Law Amending And Supplementing The Law On Rail Transport

Original Language Title: Закон за изменение и допълнение на Закона за железопътния транспорт

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15627/

Name of law Law amending and supplementing the law on railways of the Name Bill a bill amending and supplementing the law on railways of acceptance Date 26/02/2016 number/year Official Gazette 19/2016 Decree No 47

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on rail transport, adopted by the National Assembly of HLIIÌ 26 February 2016.

Issued in Sofia on 8 March 2016.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Catherine Dana

LAW

amending and supplementing the law on railways (official SG. 97 2000; amend., 47/96 and 2002/70 and 115 of 2004 No. 77 and 88 of 2005, issue 36, 37, 62, 92 and 108 of 2006, issue 22, 35, 74 and 81 of 2009, issue 87 of 2010. , PC. 47 by 2011, issue. 15 and 68 from 2013 and St. 17 and 47 by 2015.)

§ 1. Article 1 shall be amended as follows:

"Art. 1. This law defines the conditions and procedures for the construction, maintenance, development and operation of the railway infrastructure, safety requirements and interoperability, as well as the relationship between the carriers and customers in the provision of railway transport services. "

§ 2. In art. 6 create al. 5, 6 and 7:

(5) "Executive Agency" Railway Administration "is independent in the performance of their functions and in making decisions, including infrastructure managers, authorities charge fees allocation bodies and applicants. Executive Agency "Railway Administration" is functionally independent of any competent authority involved in the award of public service contracts in the field of rail transport.

(6) the Executive Agency "Railway Administration" shall adopt rules for the implementation of the exchange of information and cooperation between the Executive Agency "Railway Administration" as a regulatory authority and as the safety authority, on the one hand, and the licensing authority, on the other hand, in order to prevent adverse effects on competition or the safety of the rail services market. Agreed with the licensing authority.

(7) the rules referred to in paragraph 1. 6 is governed and the procedure for making recommendations by:

1. the regulatory authority and the safety authority of licensing authority on matters that may affect competition in the market for railway services;

2. the safety authority and the regulatory authority of the licensing authority on matters that may affect safety; in the event that the recommendations are not adopted, the relevant authority is required to state the reasons. "

§ 3. In art. 7, para. 1 make the following amendments and additions:

1. In paragraph 1, the words "and the performance of public service obligations ' shall be deleted.

2. Create a new item 10 and 11:

"10. the monitoring of the conditions of competition in the market of railway services and provide the European Commission annually with the necessary information for the use of networks and the evaluation of the framework conditions in the rail sector;

11. control the infrastructure managers and operators of installations in the determination of fees for the use of railway infrastructure and accordingly of auxiliary facilities, including in order to prevent discrimination against applicants and preserve the equilibrium of the rail services market. "

3. Current item 10 becomes 12.

§ 4. In chapter one creates art. 8A: "art. 8A. (1) the Executive Agency "Railway Administration" shall be managed by its Executive Director, who shall be appointed by the Minister of transport, information technology and communications after consultation with the Prime Minister.

(2) the Executive Director shall appoint and dismiss employees in the Executive Agency "Railway Administration". "

§ 5. In art. 10, para. 1 is hereby amended as follows: 1. In paragraph 4, the words "carriers" are replaced by "with the applicants.

2. In paragraph 6, the word "hauliers" is replaced by "applicants".

3. In paragraph 7, the word "hauliers" is replaced by "applicants".

§ 6. In art. 20, para. 1 item 9 shall be established:

"9. provides to applicants, and at their request – and the potential applicants access to draft documents under art. 15, item 9 and 10 before being approved by the Governing Council, within 14 days from the provision of access can provide an opinion with respect to the conditions of access and use, and infrastructure development. "

§ 7. In art. 23 al. 1 shall be amended as follows:

(1) national company "railway infrastructure" shall draw up an annual reference document of the railway network in consultation with stakeholders. The reference document contains the parameters for the operation of the railway infrastructure parameters of the equipment, including protective equipment, information on the conditions for access and service facilities, the infrastructure fees and prices for services on the price list, the principles and criteria for capacity allocation, restrictions on the use of the infrastructure, the time limits and procedures for the submission of applications to obtain capacity and others. "

§ 8. In art. 25 the following amendments and supplements: 1. a new paragraph. 3:

"(3) the minimum content of the Treaty under paragraph 1. 1 shall be determined by the Ordinance under art. 29, para. 3, item 2. "

2. a para. 4:

"(4) the Director General of the national railway infrastructure company provides to applicants, and at their request – and the potential applicants access to the draft treaty under paragraph 1. 1. applicants and potential applicants within 14 days from the granting of the contract can provide an opinion on it. The contract shall be published on the website of the national company "railway infrastructure" within one month after its conclusion. Of railway infrastructure manager comply business plan with the Treaty. "

3. The current paragraph. 3 it al. 5.

§ 9. In chapter II the title of section III shall be replaced by the following: "the use of railway infrastructure and service facilities.

