § 71a and heading is inserted:

" Treatment of desire for access to service facilities and the provision of services

§ 71a. (1) Each operator of a service facility shall examine a desire for railway undertakings to grant access to service facilities, including rail access, and to provide services, and to negotiate .

(2) The Rail Control Commission shall lay down, by means of a Regulation, appropriate time limits within which the railway undertakings shall be granted access to a service facility, including the access to the rail, and to the service facility, Provision of services to be decided.

(3) In order to grant access to a service facility, including rail access, and to provide services provided in such a service facility, it may not be possible to refuse access to the service facility if the service facility is not Alternatives exist.

(4) A viable alternative is provided if access to another service facility, including the rail access, and the provision of services provided in such a service facility for which: Railway undertakings shall be economically acceptable and shall enable it to carry out the rail service which it wishes to carry out on the railway infrastructure or alternative railway infrastructure which it provides for it.

(5) An alternative railway infrastructure shall be a different railway infrastructure between the same place of origin and destination, if between the two railway infrastructures for the implementation of the intended railway service by means of the Railway undertakings may be substitutable.

(6) The operators of service facilities referred to in § 62a (2) have to justify a rejection of a request in writing and to show the presence of viable alternatives.

(7) Where the operator of a service facility referred to in § 58b (1) conflicts between various requests for access to this service facility, including rail access, and for the granting of services, which are provided in such a service facility, it has to make every effort to respond to all these desire as far as possible.

(8) In order to refuse access to service facilities, including rail access, and the granting of services, the operator of the rail control commission shall be responsible for this within one month. Refusal to disclose. "

98. § 72 together with the title is:

" Complaint against the allocation body

§ 72. (1) If an agreement is rejected on the allocation of infrastructure capacity or on the granting of the minimum access package, or if an agreement is reached

1.

in order to grant the minimum access package within one month from the date of receipt of the request at the allocation body,

2.

on the granting of the minimum access package provided for in connection with a request for allocation of infrastructure capacity which is not to be taken into account in the establishment of the network, within five working days from the date of entry the coveted award at the allocation body,

3.

on the allocation of infrastructure capacity to be taken into account in the drawing up of the network plan, within one month of the date of expiry of the draft opinion on the draft network plan, in the case of the implementation of a network plan coordination procedure within ten working days of its conclusion, and

4.

on the allocation of infrastructure capacity which is not to be taken into account when the network timetable is drawn up, within five working days from the date of the request at the point of allocation

if the infrastructure capacity affected by the desire has not been or has been assigned to another infrastructure capacity authorized person, the travel capacity entitled complaint may be made to the Rail Control Commission.

(2) The complaint shall be made in writing and, alternatively,

1.

an application for the allocation of the coveted infrastructure capacity, together with the description of the essential content of the intended contract or of the document to be sought, or

2.

a request for the grant of the minimum access package, together with the description of the essential content of the contract envisaged, or the document to be sought,

to be included.

(3) The allocation body to which the desire has been made has the Commission's rail control commission the information relevant to the decision on the complaint, in particular correspondence with all the allocation bodies concerned, within one week of being requested by the Rail Control Commission. The same shall apply to the compensation body if an agreement has not been reached on the payment of a payment for financial arrangements. The Rail Control Commission may use this relevant information only for the decision on the complaint.

(4) The Rail Control Commission shall, within one month of receipt of the complaint, initiate an investigation, request, where appropriate, relevant information and discussions with the allocation body responsible for the allocation, the to initiate the compensation body, the person entitled to travel, and the person entitled to travel, to whom the sought-after train of train has been assigned. Within a reasonable period of time previously announced by the Commission of the Rail Control Commission, but not later than six weeks after the required relevant information has been received, the rail control shall be: Commission with decision.

(5) The complaint concerning the allocation of infrastructure capacity shall be accepted if the statutory conditions for the allocation of the coveted infrastructure capacity are available; in this case, the allocation of the coveted capacity shall be Infrastructure capacity shall be carried out by means of the communication to which the complaint is lodged, which shall replace the conclusion of a written contract or the drawing up of a document on the allocation of infrastructure capacity; the communication shall have all the conditions in the With regard to the administrative, technical and financial arrangements. If the coveted infrastructure capacity has already been assigned to another capacity by the allocation body, the Rail Control Commission shall at the same time have the contract or certificate with which the assignment of the the sought-after infrastructure capacity was declared to be ineffective, in whole or in part, with a decision of the person entitled to the infrastructure.

(6) The complaint with which the grant of the minimum access package is sought shall, in the case of the existence of the legal conditions for the granting of the minimum access package, be granted; in this case, the grant of the minimum access package shall be granted by: the decision to be made to the complaint, which replaces the conclusion of a contract or the drawing-up of a document on the granting of the minimum access package; the communication has all the conditions with regard to the administrative, technical and financial arrangements.

(7) A decision adopted pursuant to paragraphs 5 and 6 shall be based on the subsequent conclusion of a written contract or a subsequent drawing up of a document on the allocation of infrastructure capacity or on the granting of the The minimum access package between the appellant and the allocation body shall not preclude. "

99. § 73 together with headline reads:

" Complaint against an operator of service facilities

§ 73. (1) Where an operator of a railway undertaking shall be refused access to service facilities, including rail access, and services provided to an operator of service facilities, and for the provision of services or if agreement between the operator of the service facilities and the railway undertaking is not reached within a reasonable period of time, the railway undertaking may lodge a complaint with the Rail Control Commission. The complaint must be made in writing and a request for access to service facilities, including the access to the rail system, and the granting of services, including the name of the essential content of the intended purpose. Contract to be included.

(2) The operator of service facilities to which the desire has been made shall have the relevant information required for the decision on the complaint to the Rail Control Commission within one week of being requested by the Commission. Rail Control Commission.

(3) The Rail Control Commission may use this relevant information only for the decision on the complaint.

(4) The Rail Control Commission shall, within one month of receipt of the complaint, initiate an investigation, request relevant information where appropriate, and enter into discussions with the operator of the service facility and the railway undertakings. Within a reasonable period of time previously announced by the Commission of the Rail Control Commission, and no later than six weeks after the required relevant information has been received, the rail control system shall be: Commission with decision.

(5) The complaint concerning the granting of access to service facilities, including the access to the railway, and the granting of services, shall be subject to the conditions laid down in law for the granting of access to the service. service facilities, including rail access, and the provision of services; in this case, the coveted granting of access to service facilities, including rail access, and the coveted granting of of services provided by the complaint , which shall replace the conclusion of a written contract, and shall contain all the conditions with regard to the administrative, technical and financial arrangements.

(6) If a desire is based on access to a service facility, including rail access, and the provision of the services provided in such service facilities is based on a proven need, a If the operator of the service facility does not have the capacity to do so, the rail control commission has not been able to comply with the complaint because the operator of the service facility has the complaint. Do not know

1.

Contracts for the granting of access to this service, including rail access, and the granting of the services provided in the service facility, or documents in which the access to the said service is granted the service facility, including the rail access, and the provision of the services provided in the service facility, to be amended in such a way as to ensure that the rail transport undertaking responsible for the operation of the service is also provided for: Allocated appropriate part of the existing capacity required , and

2.

grant access to the service facility, including the rail access, to the complain-leading railway undertaking and to the services provided in the service facility, the communication being the conclusion of a , the communication shall contain all the conditions relating to the administrative, technical and financial arrangements.

(7) A communication adopted in accordance with paragraphs 5 and 6 shall be subject to a later conclusion of a contract concerning the granting of access to service facilities, including the access to the rail, and the granting of services between the shall not prevent complaints from railway undertakings and the operator of service facilities. "

100. Section 73a together with the headline reads:

" Presentation of contracts and documents

§ 73a. (1) The allocation body shall be obliged to conclude contracts or documents drawn up on the allocation of infrastructure capacity and concluded contracts or documents drawn up on the granting of the minimum access package within one month. after the contract has been concluded or the rail control commission has been prepared for the first time. In the case of section 62 (3), the contracts concluded for the allocation of infrastructure capacity and contracts for the granting of the minimum access package are also immediately available to the railway infrastructure company by the allocation body. ; if the allocation body does not also have the function of a compensation body, the contracts shall also be submitted to the compensation body without delay by the allocation body.

