Amendment To The Railway Act Of 1957

Original Language Title: Änderung des Eisenbahngesetzes 1957

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38. Federal Act 1957 modifies the railways act

The National Council has decided:

The Railway Act 1957, BGBl. No. 60, last amended by Federal Law Gazette I no. 103/2003, is amended as follows:

1. the heading before section 1 is new:



"Part 1

Definitions

Railways"

2. paragraph 1a and heading:



"Railway infrastructure companies



section 1a. A railway company is a railway company that serves the construction and operation of main and branch lines, except such branch lines that are not networked with other main or branch lines, and is also authorised to. Main and branch lines are linked, if only local link, a transition from driving resources without changing lanes and without any technical AIDS (for example, rolling stool) can take place. Main and branch lines are also networked, if they are cross-border linked to similar other railways in neighbouring countries.

3. § 1a following paragraph shall be inserted after 1B, 1 c, 1 d, 1e, 1f, 1 g with headings §:



"Railway company



§ 1 b. A railway company is a railway company that provides rail services on the rail infrastructure railway infrastructure companies, as well as ensures the traction, this also includes those that provide only the traction, and the approval of a marketing authorisation, a transport licence or one of a marketing authorisation pursuant to § 14 para 6 equal thereof or permit has been granted.

Integrated railway undertakings



§ 1c. Integrated railway undertakings are railway undertakings which are railway infrastructure companies as well as railway undertakings. One such railway companies refer in this federal law



1 set for railway infrastructure company rights and obligations on the function of the railway company as a railway infrastructure company, and the 2nd for railway undertakings set rights and obligations on the function of the railway company as a railway company.

International grouping



section 1 d. An international grouping is the combination of at least two railway undertakings, working not only on the urban, suburban or regional transport is limited and whose registered office is situated, for the purpose of providing cross-border rail transport services between these countries in different States. These countries can be Member States of the European Union, parties of the agreement on the European economic area or the Swiss Confederation.

Urban and suburban transport



section 1e. Urban and suburban transport are those railway services, which cover the transport needs of an urban area or a metropolitan area, as well as the transport needs between an urban area or metropolitan area and the surrounding area.

Regional traffic



section 1f. regional services are those railway services, which cover the transport needs of a region.

International freight transport



section 1 g. International freight transport are those rail transport services where the train crosses at least one border of a Member State of the European Union, a party to the agreement on the European economic area or the Swiss Confederation; the train may be extended and/or split, and the various sections of the train can have different departures and destinations, provided that all wagons cross at least one border."

4. paragraph 2 together with the heading:



"Public railways



§ 2. public railways are those, which are the General people to serve baggage or freight designed and where a commitment to the provision of rail transport services in accordance with the law applicable for that purpose and the conditions of carriage (public transport)."

5. § 3 receives the section heading "private railways".

6 § 4 receives the section heading "Main lines, branch lines".

7 § 5 receives the section heading "Trams".

8 § 7 receives the section heading "Sidings".

9 section 8 receives the section heading "Webs"; the previous provision of § 8 receives the outline description (1); the previous provision of § 9 is added to § 8 para 2; the outline title "section 9" is omitted.

10 § 10 receives the section heading "Railroad".

11 § 10a receives the section heading "Railway infrastructure".

12. the heading before section 11 is new:



"Part 2

Responsibilities and tasks of the authorities

Decision on preliminary questions"

13 in article 12 para 2, the previous determination of the Z 4 is outline named "3.".

14 § 12 para 3 Z 3 is:



"3. the permits according to section 21 para 1 and 3 as well as in §§ 13 para 2, 19 para 1 and 3, 21 para of 2, 22 para 3 and 6, 27, 28 and 45 para 2 regulated matters for railway undertakings."

15. in the article 12, paragraph 3, the Nos. 4 and 5 are eliminated.

16. in article 12 par. 4, the semicolon is replaced by a point Z 3; § 12 section 4 is no. 4.

17. the heading before section 14 is new:



"Part 3

For public railways and the provision of rail transport services on provisions applicable public railways

"Permits

18 § 14 para 1 and 2 will be by following paragraph 1, 1a, 1B and 2 replaced:



"(1) to build and operate as well as to the provision of rail transport services on street railways and branch lines, that are not networked with other main or branch lines, is, as far as in para 2 nothing more is intended, the concession required."

(1a) for the construction and operation of main lines and branch lines, that are networked with other main or branch lines, is, as far as in para 2 nothing more is intended, a concession required. In addition, the licences referred to in paragraph 5 or 5a are required for the provision of rail transport services on these railways.

(1B) in subsection  2 and 3 unless otherwise determined, is required the railway construction permit and operating approval to build and operate of a public railway in addition to the required licence.

(2) to build and operate of bundeseigener main and such federal branch lines that are networked with other main or branch lines, there are no concession. To build and operate as well as to the provision of rail transport services on such federal branch lines that are not networked with other main or branch lines, there are also no concession."

19 paragraph 14 paragraph 5:



"(5) for the provision of rail transport services in Member States of the European Union, in the parties of the agreement on the European economic area and in the Swiss Confederation by a railway company based in Austria, a marketing authorisation is required.

20. According to article 14, paragraph 5, the following paragraph 5a is inserted:



"(5a) for the below rail services in Austria on railway infrastructure of a railway infrastructure company by railway undertakings established in Austria is sufficient, if not yet permission to provide this type of rail transport services on the basis of a marketing authorisation is given, a transport concession:"



1. passenger transport services in urban or suburban services;

2. road freight in regional, urban or suburban. "

21 paragraph 14 para 6:



"(6) railway companies be the same latter based in other Member States of the European Union, in other Contracting Parties of the agreement on the European economic area or permits granted in the Swiss Confederation, permits or other necessary for the exercise of access rights acts that content meet the required under this Federal Act. In addition foreign licences, permits or other legal acts required for the exercise of access rights can exist if not for that purpose measures regulations, at the request of the railway undertaking by a decision of the authority be accepted if the applicant proves a underlying equivalent safety standard."

22 § 17 para 2 second sentence reads:



"A main line or a branch line, which is networked with other main or branch lines, subject-matter of the application is also the arrangements for access to the rail infrastructure are in the application to represent."

23 paragraph 2a is eliminated § 17.

24 § 17 para 6, last sentence is eliminated.

25. the § 17 paragraph 6 be attached following paragraph 7 and 8:



"(7) the authority can explain the concession for extinguished if the concession holder despite repeated admonition behaves, that the conditions for a proper operational management no longer exist and significantly degrades the security.

(8) the concession will be void:



1. with the passage of time;

2. failure to comply with the operation opening period laid down in the concession (para. 4), by declaration of the authority with total and permanent setting (§ 29 par. 2) or concession withdrawal (para. 7);

3.

with the death or extinction of the concession holder's legal personality other."

26. pursuant to article 17, the following subheading is inserted:



"Marketing authorisation"

27 § 17a and heading is as follows:



"Documents



§ 17a. The granting of a marketing authorisation is the Federal Minister for transport, to apply innovation and technology. With the application, shall be provided:



1. information about the nature of the targeted rail traffic (freight/passenger);

2. If the applicant in the register of companies is registered, an extract from the trade register, not older than three months is;

3. a certificate of criminal records of the applicant; If it is a legal person or a partnership of commercial law, a criminal record certificate for its authorized by law, statute or memorandum to the representation or management;

4. a declaration of the applicant, or if it is a declaration of his authorized by law, statute or memorandum to the representation or management, that against them still no final; happened to Z 3 listed violations sentence because in the section 17 c a legal entity or a partnership of commercial law,

5. a statement of the applicant, that no significant arrears of taxes or social security contributions are due from the company's activity;

6. an official confirmation still no bankruptcy proceedings opened against the assets of the applicant not only due to lack of coverage of the costs of the proceedings;

7. for the applicant or if it is a legal person or a partnership of commercial law, for its law, statute or memorandum to the representation or management justified, that have their domicile or residence in another Member State of the European Union, in another party of the agreement on the European economic area or the Swiss Confederation shall be documentation referred to in Nos. 3 and 6 of the competent authorities of the State;

8. the annual accounts of the preceding financial year; can for applicants who submit no accounts, the balance sheet, the opening balance sheet or a balance sheet; enclose is also the current assessment; be presented separately are: a) the financial resources available, including bank deposits and approved overdraft facilities and loans;

(b) the resources available as collateral and assets;

(c) the working capital;

(d) relevant costs, including purchase costs or payments on account for vehicles, land, buildings, installations and rolling stock, as well as the financing plan for that;

(e) the impact of assets;

9. an opinion or report of an auditor or a credit institution, which means that the applicant will meet its current and future predictable finanziellenVerpflichtungen under more realistic assumption in the next twelve months, referring to the information listed under Z 8;

10 information on the nature and maintenance of resources, in particular the safety regulations;

11 information on the professional qualifications of staff responsible for the safety of railway operations and railway traffic (responsible manager, Deputy) and the staff that carries out activities to ensure of the safety of railway operations and railway traffic (especially drivers), and details of the training of such personnel;

12. information about the coverage of the liability by insurance or equivalent arrangements for the exercise of rights of access."

28. According to § 17a, following §§ 17 b are inserted until 17q including headings:



"Conditions



Article 17 has b. (1) the Federal Minister for transport, innovation and technology to give the marketing authorisation, if the following requirements are met:



1. no reservations about the reliability (§ 17c) of the applicant;

2. financial performance (section 17 d) of the applicant;

3. professional competence (section 17e) of the applicant;

4. a sufficient coverage of the liability by insurance or equivalent arrangements for the exercise of access rights.

(2) these conditions must exist for the duration of the marketing authorisation.

Reliability



§ 17c. Against the reliability of the applicant certainly concern if



1. He himself, or if he is a legal person or a partnership of commercial law, its law, statute or memorandum to the representation or management were convicted and authorised by a court legally for one or more offences committed with intent to imprisonment exceeding one year as long as the conviction is expunged, nor is subject to the restriction of information extracted from criminal records (sections 1 to 7 of the principal Act 1972 , BGBl. No. 68, in the currently valid version), 2 of his assets or if he is a legal person or a partnership of commercial law also on the assets his bankruptcy proceedings opened authorized by law, statute or memorandum to the representation or management or there have been such a bankruptcy only because of lack of cover the costs of the procedure is no, or 3rd against him or if he is a legal person or a partnership of commercial law even against his law , Statute or memorandum to the representation or management authorized a final sentence because a) serious violations of traffic regulations, in particular against the railways act of 1957, the dangerous goods transport law and animal transport Act rail or b) due to serious or repeated offences against customs law, labour and social law obligations in particular against the obligations incumbent on an employer according to the General Social Security Act or c) for serious or repeated violations of obligations under the employment protection law that is been issued in particular against the employee.

Financial capacity



§ 17 d. The condition of the financial capacity of the applicant is fulfilled, when he is expected to meet its current and future foreseeable financial commitments under realistic assumptions in the next twelve months is can and are no significant arrears of taxes or social security contributions owed to company activities.

Professional competence



section 17e. The requirement of professional competence of the applicant is satisfied if



1. it has an operating organization has or will have and has the necessary knowledge or experience for a safe and reliable operational control and supervision of business activity to provide the requested rail transport performance, 2. (§ 17a Z 11) personnel for the respective type of activity is fully qualified and 3 personnel, resources, and organization can ensure a high level of safety.

