Key Benefits:
The President of the Republic,
On the Prime Minister's Report,
Given the Convention on International Carriage by Rail, signed at Bern on 9 May 1980 and published by Decree No. 87-722 of 25 August 1987, together Decree No. 91-497 of 15 May 1991 on the publication of the Appendices to the said Convention as amended and applicable as from 1 January 1991, and Decree No. 95-814 of 20 June 1995 on the publication of the additional provisions to the uniform rules of the Convention;
Having regard to Regulation 1191 /69/EEC of 26 June 1969 on the action of the Member States in respect of obligations inherent in the Concept of public service in the field of transport by rail, road and inland waterway, as amended by Regulation 1893 /91/EEC of 20 June 1991;
In view of Council Directive 91 /440/EEC of 29 July 1991 on the development of Community railways, as amended by Directive 2001 /12/EC of 26 February 2001;
Having regard to Council Directive 95 /18/EC of 19 June 1995 on the licences of railway undertakings, as amended by Directive 2001 /13/EC of 26 February 2001;
In view of Directive 2001 /14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity, rail infrastructure charging and the certification of rail infrastructure Security;
Due to Act No. 82-1153 of 30 December 1982, as amended from the direction of inland transport;
In view of Act No. 97-135 of 13 February 1997 establishing the establishment of the public establishment " French rail network " For the renewal of transportation Railway, as amended by Act No. 2002-276 of 27 February 2002;
In view of Decree No. 83-816 of 13 September 1983 relating to the domain entrusted to the Société nationale des chemins de fer français, as amended by Decrees 88-199 of February 29, 1988, No. 88-563 of 5 May 1988 and No 96-1058 of 2 December 1996;
In view of Decree No. 83-817 of 13 September 1983 approving the terms of reference of the Société nationale des chemins de fer français, as amended by Decrees No. 94-606 of 19 July 1994 And No. 99-11 of 7 January 1999;
Having regard to Decree No. 97-34 of 15 January 1997 concerning the deconcentration of individual administrative decisions, as amended by decrees No. 97-463 of 9 May 1997 and No. 97-1205 of 19 December 1997, together with the decree N ° 97-1198 of 19 December 1997 for the application to the Minister of Equipment, Transport and Housing of 1 ° of Article 2 of Decree No. 97-34 of 15 January 1997 on the deconcentration of individual administrative decisions;
In view of Decree No. 97-444 of 5 May 1997 on the missions and statutes of Réseau ferré de France, as amended by Decree No. 99-11 of 7 January 1999;
In view of Decree No. 97-445 of 5 May 1997 establishing the initial heritage of the establishment Public Réseau ferré de France;
Given the decree n ° 97-446 of 5 May 1997 on charges for the use of the national rail network;
Given the decree n ° 2000-286 of 30 March 2000 on the safety of the national rail network;
Given the decree n ° 2001-1116 of 27 November 2001 concerning the transfer of powers in the field of collective transport of regional interest;
In view of the opinion of the board of the Société nationale des chemins de fer français dated 29 January 2003;
Le Conseil d' Etat (section of public works) heard;
The Council of Ministers heard,
Describes:
Network of France ensures that all Railway undertaking or any international grouping of railway undertakings referred to in Article 2 and meeting the conditions laid down in Article 3 shall have access, without discrimination, to the national rail network, including access lines to Terminals and ports defined in the schedule to this Order.
It may enter into any agreement to ensure the provision of services related to activities in terminals and ports that serve or may serve more than one end customer Railway undertakings and international groupings referred to in the first subparagraph.
Without prejudice to the provisions of Article 18 of the aforementioned Act of 30 December 1982, have a right of access to the national rail network:
1 ° Railway undertakings established in a Member State of the European Union with a view to exploiting International freight transport services on the lines belonging to the trans-European rail freight network defined in the Annex to this Decree and, as of 15 March 2008, on the whole national rail network;
2 ° Les Railway undertakings established in a Member State of the European Union with a view to the operation of international combined goods transport services;
3 ° The international groupings of railway undertakings established in France and In at least one Member State of the European Union with a view to the operation of international transport services between the Member States in which the railway undertakings are
. Railways established in Member States of the European Union to the exclusion of France has a right of transit which allows the use of the infrastructure of the national rail network without conferring the right to operate services on the National territory.