(2) (1) first sentence shall also apply to operators of a service facility with regard to contracts for the granting of access to service facilities, including rail access, and the granting of services or with a view to: Documents documenting the granting of access to service facilities, including rail access, and the granting of services. "

101. Section 74, including the headings, reads as follows:

" 5. Section

Competition monitoring, market monitoring

Supervision of competition

§ 74. (1) The Commission's Rail Control Commission has been responsible for the complaint of railway undertakings or railway undertakings as well as of its own

1.

an allocation body with regard to the allocation of infrastructure capacity and, in respect of the granting of the minimum access package in the event of an infringement, one of the provisions of the 6. to impose, or to prohibit such conduct, any part or any of the legislation which is directly applicable to Union law, the regulation of the rail transport market, or

2.

in the case of an infringement, a charging authority with regard to the decision on the amount of the infrastructure charge to be paid, the granting of discounts and the charging of infrastructure charges in the event of an infringement shall be one of the provisions of the 6. to impose, or to prohibit such conduct, any part or any of the legislation which is directly applicable to Union law, the regulation of the rail transport market, or

3.

a railway infrastructure undertaking with regard to the exercise of access to the railway infrastructure by an authorised person, and with regard to the use of a minimum amount of access granted by an authorised person in the event of an access to the railway infrastructure in the case of infringement, one of the provisions of the 6. to impose, or to prohibit such conduct, any part or any of the legislation which is directly applicable to Union law, the regulation of the rail transport market, or

4.

an operator of service facilities with regard to the granting of access to service facilities, including the rail access, and the granting of services in the event of an infringement, one of the provisions of the 6. to impose, or to prohibit such conduct, any part or the directly applicable Union law, regulation of the rail transport market, or to prohibit such conduct; or

5.

the provisions of the 6. Part or the directly applicable Union law, the regulation of the rail transport market legislation which does not regulate the rail network-Terms of use, contracts or documents wholly or in part for ineffective explain, or

6.

the appointment of a rail network-terms of use that are fully declared to be ineffective or to prohibit the use of those parts of the rail network-terms of use that are declared ineffectable, or

7.

to supplement the network statement of conditions of use by providing information or information which, contrary to the provisions of the 6. part or the directly applicable Union law, the regulation of the rail transport market is either not included, or is ineffective as a result of a declaration of ineffectiveness, or

8.

to establish whether, in design form, the provisions of the rail network are subject to the provisions of the 6. part or the directly applicable European Union law, regulation of the rail transport market would not be in accordance with the rules governing the rail market, or

9.

To declare contracts or documents relating to the allocation of infrastructure capacity or the granting of the minimum access package to be ineffective if the railway infrastructure company which has concluded the contract or issued the document contrary to § 62 (3) the function of an assignment body and, contrary to Section 62b (3), exercised the function of a counterparty or a counterparty, or

10.

Contracts relating to access to service facilities, including rail access, and the granting of services to be provided in these service facilities for ineffectiveness, if the contract has been concluded by one under section 62a (2) the operator of service facilities has been terminated and the operator is not organized in accordance with Section 62a (2), or

11.

a compensation body or, if a railway infrastructure undertaking itself exercises the function of a charging authority, to apply an appropriate fee for unused infrastructure capacity in accordance with § 67i.

(2) In a procedure referred to in paragraph 1, those against which the proceedings are addressed shall have all the information relevant to the decision, in particular correspondence with complainants, driving capacity beneficiaries, or Railway undertakings shall, as requested by the Rail Control Commission, present them. To this end, the Rail Control Commission has set a reasonable period of time not to exceed one month. On a timely request, the Rail Control Commission shall extend this fixed period for a period of not more than two weeks if exceptional circumstances of the timely submission of the requested relevant information are subject to the Prevent information.

(3) In the event of a complaint, the Rail Control Commission shall, within one month after the filing of the complaint, initiate an investigation, request relevant information where appropriate, and hold discussions with the complainant and the complainant. against which the complaint is directed. Within a reasonable period of time previously announced by the Commission of the Rail Control Commission, and no later than six weeks after the required relevant information has been received, the rail control system shall be: Commission with decision.

(4) The responsibilities of the cartel court shall remain unaffected. "

102. Section 74a together with the headline reads:

" Market observation

§ 74a. (1) The Rail Control Commission is responsible for market monitoring to determine the development of competition in the Austrian rail transport market.

(2) Access points, charges levied, operators of service facilities, railway infrastructure undertakings and railway undertakings shall have the Commission responsible for monitoring the market for the purpose of establishing the development of competition in the Austrian rail transport market, including the impact on passengers and customers, required data requested and requested by it, within a reasonable period of time.

(3) The Rail Control GmbH has to forward to the Bundesanstalt Statistik Austria the data required for the production of rail transport statistics in accordance with the Road and Rail Transport Statistics Act, BGBl. No 142/1983. § 10 of the Federal Statistics Act 2000, BGBl. I No 163/1999. '

103. Section 75, together with headline: no.

104. Section 75a together with the headline reads:

" Access rights on other railways

Section 75a. (1) The provision of rail services in public transport to or from freight terminals, ports or other service facilities, if the latter are not exclusively used for the carriage of goods on a connecting railway, can only be provided by: Access to a connecting railway shall be carried out by the railway undertaking operating in such a way as to give access to its connection to non-discriminatory, proportionate and non-discriminatory access to its access path transparent conditions and, in order to access them beyond that grant, under the conditions set out in § 58, the minimum access package introduced in § 58 to the exclusion of any discrimination. The allocation of infrastructure capacity and the granting of the minimum access package shall be in the form of a written contract.

(2) The provision of railway services from a public railway to a connecting railway or from a connecting train to a public railway can only be carried out on the basis of the investment conditions only by the exercise of an access on a public railway If other railway undertakings are to be connected, the other railway undertakings operating this connecting railway shall be:

1.

the railway undertakings operating the connecting railway, and

2.

railway undertakings authorised to operate railway services on the public railway system;

to grant access to these terminals for the purpose of the provision of rail services in transit through the allocation of infrastructure capacity to non-discriminatory, appropriate and transparent conditions and to access them for access to such services; In addition, under the conditions set out in § 58, access shall be granted to the minimum access package listed in § 58, to the exclusion of any discrimination. The allocation of infrastructure capacity and the granting of the minimum access package shall be in the form of a written contract.

(3) The provisions relating to the regulation of the rail transport market, including the possibility of giving access to access by authorized railway undertakings to the Rail Control Commission and the rights of the railway undertakings, shall be subject to access under paragraphs 1 and 2 of this Article. Rail Control Commission in accordance with § § 74 and 84a applies. For cases of access as referred to in paragraphs 1 and 2, the Rail Control Commission may, at the request of the railway undertaking operating the connecting railway, facilitate the facilitation of the provisions relating to the regulation of the rail transport market. shall not be jeopardised by the achievement of the regulatory purpose (Article 54). Such facilities shall be granted, in particular, to the extent that there is no desire for access by third parties for the route or part of the route. In the case of the granting of relief, any existing contractual arrangements for the use of the route or the route part shall be taken into account if they do not preclude the achievement of the regulatory purpose. "

105. In Section 75b (1), the words shall be: "Rail transport services" by the words "Rail services" replaced.

106. The name and the headings before § 76 are:

" 6c. Part

Rails-Control GmbH

Foundation of the rails-Control GmbH "

107. Section 77 (1) reads as follows:

" (1) The Rail Control GmbH is located next to it in the 2nd, 5. and 6c. Part of this federal law assigned jurisdiction (in particular § § 74a (3), 78a, 78c and 84 (3)) or responsibilities assigned by other federal laws to the following tasks:

1.

the monitoring of the maintenance of the provision and deposit obligations of the allocation bodies, the issuing bodies, the infrastructure of infrastructure capacity, the railway infrastructure undertakings, which are present in relation to the rail control commission, railway undertakings, other railway undertakings and operators of service facilities;

2.

the Management Board for the Rail Control Commission (Section 81 (3));

3.

the activities of a concreting body;

4.

annual collection of data requested by the European Commission for market surveillance purposes, in particular on the one hand, on the use of the Austrian railway system and, on the other hand, on the development of the framework conditions in the railway sector; the provision of this data to the European Commission;

5.