Decision



section 17f. The Federal Minister for transport, innovation and technology is required on an application for the marketing authorisation without undue delay, but not later than three months after all the necessary information to decide.

Operating opening period



section 17 g. In the marketing authorisation, an operation opening period of generally six months is set.

Checks



§ 17 h. (1) to check whether there are the necessary conditions for the granting of a marketing authorisation, the railway company has over a period of five years recurring, for the first time in a period of five years from the opening of operation and before the expiry of the five-year period to demonstrate these requirements the Federal Minister for transport, innovation and technology.

(2) the Federal Minister for transport, innovation and technology has encountered serious doubt as to the existence of the conditions necessary for the granting of a marketing authorisation to carry out an official check.

Withdrawal, restriction



section 17i. (1) no longer exists only a requirement required for the granting of a marketing authorisation, has the Federal Minister of transport to withdraw the marketing authorisation of innovation and technology. In case of doubt as to the existence of the condition of the financial performance of the Federal Minister for transport, innovation and technology, unless the operation of the railway and rail transport is not compromised, can subsequently have through time limit for a period not exceeding six months restricting the marketing authorisation, if you expect that the doubts about the financial viability can be overcome at that time.

(2) a marketing authorisation granted by the Federal Minister of transport is to restrict innovation and technology on the provision of certain types of rail transport services, if this the holder of the marketing authorisation is requested.

Duties of notification




section 17j. (1) the Federal Minister for transport, innovation and technology has recommended the granting, immediately notify the withdrawal or limitation of the marketing authorisation of the European Commission.

(2) If on the occasion of the provision of railway services in the domestic, serious doubts about it are known, that when a railway undertaking established in another Member State of the European Union, in another party of the agreement on the European economic area or the Swiss Confederation specific conditions for the issuing of a permit within the meaning of Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings (OJ No. L 143 of the 27.06.1995 S 70) as amended by Directive 2001/13/EC (OJ No. L 75, the 15.03.2001 S 26) no longer exist, must notify this the Federal Minister of transport, innovation and technology of the authority of the other State.

(3) the insurer with the, a rail transport company based in Austria has taken out insurance on a sufficient coverage of the liability, is obliged,



1. the Federal Minister for transport, unsolicited and promptly to report any circumstance innovation and technology, which means a termination or limitation of the insurance coverage or a deviation from the original insurance certificate or may mean, and 2. at the request of the Federal Ministry of transport, to provide information, innovation and technology of such circumstances.

Cancellation of the transport approval



§ 17 k. The marketing authorisation expires:



1. failure to comply with the prescribed operating opening deadline.

2. with the withdrawal of the marketing authorisation;

3. with the death or any other termination of the legal personality of the holder of the marketing authorisation.

Transport concession

Documents relating to the application



section 17 l. The issuing of transport concessions is the Federal Minister of transport to apply for innovation and technology. In the application is the local area in which rail transport services should be provided to represent; to add the particulars listed in Article 17a and documents.

Prerequisites



section 17 m. (1) the Federal Minister for transport, innovation and technology has the transport licence under the following conditions to grant:



1. There are no concerns about the reliability of (§ 17 c) of the applicant;

2. the financial performance (section 17 d) of the applicant is satisfied;

(3. professional competence (§ 17e) the applicant is a) meets or b) credible;

4. a sufficient coverage of the liability by insurance or equivalent arrangements for the exercise of access rights has been proven.

(2) the professional competence of the applicant is only believable, this is in the transport concession expressly determine. In this case, the holder of the concession of the road has the Federal Minister of transport, innovation and technology at the latest up to the opening of the operation to prove that the condition of professional competence is met. This is true, the transport concession holder may request that the Federal Minister of transport, innovation and technology administrative decision concludes that the condition of professional competence is met.

(3) the conditions referred to in paragraph 1 No. 1, 2, 3 lit. a and 4 must be from operating opening throughout the duration of the transport concession.

Operating opening period



§ 17n. In the transport licence a reasonable operating opening period is set.

Checks



section 17o. 17 h section also applies to transport concessions.

Withdrawal, restriction



§ 17 p. section 17i, paragraph 1 also applies to transport concessions. Transport concession granted by the Federal Minister of transport is to restrict innovation and technology on the provision of certain types of rail transport services or to a specific local area if this the holder of a transport licence applied for. Furthermore, section 17j subsection 3 shall apply.

Termination of transport concession



section 17q. § 17 k applies also to transport concessions."

29 the following sentence is added to the § 19 section 4:



"The Federal Minister for transport, innovation and technology has set the basic requirements for the safety and the order and the requirements of the operation of railway and railway transport by regulation, which are construction, conservation and in particular as a signal and traffic regulations during the operation to ensure of a high level of security, taking into account the level of technical development, to note a link of the railways as well as the protection of States; "such a determined by regulation is not required, in that regard, as these requirements of Community law or regulations."

30. the section 22 Gets the paragraph heading "Tariff, schedule".

31 § 22 para 1 and 2 are:



"(1) a railway company that is entitled to the provision of rail transport services passenger transport has to offer a convenient and economically reasonable public transport on the basis of tariffs and timetables. Railway undertakings have to create the timetables on the basis of network timetable created by the allocation body. The rest are on railway undertakings, provide rail transport services on main or branch lines, to apply the provisions of the railway transport.

(2) railway undertakings, which are entitled to the provision of rail transport services, the tariffs and railway undertaking shall be entitled to the provision of rail transport services passenger transport, have also the timetables, taking into account the continuous connections in accordance with section 23, in good time before their in force and at the expense of the respective railway company to publish."

32. in section 22 does not apply paragraph 4 and the following paragraph 2a is inserted:

(2a) which has to provide the rail infrastructure railway companies in order to access and to provide railway infrastructure company.

33. in § 22 para 6 is the phrase "Defence Act 1990, Federal Law Gazette No. 305" by the phrase "military service Act 2001, Federal Law Gazette I no. 146" replaced.

34. paragraph 23 together with the heading:



"Direct clearance, continuous tariff



section 23. For the carriage of persons, baggage and goods on main or branch lines have the railway undertakings concerned to set up a direct handling and a continuous collective agreement way."

35. the section 25 receives the section heading "Public service".

36. the section 26 the paragraph heading is replaced by "Subject to authorisation acts".

37. in § 26 para 5, the phrase "§ 103 para 2" by the phrase "section 124 para 2" will be replaced.

38. section 27 is the section heading "Accountability of the railway company".

39. paragraph 28 together with the heading:



"Facilitation



section 28. The authority has for the construction and operation as well as for the provision of railway services on branch lines and trams to grant relief from is from the articles 19 to 27 and 45 stemming, if thereby the operation is not compromised and do not preclude private rights or public interests."

40. Article 30 and title is omitted.

41. in article 31 does not apply the outline description (5) and the phrase "the Federal Ministry for transport and electricity generation and transmission" shall be replaced by the phrase "the Federal Minister for transport, innovation and technology"; the paragraph heading "Redemption right of the Federal Government" is replaced by article 31.

42. in § 37 para 2 the phrase replaced "has the railway undertaking" by the word "is".

43. paragraph 48:





48. (1) the authority shall at the request of a railway company that is authorized for the construction and operation of main or branch lines or a carrier of road load at an existing intersection between a main line or branch line on the one hand, and a public road to arrange the structural transformation of the roads on the other hand, if this for better handling of intersecting traffic required and the transport modes (railway undertakings and carrier of road load) is economically reasonable. She can make such an arrangement also by virtue under the same conditions. A period of at least two years is to set for the implementation of the arrangement.

(2) If no agreement on the control of expenses borne between the railway company and the carrier of the burden of road construction is achieved, the cost of the structural transformation of the existing junction are to wear their future preservation and operation keeping in half by the railway company and the carrier of the burden of road construction.


(3) case the railway undertaking or the carrier of road load request it, has to decide which costs as a result of the technical adjustment of the structural transformation in an open area of the intersection and to include accordingly in the Earth of Division of and to what extent the railway undertaking and the carrier of the burden of road construction to wear caused by the structural transformation and the costs therefrom through the future preservation and keeping in operating the redesigned systems have the authority without taking into account the costs pay scheme set out in paragraph 2. This determination is in accordance with the change occurred since the issuing of the construction permit for the crossing of the rail or road transport, to improve the handling of railway or road traffic, thereby achieved any savings and the additional costs incurred in the interest of a mode of transport obtained through structural transformation. A such submission is allowed only within a period of three years from the legal force of an order referred to in paragraph 1. Until a final decision about the cost to borne by the railway undertaking and the institution the burden of road construction is the cost transfer scheme set out in paragraph 2.

(4) the authority has to use in determining costs of the expert opinion of an expert Commission. Conducting business in the Expert Commission is society provided for in the rail infrastructure financing law. The Expert Commission consists of a Chairman and four other members. For each Member, order a replacement member. The members and the substitute members are by the Federal Minister of transport, innovation and technology to order. The Chairman (alternate member) must be legally qualified. By the other members, one must be a legally and one a a technical expert of the State Railways, as well as a legally and one be a technical expert of the road system. At crossings with roads that are not federal roads, the two experts of the road and pavement engineering with the road being of the eligible country should be particularly familiar."

44. paragraph 50 para 3:



"(3) the provisions of paragraphs 1 and 2 do not apply to railway companies."

45. the heading before section 51 is new:



"Part 4

Provisions applicable to non-public railways"

46. at the point of the section IVa first part (outline headings, sections 54 to 75 along with headings) occurs:



"Part 5

Linking of railways

Access and shared use



§ 53a. (1) a railway company has the link of its railway with another without discrimination to allow for the connection or the shared use of its rail infrastructure as well as its necessary for the operation of facilities by other railway undertaking against reasonable costs, and industry-standard fee.

(2) a railway infrastructure company also has businesses, create resources, to give the shared use of the rail infrastructure for an officially approved testing of driving resources against cost reimbursement; These companies have this connection accordingly to comply with the obligations on the basis of article 19.

(3) the granting of the connection or shared use is in the form of a written contract to be carried out, which has to include all related with the connection or shared use conditions with regard to the administrative, technical and financial arrangements.

Treatment of connection and shared use of desire



section 53 b. Each railway company has to consider a written request from connection and shared use of legitimate connection or shared use and to pursue negotiations. The decision about the request has to be made in the form provided for in § 53a para 3 or by written reasoned rejection of desire.

Complaint to the rail Control Commission



§ 53c. (1) is refused by connection and shared use authorized to conclude of a written agreement on the connection or the shared use of the desire or agreement between the railway company and the connection and shared use legitimate at the latest within three months from receipt of the desire of the railway company is not concluded, the connection or shared use legitimate complaint to the rail control may charge Commission. The appeal has to be made in writing and contain an application for connection or shared use including the name of the essential content of the envisaged treaty.

(2) the railway undertaking, the desire was made, has the rail-Control Commission to submit the documentation required for the decision on the complaint within one week after the request through the Rails-Control Commission.

(3) who may Commission Schienen-control use the information contained in the documents referred to in paragraph 2 for the decision on the appeal.

