442. Regulation of the Federal Minister of Transport, Innovation and Technology on the cost contributions to the rails-Control GmbH (SchiCGmbH-Cost contributions regulation)

On the basis of § § 74a and 80 of the Railways Act 1957, BGBl. N ° 60, as last amended by the Federal Law BGBl. I n ° 106/2004, shall be assigned in agreement with the Federal Minister for Finance:

Contribution to the payment of costs

§ 1. (1) Rail-Control GmbH has the right to finance the personnel and material costs necessary for the performance of the tasks assigned to it by the Railway Act 1957, the railway undertakings, the access to the provisions of § 56 Railway Act 1957 of the railway infrastructure-hereinafter referred to as the entitled "Access-entitled"-shall be required to prescribe a pro rata per calendar year of proportional cost contributions and to withdraw them, taking into account the advance payments made.

(2) The personnel and material expenses within the meaning of paragraph 1 also include those arising from the business management activities of the Rail Control GmbH for the Rail Control Commission pursuant to Section 81 (3) of the Railway Act 1957.

Amount and calculation of cost contributions

§ 2. (1) The sum of the cost contributions shall be subject to the actual financing costs incurred in the respective calendar year for the performance of the tasks referred to in § 1 and a total of 5 % the sum of the charges for use in Austria for this calendar year for access to the rail infrastructure of the main and secondary railways, which are linked to other main or secondary railways, in Austria.

(2) The respective share of the total amount of the cost contributions shall be measured according to the ratio of the use charges to be paid by the persons entitled to access for a calendar year to the total of the total of the persons entitled to access for the same Calendar year to be paid use charges.

Obligations of railway infrastructure undertakings and persons entitled to access

§ 3. By 30 April of the calendar year following the preceding calendar year, railway infrastructure undertakings shall provide information on the calendar year following the calendar year of the rail-control GmbH from the individual rights of access for the previous calendar year. in order to grant access to records and books for the purpose of determining appropriate evidence (e.g. incoming or outgoing invoices, cash levies, bank records, or booking instructions).

(2) Up to this date, access authorized by Rail-Control GmbH shall also provide information on the charges to be paid by them for the previous calendar year to railway infrastructure companies, and for the purpose of determining the use of such charges. To grant entry to records and books of appropriate evidence (e.g. incoming or outgoing invoices, cash leases, bank records or booking instructions).

(3) If the evidence required for the calculation of the respective cost contribution can be determined only in accordance with paragraph 1, the calculation of the cost contributions shall be carried out on the basis of these determined evidence.

Pre-payment pre-payment

§ 4. (1) Rail Control GmbH may prescribe quarterly advance payments for one calendar year to those entitled to access, which have a contract or a certificate on the allocation of train paths (Section 70a Railway Act 1957), with the following: The total amount of the advance payments required for the access rights is limited by the amount of financing estimated for this calendar year in the financial plan of the Rail Control GmbH.

(2) The pre-payment of the advance payments shall be proportional to the ratio of the rates of use to be paid in each calendar year for access to the railway infrastructure, in proportion to the ratio of the rates of use to be paid in each calendar year to the total amount of the advance payment. the charges for access to the rail infrastructure as a whole in this calendar year should be made.

(3) The rail-control GmbH shall be notified in writing, by 31 December of each year at the latest, of the amount of advance payment for the following calendar year in which it is expected to pay the fee for the access to the Rail infrastructure will have to be paid. Up to this point, railway infrastructure companies of rail-control GmbH shall also be informed in writing of the access rights with which a contract for the allocation of train paths is to be signed up to the start of the current network timetable period. , or for which persons entitled to access a document on the allocation of train paths has been drawn up.

Annual final settlement

§ 5. Until 31 August of the following year, the Rail Control GmbH shall, on the basis of the annual financial statements prepared for the past calendar year, have paid the cost contributions of the costs contributors calculated in accordance with § 2 to the costs of the contributions paid by them. To compare prepayments and to pay any credit to the cost contributor, or to make a demand. In agreement with the cost contributor, credit can also be credited for the contribution of the costs in the immediately following calendar year.

Transitional provision

§ 6. By way of derogation from § 1, for the period of 1. From 2004 to 31 May 2004 those railway undertakings which, during this period, have exercised access to the railway infrastructure of secondary railways which are not linked to other main or secondary railways, shall also be subject to a cost-contributing effect.

In-Kraft-Kick-off, Except-Force-stepping

§ 7. This Regulation shall enter into force 1. Jänner 2005 in force. With the entry into force of this regulation, the SchiCGmbH Costing Ordinance, BGBl, is entering into force. II No 365/2000, except for force.

Gorbach