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Amendment To The Railway Act Of 1957

Original Language Title: Änderung des Eisenbahngesetzes 1957

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38. Federal Law, which amended the Railway Act 1957

The National Council has decided:

The Railways Act 1957, BGBl. N ° 60, as last amended by the Federal Law BGBl. I n ° 103/2003, shall be amended as follows:

1. The title before § 1 is new:

" 1. Part

Definitions

Railways "

2. § 1a together with the title is:

" Railway infrastructure companies

§ 1a. A railway infrastructure undertaking shall be a railway undertaking which shall be responsible for the construction and operation of main and secondary railways, with the exception of secondary railways which are not connected to other main or secondary railways, and which shall have the right to operate is. The main and secondary paths are networked if, beyond the merely local linkage, a transition from driving resources without lane change and without technical aids (for example, roller schemes) can take place. Main and secondary railways are also considered to be networked if they are linked across borders with similar other rail tracks in neighbouring countries.

3. According to § 1a, the following § § 1b, 1c, 1d, 1e, 1f and 1g shall be inserted together with the headings:

" Railway Undertaking

§ 1b. A railway undertaking shall be a railway undertaking which shall provide rail transport services on the railway infrastructure of railway infrastructure undertakings and shall ensure traction, including those which only cover the rail infrastructure of railway infrastructure undertakings. In the case of a transport licence, a traffic concession or a permit or authorization which is equivalent to a traffic permit in accordance with section 14 (6), it has been granted a transport licence or a licence.

Integrated railway undertakings

§ 1c. Integrated railway undertakings are railway undertakings, which are both railway infrastructure undertakings and railway undertakings. In the case of such a railway undertaking, the provisions of this Federal Act shall apply:

1.

for railway infrastructure undertakings, rights and obligations relating to the operation of the railway undertaking as a railway infrastructure undertaking and the

2.

for railway undertakings, rights and obligations relating to the operation of the railway undertaking as a railway undertaking.

International grouping

§ 1d. An international grouping is the link between at least two railway undertakings whose activities are not restricted to urban, suburban or regional transport and whose registered office is situated in different States for the purpose of: the provision of cross-border rail transport services between those States. These States may be Member States of the European Union, Parties to the Agreement on the European Economic Area, or the Swiss Confederation.

Urban and suburban transport

§ 1e. Urban and suburban transport services are those railway services that cover the traffic requirements of a city area or a conurbations area as well as the traffic requirements between a city area or conurbations area and the surrounding area.

Regional transport

§ 1f. Regional transport is the rail transport services which cover the transport needs of a region.

International freight transport

§ 1g. International carriage of goods is the rail transport services where the train is at least one frontier of a Member State of the European Union, a contracting party to the Agreement on the European Economic Area or the Swiss Confederacy crosses; the train can be extended and/or divided, and the different train sections may have different departure and destination locations, provided that all wagons cross at least one border. "

4. § 2 together with the title is:

" Public Railways

§ 2. Public railways shall be those intended for the purpose of general passenger, luggage or freight transport and on which the obligation to provide rail transport services in accordance with the provisions of the legislation in force and the conditions of carriage (public transport). "

5. § 3 receives the section "Non-public railways".

6. § 4 receives the section entitled "Hauptbahnen, tributbahnen".

7. § 5 receives the section "Tramways".

8. § 7 receives the section "Connecting Railways".

9. § 8 receives the section title "Material Railways"; the previous provision of § 8 is given the classification designation "(1)"; the previous provision of § 9 is added to § 8 as paragraph 2; the outline designation "§ 9." No.

10. § 10 receives the section "Eisenbahnanlagen" (Railway Systems).

11. § 10a is given the section "Rail Infrastructure".

12. The title before § 11 is new:

" 2. Part

Responsibilities and tasks of the railway authorities

Decision on preliminary questions "

13. In Section 12 (2), the previous provision of Z 4 receives the classification designation " 3 . "

14. § 12 (3) Z 3 reads:

" 3.

the authorisations pursuant to section 21 (1) and (3) as well as for the affairs of railway undertakings regulated in § § 13 (2), (19) (1) and (3), (2), (2), (2), (2), (2) and (6), (27), (28) and (

15. In § 12 (3), the Z 4 and 5 are deleted.

16. In § 12 sec. 4 Z 3 the Strichpunkt is replaced by one point; § 12 para. 4 Z 4 is deleted.

17. The title before § 14 is new:

" 3. Part

Provisions applicable to public railways and to the provision of rail transport services on public railways

Permits "

18. § 14 (1) and (2) shall be replaced by the following paragraphs 1, 1a, 1b and 2:

" (1) For the construction and operation of and for the provision of railway services on trams and secondary railways which are not networked with other main or secondary railways, the concession shall, unless otherwise specified in paragraph 2, be the subject of the concession. is required.

(1a) A concession is required for the construction and operation of main railways and of secondary railways, which are connected to other main or secondary railways, unless otherwise specified in paragraph 2. In addition, the authorisations referred to in paragraph 5 or 5a shall be required for the provision of rail transport services on these rail tracks.

(1b) As far as nothing else is determined in paragraphs 2 and 3, in addition to the necessary concession, the construction permit and the operating permit shall be required for the construction and operation of a public railway.

(2) There is no need for a concession for the construction and operation of its own main and national secondary railways, which are networked with other main or secondary railways. No concession shall also be required for the construction and operation of and for the provision of railway services on such national secondary railways which are not networked with other main or secondary railways. "

Article 14 (5) reads as follows:

" (5) For the provision of rail transport services in Member States of the European Union, in the Contracting Parties to the Agreement on the European Economic Area and in the Swiss Confederation, by means of a Rail transport companies based in Austria require a traffic permit.

20. In accordance with § 14 (5), the following paragraph 5a is inserted:

" (5a) For the provision of the following railway services in Austria on the railway infrastructure of a railway infrastructure company by rail transport undertakings with registered offices in Austria, it is sufficient, if not already the right to The provision of this type of rail transport services on the basis of a traffic permit, a traffic concession:

1.

passenger transport services in urban or suburban transport;

2.

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

21. § 14 (6) reads:

" (6) Railway undertakings established in other Member States of the European Union, in other Contracting Parties to the Agreement on the European Economic Area or in the Swiss Confederation, authorisations granted, permits or other acts necessary for the exercise of access rights which correspond to the content required by this Federal Act shall be held in the same way as the latter. In addition, foreign authorisations, authorisations or other acts necessary for the exercise of access rights may, in so far as they do not exist under the terms of the State Treaty, be informed, at the request of the railway undertaking, by the the applicant shall be recognised if the applicant is in evidence of an underlying equivalent safety standard. "

22. § 17 para. 2 second sentence reads:

"If a main railway or a secondary railway which is networked with other main or secondary railways is the subject of the application, the modalities for access to the railway infrastructure shall also be presented in the application."

23. § 17 (2a).

The last sentence of Section 17 (6) is deleted.

25. The following paragraphs 7 and 8 are added to Article 17 (6):

" (7) The Authority may declare the concession for the concession if the concession holder, despite repeated exhortation, behaves in such a way as to ensure that the conditions for proper operation are no longer met, thereby ensuring the safety of the concession holder. is significantly affected.

(8) The concession shall be issued:

1.

with time lapse;

2.

in the event of non-compliance with the operating opening period fixed in the concession (par. 4), by declaration of the authority in the case of complete and permanent cessation (§ 29 para. 2) or in the case of concession withdrawal (paragraph 29). 7);

3.

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

26. The following transcript is inserted after § 17:

"Transport Approval"

27. § 17a together with headline reads:

" Documents to the application

§ 17a. The Federal Minister of Transport, Innovation and Technology is required to apply for a traffic permit. The application shall be submitted:

1.

information on the nature of the rail transport service envisaged (freight transport/passenger transport);

2.

if the applicant is registered in the company's register, an extract from the company's book, which is not older than three months;

3.

a certificate of criminal record for the applicant; if the applicant is a legal person or a civil society of the commercial law, a certificate of criminal record for his or her pursuant to the law, statutes or social contract for representation or Board Of Directors;

4.

a declaration by the applicant or, if that person is a legal person or a civil society of the commercial law, a declaration of his or her by law, statutes or social contract for representation or management, that has not yet received a legally binding indictance for infringements of the provisions of Section 17c (3) of this Directive;

5.

a declaration by the applicant that there are no significant arrears in taxes or social security contributions due from the company's activities;

6.

an official confirmation that no bankruptcy proceedings have been opened on the applicant's assets, not only because of a lack of cover for the costs of the proceedings;

7.

for the applicant, or if the applicant is a legal person or a civil society of the commercial law, for his or her representation or management pursuant to the law, the statutes or the social contract, which until now has its registered office or A residence 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, shall be accompanied by a dossier according to Z 3 and 6 of the competent authority. the submission of the relevant State's bodies;

8.

the annual accounts of the previous financial year; the balance sheet, the opening balance sheet, or the balance sheet for applicants who cannot submit an annual financial statement; a balance sheet; the current management report shall also be included;

a)

the available financial resources, including bank deposits, and pledged overdrapes and loans;

b)

the funds and assets available as security;

c)

the operating capital;

d)

relevant costs, including labour costs or payments for vehicles, land, buildings, installations and rolling stock, as well as the financial plan for such costs;

e)

the burden on the operating assets;

9.

an opinion or audit report by an auditor or a credit institution, indicating, with reference to the information referred to in Z 8, that the applicant is responsible for its current and future foreseeable financial obligations will be able to meet with realistic adoption in the next twelve months;

10.

information on the type and maintenance of the operating equipment, with particular reference to safety requirements;

11.

Information on the professional qualifications of the personnel responsible for the safety of railway operations and rail transport (responsible manager, deputy) and the staff responsible for ensuring the safety of the railway operations and rail transport (in particular train drivers), as well as details of the training of such personnel;

12.

Information on the coverage of liability by insurance or equivalent arrangements for the exercise of access rights. "

28. According to § 17a, the following § § 17b to 17q shall be inserted together with the headings:

" Requirements

§ 17b. (1) The Federal Minister for Transport, Innovation and Technology shall grant the transport authorisation if the following conditions are met:

1.

No objections to the applicant's reliability (§ 17c);

2.

financial capacity (§ 17d) of the applicant;

3.

professional competence (§ 17e) of the applicant;

4.

adequate coverage of liability by the conclusion of an insurance policy or equivalent arrangements for the exercise of access rights.

(2) These conditions must be met during the entire duration of the transport authorisation.

Reliability

§ 17c. In any case, concerns about the reliability of the applicant shall be:

1.

he himself or, if he is a legal person or a civil society of the commercial law, his or her legal representation pursuant to the law, the statutes or the social contract for representation or management of the person concerned by a court of law on account of one or more of his or her own. A number of criminal acts committed with an attachment to a prison sentence of more than one year have been sentenced for as long as the conviction is neither tilted nor subject to the restriction of the information from the criminal record (§ § 1 to 7 of the Tilgungsgesetz 1972, BGBl. No 68, as amended),

2.

on his assets, or if he is a legal person or a civil society of commercial law, he or she is also entitled to the representation or management of his or her assets under the law, the statutes or the social contract for the representation or management of the company. Bankruptcy proceedings have been opened or such a bankruptcy opening has been maintained only on account of a lack of coverage of the costs of proceedings, or

3.

against him or, if he is a legal person or a civil society of commercial law, also against his or her under the law, statutes or social contract for representation or management a legally binding knowledge of the criminal law because of

a)

serious infringements of traffic regulations, in particular the Railway Act 1957, the Dangerous Goods Transport Act and the Animal Transport Law-Railways or

b)

because of serious or repeated breaches of customs, labour and social law obligations, in particular the obligations imposed on a service provider under the General Social Security Act, or

c)

because of serious or repeated infringements of obligations under the law on workers 'rights, in particular the law on workers' protection of workers

has been adopted.