(4) the rail Control Commission upon receipt of the complaint by decision to decide after hearing of the railway undertaking and the connection or entitled to shared use.

(5) the complaint, with the connection or shared use is sought, is to be held at the legal conditions for the coveted port or the coveted shared use; in this case, the connection that is coveted by the railway undertaking or the coveted shared use or the coveted by companies producing the resources shared use by the has to be know do the appeal, which replaces a written contract about the connection or the shared use; the decision has all the conditions with regard to the administrative, to include technical and financial arrangements.

(6) an in accordance with paragraph  5 adopted decision does not preclude a time later of a written contract about the connection or the shared use between the other connection or entitled to shared use and the railway undertaking.

Template contracts



§ 53d. The railway undertaking is obliged to submit contracts via the connection or the shared use within one month of conclusion of the contract the entirety of Schienen-control GmbH.

Coercive measures



§ 53e. (1) prevents a railway undertaking despite the existence of a valid contract or despite a final decision according to § 53 c para 5 regardless of the institution of criminal proceedings in fact has the connection or the shared use, the railway undertaking with procedural order for the production of the State corresponding to the legal order within a reasonable period as three days not exceeding to urge the Schienen-control GmbH.

(2) the railway undertaking fails to this invitation within the time limit, so the Schienen-control GmbH with notice may have measures necessary to enable the port or shared use.

Competition authority



section 53f (1) which has Schienen-Control Commission of its own motion.



1. a railway undertaking in respect of the connection or shared use including all related conditions with regard to the administrative, imposing technical and financial arrangements as such reasonable costs, and industry-standard fee on a non-discriminatory behavior or prohibit the discriminatory behavior or explain wholly or partially ineffective policies discriminatory 2.

(2) the responsibilities of the cartel Court remain unaffected.

6 part

Regulation of the rail transport market

1. main piece

General information

Purpose



§ 54. purpose of the provisions of the 6th part of this Federal Act is to the economic and efficient use of railways in Austria



1. by making a fair and workable competition between railway undertakings in the area of the rail transport market on main and such branch lines, which networked with other main or branch lines are to ensure 2. through the promotion of the entry of new railway companies in the rail market, 3. by ensuring the access to rail infrastructure for beneficiaries and 4. through the creation of a competition authority for the protection of access authorized prior to abuse of a dominant position.

Separation measures



55. (1) railway undertakings have in relation to the management, administration and internal administrative, to have an independent local authority position economic and accounting control, which they have in particular a fortune, a budget and a financial management that are separated from the assets, the budget and the accounts of local authorities.

(2) integrated railway undertakings have the function of railway infrastructure company in accounting as disclosed the rail infrastructure manager separately from other corporate divisions, with separate profit and loss accounts and balance sheets to create and publish; a transfer of resources from the area of rail infrastructure to other business areas is not permitted.


(3) railway undertaking whose business not only on urban, suburban or regional transport is limited, have in accounting for the provision of rail transport services in the freight transport on the rail of cases profit and loss accounts and balance sheets to create and publish.

2. main piece

Access to the railway infrastructure of the main and branch lines

1 section

General information

Access to the rail infrastructure



Article 56. The allocation body has access to the railway infrastructure of the main and the branch lines that are networked with other main or branch lines, through allocation of train paths without discrimination to give, but also a safety certificate (§ 61) to present beneficiaries have access authorised (§ 57).

Beneficiaries



57. beneficiaries are:



1. railway undertakings established in Austria;

2. international groupings a) when one of the railway companies affiliated to them is headquartered in Austria for cross-border rail transport services from or to Austria or b) for cross-border transport services in transit between the following States have their headquarters in which the railway companies affiliated to the grouping: 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, working not only on the urban, suburban or regional transport is limited, domiciled in a Member State of the European Union, in a Contracting Party to the agreement on the European economic area or the Swiss Confederation, for rail transport services in the international combined transport of goods;

4. railway undertakings, working not only on the urban, suburban or regional transport is limited, with headquarters in another Member State of the European Union, in another party of the agreement on the European economic area or the Swiss Confederation for other cross-border rail transport services in freight transport;

5. railway undertakings established in other States, where measures regulations exist for access;

6 railway undertakings established in other States, if access to the public transport interest is located and when reciprocity is guaranteed, where implementing provisions in international agreements are.

Requirements for beneficiaries



§ 57a. (1) rail infrastructure company can set on legitimate expectations of their future income and the use of railway infrastructure taking into account requirements for beneficiaries must be reasonable, transparent and non-discriminatory, which publish and to communicate to the European Commission are in the network statement.

(2) the requirements referred to in paragraph 1 shall provide a financial guarantee in an appropriate level in relation to the planned level of activity the person with right of access as well as proof of the ability to submit of corresponding desire on allocation of train paths.

Other services



58. (1) has the railway infrastructure companies, excluding any discrimination of rail infrastructure through such access, to following services as minimum access package available entitled to access in order to access:



1. the use of points and junctions;

2. the train control including signalling, regulation, clearance and the delivery and provision of information on train movement;

3. the services of communication and information systems, without which the exercise of rights of access by beneficiaries for legal, factual and economic reasons is possible.

(2) if viable alternatives under market conditions do not exist, have the railway infrastructure companies and railway companies, the latter in accordance with available capacity and reasonableness, to make their services available to the access authorised for the purpose of access to rail infrastructure through this access, excluding any discrimination:



1. the shared use of their training facilities for staff, which is responsible for the safety of the operation of railway and railway transport and its training for the exercise of the right of access is required;

2. shared use of passenger railway stations including associated buildings and facilities, freight terminals, ports, reverse thrust stations, train providers, sidings, maintenance facilities and other technical facilities;

3. the use of supply facilities for traction power and of equipment for the refueling.

(3) a railway infrastructure company offers the following additional services, so it has these additional services all access authorised, that this desire, in order to access to the rail infrastructure, excluding any discrimination to provide:



1. the pre-heating of passenger trains;

2. the provision of traction power and fuels;

3. the implementation of reverse thrust operation as well as all other services provided at passenger stations, freight terminals, reverse thrust stations, train educational institution, parking facilities and maintenance facilities;

4. the degree of customer-specific contracts for the monitoring of dangerous goods transports, and on assistance in running abnormal trains.

(4) the following perks can be entitled to access in order to access to the rail infrastructure the railway infrastructure company, do so but is not obliged:



1. a para 1 No. 3 and beyond access to the telecommunications network;

2. provision of additional information;

3. the technical inspection of rolling stock.

(5) a railway infrastructure company has the required activities and a railway company to offer to access authorized for access to the rail infrastructure that are transparent, reasonable, economically realistic and sufficiently unbundled needed services, so that beneficiaries for services do not need to pay, that do not require it for the exercise of the right of access access authorized for access to the rail infrastructure.

Network statement



section 59.

(1) for access to the rail infrastructure by beneficiaries and for the provision of other services have to create rail infrastructure company network statement, in which they lay down the conditions under which they grant them access and under which they provide to these other services. The network statement are to keep on the cutting edge, to apply to each access entitled in the same way and have the essential administrative, technical and financial arrangements, to include in particular the following:



1. a section that specifies the type of rail infrastructure, which is the legitimate access to available, and access conditions, in particular: a) the technical description and operational conditions for access to the individual lines, sections, or other sections of rail infrastructure;

(b) the specified not in legislation, contained in operational regulations of the railway infrastructure company requirements, which compliance is to be prescribed for that and in the exercise of access;

2. a section that sets out the remuneration rates and the rates, and in particular includes a) sufficient details of the charging system of of use of;

b) sufficient information about the applicable fees for the to be available to other services, which are provided by a single vendor.

(c) whether and what procedures, rules and, where appropriate, tables on the implementation of article 67 paragraph 2 to 4 and § 69 paragraph 3 be applied

(d) relevant information adopted or intended fee changes;

3. a section on the principles and the criteria for the allocation of train paths; shall be provided to the General capacity characteristics of rail infrastructure, which is the legitimate access available, as well as to any use restrictions, including the expected capacity requirements for maintenance purposes to make; the settlement and the time-limits of the procedure for the allocation of train paths shall also be indicated; Furthermore, specific criteria to determine which are for this procedure concern, are in particular: a) the procedure for the position of desire on allocation of train paths through the access authorized at the point of the assignment;

b) requirements for beneficiaries;

(c) schedule for the position of desire on allocation of train paths at the point of the assignment and the assignment process;

(d) principles of the coordination process;

e) procedure carried out in the case of overloading of railway infrastructure and criteria to be applied;

f) details of the restriction in the use of rail infrastructure and g) other conditions, by the account of the degree of the previous use of rail infrastructure in determining ranking in the allocation process.


In addition, it is to specify in detail what measures were taken to ensure adequate treatment of railway services in the freight transport, the cross-border rail transport services and the desire on allocation of train paths, provided outside of the network timetable creation process.

(2) the railway infrastructure companies have at least four months before the deadline (article 65 paragraph 3) for the recovery of desire on allocation of train paths free of charge in the Internet to provide the network statement, as well as their changes and submit the Schienen-control GmbH within one month from creation or modification thereof.

General terms and conditions



§ 59a. (1) for the provision of services railway undertakings to create general conditions in which they lay down the conditions under which they provide these services have. These terms and conditions have all essential administrative, to include technical and financial arrangements.

(2) the railway companies have to provide the terms and conditions and amendments free of charge on the Internet and to present the Schienen-control GmbH within one month from creation or modification thereof.

Reservation fees



Article 59 b. beneficiaries who covet the allocation of train paths, in the course of the network timetable creation process have for those paths that have requested them, but for their use on the basis of circumstances for which to represent only yourself, no allocation is established, to replace an appropriate cost for the reservation of this coveted train on the railway infrastructure companies.

Withdrawal of train paths



section 60. The allocation body is entitled to revoke such allocated train paths on which the beneficiaries not exercised his right of access on the basis of circumstances which the beneficiaries is responsible, within the last three months by unilateral, written and reception need explanation.

Safety certification



61. (1) has the rail infrastructure company to issue a safety certificate on request of a person entitled to access, laid down the security requirements for the access authorized to ensure of safe service on the routes affected by the access. The safety certificate is to exhibit by the railway infrastructure companies, if that were proven relevant provisions relating to the security and order of the railway transport, as well as the safety of railway operation particularly with regard to organization, resources and personnel to ensure of the security for the services affected by the desire and track. This in particular must demonstrate, that the driving and attendants of the affected trains has the necessary training to comply with the relevant routes traffic rules and to observe the safety regulations imposed in the interest of the railway company. Furthermore, is to demonstrate that the resources intended for use with regard to the technical and operational rules applicable to the affected lines are tested and suitable; If it is necessary to check that the railway infrastructure companies may require conducting a test drive at the expense of the person with right of access.

(2) at the request of the person entitled to access the Schienen-control GmbH has set a reasonable deadline for the issuance of a security certificate. The rail infrastructure company shall issue a security certificate in Schienen-control GmbH, the deadline not application or not, has the Schienen-control GmbH application to determine whether there are all prerequisites for the issuance of a security certificate. Schienen-control GmbH has determined that there are all the conditions for the issuance of a security certificate, has the rail infrastructure company to issue the safety certificate within 14 days.

