Notice On The Fee For The Use Of The State's Rail Network And On Environmental Subsidies For Freight Transport On Rail

Original Language Title: Bekendtgørelse om betaling for brug af statens jernbanenet og om miljøtilskud til godstransport på jernbane

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Notice on the fee for the use of the State's rail network and on environmental subsidies for freight transport on jernbane1)

Pursuant to § 9, paragraph 6, § 11 and § 24 h, paragraph 1, of the law on rail, see. lovbekendtgørelse nr. 1249 of 11. November 2010, fixed: § 1. Railway undertakings shall pay charge for driving on the State railway infrastructure in the form of mileage charge and capacity charge and toll collection for the passage of the great belt and Øresund. These charges are referred to collectively as infrastructure charges.

§ 2. Banedanmark sets rates for mileage charge and capacity tax in accordance with the rules in section 3.

(2). Banedanmark also sets procedures for levying of infrastructure charges, what kinds of drive which is exempted from infrastructure charges, what services should provide for banedanmark infrastructure charges and cancellation and revocation of channels.

(3). Banedanmark lays down rules for a mandatory performance scheme with a view to encouraging infrastructure manager and railway undertakings at the State railway infrastructure to optimize rail netted functionality, and so that there can be paid penance or bonus as a result of delayed trains on the basis of the cause of the delays. Traffic performed by railway companies and regional traffic on the S-train network as well as materieltog are not covered by the performance scheme.

(4). BOD or bonus is determined on the basis of a channel regularity, which is fixed at delays over 4 min and 59 sec. or emergency cancellation (less than 72 hours before scheduled departure).

(5). Banedanmark establishes a registration system for use by the recording of the actual delays and the reasons therefor.

(6). Banedanmark establishes infrastructure charges and performance scheme in a notice.

(7). Infrastructure charges and penalties or bonuses shall be levied or paid by banedanmark.

§ 3. Mileage charge may be the same for all trains or differential between freight trains and passenger trains. Kilometre charges fixed as the short-term marginal cost, as the State's railway infrastructure is applied by an average train ride on railway infrastructure.

(2). On sections where there is a shortage of capacity, which in the daytime will be charged a capacity charge, with a view to optimising the infrastructure.

(3). All changes of tax rates, with the exception of continuous price adjustments, should as far as possible, be notified of banedanmark at least 12 months before the entry into force of the amendments concerned.

§ 4. For the passage of the great belt fixed link paid the following bridge toll (excl. VAT): 1) For passenger trains paid 6,611.08 € per train.

2) For freight trains paid 6,132.73 € per train.

(2). For passage of the Danish part of the Øresund link paid the following bridge toll (excl. VAT): 1) For passenger trains paid 2,073.88 € per train.

2) For freight trains paid 2,509.31 € per train.

(3). Banedanmark make once a year, for the first time on 1 October. January 2013, in the light of developments in the overall price and lønindeks an adjustment of the amount payable for the passage of the great belt fixed link and the Danish part of the Øresund link, and lay down in an Ordinance the amount that will be paid.

§ 5. Railway undertakings may qualify for an environmental subsidy of banedanmark on the basis of the Bill of lading for the carriage of goods by rail) 1 between two locations on the managed by the State rail network, 2) by rail transport between a place on the State-managed railway network and a foreign locality, or 3) in the case of intermodal transport operations referred to in paragraph 2 between two foreign locations.

(2). Intermodal transports, justifying the payment of environmental subsidies, include the transport of standardised cargo carriers (trailers, swap bodies or containers), passing in transit through Denmark, and as for at least one end of the carriage omlæsses into or out of the truck.

(3). Environmental grant size and the conditions of its payment shall be laid down in a decree of banedanmark out from the proceeds, as freight trains are paying in tax and possible capacity charge mileage divided by the total number of eligible tonkm. Over-or deficit can be offset in a subsequent year.

(4). Changes of environment financial contribution can be done with 1 month's notice.

(5). Environmental grant is paid by banedanmark.

§ 6. The notice shall enter into force on the 1. January 2012.

(2). The provisions of § 5 has effect from 1. January 2011.

(3). Executive Order No. 1467 of 16. December 2010 on course fees and on environmental subsidies for freight transport on rail are hereby repealed.

The Ministry of transport, the 16. December 2011 Henrik Dam Kristensen/Mikkel Sune Smith Official notes 1) Executive order implementing parts of a European Parliament and Council Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification, the official journal of the European Union 2001 nr. L 75, p. 29.