Financial performance

§ 17d. The prerequisite for the applicant's financial capacity shall be fulfilled if it is expected to fulfil its current and future foreseeable financial obligations under realistic assumptions over the next twelve months , and there are no significant arrears of taxes or social security contributions due out of the company's activities.

Professional competence

§ 17e. The prerequisite for professional competence of the applicant is fulfilled if:

1.

it has or will have an operational organisation and the necessary knowledge or experience to ensure safe and reliable operational control and supervision of the business to be carried out in order to obtain the rail transport services,

2.

the staff (§ 17a Z 11) is fully qualified for the respective type of activity; and

3.

Staff, driving equipment and organisation can guarantee a high level of safety.

Decision making

§ 17f. The Federal Minister for Transport, Innovation and Technology is obliged to decide on an application for the granting of the transport permit without unnecessary postponing, but no later than three months after all the necessary information has been provided.

Opening deadline

§ 17g. In the case of a traffic permit, an operating opening period of six months is to be established.

Reviews

§ 17h. (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 required to prove these conditions by opening up the company's opening and before the end of the five-year period.

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

Deprivation, restriction

§ 17i. (1) The Federal Minister for Transport, Innovation and Technology shall not be required to withdraw the traffic authorisation if only a condition necessary for the granting of a traffic permit is no longer required. In the event of doubt as to the condition of financial standing, the Federal Minister for Transport, Innovation and Technology may, provided that the safety of railway operations and rail transport is not at risk, a limitation of the traffic permit by a period of no more than six months shall be retrospected if it is to be expected that the doubts as to the financial capacity may be removed during that period.

(2) A granted traffic permit shall be restricted by the Federal Minister for Transport, Innovation and Technology to the provision of certain types of rail transport services if this is requested by the holder of the transport authorisation.

Participation obligations

§ 17j. (1) The Federal Minister for Transport, Innovation and Technology shall immediately inform the European Commission of the granting, withdrawal or restriction of the transport authorisation.

(2) When there are serious doubts about the provision of rail transport services at home, it is known that a railway undertaking established in another Member State of the European Union, in another Member State, has the right to: Contracting Party to the Agreement on the European Economic Area or in the Swiss Confederation individual requirements for the granting of a permit within the meaning of Council Directive 95 /18/EC of 19 June 1995 on the granting of a licence to the European Economic Area (EEC) of licences for railway undertakings (OJ L 327, 22. No. OJ L 143 of 27.06.1995), as amended by Directive 2001 /13/EC (OJ L 143, 30.4.2001, p. No. 26), the Federal Minister of Transport, Innovation and Technology must inform the Authority of the other State.

(3) The insurer with which a railway undertaking having its registered office in Austria has concluded an insurance cover for sufficient coverage of the liability obligation shall be obliged to:

1.

inform the Federal Minister for Transport, Innovation and Technology immediately and immediately any circumstance which means an end or restriction of the insurance cover or a deviation from the original insurance confirmation or can mean, and

2.

, at the request of the Federal Minister for Transport, Innovation and Technology, to provide information on such circumstances.

Deletion of traffic permit

§ 17k. The traffic permit shall be issued:

1.

in the event of non-compliance with the specified operating time limit

2.

by the withdrawal of the traffic permit;

3.

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

Transport concession

Documents relating to the application

§ 17l. The granting of a traffic concession is to be requested by the Federal Minister for Transport, Innovation and Technology. The application shall indicate the local area in which railway services shall be provided, and shall be accompanied by the particulars and documents referred to in § 17a.

Requirements

§ 17m. (1) The Federal Minister for Transport, Innovation and Technology shall grant the transport concession under the following conditions:

1.

there are no objections to the reliability (§ 17c) of the applicant;

2.

the financial performance (§ 17d) of the applicant is fulfilled;

3.

Professional competence (§ 17e) of the applicant is

a)

, or

b)

believable;

4.

adequate coverage of the liability by the conclusion of insurance or equivalent arrangements for the exercise of access rights has been established.

(2) If the applicant's professional competence is only credible, this is explicitly stated in the traffic concession. In this case, the owner of the traffic concession has to prove to the Federal Minister of Transport, Innovation and Technology at the latest by the opening of the operating opening that the condition of his professional competence has been met. If this is fulfilled, the owner of the traffic concession may request that the Federal Minister of Transport, Innovation and Technology establish, in a modest manner, that the condition of professional competence is met.

(3) The conditions laid down in paragraph 1, Z 1, 2, 3 lit. (a) and (4) must be available from the opening of the service for the entire duration of the transport concession.

Opening deadline

§ 17n. The traffic concession shall be subject to a reasonable time limit for the opening of the operating licence.

Reviews

§ 17o. § 17h also applies to traffic concessions.

Deprivation, restriction

§ 17p. § 17i para. 1 also applies to traffic concessions. A traffic concession granted shall be restricted by the Federal Minister for Transport, Innovation and Technology to the provision of certain types of rail transport services or to a specific local area where this is the holder of a transport concession. Transport concession requested. Furthermore, section 17j (3) applies.

Extinguisher of the traffic concession

§ 17q. § 17k also applies to traffic concessions. "

29. The following sentence is added to Article 19 (4):

" The Federal Minister for Transport, Innovation and Technology has laid down, by means of a regulation, the essential requirements for the safety and order and the requirements of railway operation and rail transport, which in the case of construction, in the case of the Maintenance and, in particular, as a signal and traffic rules in the operation to ensure a high level of safety, taking into account the state of technical development, the link between the railways and the protection of the To be taken into account, such a definition by Regulation shall not be necessary in so far as these requirements arise from Community or other legal provisions. '

30. § 22 receives the section entitled "Tariff, Roadmap".

31. § 22 (1) and (2) are:

" (1) A railway undertaking authorised to operate railway services in the passenger transport sector shall offer public transport on the basis of tariffs and timetables, which is reasonable and economically reasonable. Railway undertakings shall draw up timetables on the basis of the network timetable drawn up by the allocation body. In addition, railway undertakings which provide rail services on main or secondary railways shall apply the provisions of the railway transport legislation.

(2) railway undertakings authorised to provide railway services shall have the tariffs and railway undertakings authorised to provide rail transport services in the passenger transport sector shall also have the timetables, shall be published in good time prior to their entry into force and at the expense of the railway undertaking concerned, including through the continuous links referred to in Article 23. '

32. In § 22, paragraph 4 is deleted and the following paragraph 2a is inserted:

(2a) The railway infrastructure undertaking shall provide and make available to the railway infrastructure railway undertakings for access. "

33. In § 22 (6), the phrase " Wehrgesetz 1990, BGBl. No. 305 " by the phrase " Wehrgesetz 2001, BGBl. I No 146 ".

34. § 23 with headline reads:

" Direct handling, continuous tariff

§ 23. For the transport of persons, luggage and goods on main or secondary railways, the railway undertakings concerned shall have a direct clearance and a continuous tariff in the way of the agreement. "

35. § 25 receives the section of the section "Municipal Services".

36. § 26 receives the section entitled "Authorisations subject to authorisation".

37. In § 26 (5), the word group "§ 103 (2)" is replaced by the word group "§ 124 (2)".

38. § 27 receives the section "obligation to provide information of the railway undertaking".

39. § 28 together with headline reads:

" Facilitating

§ 28. The Authority shall provide facilities for the construction and operation of, and for the provision of, rail transport services on subways and trams, to the extent that obligations arising from Sections 19 to 27 and 45 shall be granted, provided that: The security of the management is not at risk, and private rights or public interests are not in conflict. "

40. § 30 together with the title shall be deleted.

41. In § 31, the description of the classification "(5)" and becomes the phrase "The Federal Ministry of Transport and Electricity" through the phrase "The Federal Minister for Transport, Innovation and Technology" § 31 shall be replaced by the paragraph "The Federal Law of Redemption" .

42. In § 37 (2), the word order shall be 'has the railway undertaking' by the word "is" replaced.

43. § 48 reads:

" § 48. (1) The Authority shall, at the request of a railway undertaking or a carrier of the road load on an existing crossing between a main railway or a secondary railway, on the one hand, and one authorised railway undertaking or a carrier of the road construction load, on the request of a railway undertaking or a carrier of the main Public road, on the other hand, to arrange for the construction of transport routes if this is necessary for the better management of the crossing of traffic and the modes of transport (railway undertakings and road-building carriers) is reasonable. Under the same conditions, it may also take such an order from its own motion. A period of at least two years shall be set for the purpose of implementing the order.

(2) Where there is no agreement on the regulation of the cost-bearing between the railway undertaking and the carrier of the road construction load, the costs of the structural transformation of the existing crossing, the future of which shall be maintained, and To carry out commissioning, half of the railway company and the carrier of the road construction load.

(3) In the event that the railway undertaking or the carrier of the road construction load is requested, the Authority shall decide, without taking into account the cost-support scheme laid down in paragraph 2, the costs incurred as a result of the technical adjustment of the building's construction. Redesign in the traffic area of the crossing area of the crossing grow and accordingly to be included in the cost-sharing mass and to what extent the railway undertaking and the carrier of the road-building load are the result of the structural redesign and by the future conservation and commissioning of the redesigned Installations have to bear growing costs. This fixing shall be based on the change in rail or road transport which has occurred since the construction permit was granted, and the improvement in the development of the railway or rail system achieved by the construction of the railway or road transport system. Road transport, which shall be the result of any savings achieved and of the additional costs of the special interest of a transport medium. Such an application shall be admissible only within a period of three years from the legal force of an order pursuant to paragraph 1. The cost-support scheme set out in paragraph 2 shall apply until the final decision on the costs to be borne by the railway undertaking and the carrier of the road-building load shall be taken.

(4) The Authority shall be assisted in the cost-fixing of the opinion of an expert commission. The management of the expert commission is the responsibility of the company provided for in the Rail Infrastructure Finance Act. The Commission of Experts shall consist of a Chairman and four other members. A substitute member shall be appointed for each member. The members and the replacement members are to be ordered by the Federal Minister for Transport, Innovation and Technology. The chairman (substitute member) must be right-wing. Of the other members, one must be a legal person and one technical subject of the railway system, as well as one who is a legal person and one of the technical specialists in the road system. In the case of intersections with roads that are not federal roads, the two professionals in the road sector are to be particularly familiar with the road system of the country in question. "

Section 50 (3) reads as follows:

"(3) The provisions of para. 1 and 2 shall not apply to tramway companies."

45. The title before § 51 is new:

" 4. Part

Provisions applicable to non-public railways "

46. To the part of the section IVa the first part (outline headings, § § 54 to 75 including the headings) occurs:

" 5. Part

Linking of rail tracks

Connection and co-use

§ 53a. 1. A railway undertaking shall, in order to link its railway with another railway undertaking, have the connection or the co-use of its railway infrastructure and its facilities necessary for the operation by other railway undertakings against appropriate To grant cost-effective and non-discriminatory treatment free of discrimination.

(2) In addition, a railway infrastructure company shall have undertakings producing driving equipment for the use of the railway infrastructure for an officially approved testing of driving equipment against cost replacement; this Companies must comply with the obligations on the basis of § 19.

(3) The granting of the connection or the co-use shall be effected in the form of a written contract, which shall be subject to all the conditions relating to the connection or the co-use with regard to the administrative, technical and technical financial arrangements.

Treatment of connection and co-use requests

§ 53b. Each railway undertaking has to examine a written request for connection or co-use by connection and co-use beneficiaries and to conduct negotiations. The decision on the desire shall be made either in the form provided for in § 53a (3) or by a written rejection of the desire to do so.