(3) the railway infrastructure companies have to submit issued safety certificates of Schienen-control GmbH within one month from the exhibition.

Allocation body



62. (1) is the railway infrastructure company allocation body.

(2) a railway infrastructure company that is legally, organisationally and independent in his decisions by railway undertakings, the tasks associated with the role as allocation body completely or partially but also to the in the rail infrastructure financing Act can transfer society provided for or company to another suitable or appropriate to another position with a written contract.

(3) the performance of duties associated with the function of an allocation body by a railway company, which is legally, organisationally and not independent in his decisions by railway undertakings, is however not allowed. A rail-infrastructure company has all the function of an allocation body-related task to the company provided for in the rail infrastructure financing Act or to another suitable company or another suitable location, the two latter but only if they are legally, organizationally and independent in their decisions by railway undertakings with written contract to transfer, then having these tasks as allocation body in place of the railway infrastructure company to perceive their own responsibility; the contract must contain no provision which would interfere with a lawful exercise of the tasks associated with the function of an allocation body or make it impossible.

2. section

Allocation of train paths

Allocation principles



63. (1) has the allocation body to make the allocation of train paths on beneficiaries according to the principles of equal treatment and efficient use of rail infrastructure.

(2) an authorized access may allocated train paths to other beneficiaries transferred to him or another type of rail transport performance than that provide for the by the allocation body a Zugtrasse has been assigned to him.

(3) the duration of the assignment of a Zugtrasse on a legitimate access is limited with a network timetable period. The allocation body and a legitimate access may, however, agree a framework regulation on the allocation of infrastructure capacity on the relevant railway infrastructure which has a maturity of more than one network timetable period.

Framework regulation



64. (1) can make arrangements the allocation body with a legitimate access, which provides for the allocation of infrastructure capacity for a longer period of time than a network timetable period. It can be the temporal range sets to offer within the train routes are, if the requested Zugtrasse is not available. The allocation of individual train paths should not be regulated.

(2) the allocation of infrastructure capacity for a longer period of time than a network timetable period has to be carried out except in the case of paragraph 3, in the form of a written agreement. If a company does not even the function of an allocation body, the allocation body frame contracts have with the access-authorized in the name and on behalf of the rail infrastructure company to complete.

(3) the allocation of infrastructure capacity for a longer period of time than a network timetable period an integrated railway undertakings to the exercise of access rights on its rail infrastructure has to be made in the form of a framework document bearing the allocation body and the integrated railway companies.

(4) regulatory framework should not exclude access to the rail infrastructure by other beneficiaries. Framework regulations must contain a provision that allows their change in the interest of a better use of the rail infrastructure; in such a case the change of a framework, a penalty can be agreed.

(5) the framework should be limited to the duration of five years. Frameworks are to present the Schienen-control GmbH within one month from their creation of the allocation body; Frameworks are details about the underlying the framework regulation as a motif business contracts, giving particular investments or risks with a maturity of more than five years. Frameworks are subject to the approval of the rail control with a maturity of more than ten years Commission; is especially for extensive and long-term investments, especially in connection with contractual obligations, as well as other comparable risks granted.

(6) under the protection of business confidentiality, the salient features of each framework of the allocation body are to introduce other access authorized upon request.

Cooperation of assignment posts




§ 64a. (1) domestic allocation bodies are required, in the interests of an efficient creation of infrastructure capacity and allocation of train paths with other domestic allocation body, with other allocation bodies in other Member States of the European Union, to work together in other Contracting Parties of the agreement on the European economic area or the Swiss Confederation.

(2) in doing so have to strive in particular to ensure the best competitiveness of railway services in the freight and the efficient use of the trans-European rail freight network (Article 10a and annex I of Directive 91/440/EEC on the development of railway undertakings in the community, OJ No. L 237 of the 29.07.1991 S 25, as amended by Directive 2001/12/EC, OJ No. L 75, the 26.02.2001 S 1) to make sure.

(3) the domestic allocation agencies are required to make public their participation in this cooperation, the functioning of this cooperation, and all criteria relevant for the evaluation and allocation of infrastructure capacity for free on the Internet.

Network timetable creation



All scheduled train movements and movements of rolling stock on railway infrastructure access rights affected are 65. (1) in a timetable which once to create depends on the allocation body in the calendar year, to set. The corresponding time interval of the network schedules is in the framework of cooperation of the body of of allocation, taking into account Community requirements to be set by mutual agreement. This interval by regulation of the Federal Minister for transport, to assess innovation and technology is such a consensual definition should not occur.

(2) the allocation body has to ensure that no later than eleven months before in force network timetable preliminary cross-border train in cooperation with other relevant allocation bodies are set and these paths be maintained as far as possible in the following network timetable creation process.

(3) the time limit for the recovery of desire of access authorized allocation of train paths to be included in the timetable, must expire not more than twelve months before the entry in force of the network timetable. Not later than four months after the deadline for the introduction of desire on allocation of train paths by the beneficiaries of the access the allocation body has to create a timetable design.

(4) the allocation body has in establishing network schedule as much as possible to satisfy all desires of access authorized allocation of train paths and to take account of all constraints, which are subject to the access advertisers, including the economic effect on their business, as far as possible.

(5) the allocation body has special rail transport services in the in the section 65 c par. 3 cases in the Netzfahrplanerstellungs - and coordination procedures to prioritise.

(6) the allocation body is obliged to listen to on the network schedule draft all access authorised, have sought the allocation of train paths, and to comment to give a deadline of one month them, provided that was not met their desire on allocation of train paths in the network schedule draft. Initiation of the consultation is to make known in the Internet. The allocation body should as far as possible take account of justified complaints.

Infrastructure capacity for regular maintenance



§ 65a. The provision of infrastructure capacity for maintenance purposes is taken into account within the framework of the network timetable creation. The allocation body is obliged to take into account the impact of this provision of infrastructure capacity on beneficiaries.

Coordination procedures



section 65 b. (1) arise in establishing network timetable incompatibilities between different desires of access authorized allocation of train paths, which are taken into account in establishing network timetable so the allocation body has become through coordination this desire and through negotiations with the legitimate access to the achievement of a mutually agreed solution to try. To do so she can offer within reasonable bandwidths train, which deviate from the coveted Zugtrasse.

(2) the principles of the coordination process are set in the network statement. You must take account in particular of difficulty to reconcile connect traffic and cross-border train paths, and the impact of any changes on other railway infrastructure company.

(3) the allocation body has set up a dispute settlement system for the purpose of rapid resolution of disputes between access justified with regard to the assignment of coveted train paths that ensure decisions on disputes within ten working days.

Overloaded rail infrastructure



§ 65c. (1) in the cases in which desire of access authorized allocation of train paths, would take into account in establishing network timetable, after coordination of the requested paths and consultation of desiring access entitled not in reasonable amounts can be upheld, the allocation body has to explain that rail infrastructure section immediately for overloaded. This has to be the refrain is that their capacity in the near future is not sufficient rail infrastructure.

(2) has been declared for overloaded rail infrastructure, the railway infrastructure companies perform the capacity analysis (§ 65d), if not already implemented a plan to increase capacity (section 65e) has.

(3) fees not collected according to section 67, paragraph 2, or they have not led to a satisfactory outcome and was declared for overloaded rail infrastructure, the allocation body in establishing network timetable has those desires which have the allocation of train paths for the provision of public services to the subject to be considered as a priority. Other desires, which have not the allocation of train paths for the provision of public services to the subject, is according to the order in which of the height of the social benefits of the underlying rail services to give priority to; A higher social benefits as passenger services to grant is in particular cross-border road freight, road freight.

(4) the procedure to be followed in overloaded rail infrastructure and to apply priority criteria are set in the network statement.

Capacity analysis



§ 65d. (1) the purpose of a capacity analysis is identifying the bottlenecks in the rail infrastructure and prevent that desire on allocation of train paths in an appropriate manner cannot be upheld, and the presentation of how can be granted additional desire. In the analysis, the reasons for congestion are to identify and to describe short - and medium-term remedial actions.

(2) the object of the analysis are the rail infrastructure, the operating procedures, the nature of the various carried railway transport services and the effects of all these factors on infrastructure capacity. Testing-needy measures include in particular the diversion of rail transport services, the temporal shift of railway services, changes the speed and the rail infrastructure improvements.

(3) the capacity analysis is complete within six months, after a rail infrastructure was designated as overloaded.

Plan to increase the capacity



section 65e. (1) within six months after completion of a capacity analysis is to create capacity for consultation of the access authorised, where a Zugtrasse on the congested rail infrastructure has been assigned to, a plan to increase. The following is set out:



1. the reasons for the congestion;

2. the expected future transport development;

3. the development of rail infrastructure concerned restrictions;

4. the possible measures and costs of increasing the infrastructure capacity, including the expected changes of the use fees.

(2) on the basis of a cost-benefit analysis of the possible measures identified (paragraph 1 Z 4) is to determine what measures to increase capacity, be taken This includes also a timetable for implementing the measures.

(3) the railway infrastructure company must set collecting the fees collected pursuant to section 67, paragraph 2 in cases where it



1. no plan to increase which presents capacity or 2 with the listed catalogue of measures in the plan to increase the capacity no progress made.

(4) the railway infrastructure companies must however subject to the approval of the rail-Control Commission continue to these charges raise a, if



1. the plan to increase the capacity for reasons that elude his influence, can not be realized, or 2. the possible measures are economically or financially unsustainable.

Special measures at errors




Section 66 (1) for technical or accidental errors of train movements is the railway infrastructure companies to take all necessary measures to restore the normal situation. To this end, it has to create a contingency plan that lists the various government agencies to teach when serious incidents or severe disruption of train movements are.

(2) in emergency situations, and unless this is absolutely necessary, because access to the rail infrastructure due to a malfunction is temporarily not possible, the allocated train paths without notice can be locked as long as it is necessary for the maintenance of the rail infrastructure. The rail infrastructure company can demand if it considers this necessary, that access authorised, that train on the rail infrastructure are assigned to provide funds him according to available capacity and the reasonableness against reasonable costs, and industry-standard fee, which are best suited to his opinion, to restore the normal situation as soon as possible.

3. section

Fees of use of and other charges

Rules for the determination of the use fees



Use fees are 67. (1) for access to the railway infrastructure including the minimum access package (§ 58 para 1) basically equal to the cost to determine that directly incurred as a result of the train operation.

(2) charges are allowed for temporal and local capacity on a route, a section or any other section of the rail infrastructure for the duration of the overload of same.

(3) increasing rewards of use of can be used for access to a railway infrastructure, if their construction or expansion after March 15, 1986 has been completed or is to increase performance or reduced costs for the use of results, and if this construction or expansion without increased fees of use of had not been done or would be feasible. In determining such higher use rates long-term investment costs may be used while taking into account the competitive situation of the affected railway services.

(4) if the use fees according to the principles laid down in paragraphs 1 to 3 and other revenues from the operation of the railway infrastructure, not sufficient to achieve a full cost do so more surcharges can be set, not may exclude the but the use of the rail infrastructure for types of rail transport services, which can cover at least the incurred directly as a result of the train operation cost plus a competitive return.

(5) the fees of use of can be set averaged over a reasonable period of time such as in particular a calendar year or a network timetable period and per style and time of rail transport services. The relative amount of the lump-sum use fees to the costs of the railway services in relation to keep that way.