§ 10. In art. 31 al. 2 shall be replaced by the following: "(2) railway undertakings have the right of equal access to the railway infrastructure, service facilities, as well as when performing cross-border services under the conditions laid down in this law and the international treaties to which the Republic of Bulgaria is a party. This right includes access to the infrastructure that connects the sea and river ports with other serving equipment and infrastructure that serves or may serve more than one end user. "

§ 11. In art. 32 make the following amendments and supplements: 1. Paragraph 3 is replaced by the following:

"(3) the applicants may not cede their capacity provided. In the event that sublet the capacity, they are not eligible to participate in the allocation of capacity. "

2. a para. 4:

"(4) will not be considered for assignment to the use of the capacity of a railway undertaking when the latter performed the activities of the applicant who is not a railway undertaking.

§ 12. In art. 33 following amendments and supplements shall be made: 1. In para. 1, the first sentence after the word "licence" is a comma, add ", including the annex thereto concerning financial coverage of civil liability in accordance with the Commission implementing Regulation (EU) 2015/171 of 4 February 2015 concerning certain aspects of the procedure for the licensing of railway undertakings (OJ, L 29/2 of 5 February 2015)" and a comma.

2. a new paragraph. 2:

"(2) the terms of the contract under paragraph 1. 1 must be non-discriminatory and transparent. The terms of the contract shall be agreed with the Executive Agency "Railway Administration". "

3. the Previous para. 2, 3 and 4 shall become respectively al. 3, 4 and 5.

§ 13. In art. 35 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

(1) the fees for the use of railway infrastructure and service facilities shall be paid by the applicants, respectively, of the infrastructure manager and operator of the service facility and be used to finance their activities. "

2. a new paragraph. 2:

"(2) the charges for the minimum access package and for access to the infrastructure that connects service facilities shall be set at the level of the direct costs incurred in operating the train service.

3. The current paragraph. 2 it al. 3 and it also creates a second sentence: "the amount of the fees for service facilities and access to them shall be determined by the operator of the service facility in accordance with the established methodology of it."

4. The current paragraph. 3 it al. 4 and in her words "the annual report on the actual state of the network" shall be replaced by the "reference document of the railway network.

5. the Previous para. 4 and 5 become respectively al. 5 and 6.

§ 14. In art. 37, para. 1, after the words "official" there shall be added "and is valid for the territory of the European Union".

§ 15. In art. 42, para. 1, item 1 (c) shall be replaced by the following:

"c) has started insolvency proceedings, when the licensing authority has convincing evidence that there is no realistic prospect of satisfactory financial restructuring within the period agreed by the holder of the licence, or is bankrupt."

§ 16. In art. 43, para. 1 creating the second sentence: "this right includes access to the infrastructure that connects service facilities."

§ 17. In art. 48A para. 2 shall be replaced by the following: "(2) Carriers self-identify their internal organization, take decisions on personnel and their assets, their business plan, investment and financial programs, as well as the means of their implementation, expand its market share in accordance with the conditions of the market, develop new technologies and services and deploy innovative management techniques."


§ 18. Art is created. 49A:

"Art. 49 a. Publicly owned or State-controlled railway undertakings shall put in place appropriate mechanisms to reduce their indebtedness and achieving good financial management. "

§ 19. In art. 54, para. 4 Finally, the comma and added "hereinafter referred to as" Commission Regulation (EC) No 1370/2007 ".

§ 20. In art. 61 the words "transmission of a copy of the consignment note" shall be replaced by the words "the signing of the adoption of the Bill of lading or cargo".

§ 21. Article 80 shall be amended as follows:

"Art. 80. (1) the contract for the carriage of goods shall be deemed to have been concluded by the time the carrier in the station of departure, once you accept the cargo for carriage, frame and stamp datniâ stamp with a transport document and forward a copy to the sender.