I. -The right of access to the national rail network shall include for any railway undertaking or International grouping referred to in Article 2, the right to the following minimum benefits: the processing of its requests for infrastructure capacity, the right to use the capacity allocated to it, the use of the connections and Network needles, signalling, regulation, management of traffic, communication and provision of information concerning the movement of trains and any other information necessary for the implementation or operation The service for which the capabilities have been assigned to it.
The right of access to the rail network shall also include the right of access to the following equipment: electrical traction installations, including transport installations and Distribution of traction power, fuel supply infrastructure, passenger terminals including buildings and other infrastructure, freight terminals, yards, stations Training, storage stations, maintenance centres and other technical infrastructures.
French railway network of France and the Société nationale des chemins de fer français are responsible, each as far as it is concerned, to satisfy without Any claim for benefits listed in I.
II. -Any railway undertaking or international grouping referred to in Article 2 may apply for the following additional benefits: the supply of the traction current, the preheating of the cars, the supply of the fuel, Manoeuvring services and all other services provided to facilities provided for in the I, custom contracts for the control of the transport of dangerous goods, or assistance in the movement of special convoys.
Any railway undertaking or international grouping referred to in Article 2 may also apply for related benefits including access to the telecommunications network, the provision of additional information and Technical control of rolling stock.
As soon as Réseau ferré de France and the Société nationale des chemins de fer français provide one of these complementary or related benefits, they must provide it without discrimination to all Enterprise or grouping that requests it.
III. -Access by the network to the minimum benefits referred to in the first subparagraph shall be subject to the payment of infrastructure charges in accordance with the conditions laid down in Decree No. 97-446 of 5 May
. Service equipment referred to in the second aliena of the I shall be paid equal to the cost directly attributable to the operation of the service under consideration.
The provision of the related or related benefits referred to in II Payment of remuneration that is equal to the cost of the service when the service is rendered by a supplier in a monopoly situation.
The terms and conditions of this Article shall be defined, as appropriate, by order The joint ministers responsible for transport, the economy and the budget.
To practice on the national rail network Transportation of goods and passengers or only one of these classes of transportation, the railway undertakings referred to in section 2 shall hold:
1 ° of a railway undertaking licence issued by the Minister In charge of transport or by the competent authority of the Member State of the European Union where it is established, corresponding to the categories of transport carried out;
2 ° of a safety certificate issued by the Minister responsible for transport Services envisaged and the lines borrowed.
They must also be assigned the necessary infrastructure capacity for the envisaged service and have the necessary technical and personnel resources to ensure the traction of the
An international grouping of railway undertakings shall be subject to the same obligations as a railway undertaking, unless all the railway undertakings which comprise it already comply with those obligations. If the international grouping does not have legal personality, each of the railway undertakings that comprise it must comply with these obligations
Obtaining the railway enterprise license is subject to compliance with the conditions set out in Articles 6 to 9 and Relating to professional capacity, financial capacity, good repute and risk coverage.
Licence applicants meet the condition of professional capacity if they justify:
a) That they have the knowledge, experience and management organization to exercise operational control and Safe and effective monitoring of the type of transport designated in the licence;
(b) That personnel assigned to a security function, including agents of conduct, have the clearance provided for in Article 21 of the aforementioned decree of 30 March 2000 ;
(c) That the personnel, rolling stock and organisation are capable of providing the requested services with security equivalent to that provided for in the aforementioned decree of 30 March 2000 for similar services provided on the rail network
An order of the Minister responsible for transport shall lay down the procedures for the application of this Article and shall specify in particular the nature of the information required.
License applicants meet the financial capability condition if they can meet their obligations at least for a 12-month period.
To this effect, they Justify that they have either a social capital in excess of a threshold adapted to the service envisaged or of an equivalent personal or real security interest and that they do not have any arrears of taxes or social contributions or, if they have In exceptional cases, the amount of these arrears is below a maximum threshold.
They also provide an income forecast account and a balance sheet on the assets and liabilities of their activities. In addition, when considering a freight transport activity, they also produce a profit forecast account and a balance sheet for this activity.
A joint decree of the Ministers responsible for the budget and fixed transport The thresholds mentioned above and the nature of the supporting documents to be provided.
Natural persons who Ensure the permanent and effective management of the railway undertakings and the international groupings referred to in Article 2, as well as these undertakings and groupings themselves must attest to their good repute. The same obligation applies, in the case of international groupings without legal personality, to the railway undertakings which make up them and to the natural persons who provide permanent and effective leadership.