(6) based on the above principles for a railway infrastructure companies use pay rules, including weighted average pay rates, to create, which are applicable for the railway network of the company. They are in such a way, that discrimination potential legitimate access be avoided, they are comparable for similar uses of rail infrastructure of a railway infrastructure company, and trigger no unequal treatment of access authorized for comparable rail transport services in a segment of the rail transport market in its distinctions for parts of the network.

(7) the remuneration rules of use of must contain also performance-based components that provide incentives to avoid operational problems and for improving the performance of rail infrastructure the access authorised and the railway infrastructure companies. Compensation for the errors affected beneficiaries and a bonus scheme for services exceeding the agreed level of performance, can be particularly penalties for malfunctions of the rail infrastructure of.

Fixing the use fees



section 68.

(1) the pay rules of use of are the allocation body - if it is not the company itself, after obtaining its proposal - to set.

(2) the pay rules of use of are to record by the railway infrastructure companies in the network statement or to close it as an attachment. Also an explanation indicating how to section 67 corresponds to the requirements, insofar as this is possible without disclosing confidential business information is to be attached.

(3) based on the remuneration rules of of use of, the allocation body has to set the use fee payable for a coveted access to the rail infrastructure, including the provision of the minimum access package each.

Negotiations on the amount of use fee



§ 68a. Negotiations between authorized access and the allocation body about the amount of use fee payable are allowed only if they are under the supervision of Schienen-control GmbH.

Collection of usage charges



section 69.

(1) the beneficiaries has the use fee set for access to the railway infrastructure companies to pay.

(2) any Benützungsentgeltnachlässe may relate only to use charges, who collected only for a particular section of the rail infrastructure and to limit the saved administrative costs, which already took into account cost savings shall be considered in determining the upscale a use fee does not.

(3) of paragraph 2, time-limited Benützungsentgeltnachlässe to facilitate the development of new rail services or the promotion of access to the railway infrastructure with very low utilization can be granted for a single type of railway services, if these discounts in the way the network statement of all legitimate access are accessible.

Other charges



The fees to be paid for other necessary services according to § 58 paragraph 2 to 4 for access to the rail infrastructure are section 70 (1) according to the principles of reasonable cost compensation and industry-standard fee to determine.

(2) the allocation body has the fees for to be of a railway infrastructure company services according to § 58 paragraph 2 to 4 to set in the event that this is not the company itself, after hearing of the same. For the amount of the charge for services, the competitive situation on the rail transport market is taken into account. Are additional services or other services by a company only offered, must be the fee relating to the costs of service provision, calculated on the basis of the actual scope of use.

(3) charges for services provided by a railway company to be available are to agree by this company with the party entitled to access.

4 section

Treatment of desire, complaint, competition authority

Legal form



section 70a. (1) the allocation of train paths and the provision of other services of a railway infrastructure company has to be carried out except in the case of paragraph 2, in the form of a written contract, all with access to the rail infrastructure and the provision of other services has to include related conditions with regard to the administrative, technical and financial arrangements. If a company does not even the function of an allocation body, the allocation body have contracts with the access-authorized in the name and on behalf of the rail infrastructure company to complete.

(2) the allocation of train paths on an integrated railway undertakings to the exercise of access rights on its rail infrastructure and the provision of other services provided by the integrated railway companies for this purpose, has to be what all with access to the conditions with regard to the administrative related rail infrastructure and the provision of other services in the form of a document bearing the allocation body and the integrated railway undertakings that has to include technical and financial arrangements.

(3) the provision of services by a railway undertaking has in the form of a written contract to be carried out, which has to include all related to the provision of services conditions relating to the administrative, technical and financial arrangements.

Treatment of assignment and performance desires




71. (1) has any allocation body to examine a written request of access authorized allocation of train paths or provision of other services of a railway infrastructure company and to negotiate; the allocation body, not with the railway infrastructure companies is identical, the latter in the negotiations to include is. The same applies to railway undertakings with regard to written in this style desire on provision of services.

(2) If a petition for a focuses on the allocation of train paths on rail infrastructure of railway infrastructure companies, this is the access controller with an allocation body to introduce. This assignment is obliged to seek the allocation of the necessary paths in the other concerned assignment on behalf of the person with right of access.

(3) the allocation body has a desire on allocation of train paths should be taken into account in establishing network timetable, in consultation with other relevant allocation bodies without undue delay, but no later than one month after the deadline of desire transfer, in the case of the coordination procedure at the latest to decide a month upon completion of such proceedings. All other desires on allocation of train paths are to decide receipt of written desire within five working days. Desire on provision of railway infrastructure company's other services depend on the allocation body and desire on provision of services addressed to railway undertakings are to decide by the railway undertaking not later than one month after receipt of the written desire. A correct order of lack of causes that only with full corrective desire considered reaches a. The decision is in accordance with the provisions of this Federal Act either in the form provided for in section 70a or in writing reasoned rejection of desire to be.

Complaint against the allocation body



72. (1) the desire of access authorized allocation of train paths or provision of other services of a railway infrastructure company of the allocation body is rejected or is an agreement between the assignment and the access holder within one month from the end of the desire contribution period in the case of the coordination procedure no later than one month after completion of such proceedings, and in the event that the assignment should be considered when establishing the network timetable not of train paths , within five working days from receipt of desire at the point of the assignment didn't materialize, or allocated the Zugtrasse affected by the desire to a different access recruiters can charge beneficiaries appeal to the rail Control Commission. The complaint must be in writing. The complaint has either



1. a request for assignment of the coveted Zugtrasse together with the name of the essential content of the desired Treaty or the desired certificate, or 2. a request for making available of other services together with the name of the essential content of the desired Treaty or the desired certificate, or 3 an application for finding that the assignment of coveted Zugtrasse contrary to the provisions of this Federal Act not on the complainant , but is on a different access authorized is to contain.

(2) the allocation body, which made the desire, the rail Control Commission has the necessary for deciding the complaint documents, in particular the correspondence with all involved allocation body, to present Commission within one week after the request by the rail control.

(3) who may Commission Schienen-control use the information contained in the documents referred to in paragraph 2 for the decision on the appeal.

(4) which has Schienen-Control Commission after consulting the allocation body responsible for the assignment and the person with right of access within a period of two months after receipt of the complaint by decision to decide. A correct order of lack of causes that only with full elimination of the defect the complaint is considered reaches a.

(5) the complaint, with the assignment of a Zugtrasse is sought, must be held if the the complainant access authorised coveted Zugtrasse still has been assigned to any other legitimate access and the statutory requirements for the assignment of coveted Zugtrasse available; in this case, the assignment of coveted Zugtrasse the complainant access authorised by the has must be know do the appeal which replaced the conclusion of a written contract or the creation of a document about the allocation of train paths; the decision has all the conditions with regard to the administrative, to include technical and financial arrangements.

(6) the complaint, with the provision of other services is requested, is to be held at the legal conditions for the provision of other services; in this case, providing the coveted benefits entitled to access of the complainant by the has must be know do the appeal which replaced the conclusion of a contract or the creation of a document about the provision of other services; the decision has all the conditions with regard to the administrative, to include technical and financial arrangements.

(7) the appeal is sought with the finding that the assignment of coveted Zugtrasse contrary to the provisions of this Federal Act not complaining, it's a different legitimate access is done, if applicable to do, that the decision be the complaint has to contain the finding, that the assignment of coveted Zugtrasse authorized by the complainant access to the other access authorized person contrary to the provisions of this Federal Act is done in the form.

(8) a decision adopted in accordance with paragraph 5 and 6 does not preclude legitimate access and allocation body a time later conclusion of a written contract or a time later creation of a document about the allocation of train paths, including the provision of other services between the complaining.

Complaint against a railway company



73. (1) the desire of access authorized on provision of services addressed to a railway company is rejected or concluded an agreement between the railway company and the access controller at the latest within one month from receipt of desire at the railway company does not, may raise the beneficiaries complaint to the rail Control Commission. The appeal has to be made in writing and contain a request for provision of services together with the name of the essential content of the envisaged treaty.

(2) the railway undertaking, the desire was made, has the rail-Control Commission to submit the documentation required for the decision on the complaint within one week after the request through the Rails-Control Commission.

(3) who may Commission Schienen-control use the information contained in the documents referred to in paragraph 2 for the decision on the appeal.

(4) the rail Control Commission within a period of two months after receipt of the complaint by decision to decide after hearing of the railway company and the person with right of access. A correct order of lack of causes that only with full elimination of the defect the complaint is considered reaches a.

(5) the complaint, with the provision of services is requested, is to be held at the legal conditions for the provision of services; in this case the provision of sought-after services authorized for access by the complainant has replaced a written contract on the provision of services by the decision to be made, do the appeal; the decision has all the conditions with regard to the administrative, to include technical and financial arrangements.

(6) a decision adopted in accordance with paragraph 5 does not preclude legitimate access and the railway undertakings a time later a contract on the provision of services between the complaining.

Template contracts and documents



section 73a. (1) the allocation body is obliged to submit contracts or created documents on the allocation of train paths and contracts or created documents via the provision of other services within one month after conclusion of the contract or deeds of Schienen-control GmbH. The concluded contracts for the allocation of train paths and completed contracts for the provision of other services are to immediately present the railway infrastructure companies from the allocation body in the case of § 62 para 2.


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

Competition authority



74. (1) the rail Control Commission has by virtue



1. an allocation body in terms of access to the railway infrastructure including all conditions associated with regard to the administrative, technical and financial arrangements such as about the fee of use of and with regard to the provision of other services, including all related conditions with regard to the administrative impose technical and financial arrangements as such reasonable costs, and industry-standard fee a non-discriminatory behavior or to prohibit the discriminatory behavior or 2. a railway company with respect to the provision of services including all conditions associated with respect to the administrative impose technical and financial arrangements as such reasonable costs, and industry-standard fee a non-discriminatory behavior or to prohibit the discriminatory behavior or discriminatory 3rd rail network terms of use, discriminatory terms and conditions, to explain fully or partly ineffective discriminatory contracts or discriminatory deeds.

(2) the responsibilities of the cartel Court remain unaffected.

Duty to provide information



section 74a. (1) the allocation body, railway infrastructure companies and railway companies have the Schienen-control GmbH and the rail Control Commission on request the information to grant, that are required for railway-legal regulations implementation of the entrusted to them, as well as this and the representative to the verification of compliance with the railway legal obligations conferred upon them to the full request to furnish the necessary information and one show in the records and books to grant.

(2) the allocation body have to submit the applicable timetable, as well as the documents relevant for the creation of the network schedule within one month after the network composed of Schienen-control GmbH. The allocation body or railway infrastructure companies have also to inform Schienen-control GmbH in time of any major changes in the quality or the capacity of rail infrastructure.

Coercive measures



75. (1) prevents a railway undertaking despite the existence of a valid written contract or despite a final notice in accordance with § 72 para  5 and 6 or § 73 para 5 regardless of the institution of criminal proceedings in fact has access to the railway infrastructure or the provision of other services, the railway undertaking with procedural order for the production of the State corresponding to the legal order within a reasonable period as three days not exceeding to urge the Schienen-control GmbH.