Complaint to the Rail Control Commission

§ 53c. (1) If a written contract is concluded for the purpose of concluding a written contract concerning the connection or the use of the joint or co-use, or if agreement is reached between the railway undertaking and the connection and the connection and the connection, the If the railway company does not have the right to take part within three months from the date on which the railway company is in demand, the person entitled to a connection or a co-use may lodge a complaint with the Rail Control Commission. The appeal shall be made in writing and shall include an application for connection or use, together with the name of the essential content of the contract to which it is intended.

(2) The railway undertaking to which the desire has been made has the rail control commission the documents required for the decision on the complaint within one week of being requested by the Rail Control Commission .

(3) The Rail Control Commission may use the information contained in the documents referred to in paragraph 2 only in respect of the decision on the complaint.

(4) The Rail Control Commission shall, after consulting the railway undertaking and the terminal or co-user, have the decision to make a decision after one has received the complaint.

(5) The complaint with which connection or co-use is sought shall be granted in the event of the legal requirements for the coveted connection or the coveted co-use; in this case, the coveted by the railway company Connection or the coveted co-use or the coveted use sought by the driving equipment by means of the communication to be carried out, which is the conclusion of a written contract relating to the connection or the The communication shall be replaced by all the conditions with regard to the administrative, technical and financial arrangements.

(6) A decision adopted in accordance with paragraph 5 shall be submitted to a subsequent conclusion of a written contract concerning the connection or the use of the joint between the authorized terminal or co-user and the railway undertaking. is not against.

Presentation of contracts

§ 53d. The railway company is obliged to submit completed contracts for the connection or the co-use within one month after conclusion of the contract to the entirety of rails-control GmbH.

Compulsory measures

§ 53e. (1) In spite of the fact that a railway undertaking is in a valid contract or in spite of a final decision pursuant to Section 53c (5), a railway undertaking is in fact preventing the connection or the use of the joint, irrespective of the initiation of criminal proceedings, the railway undertaking has Rails-Control GmbH to request the railway undertaking with a procedural arrangement for the production of the state corresponding to the legal order within a reasonable period of time not exceeding three days.

(2) If the railway undertaking does not comply with this request within the specified time limit, rail control GmbH may have the necessary measures to enable the connection or the co-use to be carried out.

Competition supervision

§ 53f. (1) The Rail Control Commission has decided on its own initiative

1.

a railway undertaking with regard to the connection or use, including all the conditions associated with it, with regard to the administrative, technical and financial arrangements, such as appropriate cost-compensation, and -to impose non-discriminatory behaviour or to prohibit discriminatory behaviour, or

2.

to declare, in whole or in part, non-effective discriminatory contracts.

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

Part 6

Regulation of the rail transport market

1. Main item

General

Purpose

§ 54. Purpose of the provisions of the 6. Part of this federal law is the economic and efficient use of railway railways in Austria

1.

through the establishment of a cross-linked and operational competition between railway undertakings in the rail transport market on the main and such secondary railways, which are linked to other main or secondary railways,

2.

by promoting the entry of new railway undertakings into the rail transport market,

3.

by ensuring access to the rail infrastructure for access beneficiaries and

4.

by creating a competitive supervision for the protection of access rights against abuse of a dominant position

,

Separation measures

§ 55. (1) Rail transport undertakings shall have a position independent of territorial authorities with regard to management, administration and management, economic and accounting control, and shall have a position independent of them; shall, in particular, have assets, budgets and accounts which are separate from the assets, the budget and the accounts of the local authorities.

(2) Integrated railway undertakings shall have the function of disclosing railway infrastructure undertakings as operators of the rail infrastructure separately from other business units in the accounting system, with separate profit and loss accounts and A transfer of funds from the railway infrastructure to other business areas shall be prohibited.

(3) Rail transport undertakings whose activities are not restricted to urban, suburban or regional transport shall have a profit or loss in the accounting system for the provision of rail transport services by rail for the purpose of making a profit and To produce and publish loss accounts and balance sheets.

2. Main piece

Access to the rail infrastructure of the main and secondary railways

Section 1

General

Access to rail infrastructure

§ 56. The allocation body shall grant access to the rail infrastructure of the main and secondary railways, which are linked to other main or secondary railways, by means of the allocation of train paths without discrimination, with the granting of access to the rail infrastructure of the main and secondary railways, where: In addition, a safety certificate (§ 61) shall be submitted to the persons entitled to access.

Beneficiaries

§ 57. Persons entitled to access are:

1.

rail transport undertakings with registered offices in Austria;

2.

international groupings

a)

if one of the railway undertakings connected to them has its registered office in Austria, for cross-border rail transport services to or from Austria, or

b)

for cross-border services in transit between the following countries in which the railway undertakings affiliated to the grouping are situated:

aa)

Member States of the European Union;

bb)

Contracting Parties to the Agreement on the European Economic Area;

cc)

the Swiss Confederation;

3.

Railway undertakings whose activities are not confined solely to urban, suburban or regional transport, having their registered office in a Member State of the European Union, in a Contracting Party to the Agreement on European Union economic area or in the Swiss Confederation, for rail transport services in cross-border combined freight transport;

4.

Railway undertakings whose activities are not restricted solely to urban, suburban or regional transport, having their registered office in another Member State of the European Union, in another Contracting Party to the Agreement on European Economic Area or the Swiss Confederation for any other cross-border rail transport services in the freight transport sector;

5.

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

6.

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.

Requirements for access rights

§ 57a. (1) Railway infrastructure undertakings may, with regard to legitimate expectations with regard to their future revenues and the use of the infrastructure, lay down requirements for persons entitled to access which are appropriate, transparent and non-discriminatory , to be published in the network statement and to be notified to the European Commission.

(2) The requirements referred to in paragraph 1 shall be subject to a financial guarantee only at an appropriate level in relation to the envisaged extent of the activity of the person entitled to access, as well as proof of the ability to submit appropriate requests for the allocation of Provide for train paths.

Other benefits

§ 58. (1) The railway infrastructure undertaking shall, in the absence of any discrimination, have access to the following services as a minimum access package for access to the rail infrastructure beyond this access:

1.

the use of switches and diversions;

2.

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

3.

the services of the communication and information systems, without which the exercise of access rights by persons entitled to access is impossible for legal, factual and economic reasons.

(2) In the absence of reasonable alternatives under market conditions, railway infrastructure undertakings and railway undertakings, the latter subject to availability of available capacity and reasonableness, shall have the exclusion of any To provide access, in addition to access to the railway infrastructure, to the persons entitled to access, in addition to such access, the following services:

1.

the co-use of their training facilities for personnel responsible for the safety of railway operations and rail transport and whose training is necessary for the exercise of the right of access;

2.

the use of railway stations, including their buildings and facilities, freight terminals, ports, railway stations, train-training facilities, derailment tracks, maintenance facilities and other technical equipment Facilities;

3.

the use of power supply systems for traction current and fuel consumption facilities.

(3) If a railway infrastructure company offers the following additional services, it shall provide these additional services to all the persons entitled to access it, in order to access the railway infrastructure, excluding any discrimination To be made available:

1.

the preheating of passenger trains;

2.

the supply of traction current and fuel;

3.

the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation, and of all other services provided in railway stations, freight terminals, railway stations, train training facilities, storage facilities and maintenance facilities;

4.

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

(4) The following additional services may be provided by the railway infrastructure company to access authorized persons for access to the railway infrastructure, but is not obliged to:

1.

access to the telecommunications network beyond paragraph 1 (3);

2.

the provision of additional information;

3.

the technical inspection of rolling stock.

(5) A railway infrastructure company has access rights for access to the railway infrastructure and the need for other services and a railway undertaking to have access to the rail infrastructure for the needs of the railway infrastructure Services transparent, appropriate, economically realistic and sufficiently unbundled, so that access rights do not need to be paid for services which they do not need to exercise the right of access.

Rail Network Terms and Conditions

§ 59. For access to the rail infrastructure by access rights and for the provision of other services, railway infrastructure companies shall have to draw up rail network conditions of use in which they determine the conditions, in which they grant such access and under which they provide these other services. The rail network conditions of use shall be kept up-to-date and shall be applied in the same manner to each person entitled to access, and shall have the essential administrative, technical and financial arrangements, in particular: contain:

1.

a section indicating the type of railway infrastructure available to the persons entitled to access, and access conditions, in particular:

a)

the technical description and operational conditions for access to the individual routes, route sections or other sections of the rail 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 and tariffs, and in particular includes:

a)

adequate details of the use of the system of protection charges;

b)

sufficient information on the charges for the other services to be provided, which are provided only by a single supplier;

c)

whether and which procedures, rules and, where applicable, tables for the implementation of section 67 (2) to (4) and section 69 (3) are applied;

d)

details of the changes to be decided or provided for in the event of payment;

3.

a section on the principles and criteria for the allocation of train paths; information on the general capacity characteristics of the railway infrastructure available to the persons entitled to access, as well as on any possible to make use restrictions, including the expected capacity requirements for maintenance purposes, to specify the processing and the time limits of the procedure for the allocation of train paths, and to specify specific criteria , which shall be relevant to this procedure, in particular:

a)

the procedures for the lodging of a request for the assignment of train paths by the persons entitled to access at the point of allocation;

b)

Requirements for persons entitled to access;

c)

the timetable for the lodging of a request for the allocation of train paths to the allocation body and the allocation procedure;

d)

principles of the coordination procedure;

e)

in the case of congestion of the railway infrastructure, procedures and criteria to be applied;

f)

Details on the use limitation of rail infrastructure and

g)

Other conditions which take account of the degree to which rail infrastructure has been used up to date in the determination of rankings in the allocation procedure.

In addition, it should be specified in detail what measures have been taken to ensure adequate treatment of rail services in freight transport, cross-border rail services and the allocation of train paths, to be placed outside the network planning procedure.

(2) The railway infrastructure undertakings shall have at least four months before the end of the period (Article 65 (3)) for the provision of the payment of a pay-free service on the Internet, as well as their amendments (Section 65 (3)). and to provide the Rail Control GmbH within one month from the date of creation or modification of the same.

Terms and conditions

§ 59a. (1) For the provision of services, railway undertakings shall draw up general terms and conditions in which they shall lay down the conditions under which they shall make available these services. These General Terms and Conditions shall contain all the essential administrative, technical and financial arrangements.

(2) The railway undertakings shall provide the general terms and conditions of business and their amendments free of charge on the Internet and shall submit them within one month from the date of creation or modification of the latter.

Reservation Cost

§ 59b. Persons entitled to access which, in the course of the network planning procedure, desire the allocation of train paths, shall have for those train paths which they have sought, but for their use on the basis of circumstances which only they themselves have to represent, no allocation has been made to the railway infrastructure company to replace costs at an appropriate level for the reservation of these sought-after train paths.

Withdrawal of train paths

§ 60. The allocation body shall be entitled to withdraw such assigned train paths by unilateral, written and receiving declaration, on which the person entitled to access within the last three months has his right of access on the basis of The circumstances of which the person entitled to access has to be represented did not exercise.

Safety certificate

§ 61. The railway infrastructure undertaking shall issue a safety certificate on the basis of a request for an access authorisation, in which the safety requirements for the persons entitled to access in order to guarantee a safe transport service shall be issued on the the routes affected by the access are fixed. The safety certificate shall be issued by the railway infrastructure undertaking if the provisions relating to the safety and order of rail transport and the provisions relating to the transport services and routes concerned by the transit system are relevant the safety of railway operations has been demonstrated, in particular with regard to the organisation, operating equipment and staff to ensure safety. In particular, it must be demonstrated that the staff of the trains concerned have the necessary training in order to comply with the traffic rules applicable to the routes and which are in the interests of the Safety rules imposed on railway undertakings shall be observed. It is also necessary to demonstrate that the equipment used for the operation is considered and appropriate with regard to the technical and operational requirements applicable to the routes concerned, and where necessary to verify that it is necessary to: the railway infrastructure undertaking may require the carrying out of a test drive at the expense of the person entitled to access.