(2) where a transport document used electronic bill of lading, the contract for the carriage of goods shall be deemed to have been concluded by the time the carrier, after accepting the cargo for carriage, verify by signature on the Bill of lading the cargo acceptance. "

§ 22. Article 82 shall be replaced by the following:

"Art. 82. The cargo is considered to be accepted for carriage by the carrier at the time when the station of departure to take it together with the consignment note. Date of acceptance for carriage of the cargo shall be certified by passing the datniâ seal of the carrier on the consignment note, when using an electronic bill of lading – culminating in an electronic signature by the carrier on the waybill, stating acceptance of the cargo with the specified signing date and time. "

§ 23. In art. 83 create al. 5, 6, 7, 8 and 9:

"(5) the parties to the transport contract may agree to use an electronic consignment note, to which the documents referred to in paragraph 1. 4, through an electronic data registration, referred to in art. 84.

(6) the methods used for the registration and processing of the data referred to in para. 5, must be equivalent to the methods used for the registration and processing of data of the paper form, specifically as regards the probative of the consignment note, which sets out these details.

(7) in the event of a change in the data of the electronic consignment note in the cases provided for in this law, the original data is stored.

(8) the carrier shall be obliged to keep the electronic consignment note, by ensuring the authenticity of the origin, the integrity and reliability of the content, through appropriate protection of file and within the statutory deadlines.

(9) the electronic consignment note and accompanying documents can be printed on paper. In order to have evidentiary value, the printout of the electronic consignment note shall contain the date and time of printing of the automated system, stamp, signature and endorsement "true" of the carrier. "

§ 24. In art. 92 following amendments and supplements shall be made: 1. The current text becomes paragraph. 1 and in her words "datniâ print luggage" shall be replaced by "print" datniâ of the carrier.

2. a para. 2:

"(2) where a transport document used electronic bill of lading, the contract for the carriage of goods is considered to be executed at the moment when the consignee or his authorised representative, after having received the load waybill certified by signature on the receipt."

§ 25. In art. 109, para. 1 everywhere the word "liberate" is replaced by "sign".

§ 26. In art. 114, para. 3 the words "border agreements" shall be replaced by "cross-border agreements", after the word "parties" a comma and add "as these conditions do not restrict freedom of railway undertakings to carry out cross-border services.

§ 27. In art. 115 e is hereby amended as follows:

1. In paragraph 8. 3 the words "railway carriers" are replaced by "railway undertaking".

2. in the Al. 4, the words "railway carriers" are replaced by "railway undertaking".

3. in the Al. 6 the words "railway carriers" are replaced by "railway undertaking".

§ 28. In art. 115 is the following modifications are made:

1. In paragraph 8. 1 the words "railway carriers" are replaced by "railway undertaking".

2. in the Al. 5, the words "rail carrier" shall be replaced by ' railway undertaking '.

3. in the Al. 6 the word "carrier" shall be replaced by "railway undertaking".

§ 29. In art. 115 g al. 1 shall be amended as follows:

"(1) the Executive Director of the Executive Agency" Railway Administration "takes the certificate referred to in art. 115, para. 1, when a year after its issue is not a railway undertaking carried out carriage respectively has not benefited the certificate for its intended purpose. "

§ 30. In art. 115 and, al. 4, the words "railway carriers" are replaced by "railway undertaking".

§ 31. In art. 115 k the following modifications are made:

1. In paragraph 8. 2 the word "Hauliers" is replaced by "railway undertaking".

2. in the Al. 3 the words "rail carrier" shall be replaced by ' railway undertakings ".

§ 32. In art. 115 l, al. 2 the word "Hauliers" is replaced by "railway undertaking".

§ 33. In art. 116 following amendments and supplements shall be made:

1. In paragraph 8. 2 the words "railway carriers" are replaced by "railway undertaking".

2. Paragraph 5 shall be replaced by the following: "(5) the Executive Agency" Railway Administration "exercise control on its own initiative or following a complaint the applicants consider that they are unfairly treated, discriminated against or harmed in any way, as well as on appeals against decisions of the infrastructure manager, the railway undertaking or the operator of a service in respect of the facility:

1. draft and final version of the reference document for the rail network;

2. the criteria set out in the reference document;

3. capacity allocation process and its result;

4. the imposition of fees;

5. the level or structure of infrastructure fees whose payment due or may be imposed;

6. rules for access to the railway infrastructure, including international services for the carriage of passengers, the service facilities and additional services;

7. access to and the imposition of fees for services in the service facilities for additional and ancillary services. "

3. a new paragraph. 6:

"(6) the Executive Director of the Executive Agency" Railway Administration "carries out a survey of appeal under para. 5 within one month of their admission. "

4. Al are created. 7, 8, 9 and 10:

"(7) the period referred to in para. 6, the Executive Director of the Executive Agency "Railway Administration" may require additional information and/or to initiate consultations with all stakeholders. The time limit for the receipt of information and/or consultation may not be longer than one month and may be extended in exceptional circumstances, with no more than two weeks.