This condition Of good repute shall not be fulfilled where such natural or legal persons have been subjected either to a collective procedure or to a final conviction referred to in Bulletin No 2 of their criminal record or on an equivalent document; Resulting in a prohibition on the practice of a commercial or industrial profession, or of a conviction for reoffending referred to in Bulletin No. 2 of the criminal record or on an equivalent part, in the field governed by the law of the Transport, social law, labour law or, where the applicant for a licence carries out transport services for goods subject to customs procedures, customs legislation.
License applicants must justify their having taken the appropriate steps to cover their civil liability in respect of their Customers, Réseau ferré de France and other third parties. The provisions of the Convention for International Carriage by Rail shall apply to them.
Applicants for a licence shall send to the Minister responsible for transport a file, drafted in the French language, establishing that they meet the conditions laid down in Articles 6 to 9. The Minister shall act within a period of not more than three months.
An order of the Minister responsible for transportation shall set out the terms and conditions for the application of this section, including the composition of the application.
The railway undertaking licence remains valid as long as the licensee meets the conditions set out in sections 6 to 9.
The Minister responsible The licence is reviewed every four years. However, it may, in case of serious doubt, verify at any time the fulfilment of the abovementioned conditions. For the purposes of these audits, the licensee shall determine the information that the licensee is required to provide to the licensee and the terms and conditions of such communications.
Where the Minister finds that there is serious doubt about compliance with one or more Of several of these conditions by the holder of a licence issued by an authority of another Member State, he shall without delay inform that authority.
I. -In the event of a serious or repeated breach of the obligations set out in Articles 6 to 9, the Minister responsible for transport may, after having put the holder of the licence in a position to submit his observations, may The withdrawal of the licence.
In the event of a breach involving safety, the Minister responsible for transportation may order the immediate suspension of the licence for a period of not more than three
. Only in respect of the obligations set out in section 7 and does not involve security, the Minister may cause the licensee to continue to regulate his or her financial position within a period of not more than six
. -The holder of a licence must submit a new application for a licence:
(a) In the event of a change in its legal situation, in particular in the case of a merger or takeover, it may continue its activities during the course of the Unless the Minister responsible for transport, by reasoned decision, objects to it for security reasons;
(b) When the Minister interrupted his activities for at least six months or not commenced six months after the issuance of the The licence; however, where the licensee is a new business, a longer time limit may be granted in light of the specific nature of the services in question;
(c) When considering the provision of transportation services other than Those for which he has obtained his license.
III. -An order of the Minister responsible for transport shall define the procedures for the application of this Article.
The Minister responsible The European Commission shall, without delay, inform the European Commission of its decisions concerning the allocation, suspension or withdrawal of licences and their applications
Obtaining the security certificate is subject to compliance with conditions relating to physical and professional fitness and training Personnel assigned to the security functions on the national rail network, the safety regulations on the national rail network and its implementing rules, as well as the technical and maintenance rules applicable to equipment using The national rail network.
An order of the Minister responsible for transport shall specify the nature of those conditions and lay down the formalities for the application of the certificate, the technical requirements for the grant of the certificate, its duration, the terms of its renewal or Of its modification, withdrawal and suspension.
The Minister responsible for Transport issues the certificate of Safety after notice of the Réseau ferré de France issued in the light of a technical report prepared by the Société nationale des chemins de fer français loaded, on behalf of Réseau ferré de France, for traffic management and traffic on the rail network And the operation and maintenance of the technical and security installations of this network.
The Société nationale des chemins de fer français takes, under the control of Réseau ferré de France, the measures necessary to ensure The functional independence of the service which carries out the technical reports, in order to guarantee the absence of any discrimination in the exercise of these functions. This service respects the confidentiality of the commercial information provided to it for the purposes of these reports.
The security certificate specifies the services and lines of the national rail network for which it is
The studies required for the technical instruction of the security certificate result in compensation equal to the cost directly attributable to their realization.
The Société nationale des chemins de fer français loaded, on behalf of Réseau ferré de France, for traffic and traffic management on the national rail network as well as The operation and maintenance of the technical and security installations of this network, shall without any discrimination ensure that the holder of the safety certificate complies with the obligations laid down in Article 14
Repeated to these obligations, the Minister responsible for transport may proceed with the complete or partial withdrawal of the safety certificate, after having put his holder in a position to present his observations and after notice of the French Network issued in the light of a Technical report prepared by the Société nationale des chemins de fer français.