(2) At the request of the person entitled to access, Rail-Control GmbH shall fix a reasonable time limit for the issue of a safety certificate. If the railway infrastructure company does not issue a safety certificate or not in the time limit set by Rail-Control GmbH, rails-Control GmbH has to determine whether all the requirements for the The issue of a safety certificate is available. If the Rail Control GmbH has established that all the requirements for issuing a safety certificate are available, the railway infrastructure company shall issue the safety certificate within 14 days.

(3) The railway infrastructure companies shall submit the safety certificates issued by rail-control GmbH within one month from the date of issue.

Allocation Body

§ 62. (1) The allocation body shall be the railway infrastructure undertaking.

(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 the tasks associated with the function as an allocation body, either in whole or in part the company provided for in the Rail Infrastructure Finance Act or another suitable undertaking, or transferred to another appropriate place with a written contract.

(3) However, the performance of tasks related to 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 company provided for in the Rail Infrastructure Finance Act or to another suitable company or company, or another appropriate body, but only if the latter are legally, organizationally and in their decisions independent of railway undertakings, with a written contract, which shall then be conferred on them by a written contract. To carry out tasks as assignment point in place of the railway infrastructure company on its own responsibility; the contract may not contain any provision which is subject to the exercise of the function of an allocation body in accordance with the law. It would affect tasks or make it impossible.

Section 2

Allocation of train paths

Allocation principles

§ 63. (1) The allocation body shall carry out the allocation of train paths to access beneficiaries in accordance with the principles of equal treatment and efficient use of the railway infrastructure.

(2) An access authorized person may not transfer to other persons entitled to access or provide a different type of rail transport performance than that for which he has been assigned a train route by the allocation body.

(3) The duration of the allocation of a train route to an access authorised person shall be limited by a network timetable period. However, the allocation body and an access authority may agree on a framework for the allocation of infrastructure capacity on the rail infrastructure concerned, which has a running time of more than one network timetable period.

Framework

§ 64. (1) The allocation body may, with an authorized person, make provision for the allocation of infrastructure capacity for a longer period of time than a network timetable period. It may be possible to specify the time range within which train paths are to be offered, if the train path 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 undertaking does not itself perform the function of an allocation body, the allocation bodies shall conclude framework contracts with the persons entitled to access in the name and on the account of the railway infrastructure undertaking.

(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 rail 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 exclude access to the rail infrastructure concerned by other persons entitled to access. Framework rules must contain a system which allows for their change in the interests of better use of the rail infrastructure concerned; in such a case, the amendment of a framework may be agreed upon by a patron.

(5) Framework arrangements should be limited to a period of five years. Framework regulations are to be submitted to rail-control GmbH within one month from the point of preparation of the allocation body; framework schemes with a duration of more than five years are based on information on the framework regulation as a motive , to give specific 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 regulation shall be made known by the allocation body to other persons entitled to access at the request of the competent authority.

Cooperation of allocation bodies

§ 64a. (1) In order to ensure the efficient creation of infrastructure capacity and the allocation of train paths with other national allocation bodies, domestic allocation bodies shall be obliged to provide access points in other Member States to the European Union, to cooperate in other Contracting Parties to the Agreement on the European Economic Area or the Swiss Confederation.

(2) In particular, they shall endeavour to ensure the best possible competitiveness of rail transport services and to ensure the efficient use of the Trans-European Rail Freight Network (Article 10a and Annex I of the Directive). Directive 91 /440/EC on the development of railway undertakings in the Community, OJ L 44, 23.1.1991. No. OJ L 237 of 29.07.1991 S 25, as amended by Directive 2001 /12/EC, OJ L 237, 21.9.2001, p. No. OJ L 75 of 26.02.2001 (S 1).

(3) 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.

Network plan creation

§ 65. (1) All planned train movements and movements of the rolling stock on rail 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 Community 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 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 shall be maintained as far as possible in the subsequent network planning procedure.

(3) The time limit for the introduction of the right of access for persons entitled to access to train paths to be included in the network timetable shall not exceed 12 months before the network timetable is entered into force. No later than four months after the expiry of the time limit for the introduction of a request for the allocation of train paths by the persons entitled to access, the allocation body shall draw up a network timetable design.

(4) The allocation body shall, as far as possible, in the preparation of the network, comply with all the access rights for the allocation of train paths and all the constraints to which the access advertisers are subject, including the economic impact on their business activities, as far as possible.

(5) The allocation body shall give priority to specific rail transport services in the cases of network planning and coordination in the cases of the network planning and coordination procedure laid down in section 65c (3).

(6) The allocation body shall be obliged to consult all persons entitled to access which have sought the assignment of train paths to the draft network plan and to give them a period of one month for their opinion, provided that their desire for allocation is has not been complied with by train paths in the draft network plan. The initiation of the hearing shall be made public on the Internet. The allocation body shall take the fullest possible account of justified complaints.

Infrastructure capacity for regular maintenance

§ 65a. The maintenance of infrastructure capacity for maintenance purposes shall be taken into account in the context of the establishment of a network plan. The allocation body shall be obliged to take due account of the effects of this management of infrastructure capacity on access rights.

Coordination procedure

§ 65b. (1) In the case of network planning incompatibilities between different types of access authorised for the allocation of train paths which would have to be taken into account in the establishment of a network plan, the allocation body shall be replaced by: To coordinate these efforts and to engage in negotiations with the beneficiaries to achieve a mutually agreed solution. For this purpose, it can offer train paths within acceptable bandwidths, which deviate from the desired train path.

(2) 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.

(3) For the purposes of the rapid settlement of disputes between access authorities with a view to the allocation of coveted train paths, the allocation body shall establish a dispute settlement system which shall take decisions on disputes within the framework of the of ten working days.

Overloaded rail infrastructure

§ 65c. (1) In cases where, after coordination of the train paths requested and after consultation of the coveted train paths, the number of persons entitled to access on the allocation of train paths to be taken into account in the preparation of the network plan shall be: The allocation body shall immediately declare the rail infrastructure section concerned to be overloaded without delay. This has also to be done in the case of rail infrastructure, which is to be seen as not being sufficient in the near future.

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

(3) If charges in accordance with § 67 (2) were not levied or if they did not result in a satisfactory result and were declared overloaded on the rail infrastructure, the allocation body in the network planning process shall have those desire which the To give priority to the allocation of train paths for the provision of services of general economic interest. Other requests which do not cover the allocation of train paths for the provision of services of public service shall be based on the order of magnitude of the social benefits of the rail transport services on which they are based Priority should be given to the provision of goods transport services, in particular international freight transport services, to a greater social benefit than passenger transport services.

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

Capacity Analysis

§ 65d. (1) The purpose of a capacity analysis is to identify the bottlenecks in the rail infrastructure which prevent the allocation of train paths from taking place in an appropriate manner, and the presentation of the way in which additional information can be provided to the public. Desire can be granted. The analysis shall identify the reasons for congestion and indicate possible short-and medium-term remedial measures.

(2) The analysis shall include the rail 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 the rail infrastructure.

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

Plan to increase infrastructure capacity

§ 65e. Within six months of the completion of a capacity analysis, a plan to increase the number of persons entitled to access, after consultation with the persons entitled to access, to which a train line has been allocated on the consigned rail infrastructure concerned, shall be: To create a driving capacity. It shall specify the following:

1.

the reasons for the congestion;

2.

the expected future transport development;

3.

restrictions on the development of rail infrastructure;

4.

the possible measures and costs of increasing infrastructure capacity, including the changes to be expected from the use of the charges.

(2) On the basis of a cost-benefit analysis of the identified possible measures (para. 1 (4) is to determine the measures to be taken to increase the capacity of the infrastructure, including a timetable for the implementation of the measures.

(3) The railway infrastructure undertaking shall cease the collection of charges levied in accordance with Article 67 (2) in cases where:

1.

will not present a plan to increase infrastructure capacity, or

2.

No progress has been made with the catalogue of measures set out in the plan to increase the capacity of the infrastructure.

However, the railway infrastructure undertaking may continue to raise such charges, subject to the authorisation of the Commission's Rail Control Commission, where:

1.

the plan to increase infrastructure capacity cannot be achieved for reasons beyond its influence; or

2.

the possible measures are not economically or financially viable.

Special measures for disturbances

§ 66. (1) In the case of technical or accident-related disturbances of the train movements, the railway infrastructure undertaking shall take all necessary measures to restore the normal situation. To this end, it has to draw up an emergency plan listing the various public authorities to be informed in the event of serious incidents or serious disturbances of the movements of the train.

(2) In emergency situations and where this is strictly necessary because access to the railway infrastructure is temporarily not possible due to an operational malfunction, the assigned train paths may be locked without notice as long as they are necessary for the maintenance of the rail infrastructure. The railway infrastructure undertaking may, if it deems it necessary, request that the persons entitled to access to which train paths are allocated on the railway infrastructure concerned shall be entitled to it, in accordance with the available capacity and the capacity of the railway infrastructure undertakings. To be able to make available the funds which, in his opinion, are best suited to restore the normal situation as soon as possible, against reasonable cost and industry-related pay.

Section 3

Use charges and other charges

Rules for the determination of the use charges

§ 67. (1) Use charges for access to the rail infrastructure, including the minimum access package (§ 58 (1)), shall be determined in principle at the level of the costs directly incurred as a result of the train operation.

(2) Allowances shall be allowed for time and local capacity constraints on a route, part or other section of the rail infrastructure for the duration of the overloading of the same.

(3) Higher use charges may be set for access to a rail infrastructure where the construction or upgrading of such infrastructure has been or will be completed after 15 March 1986, to an increased capacity or to a reduced cost of the infrastructure use, and if this construction or extension would not have been carried out or could be carried out without increased use of the user's fees. In setting such higher rates of use, the long-term investment costs may be used, taking into account the competitive situation of the rail transport services concerned.

(4) In so far as the charges for use in accordance with the principles set out in paragraphs 1 to 3 and other proceeds from the operation of the railway infrastructure are not sufficient to achieve full coverage of the costs, additional surcharges may be fixed. which, however, must not exclude the use of the railway infrastructure for types of railway services which can cover at least the costs directly incurred as a result of the train operation, plus a return on the market.

(5) The rates of use may be fixed over a reasonable period, 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 use charges must remain in relation to the costs incurred by rail transport services.

(6) On the basis of the principles mentioned above, a railway infrastructure company shall draw up a use-by-use rules, including the use of funds, to be applied to the rail network of that undertaking. In their distinctions for parts of the network, they shall be designed in such a way as to avoid discrimination of potential access rights, and to ensure that they are used for similar uses of the railway infrastructure of a railway infrastructure company , and do not trigger unequal treatment for comparable rail transport services in a segment of the rail transport market.

(7) In addition, the use of the protection rules must include performance-based components which encourage the right of access and the railway infrastructure company to avoid operational disruptions and to increase the performance of the Rail infrastructure. In particular, this may be the case for Pönalen for operational disruptions of the railway infrastructure, compensation for access rights affected by the disturbances and a bonus scheme for services exceeding the agreed performance level.

Determination of the use charges

§ 68. (1) The use of the charges shall be determined by the allocation body, if the latter is not the railway infrastructure company itself, after obtaining its proposal.

(2) The rules on the use of the charges shall be included in or annexed to the network statement by the railway infrastructure undertaking. It shall also be accompanied by an explanation showing how to comply with the requirements of § 67, insofar as this is possible without disclosure of confidential business data.

(3) On the basis of the remuneration rules, the allocation body shall fix the use fee to be paid for a coveted access to the railway infrastructure, including the provision of the minimum access package.

Negotiations on the level of the use of the user

§ 68a. Negotiations between the persons entitled to access and the allocation body concerning the amount of the use of the use to be paid shall only be permitted if they are conducted under the supervision of the Rail Control GmbH.

Collection of charges for use

§ 69. (1) The person entitled to access has to pay the access fixed for the access to the railway infrastructure company.