(8) the Executive Director of the Executive Agency "Railway Administration" by a reasoned decision of appeal under para. 5, within 6 weeks of receiving all required information or from the receipt of the complaint, in the event that additional information was required under para. 7. (9) with the decision under paragraph 1. 8 the Executive Director of the Executive Agency "Railway Administration":

1. allow the appeal without respect;

2. the repealed Act and/or ordered the suspension of the operation and specify the action to be taken.

(10) the decision referred to in paragraph 1. 8 may be appealed pursuant to the administrative code.

5. The current paragraph. 6 it al. 11.

§ 34. In art. 117 the following modifications are made:

1. In paragraph 8. 1 the word "hauliers" is replaced by "railway undertaking".

2. in the Al. 2:

a) in paragraph 1 the word "hauliers" is replaced by "enterprises";

b) in item 3, 4, 6 and 9, the word "hauliers" is replaced by "railway undertaking".

§ 35. In art. 121, para. 3 the word "operator" is replaced by "railway undertaking" and the word "carrier" shall be replaced by "railway undertaking".

§ 36. In art. 125 is hereby amended as follows: 1. In para. 1 the word "carrier" shall be replaced by "railway undertaking".

2. in the Al. 3 the word "carrier" shall be replaced by "railway undertaking".

§ 37. In art. 126, para. 1 in the text before paragraph 1 the word "carrier" shall be replaced by "railway undertaking".

§ 38. In art. 127 in the text before paragraph 1 the word "carrier" shall be replaced by "railway undertaking".

§ 39. In art. 128 following amendments and supplements shall be made:

1. In paragraph 8. 1 creating the second sentence: "the penalty in the first sentence and the railway undertaking carry out or arrange for the carriage of goods without safety certificate."

2. in the Al. 2 the words ' certificate for the safety of the rail carrier "shall be replaced by" the safety certificate, the railway undertaking and which does not have the safety certificate ".

3. in the Al. 5, the words "rail carrier" shall be replaced by the words "railway undertaking".

§ 40. In art. 129, para. 4, the words "rail carrier" shall be replaced by ' railway undertaking '.

§ 41. In art. 135 the following modifications are made:

1. In paragraph 8. 2 the word "operator" is replaced by "railway undertaking".

2. in the Al. 5 the word "operator" is replaced by "railway undertaking".

§ 42. In art. 136 the following modifications are made:

1. In paragraph 8. 1 the words "rail carrier" shall be replaced by the words "railway undertaking" and the words "other carrier" shall be replaced by "another railway undertaking".

2. paragraph 2 is replaced by the following:

"(2) the punishment under para. 1, when non-compliance with the obligation or affecting the railway undertaking is associated with some of the following documents or circumstances:

1. the reference document for the rail network, including its consultation process and issue;

2. the criteria set out in the reference document;

3. capacity allocation process and its result;

4. the imposition of fees;

5. the level or structure of infrastructure fees whose payment due or may be imposed;

6. the contract for access, process for its preparation, consultation and conclusion;


7. the rules for access to the railway infrastructure, including international services for the carriage of passengers, the service facilities and additional services;

8. access to and the imposition of fees for services in the service facilities for additional and ancillary services. "

3. in the Al. 3 the word "operator" is replaced by "railway undertaking".

§ 43. Article 137 shall be amended as follows:

"Art. 137. A fine from 500 to 5000 EUR or with a proprietary sanction from 1000 to 10 000 BGN. a person who does not provide the information requested by the Executive Agency "Railway Administration", for the capacity of rail infrastructure, ways of its distribution and its result, reference document, access, provision of services and infrastructure, the imposition of fees and charges for the services in the service facilities, the cost of the infrastructure and all other data and facts relating to the implementation of the regulatornite and the control functions of an Executive Agency "Railway Administration". "

§ 44. Article 138 shall be amended as follows:

"Art. 138. A fine of 1000 to 10 000 BGN. or with a proprietary sanction from 5000 to 30 000. a person who fails to comply with a mandatory requirement of the employees issued under art. 117, para. 2, disposition, prescription or enforceable decision issued by the Executive Director of the Executive Agency "Railway Administration". "

§ 45. In § 1 of the additional provisions are made the following amendments and supplements: 1. In paragraph 1, after the words "ensure the safety of the movement" a comma and add "road access for passengers and cargo, including road access, and access for passengers arriving or leaving on foot."