Performance of the tasks of the Rail Control Commission on their behalf if it has been authorized by the Rail Control Commission to do so (Section 81 (4)). "

108. Section 77 (5) reads as follows:

" (5) The Rail Control GmbH has to take all organizational precautions to be able to perform its tasks and to enable the Rail Control Commission to carry out its tasks independently; the requirements of the rail control system Commission shall be taken into account in respect of the human resources necessary for the independent performance of its tasks and of the necessary material resources. "

109. Section 78 (1) reads as follows:

" (1) The Rail Control GmbH has the General Administrative Procedure Act 1991-AVG, BGBl in the official procedure. No 51/1991. '

110. Section 78 of the provisions of section 3 and 4 shall be deleted.

111. In Section 78a (1), the word shall be: "Rail transport services" by the word "Rail services" replaced.

112. In accordance with § 78c, the following § 78d and heading is inserted:

" Disclosure Requirements

§ 78d. Railway infrastructure undertakings and railway undertakings shall, on request, provide the rail control GmbH with the information necessary for the implementation of railway legislation, as well as the railway undertakings and the railway undertakings, and the railway undertakings and railway undertakings, to provide their agents with the necessary information, on request, in order to verify compliance with the railway law obligations entrusted to it, and to grant them access to the records and books. "

113. In § 79, paragraph 4 receives the description of the classification "(5)" ; the following paragraph 4 (new) is inserted:

"(4) The Federal Minister of Transport, Innovation and Technology has to ensure that the appointment to the managing director is based on a transparent selection procedure."

114. In accordance with § 79, the following § § 79a and 79b are inserted together with the headings:

" Statement by the Managing Directors

§ 79a. (1) The Managing Directors of rails-Control GmbH

1.

always have to act independently of all the market interests in relation to the rail sector;

2.

may not be involved in any form of railway infrastructure undertakings, allocation bodies, charges levied, infrastructure capacity or service provider operators, and

3.

shall not be in any legal relationship with railway infrastructure undertakings, allocation bodies, compensation bodies, infrastructure capacity or operators of service facilities, except in the case of the conclusion of Contracts relating to the transport of their person, baggage or goods.

(2) The Managing Directors of Rail-Control GmbH have to submit their Supervisory Board annually:

1.

a declaration in which they undertake to comply with the requirements set out in paragraph 1;

2.

a declaration of their interests, in which they have to indicate any direct or indirect interests which could be considered to be detrimental to their independence and which affect the performance of their activities as managing directors could.

Prohibition

§ 79b. For a period of at least one year after the end of the business management activity, former directors of rail control GmbH may be appointed to the railway undertakings, railway infrastructure companies, allocation bodies, pay-as-you-go Bodies and operators of service facilities do not hold a professional position or carry out professional tasks. "

115. In Section 80 (1) and (2), the word shall be "Rail Infrastructure" by the word "railway infrastructure" replaced.

116. The name and the headings before § 81 are:

" 7. Part

Regulatory authority

Establishment of the Rail Control Commission "

117. § 81 Abs.2 and 3 are:

" (2) The Rail Control Commission is in the 2nd, 3., 5. up to 6b. as well as in the 9th Part of this federal law assigned jurisdiction (§ § 13 para. 4 to 6, 22b, 53c, 53f, 55, 57, 57c, 62a, 64 para. 5, 65e para. 4, 67d, 68a, 72, 73, 74, 74a, 75a para. 3, 75e, 78b, 84b, 84c, 154 and 164). In the matters of § § 77 (3) and 80 (1), it is the competent authority within the meaning of § § 5 and 68 AVG. In order to enforce the tasks assigned to it, it shall be entitled to issue orders with notice.

(3) The management of the Rail Control Commission is the responsibility of rails-Control GmbH. Within the framework of its activities for the Rail Control Commission, the staff of the Rail Control GmbH shall be subject to the instructions on the one hand of the member responsible for the chairmanship or of the substitute member who is to replace his/her position and on the other hand for individual -day-to-day operations of the member of the Rules of Procedure or of the substitute member who is to be appointed to his post. "

118. § 81paragraph 4 receives the description of the classification "(5)" ; in accordance with paragraph 3, the following paragraph 4 is inserted:

" (4) If it is in the interest of expediency, rarity, simplicity and cost savings, rail control GmbH may be authorized by the Rail Control Commission, which is in § § 13 (4), 65 (5) and (8), 65b (1), 68a, 74a (1), 84b, 84c (1) to (3) shall be carried out on their behalf. If the Rail Control GmbH is to be authorized to carry out such tasks beyond the individual case, this shall be done by regulation of the rail control commission. "

119. Section 82 (1) reads as follows:

" (1) The Rail Control Commission shall consist of three members. A substitute member shall be appointed for each member. The substitute member shall take his place in the event of a Member's prevention. A member and the substitute member appointed for that member shall be members of the judge's stand. The other members and the replacement members appointed for them shall be experts in the relevant areas of transport or other network-linked areas. The members and substitute members are to be ordered from the federal government via the proposal of the Federal Minister of Transport, Innovation and Technology. The respective orders have to be based on a transparent selection procedure. "

120. In accordance with § 82, the following § § 82a and 82b shall be inserted together with the headings:

" Declaration of Members and Replacement Members

§ 82a. (1) The members and replacement members of the Rail Control Commission

1.

always have to act independently of all the market interests in relation to the rail sector;

2.

may not be involved in any form of railway infrastructure undertakings, allocation bodies, charges levied, infrastructure capacity or service provider operators, and

3.

shall not be in any legal relationship with railway infrastructure undertakings, allocation bodies, compensation bodies, infrastructure capacity or operators of service facilities, except in the case of the conclusion of Contracts relating to the transport of their person, baggage or goods.

(2) The members and substitute members of the Rail Control Commission shall submit annually to the Federal Government:

1.

a declaration in which they undertake to comply with the requirements set out in paragraph 1;

2.

a declaration of their interests, in which they have to indicate any direct or indirect interests which could be considered to be detrimental to their independence and which are responsible for the performance of their activities in the rail control commission can be affected.

Prohibition

§ 82b. For a period of at least one year following the deletion of their membership of the Rail Control Commission, their former members and replacement members may be members of railway undertakings, railway infrastructure undertakings, Assignment offices, vacancy-raising agencies and operators of service facilities do not hold a professional position or carry out professional tasks. "

121. Section 84 (1) reads as follows:

" (1) The Rail Control Commission has the AVG in the administrative procedure, the VStG in criminal proceedings and the law on enforcement of the Administrative Enforcement Act 1991-VVG, BGBl. No 53/1991. '

122. In paragraph 84, paragraphs 2 to 6 shall be given the name " 4 to 8 " ; according to paragraph 1, the following paragraph 2 (new) and (3) (new) are inserted:

" (2) A member or a substitute member of his or her body shall be declared to be interned in an administrative procedure where it is one year with parties or parties involved in a procedure relating to the regulation of the rail transport market Prior to the initiation of the procedure, it was in a direct or indirect connection.

(3) The Rail Control GmbH has to publish decisions of the Rail Control Commission on matters relating to the regulation of the rail transport market on its website in the form of a decision. "

123. In § 84 (5) (new) and 6 (new) the word order "according to § § 72, 73, 74" through the phrase "pursuant to § § 57, 57c, 72, 73, 74" replaced.

124. Section 84 (7) (new) reads as follows:

" (7) § 34 para. 1 first sentence VwGVG is to be applied with the proviso that, in accordance with § § 57, 57c, 72, 73 and 74, as far as there is a connection with these provisions, also in accordance with § 81 (2) of the VwGVG, the rail control commission is subject to complaints against complaints against the rail control commission. have been adopted without unnecessary delay and no later than two months after their entry into force. "

125. In accordance with Section 84 (8) (new), the following paragraph 9 is added:

" (9) By way of derogation from § 1 (1) of the Administrative Enforcement Act 1991-VVG, BGBl. I n ° 53/1991, the Rail Control Commission is responsible for the enforcement of the decisions it has adopted on matters relating to the regulation of the rail market itself. '

126. In accordance with § 84 the following § § 84a to 84d together with the headings are inserted:

" Disclosure Requirements

§ 84a. (1) The allocation bodies, the issuing bodies, the operators of a service facility, the infrastructure managers, the railway infrastructure undertakings and the railway undertakings shall, at the request of the Rail Control Commission, provide the information , which shall be required for the implementation of railway legislation. In addition to those responsible for providing information, third parties affected by the regulation of the rail transport market shall provide the rail control commission with information relating to the implementation of the 6-year-old train. Part is required.