(2) All-due charges may only apply to the use charges levied only for a certain section of the railway infrastructure and which are to be limited to the administrative costs saved, with the aid of which: the fixing of the cost savings taken into account must not be taken into account.

(3) In addition to paragraph 2, a single type of railway transport services may be subject to limited time-limits for the purposes of promoting the development of new railway services or for the promotion of access to the railway infrastructure. Very low levels of utilization shall be granted where these discounts are accessible to all persons entitled to access by means of the network statement.

Other charges

§ 70. (1) The charges to be paid for other necessary services pursuant to § 58 (2) to (4) for access to the railway infrastructure shall be determined in accordance with the principles of reasonable costs and customary remuneration.

(2) The charges for services to be made available by a railway infrastructure company pursuant to section 58 (2) to (4) shall have the allocation body, in the case that this is not the railway infrastructure company itself, after consultation of the latter, to be fixed. The competitive situation on the rail transport market must be taken into account for the amount of the remuneration for services. Where additional services or other ancemials are offered only by a company, the remuneration must remain in relation to the cost of the service provision, calculated on the basis of the actual use of the service.

(3) Charges for services to be made available by a railway undertaking shall be agreed by that undertaking with the person entitled to access.

Section 4

Treatment of desire, complaint, supervision of competition

Legal Form

§ 70a. (1) The allocation of train paths and the provision of other services of a railway infrastructure company, except in the case of paragraph 2, shall be in the form of a written contract to which all shall be granted access to the railway infrastructure and the provision of other services relating to the administrative, technical and financial arrangements. Where a railway infrastructure undertaking does not itself perform the function of an allocation body, the allocation bodies shall conclude contracts with the persons entitled to access in the name and on the account of the railway infrastructure undertaking.

(2) The allocation of train paths to an integrated railway undertaking for the exercise of access rights on its rail infrastructure and the provision of other services for the purpose of the integrated railway undertaking shall, in the case of: To take the form of a document, signed by the allocation body and the integrated railway undertaking, which shall include all the conditions relating to access to the railway infrastructure and to the provision of other services in the With regard to the administrative, technical and financial Modalities to be included.

(3) The provision of services by a railway undertaking shall take the form of a written contract to the effect that all the conditions relating to the provision of services shall be met with a view to: to include the administrative, technical and financial arrangements.

Treatment of assignment and performance desires

§ 71. (1) Each allocation body shall examine and negotiate a written request by persons entitled to access on the assignment of train paths or on the provision of other services of a railway infrastructure undertaking; Allocation point does not involve the railway infrastructure company, the latter is to be involved in the negotiations. The same shall apply mutatily to railway undertakings with a view to the provision of services in written form.

(2) A reference to the allocation of train paths on the railway infrastructure of a number of railway infrastructure undertakings shall be made by the person entitled to access to an allocation body of his choice. This allocation body shall be obliged to request the allocation of the necessary train paths in the case of the other allocation bodies concerned on behalf of the person entitled to access.

(3) The allocation body shall, in coordination with the other authorities concerned, have no unnecessary postponing, but no later than one month, in respect of the allocation of train paths to be taken into account in the preparation of the network plan. after the expiry of the period of application of the request, in the event of a coordination procedure being carried out no later than one month after the conclusion of such a procedure. All other requirements for the allocation of train paths shall be decided within five working days from the date of receipt of the written request. Requests for the provision of other services of a railway infrastructure company shall be provided by the allocation body and by rail transport undertakings in order to provide services to the public Railway undertakings shall decide not later than one month after 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.

Complaint against the allocation body

§ 72. (1) Where the grant of access rights for the allocation of train paths or the provision of other services of a railway infrastructure company is rejected by the allocation body or an agreement is reached between the allocation body and the person entitled to the right of access within one month from the expiry of the period of application of the request, in the event of a coordination procedure being carried out not later than one month after the conclusion of such a procedure and in the event of the allocation of Train paths are not taken into account in the creation of the network timetable , within five working days from the date of receipt of the request at the allocation point, or if the train path affected by the payment has been assigned to another access advertiser, the access-authorized complaint may be made to the rail control Commission. The complaint shall be made in writing. The complaint may be

1.

a request for the assignment of the coveted train path, together with the description of the essential content of the contract to be pursued or the document to be sought, or

2.

an application for the provision of other services, together with the description of the essential content of the contract to which the contract is sought, or the document to be sought, or

3.

a request to establish that, contrary to the provisions of this Federal Law, the allocation of the coveted train route has not been made to the complainant, but to another person entitled to access,

to be included.

(2) The allocation body to which the request has been made has the Commission's rail control commission the documents necessary for the decision on the complaint, in particular correspondence with all the assignment bodies concerned, within one week after the request by the Commission's Rail Control Commission.

(3) The Rail Control Commission may use the information contained in the documents referred to in paragraph 2 only in respect of the decision on the complaint.

(4) The Rail Control Commission shall, after consulting the allocation body responsible for the allocation and the person entitled to the right of access, decide within a period of two months after the date of receipt of the complaint. An order for a defect of the defect has the effect that the complaint is deemed to have been received only after the complete complaint has been made.

(5) The complaint with which the allocation of a train route is sought shall be accepted if the train route sought by the complainant's access authorized signup has not yet been assigned to any other person entitled to access and the legal status of the person responsible for the access to the train is not the conditions for the allocation of the coveted train path shall be met; in this case, the assignment of the train path sought by the applicant for access to the train must be carried out by means of the communication to which the complaint has been lodged, which shall conclude a written contract or the drawing up of a document on the allocation of The communication shall contain all the conditions relating to the administrative, technical and financial arrangements.

(6) The complaint with which the provision of other services is sought shall, in the case of the existence of the statutory conditions for the provision of other benefits, be accepted; in this case, the provision shall be made available to: the other services sought by the complaining person entitled to access by means of the communication to which the complaint is made, which shall conclude a contract or the drawing up of a document on the provision of other services. , the communication shall have all the conditions with regard to the administrative, technical and financial arrangements.

(7) The complaint requesting the determination that the allocation of the coveted train route against the provisions of this Federal Law has not been made to the complainant, but to another person entitled to access, shall be: , in the event that the decision to the effect of the complaint has to be determined, that the assignment of the train path sought by the applicant to the person entitled to access to the person entitled to access to the other person entitled to access has been accepted, the provisions of this Federal Act have been made.

(8) A communication issued in accordance with paragraphs 5 and 6 shall be subject to a subsequent conclusion of a written contract or a subsequent drawing up of a document on the allocation of train paths, including the provision of other documents. Benefits shall not be accepted between the complainating access authority and the allocation body.

Complaint against a railway undertaking

§ 73. (1) Where an access authorised to a railway undertaking is refused for the provision of services, or an agreement is reached between the railway undertaking and the person entitled to access to the rail transport operator, within one month from the date of receipt of the coveted by the railway undertaking, the person entitled to access rights may lodge a complaint to the Rail Control Commission. The appeal shall be made in writing and shall include an application for the provision of services, together with the name of the essential content of the contract to which it is intended.

(2) The Rail Control Commission shall, within one week of being requested by the Rail Control Commission, inform the Rail Control Commission of the documents required for the decision on the complaint. .

(3) The Rail Control Commission may use the information contained in the documents referred to in paragraph 2 only in respect of the decision on the complaint.

(4) The Rail Control Commission shall, after consulting the railway undertaking and the person entitled to the right of access, decide within a period of two months after the receipt of the complaint with the decision. An order for a defect of the defect has the effect that the complaint is deemed to have been received only after the complete complaint has been made.

(5) The complaint with which the provision of services is sought shall, in the case of the existence of the statutory conditions, be accepted for the provision of services; in this case, the provision of the services shall be: services requested by the complainant to be made by the person who has received the complaint, who shall replace the conclusion of a written contract concerning the provision of services; the communication has all the conditions with regard to the administrative, technical and financial arrangements.

(6) A decision adopted in accordance with paragraph 5 shall not preclude the subsequent conclusion of a contract for the provision of services between the entitled person entitled to access charges and the railway undertaking.

Submission of contracts and documents

§ 73a. (1) The allocation body shall be obliged to conclude contracts or documents drawn up on the allocation of train paths and concluded contracts or documents drawn up on the provision of other services within one month. after the contract has been concluded or the rail-control GmbH has been prepared for the original customer. In the case of section 62 (2), the contracts concluded for the allocation of train paths and concluded contracts for the provision of other services shall also be without delay to the railway infrastructure company by the allocation body. .

(2) (1) first sentence shall also apply to railway undertakings with regard to contracts for the provision of services.

Competition supervision

§ 74. (1) The Rail Control Commission has decided on its own initiative

1.

an allocation body with regard to the access to the railway infrastructure, including all the conditions associated with it, with regard to the administrative, technical and financial arrangements, such as the use of the fee, and as regards the provision of other services, including all the conditions relating thereto, with regard to the administrative, technical and financial arrangements, such as appropriate cost and industry-related Pay compensation for non-discriminatory behaviour or to prohibit discriminatory behaviour, or

2.

a railway undertaking with regard to the provision of services, including all the conditions associated with it, with regard to the administrative, technical and financial arrangements, such as appropriate To impose a non-discriminatory conduct or to prohibit discriminatory behaviour, or to prohibit the use of the industry's customary remuneration, or

3.

discriminatory rail network-conditions of use, discriminatory general terms and conditions, discriminatory contracts or discriminatory documents, in whole or in part, to be declared ineffectable.

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

Disclosure requirements

§ 74a. (1) The allocation bodies, railway infrastructure undertakings and railway undertakings shall, on request, give the rail-control GmbH and the rail-control commission the information to be supplied for the completion of the execution of the operation The provisions of railway law shall be required to provide the necessary information, on request, on request, and to the representatives appointed by them for verification of compliance with the railway obligations conferred on them for the purpose of enforcement. and confer on the records and books.

(2) The allocation agencies shall submit to the Rail Control GmbH the applicable network timetable and the documents relevant for the preparation of the network plan within one month of the establishment of the network timetable. The allocation bodies and railway infrastructure companies also have to inform Rail Control GmbH in good time about all important changes in the quality or capacity of the rail infrastructure.

Compulsory measures

§ 75. (1) In spite of the fact that a valid written contract has been submitted or in spite of a final decision pursuant to Section 72 (5) and (6) or Article 73 (5), a railway undertaking shall, in fact, prevent access, in fact, irrespective of the initiation of criminal proceedings. to the railway infrastructure or to the provision of other services, rail control GmbH has the railway undertaking with a procedural arrangement for the production of the state corresponding to the legal order within a reasonable period of time, for a period not exceeding three days.

(2) If the railway undertaking fails to comply with this request within the specified time limit, rail-control GmbH shall be entitled to use the communication to enable the access to the railway infrastructure or the provision of other railway infrastructure. Benefits shall be provided for. "

47. The title before § 76 is new:

" 7. Part

Regulatory authorities

1. Main item

Rails-Control GmbH

Foundation of the rails-Control GmbH "

Section 77 (1) reads as follows:

" (1) The Rail Control GmbH is located next to the one in the 5. and 6. The tasks assigned to this federal law (§ § 53e, 61, 68a and 75) include the following tasks:

1.

market monitoring to determine the development of competition in the Austrian rail transport market;

2.

the monitoring of the maintenance of the obligations of the railway infrastructure undertakings, the railway undertakings, other railway undertakings and the allocation bodies to ensure that they are provided for and the provision of such services;

3.