(2) does not fulfil the railway undertaking of this call within the set time limit, the Schienen-control GmbH with notice may have that necessary measures to enable the access to the railway infrastructure or the provision of other services."

47. the heading before section 76 is new:



"7th part

Regulatory authorities

1. main piece

Schienen-control GmbH

Schienen-control GmbH is founded"

48. paragraph 77 paragraph 1:



"(1) the Schienen-control GmbH you are whether in addition to the responsibilities assigned to the 5th and 6th part of this Federal Act (§ 53e, 61, 68a and 75) following tasks:"



1. the market observation to determine the development of competition in the Austrian rail transport market;

2. monitoring the respect for the deployment and template obligations of the railway infrastructure companies, railway companies, other railway undertakings and the allocation body;

3. the Executive Board for the rail Control Commission (article 81 paragraph 3);

"4. an exchange of information about their decisions and the rail-Control Commission with relevant foreign regulators."

49. paragraph 80:



"80th (1) has the management of Schienen-control GmbH economically, to be practical and economical. An annual financial plan is the Federal Minister for transport, innovation and technology and the Federal Minister of finance to present. For the fulfilment of the tasks entrusted to the Schienen-control GmbH by this federal law necessary personnel and material expenses, which includes also the staff incurred in the Commission at the rail control and administrative expenses in its management task in accordance with section 81, paragraph 3, is to cover, as far as they have access on rail infrastructure covered by article 56 from charges by railway undertakings. These charges are to impose them by Schienen-control GmbH per calendar year with notice and to ask this.

(2) the amount of these charges has by regulation to govern innovation and technology in agreement with the Federal Minister of finance, the Federal Minister of transport, based on the principles of lump-sum pro rata charging according to the use of rail infrastructure and the limitation amount according to the for the fulfilment of the economic, functional and more economical management tasks to necessary effort. This regulation also the nature and extent of the notices of payment due by payment in advance for the ongoing use of the rail infrastructure can be adjusted during a calendar year."

50. the heading before § 81 is new:



"2. main piece

Schienen-Control Commission

"Setting up the rail Control Commission"

51. paragraph 81 subsection 2:



"(2) the rail Control Commission are the responsibilities assigned to it in the 5th and 6th part of this Federal Act (§§ 53 c, 53f, 64 para 5, 65e para 4, 72, 73 and 74) and the processing of appeals against decisions of Schienen-control GmbH." "In the Affairs of sections 53e para 2, 61 para of 2, 75 paragraph 2, 77 para 3 and 80 para 1 is it objectively consider upcoming federal authority within the meaning of §§ 5, 68 and 73 AVG."

52. the heading before section 86 is as follows:



"8 part

Interoperability

1. main piece

Interoperability - high speed rail system

1 section

General information

Purpose"

53. in paragraph 86, the phrase "of section IVb" is replaced by the phrase "this main piece".

54. in paragraph 87, the phrase "Section IVb" is replaced by the phrase "This main piece".

55. paragraph 90:





Article 90. Technical specifications for interoperability (TSIs) are specifications that apply to a subsystem in terms of compliance with the essential requirements."

56. in the section 91, paragraph 1, the phrase "in the section IVb" is replaced by the phrase "in this main piece".

57. the heading before section 93 is as follows:



"Part 2

Interoperability constituents

Definition"

58. in section 94 para 3 Z 2 is the bracket expression "(§ 15 Z 21 Bundesvergabegesetz, BGBl. I Nr. 56/1997-BVergG)" by the parenthetical expression "(§ 20 Z 16 Bundesvergabegesetz 2002, BGBl. I Nr. 99/2002-BVergG)" replaced.

59. in paragraph 95, the bracket expression "(§ 15 Z 21 BVergG) is in para 1" by the parenthetical expression "(§ 20 Z 16 BVergG)"; in para 2 Z 1 and 2 is the bracket expression "(§ 15 Z 17 BVergG)" by the parenthetical expression "(§ 20 Z 21 BVergG)" and the bracket expression "(§ 15 Z 16 BVergG)" by the parenthetical expression "(§ 20 Z 30 BVergG)" replaced.

60. paragraph 96 paragraph 1:



"(1) for an interoperability constituent is a declaration to exhibit, which has to comply with the annex IV of to Directive 96/48/EC on the interoperability of the trans-European high speed rail system by the manufacturer or his authorised representative established in the community." You are the TSI provisions concerning interoperability constituent including European specifications, where such exist, to apply; No relevant TSI exists, or such not applicable is stated, and also no European specification exists, the common standards and technical specifications are to be applied."

61. paragraph 99:



"99. (1) the subsystems must comply with the essential requirements. Unless there is a relevant applicable TSI, a part of interoperability in terms of compliance with the essential requirements based on these should be noted.

(2) no relevant TSI exists or not applicable is stated, it is



1. a building permit, a licence pursuant to section 36, and an operating permit for a structural part system in addition to other approval requirements only under the condition to grant, that it meets the basic requirements on the basis of the common technical requirements and has 2. the Federal Minister for transport, innovation and technology to present a directory of this common technical regulations to the other Member States of the European Union and the European Commission; He has to publish this directory in the Internet.

62. the heading before section 98 is as follows:



"Section 3

Subsystems


Definition"

63. paragraph 101 paragraph 1:



"(1) for a subsystem, for which a TSI and to apply that is, is by the adjudicating entity or his authorised representative an EC declaration of verification, which has to comply with annex V of to Directive 96/48/EC on the interoperability of the trans-European high speed rail system to exhibit." They have carried out the EC examination with a notified body of their choice. The task of the notified body responsible for the EC verification has over the entire period from planning and construction to the acceptance before operation of the subsystem to extend."

64. the section 101 the following ABS will. 4 added:



"(4) an operating permit for a subsystem, for which a TSI and to apply that is, is in addition to other approval requirements only under the condition to grant that a corresponding EC declaration of verification for this subsystem of the Authority presented this federal law."

65. paragraphs 103 to 114 (old) will receive the designation "sections 124-135".

66. after the 1st main piece of the 8 part (new), main piece is attached as 2.:



"2. main piece

Interoperability - conventional trans-European rail system

1 section

General information

Purpose



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

Conventional Austrian railway system



section 104. Railway system Austrian to the conventional include:



1. branch lines and from the scope of the 1st main piece No. 1692/96/EC on Community guidelines for the development of trans-European transport network (OJ unrecognised These railways main lines, as far as the decision No L 228 of the 9.09.1996 S 1) or any update of that decision on the basis of the article 21 of the guidelines review provided for are;

2. resources that are suitable for running on the entire trans-European conventional rail system or one or more parts of the same.

Interoperability



§ 105. Interoperability refers to the ability of the trans-European conventional rail system for the safe and uninterrupted train traffic, by suited the ratings required for the corresponding main and branch lines.

Technical specifications for interoperability (TSIs) section 106. Technical specifications for interoperability (TSIs) means the specifications that apply to each subsystem or parts thereof with regard to compliance with the essential requirements.

Conversion



§ 107. Conversion refers to an extensive change of a subsystem or parts thereof.

Renewal



section 108. Renewal means major work to replace of a subsystem or parts thereof.

Notified bodies



Notified bodies are 109. (1) for the checks provided for in this main piece and reviews



1. due to the accreditation Act, Federal Law Gazette No. 468/1992, to grow into accredited areas or 2 to be used marks, in by the European Commission in accordance with article 20 paragraph 1 of Directive 2001/16/EC on the interoperability of the conventional trans-European rail system, OJ No. L 110 of the gryfia S 1, in the official journal of the European communities published list with their identification number and with indication of their area of responsibility are.

(2) the Federal Minister for Economics and labour has that accredited bodies are accredited to carry out the assessment of conformity and suitability for use of interoperability constituents, as well as for the implementation of EC verification procedure for subsystems, the European Commission and the other Member States of the European Union, notifying them of the scope of accreditation and the Commission allocated identification number to tell them.

Basic requirements



section 110. The basic requirements are those conditions which must comply with the conventional trans-European rail system, the subsystems, and the interoperability constituents including interfaces and are listed in annex III to Directive 2001/16/EC on the interoperability of the trans-European conventional rail system.

Provision of data



section 111. The Federal Minister for transport, innovation and technology has the Panel responsible for drafting the TSIs (article 2 point h of Directive 2001/16/EC on the interoperability of the trans-European conventional rail system) to provide all the data that are required to allow the taking into account of all foreseeable costs and the benefits of all tested technical solutions, as well as the interface between them with the aim of this body for the preparation, adoption or revision of each TSI , to determine the most advantageous solutions. The railway companies have such to make data available to the Federal Ministry of transport, innovation and technology.

2. section

Interoperability constituents

Definition



§ 112. interoperability constituents are component group of components, subassembly or complete material assemblies, which are incorporated or intended to be incorporated into a subsystem, and upon which the interoperability of the trans-European conventional rail system depends directly or indirectly. Among components are material to understand but also intangible products like software.

In marketing



§ 113. (1) it only such interoperability constituents in the domestic traffic are allowed, that enable the achievement of the interoperability of the conventional trans-European rail system and meeting the essential requirements. This does not apply for interoperability constituents, the allure or for others as used in § 104 Z 1-led compatible. Not the leaving of interoperability constituents for the purpose of storage, for scrapping, their conformity or use suitability test is considered in marketing.

(2) affects an Interoperabiltätskomponente, for which an EC declaration (§ 115) is available, has been put on the market and which will be used as intended, compliance with the essential requirements, the Federal Minister for transport, innovation and technology regulation has a prohibition of the placing of and issue of the free movement of goods with components of the same type.

(3) the Federal Minister for transport, innovation and technology has the issuing of a regulation pursuant to par. 2 of the European Commission stating that underlying reasons to inform the issuing of such regulation, and in particular to lead is that the interoperability constituent concerned is therefore not compliant, because



1. the basic requirements are not met, 2. the European specifications that are used (§ 20 Z 16 BVergG) are not correctly applied, or 3 the European specifications are incomplete.

(4) the regulation is by the Federal Minister of transport, to increase innovation and technology if the European Commission shares with the Republic of Austria, that they the prohibition of the placing of and of the free movement of goods with this interoperability constituent considers unfounded.

(5) monitoring the compliance with the provisions concerning the placing of the free movement of interoperability constituents according to paragraphs 1 and 2 is whether the district administrative authority. The bodies of the district administrative authority empowered in this monitoring exercise, business and premises as well as the business and operating land, or in or on which manufactured interoperability constituents, for the purposes of the marketing store are shown to enter to the operating and business hours, visit the interoperability constituents and check.

Statement of conformity



The conformity of an interoperability constituent with the essential requirements relating to them and, where appropriate, its suitability for use are 114. (1) on the basis of the provisions of the TSI, including the European specifications (section 20 Z 16 BVergG), to determine if such exist.

(2) a TSI not applicable is explained or no European specifications are available before issuing a TSI,



1 the conformity of an interoperability constituent with the essential requirements relating to them on the basis of common standards (section 20 Z 21 BVergG) and technical specifications (section 20 Z 30 BVergG) to determine and has a directory of these common standards 2. the Federal Minister for transport, innovation and technology to the other Member States of the European Union and the European Commission (§ 20 Z 21 BVergG) and technical specifications (section 20 Z 30 BVergG) to present.