(2) In order to obtain the information requested, the Rail Control Commission shall set an appropriate, but not more than one-month period. This period shall be extended for a period of not more than two weeks upon request made in good time, if exceptional circumstances preclude the provision of information within the time limit.

(3) The allocation bodies, the issuing bodies, the operators of a service facility, infrastructure managers, railway infrastructure undertakings and railway undertakings shall have the rail control commission and the representative of the rail transport operator on request, to be granted access to the records and books if this is necessary for the implementation of railway regulations for the rail control commission.

Consultation of users

§ 84b. The Rail Control Commission has to consult representatives of users of rail freight transport and passenger transport services on a regular basis, but at least every two years, in order to know their views on the the development of the rail transport market.

Cross border cooperation

§ 84c. (1) The Rail Control Commission shall take part in the activities of the network formed by the regulatory bodies as a member of this network.

(2) The Rail Control Commission has in this network, through its activities, decision-making principles, decision-making practice, important questions in the course of administrative procedures, and problems in the interpretation of to the applicable law of the European Union.

(3) The Rail Control Commission has to cooperate with the other regulatory bodies involved in the network as members in order to coordinate decisions throughout the European Union.

(4) The Rail Control Commission shall, within the framework of the market surveillance of the European Commission and through mutual assistance in regulatory and regulatory authorities, shall have the other regulatory bodies involved in the network as members of the network, and to cooperate in cases where such procedures are subject to the allocation of cross-border train paths.

(5) Where the Rail Control Commission has to decide in a regulatory or competition regulatory procedure the subject-matter of which is the allocation of train paths in Austria, which are part of a cross-border train route, it has previously: regulatory body in the Member State of the European Union on whose territory part of the cross-border train path is situated.

(6) If the Rail Control Commission is notified by another regulatory body in a regulatory or anti-competitive procedure, the subject-matter of which shall be the allocation of cross-border train paths, which shall also apply to Austrian , it shall, at the request of that regulatory body, also provide that regulatory body with the information which it shall provide in a similar administrative procedure to be carried out by the authorities responsible for the allocation of allowances and the places to be paid by the authorities shall be eligible. The allocation bodies and the authorities responsible for the compensation shall submit to the Rail Control Commission the relevant information necessary for such an exchange of information.

Presentation of regulations of the rails-Control Commission

§ 84d. Regulations of the Rail Control Commission are to be made available by Rail Control GmbH on their website. "

127. Section 86 (2) Z 1 lit. a) and Z 2 lit. (a) the word "Rail transport services" by the word "rail transport services" replaced.

128. In § 92 (2), first sentence, the expression "Federal Minister for Economic Affairs, Youth and the Family" by the expression "Federal Minister for Science, Research and the Economy" replaced.

129. The following paragraphs 3 and 4 are added to § 102:

" (3) In the cases referred to in paragraph 1 (1), the Federal Minister for Transport, Innovation and Technology of the European Commission shall have a list of projects in an advanced stage of development within one year of the entry into force of each TSI. shall be transmitted.

(4) Projects at an advanced stage of development are those whose planning or construction has progressed to such an extent that a modification of the technical specifications underlying the project would not be acceptable. This inception may be of a legal, contractual, economic, financial, social or environmental nature; it must be advanced by the Federal Minister of Transport, Innovation and Technology upon presentation of the list of projects in advanced The development stage is sufficiently well founded. "

130. In § 103, para. 3 and 4 are given the denominations "(4)" and "(5)" ; the following paragraph 3 is inserted:

" (3) The contracting authority as referred to in paragraph 2 shall be responsible for:

1.

the preparation of the design of a new subsystem and/or the construction of a new subsystem,

2.

the renewal of a subsystem, or

3.

the conversion of a subsystem

such as, for example, a railway undertaking, a holder or a contractor responsible for carrying out such a project. "

131. § § 110 and 111 together with headings are:

" Contents of the register

§ 110. (1) In the infrastructure register, the main characteristics of the subsystem or parts thereof and their conformity with the requirements of the TSI to be applied shall be those covered by the scope of this legislative part. To represent properties. In addition, the register shall contain the information which is required to be presented in the TSIs.

(2) The infrastructure register shall be established and run by the rail infrastructure service company mbH in accordance with the requirements of the European Commission's common specification for the National Infrastructure Register; including the mandatory updates.

(3) In accordance with the requirements of this specification, the railway infrastructure service company mbH must also transmit the data required in each case from the railway undertakings. The rail infrastructure service company mbH has to ensure that the Austrian infrastructure register is connected to the single user interface of the European Railway Agency.

Publication of the register

§ 111. Rail infrastructural services company mbH has to publish the infrastructure register on its website. "

132. In Section 126 (2), the entry section reads:

" By way of derogation from paragraph 1 (2) (2), a driver may independently carry out and operate a traction vehicle for subsequent journeys on such railways which are not shown in his certificate when the railway undertaking to which he is responsible is responsible for the transport of such railway undertakings. , a member of the railway undertaking shall, in addition to him, decide to sit alongside him a train driver, in whose certificate this railway is designated and the railway infrastructure undertaking has previously been informed of such a journey: "

133. § 130 and headline reads as follows:

" Jurisdiction

§ 130. (1) A licence for the issuing of a licence, for the updating of details of a driving licence, for the renewal of a licence or for the issue of a duplicate of the driving licence and for the withdrawal of a driving licence. Driving licence and the suspension of a driving licence is the rail infrastructure service company mbH. This has to be applied in the administrative procedure of the AVG.

(2) The Federal Minister of Transport, Innovation and Technology may issue instructions to the Rail Infrastructure Service Company mbH to exercise its responsibility. In the matters referred to in paragraph 1, the Federal Minister of Transport, Innovation and Technology shall be the competent authority within the meaning of § § 5 and 68 of the AVG. "

134. § 146 together with headline reads:

" Company internal reviews

§ 146. (1) Railway undertakings shall set up a system for the monitoring of their drivers.

(2) The railway undertaking shall ensure and verify that trains used by it on railways shall be managed and operated independently only by persons who have a valid driving licence and a certificate valid for this purpose .

(3) The railway undertaking shall ensure that traction vehicles are not independently managed and operated by train drivers used by them if they are to be operated in a medicine, alcohol or addictive medicine and by means of Disease impaired condition.

(4) The railway undertaking shall periodically check whether the holder of a certificate is still aware of the necessary rail-related and railway-related expertise, as well as the necessary language skills . The frequency of such checks shall be determined in the framework of the security management system, but subject to the minimum frequency listed in Annex VII to Directive 2007 /59/EC. If the verification reveals that this expertise is still present, it shall be recorded by the railway undertaking by a note on the certificate itself and by a corresponding entry in the certification register.

(5) If the knowledge or a present medical notice of a deterioration in the state of health of a train driver, the result of the monitoring of a train driver, is the result of a review as referred to in paragraph 4 or the failure to verify, in accordance with paragraph 4, his professional qualifications, his professional competence, the existence of the conditions required for the issuing of his driving licence or the existence of the conditions required for the issue of his certificate in question, the railway undertaking shall be responsible for the production of shall take the necessary measures without delay. In addition, the railway undertaking shall verify that the conditions for issuing the certificate are still available and, where appropriate, suspend or withdraw them.

(6) If the knowledge or medical notification of a deterioration in the state of health of a train driver, as well as the result of the monitoring of a train driver, shall be subject to the presence of the necessary In the event of a driver's licence being issued, or if a driver has already been unable to work for more than three months, the railway undertaking shall immediately inform the rail infrastructure services company of the railway undertakings in question. To be aware of it. "

135. The previous text of section 147 receives the sales designation "(1)" ; the following paragraph 2 is added:

"(2) The railway undertaking shall immediately disclose the termination of its employment relationship with a train driver to the railway infrastructure service company mbH."

136. In accordance with § 147, the following § 147a with headline is inserted:

" Bureaucratic review

§ 147a. (1) The Federal Minister for Transport, Innovation and Technology shall have the power to check also in the propulsion vehicle whether the driver of the driving vehicle and the driving vehicle operator is a valid driving licence and a valid certificate with is leading.