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

4.

an exchange of information on their decisions and those of the Rail Control Commission with relevant foreign regulatory bodies. "

49. § 80 reads:

" § 80. (1) The management of the Rail Control GmbH shall be carried out economically, expediently and economically. An annual financial plan shall be submitted to the Federal Minister for Transport, Innovation and Technology and the Federal Minister for Finance. The necessary personnel and material expenses for the performance of the tasks assigned to the Rail Control GmbH by this Federal Act, which, as part of their management tasks pursuant to Section 81 (3), also apply to the tasks of the Rail Control Commission , including the personnel and material costs involved, shall be covered by the cost contributions of railway undertakings to the extent that they have access to the rail infrastructure covered by Article 56. These cost contributions are to be submitted to them by rails-Control GmbH per calendar year, and to be raised by the same.

(2) The Federal Minister of Transport, Innovation and Technology, in agreement with the Federal Minister for Finance, has to regulate the amount of these costs by means of a regulation, with the principles of a flat-rate, pro-rata charging in accordance with the use of the rail infrastructure and the limitation of the height after the expenditure necessary for the performance of the tasks in the case of economic, practical and economical use. This Regulation may also regulate the nature and extent of the advance payment of advance payments for the ongoing use of the railway infrastructure during a calendar year. "

50. The title before § 81 is new:

" 2. Main item

Rails-Control Commission

Establishment of the Rail Control Commission "

51. § 81 (2) reads:

" (2) The Rail Control Commission is in the 5. and 6. Part of this federal law assigned jurisdiction (§ § 53c, 53f, 64 para. 5, 65e para. 4, 72, 73 and 74) and the execution of appeals against the railings of rails-control GmbH. In the matters of Sections 53e (2), 61 (2), 75 (2), 77 (3) and 80 (1), it shall be the competent authority within the meaning of § § 5, 68 and 73 AVG. "

52. The title before § 86 reads:

" 8. Part

Interoperability

1. Main item

Interoperability-high-speed rail system

Section 1

General

Purpose "

53. In § 86, the word group "of section IVb" is replaced by the word group "this main piece".

54. In § 87, the word group "Section IVb" shall be replaced by the word group "This Main Item".

55. § 90 reads:

" § 90. Technical specifications for interoperability (TSIs) are to be understood as specifications which apply to a subsystem in order to comply with the essential requirements. "

56. In § 91 (1), the word group "in section IVb" is replaced by the word group "in this main piece".

57. The title before § 93 reads:

" 2. Section

Interoperability constituents

Definition "

58. In § 94 (3) Z 2, the expression " (§ 15 Z 21 of the Federal Law of the Law, BGBl. I No 56/1997-BVergG) " by the parenthesis " (§ 20 Z 16 Bundesvergabegesetz 2002, BGBl. I No 99/2002-BVergG) " replaced.

59. In § 95, section 1 of the parenthesic expression " (§ 15 Z 21 BVergG) " by the parenthesis " (§ 20 Z 16 BVergG) " replaced; in paragraph 2 (1) and (2), the expression " (§ 15 Z 17 BVergG) " by the parenthesis " (§ 20 Z 21 BVergG) " and the parenthesis " (§ 15 Z 16 BVergG) " by the parenthesis " (§ 20 Z 30 BVergG) " replaced.

Article 96 (1) reads as follows:

" (1) For an interoperability constituent, the manufacturer or his authorised representative established within the Community must issue an EC declaration which is Annex IV to Directive 96 /48/EC on the interoperability of the trans-European network. High-speed rail system. In so doing, the TSSI provisions relating to the interoperability constituent, including the European specifications, where such exist, shall be applied; no relevant TSI is available or is declared inapplicable; and shall not be subject to any European specification, and shall apply the common standards and technical specifications. "

61. § 99 reads:

" § 99. (1) The subsystems must comply with the essential requirements. Where a relevant TSI to be applied is available, the interoperability of a subsystem with regard to the fulfilment of the essential requirements shall be established on the basis of the relevant TSI.

(2) Where no relevant TSI is present or if such a TSI is declared inapplicable, it shall:

1.

a building permit, a permit pursuant to section 36 and an operating licence for a structural subsystem, in addition to other authorisation requirements, on condition that it is used on the basis of the common the technical requirements shall comply with the essential requirements and shall:

2.

the Federal Minister for Transport, Innovation and Technology to submit to the other Member States of the European Union and to the European Commission a list of these common technical requirements; it also has this list in the Internet to be published.

62. The title before § 98 reads:

" 3. Section

Subsystems

Definition "

Section 101 (1) reads as follows:

" (1) For a subsystem in respect of which a TSI is present and which is to be applied, the adjudicating entity or its authorised representative shall be subject to an EC declaration of verification which shall be set out in Annex V to Directive 96 /48/EC on the interoperability of the trans-European network High-speed rail system must be issued. They shall have the EC verification carried out at a notified body of their choice. The contract for the notified body responsible for the EC verification shall cover the entire period from the planning to the construction to the final inspection prior to the commissioning of the subsystem. "

(64) The following paragraph 4 is added to § 101:

" (4) An operating licence for a subsystem for which a TSI is present and which is to be applied shall be granted, in addition to other approval requirements, only on condition that an EC declaration of verification corresponding to that federal law for this sub-system of the Authority. "

65. § § 103 to 114 (old) are given the designation "§ § 124 to 135".

66. After 1. Main part of the 8. Part (new) is added as 2. main piece:

" 2. Main item

Interoperability-Conventional trans-European rail system

Section 1

General

Purpose

§ 103. The purpose of the provisions of this main piece is to ensure the interoperability of the conventional Austrian rail system with the rest of the trans-European conventional rail system.

Conventional Austrian rail system

§ 104. The conventional Austrian rail system includes:

1.

Side-ways and from the scope of the 1. Main sections of non-recorded main railways, to the extent that these rail tracks are covered by Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network (OJ L 327, 22.9.1996, p No. 1) or any updating of this Decision on the basis of the review provided for in Article 21 of those guidelines;

2.

Driving equipment suitable for driving on the whole of the trans-European conventional rail system, or one or more parts thereof.

Interoperability

§ 105. Interoperability is understood to mean the suitability of the trans-European conventional rail system for the safe and continuous rail transport by providing the necessary performance characteristics for the main and secondary railways which are part of the interoperability of the trans-European rail system. will be met.

Technical specifications for interoperability (TSI)

§ 106. Technical specifications for interoperability (TSIs) are the specifications which apply to each subsystem or part thereof with a view to meeting the essential requirements.

Conversion

§ 107. Conversion is to be understood as an extensive modification of a subsystem or parts thereof.

Renewal

§ 108. Renewal is understood to mean extensive work to replace a subsystem or parts thereof.

Notified bodies

§ 109. (1) notified bodies shall be responsible for the tests and evaluations provided for in this main piece

1.

as a result of the Accreditation Act, BGBl. No 468/1992, accredited bodies to be drawn up or

2.

Bodies referred to in the European Commission pursuant to Article 20 (1) of Directive 2001 /16/EC on the interoperability of the trans-European conventional rail system, OJ L 197, 21.7.2001, p. No. OJ L 110, 20.04.2001, p. 1, published in the Official Journal of the European Communities, with their identification number and with the indication of their area of competence.

(2) The Federal Minister for Economic Affairs and Labour shall have those accredited bodies responsible for carrying out procedures for the assessment of conformity and suitability for use of interoperability constituents and for the implementation of EC verification procedures , to be notified to the European Commission and to the other Member States of the European Union, with the notification of the scope of accreditation and of the identification number assigned to them by the European Commission.

Basic requirements

§ 110. The essential requirements are those conditions which must be met by the conventional trans-European rail system, subsystems and interoperability constituents, including interfaces, and those laid down in Annex III to the Directive 2001 /16/EC on the interoperability of the trans-European conventional rail system.

Provision of data

§ 111. The Federal Minister for Transport, Innovation and Technology has the body responsible for drawing up the TSIs (Art. 2 lit. (h) Directive 2001 /16/EC on the interoperability of the trans-European conventional rail system) to provide all the data necessary to enable this body to draw up, adopt or revise any of the TSIs To take account of all the foreseeable costs and the foreseeable benefits of all the technical solutions tested and the interface between them, with the aim of identifying and implementing the most advantageous solutions. Railway undertakings shall have such available data available to the Federal Minister for Transport, Innovation and Technology.

Section 2

Interoperability constituents

Definition

§ 112. Interoperability constituents shall be components, groups of components, subassemblies or complete assemblies of material incorporated or intended to be incorporated into a subsystem and from which the interoperability of conventional trans-European Rail system directly or indirectly. Components are material products, but also intangible products such as software.

In-traffic

§ 113. (1) Only such interoperability constituents may be placed on the domestic market which will enable the interoperability of the trans-European conventional rail system to be achieved and the essential requirements to be met . This shall not apply to interoperability constituents used on the other hand or for rail tracks other than those referred to in § 104 Z 1. The transfer of interoperability constituents for the purpose of storage, scrapping, their conformity assessment or suitability for use shall not be considered as placing on the market.

(2) An interoperability constituent for which an EC declaration (§ 115), which has been placed on the market and which is used as intended, has an adverse effect on compliance with the essential requirements, has been affected by the Federal Minister for Transport, innovation and technology by Regulation a ban on the placing on the market of and free movement of goods with components of the same type.

(3) The Federal Minister for Transport, Innovation and Technology shall inform the European Commission of a regulation pursuant to paragraph 2 of the European Commission, stating the reasons on which such a regulation is based, in particular: whether the interoperability constituent in question is therefore not in conformity with the following:

1.

the basic requirements are not met,

2.

the European specifications used (§ 20 Z 16 BVergG) have not been properly applied, or

3.

the European specifications are incomplete.

(4) The Regulation should be repealed by the Federal Minister for Transport, Innovation and Technology when the European Commission informs the Republic of Austria that it prohibiting the placing on the market of and the free movement of goods with the latter Interoperability constituent is considered to be unfounded.

(5) Monitoring of compliance with the provisions on the placing on the market of and the free movement of goods with interoperability constituents as referred to in paragraphs 1 and 2 is the responsibility of the district administrative authority. The institutions of the District Administrative Authority shall, in the exercise of such supervision, be empowered to produce premises, business premises and premises serving for business and operation, in or on which interoperability constituents are manufactured, for the purpose of: In-traffic-Bringens are stored or issued, enter into operating and business hours, inspect the interoperability constituents and check them.

Determination of conformity

§ 114. (1) The conformity of an interoperability constituent with the essential requirements relating to it and, where appropriate, its suitability for use shall be based on the conditions laid down in the TSI, including the European Specifications (§ 20 Z 16 BVergG), if these exist.

(2) Where a TSI is declared inapplicable, or if no European specifications are available before a TSI is released, the TSI shall:

1.

the conformity of an interoperability constituent with the essential requirements relating to it shall be established on the basis of the common standards (§ 20 Z 21 BVergG) and technical specifications (§ 20 Z 30 BVergG) and has

2.

the Federal Minister for Transport, Innovation and Technology, the other Member States of the European Union and the European Commission, a list of these common standards (§ 20 Z 21 BVergG) and technical specifications (§ 20 Z 30) BVergG).

(3) The Federal Minister for Transport, Innovation and Technology has established the Austrian standards to be used to establish the conformity of an interoperability constituent with the essential requirements relating to the interoperability constituent. with which European standards are implemented, and to publish a list of the common standards and technical specifications referred to in paragraph 2 (2), on the Internet.

EC declaration

§ 115. (1) For an interoperability constituent, the manufacturer or his authorised representative established within the Community shall issue an EC declaration which is Annex IV to Directive 2001 /16/EC on the interoperability of conventional products. the trans-European rail system. In so doing, the TSI provisions relating to the interoperability constituent, including the European specifications, where such exist, shall be applied; no relevant TSI is available or is declared inapplicable; and whereas there is no European specification, the common standards and technical specifications shall apply;

(2) The conformity or suitability for use of an interoperability constituent shall be assessed by the notified body which the manufacturer or his authorized representative established within the Community has entrusted.

(3) If an interoperability constituent has also to comply with other requirements which are normalised in other federal laws adopted in the implementation of Community directives, the EC declaration must also satisfy the requirements of those other requirements. Requirements can be seen.