In the event of a serious or imminent risk, the Société nationale des chemins de fer français, acting on behalf of Réseau ferré de France, may decide to restrain Convoy as a conservatory. It shall immediately inform Réseau ferré de France and the Minister responsible for transport, who may suspend the safety certificate for a period of up to three months and initiate a withdrawal procedure
France rail network A network reference document which contains all the information necessary for the exercise of the network access rights referred to in the heading Ier.
The reference document includes, in particular:
a) A presentation of the consistency and The characteristics of the infrastructure put at the disposal of the railway undertakings and the conditions of access to it;
(b) A presentation of the services referred to in Article 3;
(c) The rules for the allocation of capacity Of the infrastructure; for the lines on which the available grooves are limited, the allocation tables by type of traffic and by time slice the number of grooves likely to be allocated at the next service schedule As well as the intervals necessary for maintenance and work; for the lines declared saturated, the applicable priority rules;
(d) The deadlines and procedures for the presentation and processing of requests for the allocation of capacity ;
e) Pricing principles and tariffs pursuant to Decree No. 97-446 of 5 May 1997;
f) The conditions under which companies using the national rail network implement the regulations On the use of the infrastructure.
Réseau ferré de France submits the draft network reference document in the opinion of the Minister responsible for transport, of the mission of control of the railway operations referred to in Article 29, to the Railway undertakings using the national rail network and national organisations representing users of rail transport. The opinions shall be deemed to be favourable if they have not intervened within two months of the transmission of the project.
Network of France shall adopt the reference document of the network and make it public, by any appropriate means, no later than four months Before the deadline for submitting requests for grooves.
The network reference document is updated in the same shape.
Network of France is responsible for distributing the infrastructure capacity of the national rail network. It ensures the best use of infrastructure and the balanced development of all rail services. To this end, Réseau ferré de France:
a) Defines and evaluates available capacity, where appropriate in cooperation with other infrastructure managers for an efficient allocation of capacities involving multiple networks;
b) Provides for the taking into account of the infrastructure capacity necessary for the defence needs and, where appropriate, the specific priority rules for lines specially assigned to a type of traffic;
(c) Allocate the applicants, according to the Terms and conditions defined in the following sections, each groove corresponding to the infrastructure capacity required to operate a given train between two points in the national rail network over a specified period of time;
d) Determines Traffic charts that describe all of the train paths on the national rail network infrastructure, including international rail freight train paths, as well as the time intervals for The execution of maintenance and investment activities on each section of the network;
(e) Stop, in accordance with the procedures laid down in Article 21, the schedule of service which retraces all movements of trains and equipment Scheduled for a period of twelve months from the second Saturday in December at midnight. Adaptations of the timetable may take place on other dates if the needs of the internal traffic justify it.
The railway undertakings referred to in Article 2, the infrastructure manager or the infrastructure capacity allocation body of another Member State of the Union may submit applications for the allocation of train paths. European Union duly authorised or a group of several infrastructure managers from other Member States of the European Union set up for this purpose.
Any railway undertaking which does not know the prohibition to transfer to another applicant The train paths that have been allocated to it loses the right to submit a new request for furrows.
Network of France must be able to indicate to all applicants the infrastructure capabilities that have been assigned to the companies Railways using the national rail network. It respects the confidentiality of the commercial information provided to it as part of the request for grooves.
Réseau ferré de France may conclude with any applicant for grooves referred to in Article 19 a framework agreement. The purpose of this framework agreement is to specify the characteristics of railway infrastructure capabilities, including transit times, time positioning, volume and quality of grooves, corresponding to the needs of the applicant and Réseau ferré de France agrees to offer it.
The provision of infrastructure capacity is valid for a duration that cannot exceed one period of validity of the service schedule. It shall be renewable under the conditions laid down in the framework agreement.
The framework agreement may provide for compensation in the event of non-compliance with the commitments.
The framework agreement shall be concluded, unless justified, for a period of five years. In the case of large and long-term investments in relation to the subject matter of the framework agreement, it may be concluded for a period of more than ten years.
The conclusion of a framework agreement does not relieve the person concerned of submitting his requests for Grooves in accordance with the procedures laid down in Article 21. It does not preclude the use by other applicants of the infrastructure that is the subject of the framework agreement.
Requests for furrows are addressed to Réseau ferré de France under the terms and conditions set out in the network reference document or, in the case of a framework agreement, by the terms of this agreement.