2. In paragraph 2, the words "railway carriers" are replaced by "railway undertaking".

3. In paragraph 7, the word "hauliers" is replaced by "railway undertakings".

4. Point 8 is replaced by the following:

"8." rail transport licence "means a document issued to a railway undertaking by the licensing authority, which is recognized by its capacity to provide rail transport services by rail carrier. This capacity may be limited only to the provision of specific types of services. "

5. In paragraph 27, the words "safety certificate of the rail carrier" is a document proving that the rail carrier has built "are replaced by" safety certificate "means a document proving that the railway undertaking has established".

6. Create t. 42-51:

"42." Transboundary agreement "means an agreement between two or more Member States of the European Union, or between Member States and third countries, intended to facilitate the provision of cross-border rail services.

43. "applicant" means a railway undertaking or railway undertakings an international group, or others, such as competent authorities in accordance with Regulation (EC) No 1370/2007 and tovaroizpraŝači, freight forwarders and combined transport operators that their infrastructure capacity with a view to ensuring the public service or commercial interest.

44. "Side tracks for storage sidings are side tracks, intended for temporary storage sidings of railway vehicles during the period between the two trips.

45. "heavy maintenance services" are activities that are not carried out routinely as part of daily activities and require the vehicle to be decommissioned.

46. "Licensing Authority" means the authority responsible for issuing licences, which the Republic of Bulgaria is the Minister of transport, information technology and communications or an official authorised by him.

47. network rail infrastructure is managed by the Manager of the rail infrastructure.

48. a "facility Operator" is the installation, including the terrain, building and equipment that was custom-built in whole or in part, to allow the provision of one or more of the following services:

a) access, including access to rail, to the following installations, where they exist, and to services provided in these facilities:

Ah) passenger stations, their buildings and other facilities, including the designation of travel information and suitable place for ticket service service;

BB) freight terminals;

BB) distribution stations and facilities for composing trains, including facilities for the maneuver;

yy) side tracks for storage sidings;

DD) equipment for maintenance, with the exception of heavy maintenance facilities, designed for high-speed trains or other types of rolling stock, requiring special equipment;

EE) other technical facilities, including facilities for the cleaning and washing;

Gg) marine and inland port facilities, railway-related activities;

HH) facilities for the provision of technical assistance;

AI) facilities for loading fuel and supplies of fuel in these facilities, the fees for which are shown separately on the invoice;

(b)) additional services, which may include:

aa) power drive, the fees for which are shown in the invoice separately from fees for the use of power supply equipment, without prejudice to the application of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (OB, L 211/55 of 14 August 2009);

BB) pre-heating of passenger trains;

BB) special agreements for the control of the transport of dangerous goods;

yy) special assistance contracts for the movement of trains with special purposes;

c) ancillary services, which may include:

aa) access to telecommunications networks;

BB) provide additional information;

BB) technical inspection of rolling stock;

yy) ticket service customer service passenger stations;

DD) heavy maintenance services provided in facilities designed to support high-speed trains or other types of rolling stock, requiring special facilities.

49. "ticket" is a passenger transport document, drawn up on paper or paperless equivalent, including in electronic form, attesting to the existence of a contract for the carriage of a passenger, issued or authorised by the rail carrier, tour operator or travel agent.

50. "the framework conditions in the rail sector" are terms of imposition of charges for the use of infrastructure, the allocation of capacity investment in railway infrastructure, price trends and the quality of rail transport services, railway transport services covered by public service contracts, licensing and the degree of market opening and the harmonisation between Member States on employment trends and the social conditions in the rail sector.

51. "service" facility operator e person or its structure, which is responsible for the management of one or more installations or for provision of railway undertakings of one or more of the services referred to in point 48. "

Additional provisions

§ 46. (1) the State may grant State aid for the payment of debts or interest due on debts incurred by railway undertakings, which are publicly owned or controlled, in accordance with the applicable rules on State aid.

(2) for the implementation of the requirement of para. 1 respectively debts interest due on debts must be incurred before 1 January 2007.

§ 47. This law introduces the requirements of Directive 2013/34/EC of the European Parliament and of the Council of 21 November 2012 to create a single European railway area (OJ L 343/32 of 14 December 2012).

The law was passed by the National Assembly-43 on 26 February 2016 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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