(2) In the case of the negligent conduct of a driver at his workplace, the Federal Minister of Transport, Innovation and Technology shall have the power to verify that the driver in question is still responsible for the issue of his/her work. Certificate required for rail-related and railway-related specialist knowledge as well as the necessary language skills.

(3) A driver shall be set up to drive and operate an aircraft independently, thereby seriously endangering the safety of the operation of the railway and of the safety of the operation of rolling stock on a vehicle. By rail, the Federal Minister of Transport, Innovation and Technology shall have the necessary measures for the elimination of such risks without delay. In particular, it shall require the railway undertaking to cease immediately the operation of the driver in question, to prohibit the driving of the train driver in question, or to prohibit the use and operation of the train driver, or to: To call on railway infrastructure companies to hold a train whose propulsion vehicle is managed and operated independently by such a train driver. The Federal Minister of Transport, Innovation and Technology has the European Commission and the other authorities responsible for driving licences of the other Member States of the European Union and of the other Contracting Parties to the The Agreement on the European Economic Area should be notified of the measures available. The communication with which the necessary measures have been taken shall be repealed if the reasons for its omission are no longer available.

(4) The Federal Minister of Transport, Innovation and Technology is authorized to carry out investigations to verify that the railway undertaking is in compliance with the provisions of Sections 141 to 147.

(5) The Federal Minister for Transport, Innovation and Technology shall establish that a train driver used for the self-employed driving and operating of a train on a railway shall be responsible for issuing the certificate does not fulfil the necessary conditions, it shall contact the railway undertaking which issued the certificate and shall require either an additional inspection or the suspension of the certificate, stating the reasons. The railway undertaking shall, within four weeks, review the request and inform the Federal Minister of Transport, Innovation and Technology of its decision on the request. The Federal Minister of Transport, Innovation and Technology has the power to prohibit the driving and use of traction vehicles by the driver in question until the notice of the decision has been taken. "

137. In accordance with Section 150 (3), the following paragraph 4 is added:

" (4) Experts examiners, occupational physicians, occupational health centres, clinical psychologists or health psychologists have themselves in the individual case of the evaluation in the presence of the reasons given in § 7 Z 1 to 3 AVG, in particular in the presence of of conflicts of interest. "

138. In accordance with § 150, the following § 150a and heading is inserted:

" Review, limitation of the power of assessment, revocation of the order

§ 150a. (1) The Federal Minister of Transport, Innovation and Technology has the power to carry out investigations to verify that the relevant examiners appointed by him still fulfil the conditions for their appointment.

(2) The Federal Minister of Transport, Innovation and Technology is empowered to carry out investigations to verify whether competent examiners, occupational physicians, occupational health centres, clinical psychologists, or Health psychologists of the evaluation in the presence of the reasons cited in § 7 Z 1 to 3 AVG, in particular in the presence of conflicts of interest.

(3) If the conditions for the appointment of an expert auditor are only partially fulfilled and his/her assessment authority may be restricted, the competent examiner shall be connected with his/her appointment to the competent examiner. Opinion of the Federal Minister of Transport, Innovation and Technology, either on its own account or on its application, to restrict it accordingly.

(4) The appointment of an expert auditor shall be revoked by the Federal Minister of Transport, Innovation and Technology, if the appointed expert examiner no longer fulfils the conditions for his order. "

139. In Section 152 (1), the word shall be: "Community law" by the word "Union Legal" replaced.

140. In accordance with § 155, the following § 155a with headline is inserted:

" Review, restriction and adjustment of the training operation

§ 155a. (1) The Federal Minister of Transport, Innovation and Technology has the power to carry out investigations in order to verify that the operation of the train drivers ' training facility is carried out in accordance with the approval certificate and that the The conditions for the granting of the licence to operate the train driver-training facility are still in place.

(2) Where the conditions for the approval of the operation of a train driver-training facility to communicate the knowledge and skills necessary for obtaining a licence or for obtaining a certificate are not met more in part and can be restricted to the operation of the train driver-training facility, the operation of the train driver-training facility from the Federal Minister of Transport, Innovation and Technology is either on its own due to its own or at the request of the operator of the Driving vehicle driver-training equipment.

(3) The Federal Minister for Transport, Innovation and Technology shall have the operation of a train driver-training facility to communicate the knowledge necessary for obtaining a licence or for obtaining a certificate; and If the conditions for the approval of the operation of the train driver-training facility are no longer available, the conditions for the granted approval of the operation shall be no longer fulfilled. "

§ 141. The 9. Part will be the following 8. and 9. Main piece added:

" 8. Main item

Driving vehicle driver matters with a foreign reference

Foreign driving licence

§ 161a. (1) The Federal Minister for Transport, Innovation and Technology shall establish that a driver engaged in the driving and operating of a train on an Austrian railway shall be the holder of a valid driving licence for a train. A driving licence issued by a competent authority in another Member State of the European Union or in another Contracting Party to the Agreement on the European Economic Area, not the one for an exhibition of a driving licence, it shall have that authority contact and request either additional control or suspension of driving licences, including the European Commission and any other authorities responsible for issuing driving licences in the in other Member States of the European Union or in other Contracting Parties to the Agreement on the European Economic Area.

(2) The Federal Minister for Transport, Innovation and Technology has the power to inform the driver concerned of the self-employed driving and operation of motor vehicles on Austrian railways. After the notification of the contacted authority has been received, as has been decided upon its request, it shall repeal the decision.

(3) If the Federal Minister for Transport, Innovation and Technology is of the legal opinion that the decision of the authority which he has contacted for the issue of driving licences shall be that of another Member State of the European Union, or another party to the Agreement on the European Economic Area is inaccurate, it has the responsibility of the European Commission to deal with the matter. In this case, it shall be empowered to prohibit the driver in question from driving and using traction vehicles on Austrian Railways. After the European Commission has completed the matter, it has to lift the decision.

Domestic driving licence

§ 161b. If the rail infrastructure services company mbH is a member of another Member State of the European Union or of another Contracting Party to the Agreement relating to the issue of driving licences, the The European Economic Area, stating the reasons, makes contact with the request, a valid driver's licence issued by it, for a driver who carries out railway vehicles on railway trains in the State of the contacting authority and to carry out, suspend or carry out checks on the grounds that the If the driver no longer fulfils the conditions required for the issuing of a driving licence, the rail infrastructure service company mbH has to check the request within four weeks and the contact-making person (a) to notify its decision of the request; of this decision, the European Commission and the other authorities of the other Member States of the European Union or of the other Member States responsible for issuing a licence shall be notified to the Authority; Other Contracting Parties to the Agreement on the European Economic area.

Foreign certificate

§ 161c. (1) The Federal Minister for Transport, Innovation and Technology shall establish that a driver engaged in the self-employed driving and operating of a train on an Austrian railway shall be subject to a valid certificate. , which has been issued by a railway undertaking established in another Member State of the European Union or in another Contracting Party to the Agreement on the European Economic Area, and not the one for an exhibition of a certificate required by the certificate, it has To contact railway undertakings and to request either additional control or suspension of the certificate, stating the reasons.

(2) The Federal Minister for Transport, Innovation and Technology shall have the power to prohibit the driving vehicle operator concerned from driving and using trains on Austrian railways with a view to their self-employed driving and using them; , the European Commission and the other authorities of the other Member States of the European Union or of the other Contracting Parties to the Agreement on the European Economic Area which are responsible for issuing licences shall be . After the receipt of the notification of the railway undertaking contacted, as has been decided upon its request, it shall repeal the decision.

National certificate

§ 161d. A railway undertaking shall be informed by a competent authority of another Member State of the European Union or of another Contracting Party to the Agreement on the European Economic Area, by means of a competent authority for issuing licences , with the request, make contact with a certificate issued by him for a train driver who, on the railways in the State of the contacting authority, independently carries out and serves, suspend or carry out checks on the train , because the driver no longer is responsible for the The railway undertaking shall, within four weeks, verify the request and inform the contacting authority of its decision on the request to issue a certificate.

9. Main piece

Other business

Independent assessment

§ 161e. (1) The Federal Minister for Transport, Innovation and Technology has to obtain expert opinions from its own motion at intervals of no more than five years, providing an independent assessment of the procedures for the acquisition and assessment of the activities of the Federal Republic of Germany. of a driver ' s professional knowledge and skills, as well as of the system for issuing the driving licence and issuing certificates. Excluded from the independent assessment are activities covered by security management systems.