(3) the Federal Minister for transport, innovation and technology has the sites to publish No. 2 on the Internet for the assessment of conformity of an interoperability constituent with pulling up the essential requirements concerning them Austrian standards, that European standards are implemented, and a directory of common standards and technical specifications referred to in paragraph 2.

EC declaration of



Section 115 (1) for an interoperability constituent is to make a declaration by the manufacturer or his authorised representative established in the community which has to comply with the annex IV of to Directive 2001/16/EC on the interoperability of the trans-European conventional rail system. You are the interoperability constituent TSI provisions, including the European specifications, where such exist, to apply; No relevant TSI exists, or such not applicable is stated, and also no European specification exists, the common standards and technical specifications are to be applied.

(2) the conformity or suitability for use of an interoperability constituent is to evaluate which asked the manufacturer, or his authorised representative established in the community by the notified body.

(3) an interoperability constituent has still other requirements which are adopted federal laws normalized in others in implementation of Community directives, to meet these other requirements must be from the Declaration of apparent.

(4) the manufacturer or his authorised representative established in the community contrary to paragraph 1 issued no declaration, contracted contrary to para 2 no notified body with the assessment of conformity or suitability for use or the EC declaration is not the paragraph 3, para 1 to 3 on those commitments the over, which brings the interoperability constituent on the market.

(5) the existence of a declaration for an interoperability constituent the presumption rebuttable, that it complies with the essential requirements concerning them.

Incorrect Declaration of



§ 116. proves an interoperability constituent, for which an EC declaration is available, non-compliant, has the Federal Minister of transport, to explain the relevant declaration invalid innovation and technology decision. The Federal Minister for transport, innovation and technology has to inform the European Commission and the other Member States of the European Union, stating the reasons this measure.

3. section

Subsystems

Definition



§ 117. Systems of part of is the Division of the trans-European conventional rail system into structural or functional subsystems referred to in annex II of to Directive 2001/16/EC on the interoperability of the trans-European conventional rail system.

Compliance with the essential requirements



118. (1) the subsystems must comply with the essential requirements. Unless there is a relevant applicable TSI, a part of interoperability in terms of compliance with the essential requirements based on these should be noted.

(2) no relevant TSI exists or not applicable is stated, it is



1. a building permit, a licence pursuant to section 36, and an operating permit for a structural part system in addition to other approval requirements only under the condition to grant, that it meets the basic requirements on the basis of the common technical requirements and has 2. the Federal Minister for transport, innovation and technology to present a directory of this common technical regulations to the other Member States of the European Union and the European Commission; He has to publish this directory in the Internet.

Non-application of the TSI



Section 119 (1) in the following cases the Federal Minister for transport, innovation and technology to explain decision not applicable certain TSIs, including those for resources:



1. in projects to build new or retrofitting existing main or branch lines, which are in an advanced stage of development at the time of publication of the relevant TSIs or the subject of a contract in the implementation are;

2. in the main projects for the renewal or upgrading of existing or branch lines, if the TSI values for the gauge, the gauge, the track gauge or voltage, which are incompatible with the corresponding values of the existing main or branch lines;

3. in the case of schemes for the renewal, extension or upgrading an existing main or branch line, whereby the application of the relevant TSIs would compromise the economic viability of the project or the coherence with other railways would be affected

4. when undertaking rapid recovery through accident or a natural disaster destroyed or damaged main or branch line, if the conditions of hiefür economically or technically allow a partial or full application of the TSI one;

5. when driving resources with origin from States which are not members of the European Union, or with such driving resources, which are used in such States, and have a track gauge, impossible the use on main or branch lines.

(2) in all the cases mentioned in paragraph 1, the Federal Minister for transport, innovation and technology in the investigation has to the European Commission of the proposed exception to teach and their a base transmit in the TSIs or parts thereof, which shall not be applied, as well as the corresponding applicable specifications are listed. To in paragraph 1 Z 2, 3, and 5 listed cases is to await the decision of the European Commission before issue of notice.

EC declaration of verification



Section 120 (1) for a subsystem, for which a TSI and to apply that is, is an EC declaration of verification, which has to comply with annex V of the Directive 2001/16/EC on the interoperability of the trans-European conventional rail system, to exhibit by the adjudicating entity or his authorised representative. They have carried out the EC examination with a notified body of their choice. The task of the notified body responsible for the EC verification has over the entire period from planning and construction to the acceptance before operation of the subsystem to extend. The order has also the verification of the interfaces of the subsystem with the system, the part of which it forms, to include; insofar as such information exist, has this exam on basis to be carried out in the respective TSI, except such a declared inapplicable, and the infrastructure and driving resources register information available.

(2) the notified body has to create all technical documentation, which must be accompanied by an EC declaration of verification. The technical documentation must contain:



1. all necessary documents with regard to the characteristics of the subsystem;

2. If necessary, all certificates of conformity of the interoperability constituents;

3. information on usage conditions and restrictions, maintenance, continuous or periodic monitoring, operation and maintenance.

(3) the existence of an EC declaration of verification established the rebuttable presumption that the structural subsystem meets the basic requirements.

(4) an operating permit for a subsystem, for which a TSI and to apply that is, is in addition to other approval requirements only under the condition to grant that a corresponding EC declaration of verification for this subsystem of the Authority presented this federal law.

EC verification



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

3. main piece

Registers of infrastructure and driving resources

Contents of the register



§ 122. railway infrastructure companies and railway companies have for their main lines falling under the first and second showpiece, a register of infrastructure and a register of driving resources to create branch lines and resources. In these registers from the main characteristics and their compliance with the characteristics prescribed by the applicable TSIs are for each part of the systems or parts to represent. The register have also to contain the information, depicting in the TSI are prescribed for this purpose.

Publication of the register



section 123. The infrastructure register and riding equipment are to publish by the railway infrastructure companies and railway companies on the Internet and update it every year. The Federal Ministry of transport, innovation and technology free of charge two copies of this register, as well as their annual updates shall be provided. A copy of this register, as well as the annual update has the Federal Minister of transport to deliver innovation and technology the Panel referred to in section 111."

67. the heading before section 124 (new) is new:



"9th part

Final provisions

1. main piece

Penalties, managers order"

68. paragraph 125 (new):





"section 125. Commits an administrative offence and is for that purpose by the district administrative authority fined to punish with up to 7 000 euro, who



1. a public railway without the required licence or a non-public railway without the requisite authorization builds or operates, or 2. rail transport services without if necessary transport approval, required transport concession or without a marketing authorisation pursuant to § 14 para 6 is equivalent approval or approval provides."

69. paragraph 126 (new):



"126. (1) an administrative offence commits and is up to EUR 7 000 from the Federal Ministry of transport, innovation and technology with a fine to punish, who as the railway infrastructure companies, railway companies, other railway undertakings or allocation body"



1 one show, template or information violates the obligation provided for in § 74a to the information, or 2 does not result a notice of Schienen-control GmbH according to § 77 para 3.

(2) an administrative offence commits and is up to EUR 7 000 from the Federal Ministry of transport, innovation and technology with a fine to punish, who does not fulfil paragraph 2 or as a railway infrastructure company, railway undertakings or other railway undertakings of the obligation according to § 53 c according to section 53d.

(3) an administrative offence commits and is up to 7 000 euro from the Federal Ministry of transport, innovation and technology with a fine to punish those who disregard the provisions on accounting as integrated railway undertakings in § 55 para 2.

(4) an administrative offence commits and is up to 7 000 euro from the Federal Ministry of transport, innovation and technology with a fine to punish, who as a railway infrastructure company



1. contrary to article 59, paragraph 1 which does not comply with commitment to the creation of network statement, 2. contrary to article 59 paragraph 2 provides network terms of service or any changes free of charge on the Internet or that presents network statement or amendments within one month from creation or modification thereof of Schienen-control GmbH, 3. contrary to § 61 para 2 last sentence a safety certificate within 14 days of exhibits , 4. contrary to § 61 para 3, issued safety certificates presenting of Schienen-control GmbH within one month from the exhibition, 5. contrary to article 62 par. 3 performs the function of an allocation body or transfers, 6 contrary to section 65 c paragraph 2 which do not perform capacity analysis, or 7 contrary to section 65e para 1 German Federal Minister for transport, innovation and technology presents a plan to increase the capacity for information, to the.

(5) an administrative offence commits and is up to EUR 7 000 from the Federal Ministry of transport, innovation and technology with a fine to punish whoever as railway company



1 contrary to section 59a, paragraph 2 provides the general terms and conditions or amendments free of charge on the Internet or general terms and conditions or amendments within one month from creation or modification thereof shall submit the Schienen-control GmbH, 2. contrary to § 63 para 2 transfers allocated train paths or on an assigned Zugtrasse provides a different kind of rail transport performance than the ones for which this Zugtrasse has been assigned to him by the allocation body , or 3. the obligation does not comply to section 73a, paragraph 2.

(6) an administrative offence commits and is up to EUR 7 000 from the Federal Ministry of transport, innovation and technology with a fine to punish, who as assignment



1. the obligation according to § 64 paragraph 5 does not comply with, 2. contrary to § 68a leads negotiations on the amount of use fee payable is not under supervision of Schienen-control GmbH, or 3. contrary to section 73a, paragraph 1, of the obligation does not comply with.

(7) an administrative offence commits and is by the Federal Minister of transport, with a fine to punish innovation and technology up to EUR 36 000, who



1. when railway infrastructure companies, railway companies or other railway undertakings, despite the existence of a valid agreement or a final notice under paragraph in fact prevents the connection or the shared use 53 c para 5 2. a railway infrastructure despite the existence of a valid agreement or a final notice according to § 72 para 5 and 6 in fact prevents access to the railway infrastructure or the provision of other services, or 3 as railway companies despite the existence of a valid agreement or a final notice according to § 73 para 5 in fact prevents the provision of services.

70. § § 127 and 128 (new) are:



"127. (1) commits an administrative offence and is by the district administrative authority with a fine in case of recurrence fined to punish with up to 10 000 euro, up to 7 000 euro, who"



1. contrary to article 94, paragraph 1 or article 113, paragraph 1, an interoperability constituent on the market brings, 2. a regulation after is contrary to section 94, paragraph 2 or article 113, paragraph 2, or 3. contrary to § 94 paragraph 5 or § 113 paragraph 5 denied access to the business and premises or land serving the business and operation of the institutions of the district administrative authority.

(2) an administrative offence commits and is up to EUR 7 000 by the district administrative authority with a fine, to punish, who as a railway infrastructure company or railway undertakings in case of repetition up to 10 000 euro



1. violates § 122 no infrastructure corresponding to this provision or vehicle register created, published or updated annually, or 2. contrary to section 123 shall submit an infrastructure corresponding to § 122 or vehicle registration or updating annually to be made not in duplicate the Federal Minister for transport, innovation and technology.



128. (1) if the concession holder, an operating business or the responsible manager of a railway company that is authorized for the construction and operation of public railways persistently ignored the regulatory arrangements wider on the basis of this Federal Act, can order the authority a Manager.