(4) contrary to paragraph 1, the manufacturer or his authorized representative established within the Community has not issued an EC declaration, contrary to paragraph 2, that no notified body has been charged with the assessment of conformity or suitability for use, or the EC declaration does not comply with paragraph 3, the obligations of paragraphs 1 to 3 shall be applied to those who place the interoperability constituent on the market.

(5) The existence of an EC declaration for an interoperability constituent justifies the rebuttable presumption that it complies with the essential requirements relating to it.

Incorrect EC declaration

§ 116. If an interoperability constituent for which an EC declaration is submitted proves to be non-compliant, the Federal Minister for Transport, Innovation and Technology shall declare that the EC declaration in question shall be invalid. The Federal Minister of Transport, Innovation and Technology has to inform the European Commission and the other Member States of the European Union of this measure, giving the reasons.

Section 3

Subsystems

Definition

§ 117. Sub-systems are the subdivision of the trans-European conventional rail system into structural or functional subsystems in accordance with Annex II of Directive 2001 /16/EC on the interoperability of the conventional trans-European rail system. trans-European rail system.

Compliance with the essential requirements

§ 118. (1) The subsystems must comply with the essential requirements. Where a relevant TSI to be applied is available, the interoperability of a subsystem with regard to the fulfilment of the essential requirements shall be established on the basis of the relevant TSI.

(2) Where no relevant TSI is present or if such a TSI is declared inapplicable, it shall:

1.

a building permit, a permit pursuant to section 36 and an operating licence for a structural subsystem, in addition to other authorisation requirements, on condition that it is used on the basis of the common the technical requirements shall comply with the essential requirements and shall:

2.

the Federal Minister for Transport, Innovation and Technology to submit to the other Member States of the European Union and to the European Commission a list of these common technical requirements; it also has this list in the Internet to be published.

Non-applicability of the TSI

§ 119. (1) In the following cases, the Federal Minister for Transport, Innovation and Technology, has to declare with communication certain TSIs, including those for driving equipment, not to be applicable:

1.

in the case of projects for the construction of new or existing main or secondary railways which are at an advanced stage of development at the time of publication of the TSIs in question or which are the subject of a programme in the implementation of the are in the Treaty;

2.

in the case of projects for the renewal or upgrading of existing main or secondary railways, if the TSI for the clearance profile, the track gauge, the distance of the track or the electrical voltage provide for values which are equivalent to the corresponding values of the existing main or branch lines; or side-by-side trains;

3.

for renewal, extension or upgrading of an existing main or secondary railway, where the application of the TSIs concerned would endanger the economic viability of the project or the consistency with other rail tracks would be affected;

4.

in the case of projects for the rapid restoration of a main or secondary railway which has been destroyed or damaged by natural disaster, if the conditions for a partial or full application of the TSI are carried out economically, or not technically feasible;

5.

in the case of driving equipment with origin from non-EU Member States, or in the case of such driving equipment used in such countries, and have a track gauge which is used on main or secondary railways impossible.

(2) In all the cases referred to in paragraph 1, the Federal Minister for Transport, Innovation and Technology has to inform the European Commission of the proposed exemption and to submit to it a document in which the TSIs are or parts thereof which are not to be applied, and the appropriate specifications to be applied. In the cases referred to in section 1 (2), (2), (3) and (5), the decision of the European Commission must be await before the decision is taken.

EC declaration of verification

§ 120. (1) For a subsystem in respect of which a TSI is present and which is to be applied, the adjudicating entity or its authorised representative shall be subject to an EC declaration of verification which is set out in Annex V to Directive 2001 /16/EC on the interoperability of the trans-European conventional the railway system must be completed. They shall have the EC verification carried out at a notified body of their choice. The contract for the notified body responsible for the EC verification shall cover the whole period from the planning to the construction to the final inspection before the subsystem is put into service. The contract shall also include the examination of the interfaces of the subsystem concerned with the system of which it forms part; in so far as such information exists, this examination shall, on the basis of the one in the TSI, with the exception of one any information which has not been declared to be applicable and the information available in the infrastructure and travel resources register.

(2) The notified body must draw up all the technical documentation which must be accompanied by an EC declaration of verification. The technical documentation must contain:

1.

all necessary documents relating to the characteristics of the subsystem;

2.

where appropriate, all certificates relating to the conformity of the interoperability constituents;

3.

Information on operating conditions and restrictions, maintenance, ongoing or periodic monitoring, operation and maintenance.

(3) The existence of an EC declaration of verification justifies the rebuttable presumption that the structural subsystem complies with the essential requirements.

(4) An operating licence for a subsystem for which a TSI is present and which is to be applied shall be granted, in addition to other approval requirements, only on condition that an EC declaration of verification corresponding to that federal law for this sub-system of the Authority.

EC verification

§ 121. Annex VI to Directive 2001 /16/EC on the interoperability of the trans-European conventional rail system is to be applied to the EC verification.

3. Main piece

Register of infrastructure and infrastructure

Contents of the registers

§ 122. Railway infrastructure undertakings and railway undertakings shall draw up a register of infrastructure and a register of driving equipment for their main railways, subways and driving equipment covered by the first and second main items. In these registers, the main characteristics and their conformity with the characteristics prescribed in the TSI to be applied shall be presented for each subsystem or part thereof. In addition, the registers shall contain the information which is required to be presented in the TSI.

Publication of the registers

§ 123. The infrastructure registers and registers shall be published on the Internet by the railway infrastructure undertakings and railway undertakings and shall be updated at annual intervals. The Federal Minister for Transport, Innovation and Technology shall submit two copies of these registers free of charge and the annual update thereof. The Federal Minister of Transport, Innovation and Technology has to submit a copy of these registers and the annual update to the body referred to in § 111. "

67. The title before § 124 (new) is new:

" 9. Part

Final provisions

1. Main item

Penalties, custodian order "

68. § 125 (new) reads:

" § 125. An administrative surrender is to be punished by the district administrative authority with a fine of up to EUR 7 000, who

1.

a public railway without the required concession or a non-public railway without the necessary authorisation to build or operate; or

2.

Rail transport services without the necessary transport authorisation, the required traffic concession or without a permit or authorisation to be granted for the purpose of a traffic permit in accordance with section 14 (6). "

69. § 126 (new) reads:

" § 126. (1) An administrative surrender shall be carried out and shall be punishable by the Federal Minister for Transport, Innovation and Technology with a fine of up to EUR 7 000, who shall be a railway infrastructure undertaking, railway undertaking, other Railway undertakings or allocation body

1.

is in breach of the obligation to provide information, submission, submission or disclosure, as provided for in Article 74a; or

2.

a decision of the Rail Control GmbH pursuant to section 77 (3) does not result.

(2) An administrative surrender shall be carried out and shall be punished by the Federal Minister for Transport, Innovation and Technology with a fine of up to EUR 7 000, who shall be a railway infrastructure undertaking, railway undertaking or other Railway undertakings in accordance with Section 53c (2) or in accordance with Section 53d.

(3) An administrative surrender shall be carried out and shall be punishable by the Federal Minister for Transport, Innovation and Technology with a fine of up to EUR 7 000, who, as an integrated railway undertaking, shall be subject to the provisions relating to the accounting in section 55 (1) (a). 2.

(4) An administrative surrender shall be carried out and shall be punishable by the Federal Minister for Transport, Innovation and Technology with a fine of up to EUR 7 000, who shall be a railway infrastructure undertaking

1.

Contrary to Article 59 (1) of the obligation to draw up a network statement, the following shall be complied with,

2.

Contrary to Article 59 (2), the network statement of use or any changes thereto shall not be provided free of charge on the Internet or the network statement of use or any changes thereto shall not be made within one month of the creation or modification of the same of the Rail Control GmbH,

3.

shall not issue a safety certificate within 14 days, contrary to the last sentence of Article 61 (2),

4.

Contrary to Section 61 (3), the safety certificates issued by Rail-Control GmbH are not submitted within one month from the date of issue,

5.

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

6.

contrary to Section 65c (2), the capacity analysis is not carried out, or

7.

Contrary to Section 65e (1), the Federal Minister for Transport, Innovation and Technology does not present a plan to increase the capacity for knowledge to be taken into account.

(5) An administrative surrender is to be punished by the Federal Minister of Transport, Innovation and Technology with a fine of up to EUR 7 000 who, as a rail transport company,

1.

Contrary to § 59a (2), the general terms and conditions of business or their changes shall not be provided free of charge on the Internet or general terms and conditions of business or their changes shall not be made within one month from of the Rail Control GmbH,

2.

in the case of train paths allocated in accordance with Article 63 (2) or, on an assigned train route, provides a different kind of rail transport performance than that for which the train station has been assigned by the allocation authority, or

3.

shall not comply with the obligation to lay claim in accordance with Section 73a (2).

(6) An administrative surrender shall be carried out and shall be punishable by the Federal Minister for Transport, Innovation and Technology with a fine of up to EUR 7 000, who shall be the allocation body

1.

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

2.

Contrary to § 68a, negotiations on the amount of the use of the funds to be paid do not result under the supervision of the Rail Control GmbH, or

3.

Contrary to Section 73a (1) of the Board of Management, it does not comply.

(7) An administrative surrender is to be punished by the Federal Minister of Transport, Innovation and Technology with a fine of up to 36 000 euros, who

1.

as a railway infrastructure undertaking, railway undertaking or other railway undertaking, in spite of the provisions of a valid contract or a final decision pursuant to section 53c (5), in fact, the connection or the use of the co-use to prevent

2.

in fact, as a railway infrastructure company, in spite of the provision of a valid contract or a final decision pursuant to section 72 (5) and (6), it effectively prevents access to the railway infrastructure or the provision of other services, or

3.

in fact, as a railway undertaking, in spite of the present contract or a final decision, in accordance with section 73 (5), the provision of services is in fact prevented.

70. § § 127 and 128 (new) are:

" § 127. (1) An administrative surrender shall be carried out and shall be punishable by the district administrative authority with a fine of up to EUR 7 000, in the event of a repetition with a fine of up to EUR 10 000, who shall

1.

an interoperability constituent is placed on the market, contrary to Article 94 (1) or section 113 (1),

2.

a regulation pursuant to section 94 (2) or (2) or section 113 (2), or

3.

Contrary to § 94 (5) or § 113 (5), the institutions of the district administrative authority refuse access to the commercial and operating rooms or to the land used for the business and operation.

(2) An administrative surrender shall be carried out and shall be punished by the district administrative authority with a fine of up to EUR 7 000, in the event of a repetition of up to EUR 10 000, who shall be a railway infrastructure undertaking or a railway undertaking

1.

Contrary to § 122, no infrastructure or vehicle registry corresponding to this provision shall be drawn up, published or updated annually; or

2.

Contrary to § 123, the Federal Minister for Transport, Innovation and Technology does not present a register of infrastructure or vehicle registers corresponding to § 122 or its annual update, which is to be updated annually, in two copies.

§ 128. (1) If the concessionaire, operator or manager of a railway undertaking authorized to build and operate public railway undertakings, the public authorities responsible for the construction and operation of public railway undertakings shall: Orders are persistently disregarded, the authority may appoint a liquidator.

2. The liquidator appointed by the Authority shall be entitled to all judicial and extrajudicial transactions and legal acts which are part of the ordinary management of the railway. In particular, it may carry out all the acts necessary to properly operate and maintain the railway in accordance with the provisions of the legislation and the provisions of the concession. It shall be subject to railway supervision on the same level as the railway undertaking.

(3) The costs of the administration shall be borne by the railway undertaking. The appointment of a liquidator does not rule out the imposition of penalties. The administration shall be repealed if a proper administration by the bodies of the railway undertaking is ensured. "

71. § 129 (new) deleted.