(2) The experts appointed to draw up the opinions shall be particularly qualified to do so, and shall not itself be active in the areas covered by the independent assessment. The Federal Minister of Transport, Innovation and Technology has to submit a copy of the expert opinions issued by the railway infrastructure services company. In its area of responsibility, the Commission shall ensure that the opinions documented in the opinions are rectified.

Monitoring as part of a system of quality standards

§ 161f. All activities relating to the training of train drivers, the assessment of their skills and the updating of driving licences and certificates shall be carried out by the provider of the activity in the framework of a system of quality standards, unless these activities are already covered by the safety management systems of the railway infrastructure undertakings and the railway undertakings. The Federal Minister of Transport, Innovation and Technology has to monitor compliance with this provision. "

142. In § 163 Z 2, the word "Rail transport services" by the word "rail transport services" replaced.

143. Section 164 reads as follows:

" § 164. (1) An administrative surrender shall be carried out and shall be punished by the Rail Control Commission with a fine of up to EUR 7 000.

1.

does not comply with the obligation to make a prior obligation pursuant to section 53c (2);

2.

does not comply with the obligation to make a reference pursuant to Section 53d,

3.

does not comply with the provisions relating to accounting in section 55 (2) and (3);

4.

Contrary to Article 55 (5) of the Rail Control Commission, not all relevant information can be provided,

5.

the obligation to provide information in accordance with section 57c (5) does not comply;

6.

Contrary to Article 59 (1) of the Treaty, the obligation to draw up and publish a network statement in German and in another official language of the European Union does not comply with the obligation to establish and publish the conditions of the network

7.

Contrary to Article 59 (2), the rail network conditions of use are not up-to-date,

8.

Contrary to Article 59 (3), the acquisition of the rail network conditions of use is not permitted,

9.

, contrary to Article 59 (6), no information on charges and modalities is communicated or a website on which such information is published, free of charge and in electronic form, in a manner accessible to everyone,

10.

does not comply with the obligation to make a prior obligation pursuant to section 59 (7);

11.

, contrary to Section 59 (8), the network statement of use or any changes to it shall not be provided free of charge in electronic form on the Internet in a manner accessible to everyone, or shall not be subject to the network statement of use or any changes to within one month of the creation or modification of the same rail control commission,

12.

, contrary to Article 62 (3), the function of an assignment body is to be exercised or transferred

13.

, contrary to Section 62b (3), the function of a compensation body shall be exercised or transferred,

14.

transfer capacity allocated or allocated to a railway service other than those for which it has been allocated infrastructure capacity, contrary to Article 63 (2),

15.

does not comply with the obligation to make a prior obligation pursuant to section 64 (5);

16.

contrary to Section 65c (2), does not carry out capacity analysis,

17.

Contrary to Section 65e (1), no plan to increase infrastructure capacity shall be drawn up,

18.

Contrary to Article 68a, negotiations on the level of the infrastructure charge to be paid do not result under the supervision of the Commission's Rail Control Commission,

19.

does not comply with the obligation to make a prior obligation pursuant to Section 73a (1) and (2);

20.

in accordance with Article 74 (1) (1), (2), (2), (3) or (4),

21.

is not acting in accordance with the behaviour imposed pursuant to section 74 (1) (1), (2), (3) or (4),

22.

a decision by the Rail Control Commission pursuant to section 74 (1) Z 6, 7 or 11 does not result;

23.

a decision of the rails-control GmbH pursuant to section 77 (3) does not result,

24.

is in breach of the obligation to provide information or information in accordance with Section 78d,

25.

Contrary to § 79b, in the case of railway infrastructure undertakings, allocation bodies, vacancies and operators of service facilities, occupy a professional position or carry out professional tasks,

26.

a decision by the Rail Control Commission pursuant to section 81 (2) does not comply or

27.

Contrary to § § 82b, in the case of railway infrastructure companies, allocation bodies, compensation agencies and operators of service facilities, occupy a professional position or carry out professional tasks, or

28.

is in breach of the obligation to provide information or information in accordance with section 84a;

29.

Article 84c (6) does not provide information or does not provide any necessary information.

(2) An administrative surrender shall be carried out and shall be punished by the Rail Control Commission with a fine of up to EUR 36 000, who shall:

1.

In spite of the provision of a valid contract or a final decision pursuant to section 72 (5) and (6), the access to the railway infrastructure or the granting of the minimum access package is effectively prevented,

2.

In spite of the fact that a valid contract or a legally enforceable part of the contract is valid in accordance with § 73 (5) and (6), access to service facilities, including rail access, or the granting of services is prevented, or

3.

In spite of the fact that a valid contract or a final seizure pursuant to section 53c (5) is in fact prevented, the connection or the use of the joint is effectively prevented. "

144. Section 165 Z 7 reads as follows:

" 7.

the data required in accordance with Section 110 (3) are not transmitted; "

145. In Section 167 (1) (4), the sentence shall be replaced by the word order " , or " replaced.

146. § 170 and headline reads as follows:

" Reference to acts of the European Union

§ 170. The following acts of the European Union are implemented by this federal law:

1.

Directive 2012/34/EU on the creation of a single European railway area, OJ L 327, 28.12.2010 No. 32), as amended by the corrigendum OJ L 343, 28.12.2012, p. No. OJ L 67, 12.03.2015 p. 32;

2.

Directive 2008 /57/EC on the interoperability of the rail system in the Community (recast), OJ L 136, 30.4.2008, p. No. 1, as amended by the corrigendum OJ L 191, 22.7.2008, p. No. OJ L 103 of 22.04.2015 p. 11;

3.

Directive 2004 /49/EC on safety on the Community's railways and amending Council Directive 95 /18/EC on the licensing of railway undertakings and Directive 2001 /14/EC on the allocation of infrastructure capacity of railway undertakings Rail, the levying of charges for the use of railway infrastructure and the safety certificate, OJ L 327, 28.4.2002, p. No. OJ L 164 of 30.04.2004 p. 44, as amended by the corrigendum OJ L 164, 30.4.2004, No. OJ L 103 of 22.04.2015 p. 11;

4.

Directive 2007 /59/EC on the certification of train drivers operating trains and locomotives in the rail system in the Community, OJ L 327, 28.2.2007, p. No. OJ L 315, 3.12.2007 p. 51, as last amended by Directive 2014 /82/EU, OJ L 327, 30.12.2014, p. No. L 184, 25.06.2014 p. 11;

5.

Directive 2012/18/EU on the control of hazards involving dangerous substances, amending and subsequently repealing Directive 96 /82/EC, OJ L 327, 28.12.1996, p. No. OJ L 197 of 24.07.2012 p. 1.

147. In § 174 the word "Rail transport services" by the word "Rail services" replaced.

148. In Section 175 (1) and (2) (2) (1), the word "Rail transport services" by the word "Rail services" and in paragraph 2 (2), the word "Rail transport services" by the word "rail transport services" replaced.

149. In § 175 (17) second and third sentence, the word shall be "Community law" by the word "Union Legal" replaced.

150. Section 175, Section 175, is no longer required to apply the provisions of paragraph 11,

151. In accordance with Article 176 (1), the following paragraph 1a is inserted:

" (1a) For the staff of a railway undertaking established in Austria which is responsible for the autonomous management and operation of motor vehicles on railways in another Member State of the European Union or in another Contracting Party to the -the Agreement on the European Economic Area in international transport, cabotage or freight transport, and which, under the transitional arrangements provided for in paragraph 1, do not have to have a driving licence and no certificate, § § 139 and 146 (4) shall apply. "

152. In accordance with Article 176 (2), the following paragraphs 2a and 2b are inserted:

" (2a) The rail infrastructure service company mbH has a staff of a railway undertaking which independently manage and operate the trains on the railways referred to in § 125, and which, on the basis of the transitional arrangement referred to in paragraph 2 above, is responsible for: do not have to have a driving licence and no certificate, to undergo gradual checks comparable to those provided for in § 139. Such staff members shall be notified within a reasonable period of time by the railway undertakings to which they belong to the rail infrastructure service company.