(2) the administrator appointed by the authority is authorized to all judicial and extrajudicial transactions and acts that belong to the ordinary management of the railway. In particular he can take all actions that are required to the railway to operate correctly according to the legislation and the provisions of the concession and to get. He is under the supervision of railway to the same extent as the railway undertakings.

(3) the administrative costs shall be borne by the railway undertaking. The appointment of a liquidator does not exclude the imposition of penalties. The Administration should be repealed if a proper management by the bodies of the railway company is guaranteed."

71. § 129 (new) is eliminated.

72. the heading before section 130 (new) is new:



"2. main piece

Relationship to other and repeals

Relationship with other provisions of the law"

73. in section 130 (new) accounts for the paragraphs 1 and 6.

74. paragraph 130 paragraph 8 (new):



"(8) by this federal law, following European Community directives are implemented:"



1. Directive 91/440/EEC on the development of the railway companies of the community, as amended by Directive 2001/12/EC;

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

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

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 paragraph 130 (new), the following paragraph 10 is appended paragraph 9:



"(10) to the extent that this federal law refers the annexes to Directive 2001/16/EC on the interoperability of the conventional trans-European rail system, these are no. L 110 of the gryfia in the in the official journal of the European communities, to apply pages of 14-25 published."

76. the heading before section 131 (new) is as follows:



"Repeals"

77. the heading before section 132 (new) is as follows:



"3. main piece

Transitional provisions, enforcement, in force, except force

"Transitional provisions to the Federal law BGBl. Nr. 60/1957, Federal Law Gazette I no. 151/2001 and Federal Law Gazette I no. 67/2002"

78. in section 132 (new) accounts for the paragraph 3, 4 and 6.

79 paragraph 133 together with the heading:



"Transitional provisions to the Federal Act Federal Law Gazette I no. 38/2004"



I no. 38/2004 to the construction and operation of trams and branch lines, that are not networked with other main or branch lines, granted concessions entitle section 133 (1) at the time of the announcement of the Federal Act Federal Law Gazette continue to the provision of rail transport services on the railways designated in these concessions.


(2) at the time of the force of § 14 para 1 to 2 and 5 and 5a in the version of Federal Law Gazette I no. 38/2004 to the construction and operation of the main and branch lines, except branch lines that are not networked with other main or branch lines, granted concessions, the scope of the permission on the provision of passenger transport services in urban or suburban traffic or road freight in the regional , Urban, or suburban traffic on the railway covered by the concession goes, entitle the railway undertaking only within a period of one year from the promulgation of the Federal Act Federal Law Gazette I no. 38/2004 for the provision of rail transport services on the railways each designated in the licence. Is decided about three months before the expiry of this period brought apply for a marketing authorisation before expiry of the period, it extends for another year. A railway undertaking falling under this provision applies in this case and the grant of a marketing authorisation, or, if not within one year after the promulgation of the Federal Act Federal Law Gazette I no. 38/2004 it was decided on the request at the latest within the year as railway company; its concession is as far as a marketing authorisation, limited to the scope of the permission assigned in concession, just keep.

(3) at the time of the force of § 14 para 1 to 2 and 5 and 5a in the version of Federal Law Gazette I no. 38/2004 to the construction and operation of the main and branch lines, except branch lines that are not networked with other main or branch lines, granted concessions, the scope of the permission on the provision of passenger transport services in urban or suburban traffic or road freight in the regional , Urban, or suburban traffic on the railway covered by the concession is not beyond, entitle the railway undertaking only within a period of one year from the promulgation of the Federal Act Federal Law Gazette I no. 38/2004 for the provision of rail transport services on the railways each designated in the licence. Will be decided about tabled three months before the expiration of date apply for a transport licence before expiry of this period, with investigations, whether the conditions of article 17 are m, not perform, this period extends for another year. A railway undertaking falling under this provision applies in this case to the issuing of transport concessions, or, if not within one year after the promulgation of the Federal Act Federal Law Gazette I no. 38/2004 it was decided on the request at the latest within one further year as railway company; its concession is in this respect a transport licence, limited to the scope of the permission assigned in concession, just keep.

(4) at the time of entry of into force of section 14 para 1 to 2 and 5 and 5a in the version of Federal Law Gazette I para 2a, that only to the provision of passenger transport services in urban or suburban transport or only for the provision of road freight in regional, urban or suburban services on railway infrastructure of a railway infrastructure company authorize, entitle No. 38 / 2004 awarded concessions according to § 17 the concessionaire only more within a period of one year from announcement of the Federal Act Federal Law Gazette I no. 38 / 2004 for the provision in the Scope of the railway transport services designated in the licence. Will be decided about tabled three months before the expiration of date apply for a transport licence before expiry of this period, with investigations, whether the conditions of article 17 are m, not perform, this period extends for another year. A railway undertaking falling under this provision applies in this case to the issuing of transport concessions, or, if not within one year after the promulgation of the Federal Act Federal Law Gazette I no. 38/2004 it was decided on the request at the latest within one further year as railway company; its concession is as far as restricted in the concession according to § 17 para 2a just keep a transport licence, designated scope of permission.

(5) at the time of entry of into force of section 14 para 1 to 2 and 5 and 5a in the version of Federal Law Gazette I para 2a, which entitle, for the provision of rail transport services on railway infrastructure of a railway infrastructure company through passenger services in the city or suburban or via road freight in regional, urban or suburban, no. 38 / 2004 awarded concessions according to article 17, but not to the provision of rail transport services on all Austrian lines entitle , entitle the concessionaire only within a period of one year from the promulgation of the Federal Act Federal Law Gazette I no. 38/2004 for the provision to the extent of the rail transport services designated in the licence. Is decided about three months before the expiry of this period brought apply for a marketing authorisation or a transport licence before expiry of this period, where there are investigations, whether the conditions of article 17 are m, not making in case of applying for a transport licence, this period extends for another year. A railway undertaking falling under this provision applies in this case and the grant of a marketing authorisation or traffic licence, or, if not within one year after the promulgation of the Federal Act Federal Law Gazette I no. 38/2004 it was decided on the request at the latest within one further year as railway company; its concession is as far as restricted in the concession according to § 17 para 2a just keep a marketing authorisation, designated scope of permission.

(6) at the time of entry of into force of section 14 para 1 to 2 and 5 and 5a in the version of Federal Law Gazette I no. 38 / 2004 adopted decisions with those concessions according to § 17 para 2a, which entitle, for the provision of rail transport services on all Austrian main lines have been awarded, are whether the conditions of article 17 are b, officio taking any in this modest reported restrictions on the provision of a certain type of railway services within a period without carrying out investigations, by three months from this date as notices that a marketing authorisation is granted, new-to-adopt. Up to this new issue considered is the concession holder as railway undertakings and the concession a marketing authorisation equal keep. According to § 17, h para 1 is the requirement to meet for the first time in a period of five years from the opening of operation after award of the before mentioned concession and before the end of this five-year period.

(7) at the time of entry of into force of section 14 para 1 to 2 and 5 and 5a in the version of Federal Law Gazette I no. 38 / 2004 adopted decisions which Europe concessions were awarded, are whether the conditions of article 17 are b, officio taking any in this modest reported restrictions on the provision of a certain type of railway services and elimination without carrying out investigations, in according to § 17a para 2 first sentence as amended by the Federal Act Federal Law Gazette. I no. 15 / 1998 specified period within a period three months from this date as the notices, which a marketing authorisation is granted to adopt. Up to this new issue considered is the concession holder as the railway companies and the European concession a marketing authorisation equal keep. According to § 17, h para 1 is the requirement to meet for the first time in a period of five years from the opening of operation after awarding the concession of Europe and before the end of this five-year period.

(8) before the date of the force of the § 14 para 1 to 2 and 5 and 5a in the version of Federal Law Gazette I no. 38/2004 in the Federal Ministry for transport, innovation and technology after § 17 para 2a in the version of Federal Law Gazette I no. 15 / 1998 tabled proposals to award the licence as railway undertakings can by applicants within one month from the entry into force of § 14 para 1 to 2 and 5 and 5a in the version of Federal Law Gazette. I no. of 38/2004 documents to be in l by presenting all in accordance with § 17a of fair for documents in requests to grant a marketing authorisation or by presenting all in accordance with section 17 be converted into applications to issuing transport concessions.


(9) prior to the date of the force of § 14 para 1 to 2 and 5 and 5a in the version of Federal Law Gazette I no. 38 / proposals tabled at the Federal Ministry of transport, innovation and technology in 2004 to award the European concession can by applicants within one month from the entry into force of § 14 para 1 to 2 and 5 and 5a in the version of Federal Law Gazette I no. 38 / fair in 2004 by presenting all in accordance with § 17a documents in requests to grant a Marketing authorisation are converted.

(10) § 57 Z 2-4 and section 58 are railway companies headquartered in the Swiss Confederation only to apply, as far as the reciprocity is guaranteed.

(11) up to section 57 is the expiration of the March 15, 2008 to apply Z 4 with the proviso, that railway undertakings I of Directive 91/440/EEC on the development of railway undertakings in the community, as amended by Directive 2001/12/EC are entitled access based in another Member State of the European Union or in another Contracting Party of the agreement on the European economic area for other cross-border rail transport services in the transport of goods only on the trans-European rail freight network in the sense of Article 10a and annex."

80. before paragraph 134 (new) eliminates the outline title "Section IX.".

81st the following paragraph 5 is added to article 135 paragraph 4 (new):



"(5) the 5th part (sections 53a to 53f and headings), the 6th part (sections 54 to 75 along with headings), article 77, paragraph 1, section 81 subsection 2 and the second as well as the third major piece of the 8 part (sections 103 to 123 with headings), § 125, § 126, section 127 and article 130 paragraph 10 as amended by Federal Law Gazette I 38/2004 No. one month after the promulgation of the Federal Act Federal Law Gazette I no. 38 / 2004 following the first month in force." "With the entry in force of the § 14 para 1 to 2 and 5 and 5a in the version of Federal Law Gazette I 38/2004 is no. Europe concession regulation, Federal Law Gazette II No. 330/1998, except force."

82. in paragraphs 11 and 34 is the phrase "Federal Ministry for transport and electricity generation and transmission" by the phrase "Federal Minister for transport, innovation and technology", in the section 19 para 4, 46 and 50 para. 2 the phrase "The Federal Ministry for transport and electricity generation and transmission" by the phrase "The Federal Minister for transport, innovation and technology" and in §§ 40 para 1 and 134 (new) the phrase "the Federal Ministry for transport and electricity generation and transmission" by the phrase "the Federal Ministry of transport ", Innovation and technology" replaced.

84. in paragraph 12 paragraph 4, 13 para of 4, 14 para 4, 36 para 3 and 49 para 1 and 3 is the phrase "Federal Minister for public economy and transport" by the phrase "Federal Minister for transport, innovation and technology" replaced.

85th in the §§ 4 para 1 Z 2, 13 para of 3, 76, para 2-4, 77 para 4, 79 para 2 through 4 and 85 is the phrase "Federal Minister for science and transport" by the phrase "Federal Minister for transport, innovation and technology" and in § 79 par. 1 and 82 paragraph 1 the phrase "Federal Minister for science and transport" by the phrase "Federal Ministry of transport ", Innovation and technology" replaced.

86. at the end of headings, set points are eliminated.

87. the s case is adapted to the new spelling.

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