72. The title before § 130 (new) is new:

" 2. Main item

Relationship with others and repeal of legislation

Relationship with other legislation "

73. In § 130 (new), paragraphs 1 and 6 are deleted.

74. § 130 (8) (new) reads:

" (8) The following directives of the European Community are implemented by this Federal Act:

1.

Directive 91 /440/EEC on the development of the Community's railways as amended by Directive 2001 /12/EEC;

2.

Directive 95 /18/EC on the licensing of railway undertakings, as amended by Directive 2001 /13/EEC;

3.

Directive 2001 /14/EC on the allocation of railway infrastructure capacity, the levying of charges for the use of railway infrastructure and the safety certificate;

4.

Directive 96 /48/EC on the interoperability of the trans-European high-speed rail system;

5.

Directive 2001 /16/EC on the interoperability of the trans-European conventional rail system. "

75. In § 130 (new), the following paragraph 10 is added to paragraph 9:

" (10) Where reference is made in this Federal Act to the Annexes to Directive 2001 /16/EC on the interoperability of the trans-European conventional rail system, they shall be published in the Official Journal of the European Communities. OJ L 110 of 20.04.2001, pages 14 to 25. "

76. The title before § 131 (new) reads:

"Repeal of legislation"

77. The title before § 132 (new) reads:

" 3. Main item

Transitional Provisions, Enforcement, In-Force, Except-Force-stepping

Transitional provisions relating to BGBl federal laws. No 60/1957, BGBl. I n ° 151/2001 and BGBl. I No 67/2002 "

78. In § 132 (new), paragraphs 3, 4 and 6 are deleted.

79. § 133 with headline reads:

" Transitional provisions on the Federal Law BGBl. I No 38/2004

§ 133. (1) At the time of the proclamation of the Federal Law BGBl. I n ° 38/2004 on the construction and operation of trams and trams which are not linked to other main or secondary railways, continue to authorize the provision of rail transport services to the concessions provided for in this Directive Concessions designated railways.

(2) At the time of the entry into force of § 14 para. 1 to 2 as well as 5 and 5a in the version of the Federal Law BGBl. I n ° 38/2004 on the construction and operation of main and secondary railways, other than secondary railways which are not linked to other main or secondary railways, concessions granted, the scope of which is to be used for the provision of passenger transport services in urban or suburban or regional, urban or suburban transport services, on the railway covered by the concession, the railway undertaking shall only authorize more than one year within a period of one year. Manifestation of the Federal Law BGBl. I n ° 38/2004 on the provision of rail transport services on the railways designated in the concession. If the application for a transport authorisation has not been submitted for a period of three months before the expiry of that period, it shall be extended by one more year. A railway undertaking covered by this provision shall apply until the granting of a transport permit or, if the application does not apply within one year from the date of the presentation of the Federal Law BGBl. I n ° 38/2004 has been decided, at the latest within the next year, as a railway undertaking; its concession is to be regarded as a traffic permit, limited to the scope of the authorization shown in the concession.

(3) At the time of the entry into force of § 14 para. 1 to 2 as well as 5 and 5a in the version of the Federal Law BGBl. I n ° 38/2004 on the construction and operation of main and secondary railways, other than secondary railways which are not linked to other main or secondary railways, concessions granted, the scope of which is to be used for the provision of passenger transport services in urban, suburban or regional, urban or suburban transport, on the railway covered by the concession, the railway undertaking shall only authorize more than one year within a period of one year. Manifestation of the Federal Law BGBl. I n ° 38/2004 on the provision of rail transport services on the railways designated in the concession. If an application for a traffic concession is submitted over a period of three months before the expiry of this period, it shall not be decided before the expiry of that period, and an investigation as to whether the conditions of § 17m are fulfilled shall not be carried out. this period shall be one more year. A railway undertaking covered by this provision shall apply until the granting of a traffic concession, or, if the application does not apply within one year from the presentation of the Federal Law BGBl. I n ° 38/2004 has been decided, at the latest within a further year, as a railway undertaking; its concession shall be subject to a traffic concession to the extent that it is restricted to the scope of the authorization shown in the concession.

(4) At the time of the entry into force of § 14 para. 1 to 2 as well as 5 and 5a in the version of the Federal Law BGBl. I n ° 38/2004 granted concessions in accordance with section 17 (2a), which only applies to the provision of passenger transport services in urban or suburban transport, or only for the provision of freight transport services in regional, urban or suburban transport Rail infrastructure of a railway infrastructure company shall entitle the concession holders only within a period of one year from the presentation of the Federal Law BGBl. I n ° 38/2004 on the provision of rail transport services as shown in the concession. If an application for a traffic concession is submitted over a period of three months before the expiry of this period, it shall not be decided before the expiry of that period, and an investigation as to whether the conditions of § 17m are fulfilled shall not be carried out. this period shall be one more year. A railway undertaking covered by this provision shall apply until the granting of a traffic concession, or, if the application does not apply within one year from the presentation of the Federal Law BGBl. I n ° 38/2004 has been decided, at the latest within a further year, as a railway undertaking; its concession is, in this respect, a traffic concession, limited to the designated in the concession pursuant to section 17 (2a) of this Regulation. Scope of authorization to be equal.

(5) At the time of the entry into force of § 14 para. 1 to 2 as well as 5 and 5a in the version of the Federal Law BGBl. I n ° 38/2004 granted concessions in accordance with Article 17 (2a), which entitle the provision of railway services to railway infrastructure of a railway infrastructure company which is responsible for the provision of passenger transport services in urban or suburban transport or by way of goods transport services in regional, urban or suburban transport, but which do not entitle to the provision of rail transport services on all the main Austrian railways, the concessionaire shall only entitle the concession holder to a period of one year from the date of the presentation of the Federal Law BGBl. I n ° 38/2004 on the provision of rail transport services as shown in the concession. If, for a period of three months before the expiry of this period, an application for a transport permit or a traffic concession is not submitted before the expiry of that period, where, in the event of a request for a traffic concession, the application shall be made An investigation into whether the requirements of § 17m are not to be carried out shall extend this period by one more year. A railway undertaking covered by this provision shall apply until the granting of a transport permit or a traffic concession, or, if the application does not apply within one year from the presentation of the Federal Law BGBl. I n ° 38/2004 has been decided, at the latest within a further year, as a railway undertaking; its concession is subject to a traffic permit, limited to the designated part of the concession pursuant to section 17 (2a) of the Scope of authorization to be equal.

(6) At the time of the entry into force of § 14 para. 1 to 2 as well as 5 and 5a in the version of the Federal Law BGBl. No 38/2004, which granted concessions under Section 17 (2a) authorizing the provision of rail transport services on all the main Austrian railways, is not subject to investigation, whether the The conditions laid down in Article 17b shall be fulfilled, ex office, in the light of any restrictions on the provision of a certain type of rail transport services within a period of three months from the date on which such provision is made in respect of any such restrictions. The date on which a transport authorisation is granted shall be new to the date of the date of the decision to be taken . Until this new release, the concession holders shall be deemed to be a railway undertaking and the concession shall be deemed to be a traffic permit. The obligation pursuant to Section 17h (1) shall be complied with for the first time in a period of five years from the opening of the holding following the presentation of the previous concession and before the end of this five-year period.

(7) At the time of the entry into force of § 14 para. 1 to 2 as well as 5 and 5a in the version of the Federal Law BGBl. I n ° 38/2004, which has been granted on European Union pensions, without carrying out an investigation into whether the conditions laid down in Article 17b are met, shall be ex officied, taking into account any possible situation in the case of such a case. Restrictions on the provision of a particular kind of rail transport services and in the event of the removal of the railway services in accordance with § 17a (2), first sentence, as amended by the Federal Law BGBl. I No 15/1998 shall be remitted within a period of three months from the date on which a marketing authorisation is granted. Until this new release, the concession holders shall be deemed to be a railway undertaking and the Europakoncession shall be subject to a traffic permit. The obligation pursuant to Section 17h (1) shall be complied with for the first time in a period of five years from the opening of the operating period following the award of the Europakoncession and before the end of this five-year period.

(8) Prior to the date of the entry into force of § 14 para. 1 to 2 as well as 5 and 5a in the version of the Federal Law BGBl. I n ° 38/2004 by the Federal Minister for Transport, Innovation and Technology in accordance with Section 17 (2a) in the version of the Federal Law BGBl. I n ° 15/1998 applications for the award of the concession as railway undertakings can be submitted by the applicants within a month from the entry into force of § 14 (1) to (2) and (5) and (5a) in the version of the Federal Law BGBl. I n ° 38/2004, presenting all the documents to be submitted in accordance with § 17a in applications for the granting of a transport permit or on presentation of all documents to be submitted in accordance with § 17l in applications for a transport concession .

(9) Prior to the date of the entry into force of § 14 para. 1 to 2 as well as 5 and 5a in the version of the Federal Law BGBl. 38/2004 by the Federal Minister for Transport, Innovation and Technology, applications for the award of the European Conference may be submitted by applicants within a month from the entry into force of Section 14 (1) to (2) and (5) and (5a) in the text of the Federal Law BGBl. I n ° 38/2004, on presentation of all documents to be submitted in accordance with § 17a, are converted into applications for the granting of a transport permit.

(10) § 57 (2) to (4) and (§ 58) shall apply only to railway undertakings with the registered office in the Swiss Confederation in so far as reciprocity is guaranteed.

(11) Until the end of 15 March 2008, Section 57 (4) (4) shall apply, subject to the proviso that railway undertakings having their registered office in another Member State of the European Union or in another Contracting Party to the Agreement on the European Union shall apply: Economic space for other international rail services in the carriage of goods only on the trans-European rail network within the meaning of Article 10a and Annex I to Directive 91 /440/EC on the development of railway undertakings in of the Community as amended by Directive 2001 /12/EC. "

80. Before § 134 (new), the description of the classification " SECTION IX. " .

81. The following paragraph 5 is added to Section 135 (4) (new):

" (5) The 5. Part (§ § 53a to 53f together with the headings), the 6. Part (§ § 54 to 75 including headlines), § 77 (1), § 81 (2) and the second as well as the third main piece of the 8. Part (§ § 103 to 123 including transcripts), § 125, § 126, § 127 and § 130 (10) in the version of the Federal Law BGBl. I n ° 38/2004 occur one month after the proclamation of the Federal Law BGBl. I n ° 38/2004, the following month's sergeon. With the entry into force of § 14 para. 1 to 2 as well as 5 and 5a in the version of the Federal Law BGBl. I n ° 38/2004 shall enter into force in the European Customs Regulation, BGBl. II No 330/1998, except for force. '

82. In § § 11 and 34, the word order shall be "Federal Ministry of Transport and Electricity" through the phrase "Federal Minister for Transport, Innovation and Technology" , in § § 19 (4), 46 and 50 (2) the phrase "The Federal Ministry of Transport and Electricity" through the phrase "The Federal Minister for Transport, Innovation and Technology" and in § § 40 (1) and (134) (new) the phrase "The Federal Ministry of Transport and Electricity" through the phrase "the Federal Minister for Transport, Innovation and Technology" replaced.

84. In § § 12 (4), 13 (4), 14 (4), 36 (3) and 49 (1) and (3), the word order shall be "Federal Minister for Public Economy and Transport" through the phrase "Federal Minister for Transport, Innovation and Technology" replaced.

§ § 4 (1) Z 2, 13 (3), 76 (2) to (4), 77 (4), 79 (2) to (4) and (85), the phrase "Federal Minister for Science and Transport" through the phrase "Federal Minister for Transport, Innovation and Technology" and in § § 79 (1) and 82 (1) the phrase "Federal Minister for Science and Transport" through the phrase "Federal Minister for Transport, Innovation and Technology" replaced.

86. Points set at the end of transcripts are deleted.

87. The s-Schfriction will be adapted to the new spelling.

Klestil

Bowl