(2b) For staff of a railway undertaking which carry out and operate trains on the railways referred to in § 125, and which must have no driving licence or certificate due to the transitional arrangements in paragraph 2 above, , the railway undertaking shall progressively introduce the carrying out of verifications comparable to those provided for in Article 146 (4). "

153. In accordance with § 176a the following § 176b and title is inserted:

" Transitional provisions on Novelle BGBl. I No 137/2015

§ 176b. (1) The first guiding strategy in accordance with § 55a is the strategy published on the website of the Federal Minister for Transport, Innovation and Technology on the development plan for the Federal Transport Infrastructure for the rail network.

(2) Existing financing contracts for the railway infrastructure of the main and networked secondary railways, the duration of which shall be at least until 16 June 2015, shall, insofar as they do not meet the criteria in accordance with § 55b, be subject to the criteria according to § 55b .

(3) The Federal Minister for Transport, Innovation and Technology shall ensure that expert reports pursuant to § 161e are drawn up at the latest, but no later than 30 June 2016. "

154. Section 177, together with the heading:

" Enforcement

Section 177. With the enforcement of this federal law is

1.

with regard to section 70a (6) of the Federal Minister of Finance,

2.

with regard to § 82 (1), fourth sentence, the Federal Government,

3.

as regards Section 92 of the Federal Minister for Science, Research and the Economy,

4.

as regards § § 13 (7), 40b, 48 (4), 76 (3), 80 (2) and 85 of the Federal Minister of Transport, Innovation and Technology in agreement with the Federal Minister of Finance, and

5.

in respect of the other provisions of the Federal Ministers for Transport, Innovation and Technology

"

155. The table of contents is:

" TOC

Part 1: Definitions

§ 1. Railways

§ 1a. Railway infrastructure companies

§ 1b. Railway undertakings

§ 1c. Integrated railway undertakings

§ 1d. International grouping

§ 1e. Urban and suburban transport

§ 1f. Regional transport

§ 1g. International freight transport

§ 1h. International passenger transport service

§ 2. Public Railways

§ 3. Non-public railways

§ 4. Main railways, runways

§ 5. Trams

§ 7. Connecting paths

§ 8. Material webs

§ 9. Common security methods

§ 9a. Common security objectives

§ 9b. State of the art

§ 10. Railway installations

§ 10a. Railway infrastructure

Part 2: responsibilities and tasks of the railway authorities

§ 11. Decision on preliminary questions

§ 12. Public authority

§ 13. Agency Tasks

§ 13a. Annual report

§ 13b. Security recommendations

3. Part: Construction and operation of railways, construction and operation of rail vehicles on railways and traffic on railways

1. Main piece: concession

§ 14. Requirement of concession

§ 14a. Concession proceedings

§ 14b. Time limit for operation, duration of concession

§ 14c. Acquisition of a railway

§ 14d. Extension of the concession period

§ 14e. Concession Withdrawal

§ 14f. Quenchment of the concession

2. Main item: Transport permit

§ 15. Requirement of transport authorisation

§ 15a. Documents relating to the application

§ 15b. Requirements

§ 15c. Reliability

§ 15d. Financial performance

§ 15e. Professional competence

§ 15f. Decision making

§ 15g. Traffic opening

§ 15h. Reviews

§ 15i. Deprivation, restriction

§ 15j. Participation obligations

§ 15k. Deletion of traffic permit

3. Main piece: Transport concession

§ 16. Transport concession requirement

§ 16a. Documents relating to the application

§ 16b. Requirements

§ 16c. Time limit for transport

§ 16d. Reviews

§ 16e. Deprivation, restriction

§ 16f. Extinguisher of the traffic concession

4. Main item: Approval for non-public railways

§ 17. Approval requirement

§ 17a. Approval procedure

§ 17b. Works transport, restricted-public transport

5. Main piece: Rights of the railway undertaking

§ 18. Construction and operating rights

§ 18a. Protection against unreasonable competition

§ 18b. Right of expropriation

§ 18c. Patient rights

§ 18d. Rail replacement traffic

6. Main piece: obligations of the railway undertaking

§ 19. Arrangements

§ 19a. Periodic reviews

§ 19b. Setting for security reasons

§ 19c. Reporting obligation in case of accidents and incidents

§ 20. Transport facilities, watercourses

§ 20a. Cemeteries, protective buildings

§ 21. Operational Manager

§ 21a. General arrangements for railway staff

§ 21b. Independent driving and operating of a motor vehicle

§ 21c. Qualified activities

§ 22a. Tariffs and conditions

§ 22a. Conditions of compensation

§ 22b. Announcement of the transport conditions to the rails-Control GmbH

§ 23. Direct handling, continuous tariff

§ 24. Public service obligations

§ 25. Legal acts subject to authorisation

§ 26. Obligation to provide information for the railway undertaking

§ 27. Facilitation

§ 28. Cessation of economic unacceptability

§ 29. Dismissal of a railway

§ 30. Railway supervisory bodies

§ 30a. Presence of dangerous substances

7. Main piece: Construction, modification and commissioning of railway systems, non-stationary railway safety installations and commissioning of rail vehicles

1. Section: Railway Legal Construction Approval

§ 31. Requirement of a railway construction permit

§ 31a. Application

§ 31b. Design

§ 31c. Oral proceedings

§ 31d. Touched interests

§ 31e. Parties

§ 31f. Approval requirements

§ 31g. Construction deadline

§ 31h. Maximum court waiver of a building permit modest

2. Section: component type-approval

1. Subsection: Rail vehicles

§ 32. Requirement of component type-approval

§ 32a. Application

§ 32b. Approval requirements

§ 32c. Permissions

§ 32d. Fixed-term contracts in component type-approval

§ 32e. Fixed-term testing of rail vehicles

2. Subsection: Railway safety equipment

§ 33. Admissibility of component type-approval

§ 33a. Application

§ 33b. Approval requirements

§ 33c. Fixed-term contracts in component type-approval

Section 3: Operating permit

§ 34. Requirement of operating licence

§ 34a. Connection with other approvals

§ 34b. Application

§ 35. Granting of operating licence

Section 4: Approval-free projects

§ 36.

8. Main item: Safety certificate

§ 37. Requirement of a safety certificate

§ 37a. Provisions of the railway undertaking

§ 37b. Exhibition of safety certificates

§ 37c. Withdrawal of safety certificates

§ 37d. Participation obligations

9. Main item: Security Approval

§ 38. Requirement of a security permit

§ 38a. Evidence of measures taken by the railway infrastructure company

§ 38b. Exhibition of Security Approval

§ 38c. Withdrawal of the security permit

§ 38d. Participation obligations

10. Main piece: Safety management system, safety report

§ 39. Introduction of a security management system

§ 39a. Purpose of the security management system

§ 39b. Essential elements of the safety management system

§ 39c. Certification of the security management system

§ 39d. Security Report

11. Main piece: Other

§ 40. List of technical fields of railway engineering

§ 40a. Pre-Work

§ 40b. Federal Law of the Federal Republic of Germany

§ 41. Foreign acts

§ 41a. Decision making

§ 41b. Evaluation Unit

3a. Part: Regulations, behaviour within railway systems

1. Main piece: Anrainerclauses

§ 42. Construction prohibited area

§ 43. Hazardous area

§ 43a. Fire area

§ 44. Elimination of an illegal state

§ 45. Elimination of risk-bearing hazards

2. Main piece: behaviour within railway systems and in rail vehicles

§ 46. Behaviour within the railway systems

§ 47. Entry for non-specific points of railway installations

§ 47a. Use of non-public railway crossings

§ 47b. Rail users

3. Main item: Other

§ 47c. Protection rules

4. Part: intersections with traffic routes, railway crossings

1. Main piece: construction redesign of traffic routes, dismissal of railway crossings

§ 48. Arrangement of the constructional transformation and the dismissal

2. Main piece: rail-rich rail crossings

§ 49. Securing and behavior when approaching and translating

§ 50. Image processing technical equipment

Part 5: Link of railway tracks

§ 53a. Connection and co-use

§ 53b. Treatment of connection and co-use requests

§ 53c. Complaint to the Rail Control Commission

§ 53d. Presentation of contracts

§ 53f. Competition supervision

6. Part: Regulation of the rail transport market

1. Main piece: General

§ 54. Purpose

§ 54a. Exceptions to the scope of the 6. Part

§ 55. Separation measures

§ 55a. Strategy for the development of railway infrastructure

§ 55b. Financing contracts for railway infrastructure

2. Main item: Access to railway infrastructure, service facilities and services

1. Section: General

§ 56. Access to railway infrastructure

§ 57. Beneficiaries

§ 57a. Lane Capacity Authorized

§ 57b.Requirements for lane capacity authorized

§ 57c.Operating ban on international passenger transport services

§ 58. Minimum Access Package

§ 58a. Service Facilities

§ 58b. Access to service facilities, service provision

§ 59. Rail Network Terms and Conditions

§ 60. Withdrawal of train paths

§ 62. Allocation Body

§ 62a. Operator of a service facility

§ 62b. Degelternal Body

2. Section: Allocation of infrastructure capacity

§ 63. Allocation principles

§ 64. Framework

§ 64a. Cooperation of allocation bodies

§ 65. Network plan creation

§ 65a. Infrastructure capacity for regular maintenance work

§ 65b. Coordination procedure

§ 65c. Superlasted railway infrastructure

§ 65d. Capacity Analysis

§ 65e. Plan to increase infrastructure capacity

§ 65f. Demand for the task of train paths

§ 66. Special measures for disturbances

Section 3: Infrastructure charges and service charges

1. Subsection: Rates of pay for the infrastructure charge

§ 67. Cost of train operation

§ 67a. Charge components for capacity bottlenecks

§ 67b. Environmental impact of the train operation

§ 67c. Establishment of the infrastructure charge

2. Subsection: exception to the charging principles for the infrastructure charge

§ 67d. Full cost recovery of infrastructure charges

§ 67e. Higher track access charges for certain railway infrastructures

§ 67f. Infrastructure charging rules for certain railway corridors

§ 67g. Comparability of infrastructure charges

3. Subsection: Other

§ 67h. Performance-dependent commuting components

§ 67i. Charge for unused infrastructure capacity

§ 68. Determination of infrastructure charges

§ 68a. Negotiations on the level of the infrastructure charge

§ 69. Charging of infrastructure charges

§ 69a. Commuting discounts

Section 69b.Service charges

§ 69c. Information and follow-up duties

§ 70. Cooperation on cross-rail infrastructure charging schemes

4. Section: Treatment of desire, complaint

§ 70a. Legal Form

§ 71. Handling of route capacity allocation and the granting of the minimum access package

§ 71a. Treatment of desire for access to service facilities and the provision of services

§ 72. Complaint against the allocation body

§ 73. Complaint against an operator of service facility

§ 73a. Submission of contracts and documents

Section 5: Competition monitoring, market monitoring

§ 74. Supervision of competition

§ 74a. Market observation

6a. Part: Access to other railways

Section 75a. Access rights on other railways

§ 75b. Voluntarily granted access

6b. Part: Training facilities

§ 75c. Access to training facilities

§ 75d. Audit, certificates

§ 75e. Complaint to the Rail Control Commission

6c. Part: rails-Control GmbH

§ 76. Foundation of the rails-Control GmbH

§ 77. Tasks of the rails-Control GmbH

§ 78. Procedural rule

§ 78a. Out-of-court dispute resolution with customers

§ 78b. Declaration of impotence by the Rail Control Commission

§ 78c. Activity Report

§ 78d. Disclosure requirements

§ 79. Supervision

§ 79a. Statement by the Managing Directors

§ 79b. Prohibition

§ 80. Expense of the rails-Control GmbH

Part 7: Regulatory Authority

§ 81. Installation of the rails-Control Commission

§ 82. Composition of the rails-Control Commission

§ 82a. Declaration of Members and substitute members

§ 82b. Prohibition

§ 83. Resolution and Rules of Procedure

§ 84. Procedural rule

§ 84a. Disclosure requirements

§ 84b. Consultation of users

§ 84c. Cross border cooperation

§ 84d. Presentation of regulations of the rails-Control Commission

§ 85. Costs and compensation of Members

8. Part: Interoperability

1. Main item: Scope

§ 86.

2. Main piece: Interoperability of the railway system

1. Section: General

§ 87. Purpose

§ 88. Interoperability

§ 89. Technical specifications for interoperability (TSI)

§ 90. Conversion

§ 91. Renewal

§ 92. Notified bodies

§ 93. Basic requirements

§ 94. Provision of data

2. Section: Interoperability components

§ 95. Definition

§ 96. Marketing

§ 97. Assessment of conformity or suitability for use

§ 98. EC declaration

§ 99. Incorrect EC declaration

Section 3: Subsystems

§ 100. Definition

§ 101. Compliance with the essential requirements

§ 102. Non-applicability of the TSI

§ 103. EC declaration of verification

§ 104. EC verification

§ 105. Special provision for the granting of operating licences

Section 4: Rail vehicles

§ 106. Special provision for the component type-approval procedure

§ 107. Information to the European Railway Agency

§ 108. European vehicle number

§ 109. Entry in the recruitment register

3. Main item: Infrastructure register

§ 110. Contents of the register

§ 111. Publication of the register

4. Main item: Settings register

§ 112. Establishment, management and updating

§ 113. Contents

§ 114. Entry procedure

§ 115. Information on data and information

5. Main piece: maintenance of rail vehicles

§ 116. Holder

§ 117. Maintenance Office

§ 118. Responsibility for a maintenance post

§ 119. Task of a maintenance post

§ 120. Establishment of a maintenance system

§ 121. Certification of the maintenance system

§ 122. Special provisions for railway and rail infrastructure companies

Part 9: train drivers

1. Main piece: General

§ 124. Train drivers

Section 125 Scope

Section 126 Requirement for driving a train

§ 127. Foreign driving licences

2. Main item: Driving permit

§ 128. Driving licences

§ 129. Requirements

§ 130. Responsibility

Section 131. Application documents for the issuing of a driving licence

§ 132. Physical suitability

§ 133. Worksychological suitability

§ 134. General expertise

§ 135. Exhibition, content and characteristics of the driving licence

§ 136. Renewal of driving licences

§ 137. Issue of a duplicate of the driving licence

§ 138. Update of driving licence

§ 139. Reviews

§ 140. Withdrawal and suspension of driving licences

3. Main piece: certificate

§ 141. Identification of railcars and railways

Section 142. Conditions for issuing a certificate

§ 143. Exhibition, contents and characteristics of the certificate

§ 144. Procedure

§ 145. Knowledge of the subject, language skills

§ 146. Corporate reviews

§ 147. Termination of employment

§ 147a. Regulatory Review

4. Main item: Expert

§ 148. Appointment of expert auditors

Section 149. List of expert auditors

§ 150. Expert opinion

§ 150a. Review, restriction of the assessment authority, revocation of the order

5. Main piece: Training

§ 151. Training Method

§ 152. Train driver-training facility

§ 153. Access to the train driver-training facility

§ 154. Complaint to the Rail Control Commission

§ 155. Replacement of training costs

§ 155a. Review, limitation and setting of the training operation

6. Main item: Driving permit-register

§ 156. Erection and guidance

§ 157. Contents

§ 158. Information on data and information

7. Main item: certifying register

§ 159. Erection and guidance

§ 160. Contents

Section 161. Information on data and information

8. Main piece: train drivers with a foreign reference

§ 161a. Foreign driving licence

§ 161b. Domestic driving licence

§ 161c. Foreign certificate

§ 161d. National certificate

9. Main piece: Other

§ 161e. Independent assessment

§ 161f. Monitoring as part of a system of quality standards

Part 10: Final provisions

1. Main piece: Penalties, Custodian Order

§ 162.

§ 163.

§ 164.

§ 165.

§ 166.

§ 167.

§ 168.

2. Main item: relationship with other legislation, references

§ 169. Relationship with other legislation

§ 170. References to acts of the European Union

§ 171. References

§ 172. Personal names

3. Main item: Transitional provisions, enforcement, entry into force, external force

§ 173. Transitional provisions concerning the Federal Law BGBl. No 60/1957

§ 174. Transitional provisions on the amendment of the BGBl amendment. I No 38/2004

§ 175. Transitional provisions on the amendment of the BGBl amendment. No 125/2006

§ 176. Transitional provisions on the amendment of the BGBl amendment. I No 25/2010

§ 176a. Transitional provisions on the amendment of the BGBl amendment. I No 96/2013

§ 176b. Transitional provisions on the amendment of the BGBl amendment. I No 137/2015

Section 177. Enforcement

§ 178. Entry into force, external force "

Fischer

Faymann