Applications Are for a period equal to that of the service schedule. Where the application is submitted under a framework agreement, the renewal of the furrows previously assigned for the following service schedule shall be carried out in accordance with the provisions of this framework
. Implementation techniques necessary for the investigation of requests for train paths to the Société nationale des chemins de fer français responsible for the management of traffic and traffic on the national rail network. These studies shall give rise to remuneration, at the expense of the applicant, equal to the cost directly attributable to their realization.
The Société nationale des chemins de fer français takes, under the control of the Réseau ferré de France, the necessary measures To ensure the functional independence of the service which carries out the technical reports, in order to guarantee the absence of any discrimination in the exercise of these functions. This service respects the confidentiality of the commercial information that is communicated to it for the purposes of these reports.
At the end of the training of requests for grooves, Réseau ferré de France establishes a schedule of Service no later than four months before the effective date of the service. This project takes into account the requests made, the priorities in the use of the national rail network, the periods necessary for the planned maintenance of the network and the investment work and, where appropriate, the need to reserve Sufficient capacity to respond to ad hoc requests for grooves.
When certain requests are incompatible, Réseau ferré de France may offer different paths to those requested.
It communicates the A proposed service schedule to applicants for interested train paths. They have a period of one month to submit their observations. This period has expired, the Réseau ferré de France sends them a final proposal of furrows.
Within ten working days, the applicants may submit a complaint to Réseau ferré de France. The latter shall communicate it to all applicants who have ten working days to submit their comments.
After this procedure, Réseau ferré de France stops the final service schedule and makes it so Public.
When a line section of the national rail network has been declared saturated in accordance with Article 26, Network Ferré de France assigns the furrows according to priority rules.
These priority rules are drawn up in line with the guidelines of the general transport policy in order to optimise the use of the national rail network and To ensure the balanced development of all rail services.
Priority is given to the national rail network, in the following order:
-national or international services which, on all or part of their journey, are Carried out on lines of the national rail network specifically constructed for them;
-the international freight transport services on the lines of the national rail network belonging to the Trans-European Rail Freight Network defined In the Annex to this Decree;
-services performed under a public service contract with a transport organising authority.
Applications submitted after the publication of the service schedule to obtain the allocation of furrows during the period covered by this schedule may be satisfied only for the remaining period of time The current service schedule and the network capabilities available after the assignment of grooves pursuant to section 21.
Requests for one-off grooves may also be made at any time during the course of the Period of validity of the current service schedule.
Network of France shall decide within one month on the applications submitted under the first subparagraph and within the five working days on requests for furrow Where appropriate, in the light of a technical study established under the conditions laid down in the fourth paragraph of Article 21. Failure to respond in a timely manner rejects the request.
Any use of the infrastructure by the recipient Of a furrow gives rise to a contract concluded between the person concerned and Réseau ferré de France and relating to the administrative, technical and financial conditions of the use of the infrastructure. This contract specifies in particular the conditions under which safety regulations are applied. It refers to the amount and manner of payment of infrastructure user fees and other remuneration.
Réseau ferré de France may, by reasoned decision, delete or modify assigned paths:
a) To allow the execution on the railway infrastructure of works other than those programmed during the development The service schedule referred to in section 21;
(b) To grant, at the request of the Minister responsible for transportation, the priority to transportation necessary for the defence; and
(c) To ensure better use of The railway infrastructure where the use of the furrow has been less than, over a period of at least one month, at a threshold defined in the network reference document.
The decision to amend or delete shall be preceded by a notice of fifteen Days addressed to the beneficiary of the grooves in question and consultation with the railway undertakings concerned. It specifies the duration of the change or deletion. In the case referred to in c, it may confer a definitive character on the modification or deletion.
However, in the event of an emergency and absolute necessity, in particular in the event of an accident, of failure rendering the infrastructure temporarily Unusable or for any other fact that prevents the use of the infrastructure under normal security conditions, Réseau ferré de France removes, without prior notice, the furrows allotted during the time necessary for the restoration of the Installations or the disappearance of the fact generator of the stoppage of the circulations.
Réseau ferré de France shall immediately inform the minister responsible for transport.
The terms of possible compensation are specified in the contract Pursuant to Article 24.
Where Réseau ferré de France finds it impossible to respond favourably to All capacity requests on a line or line section of the infrastructure, it declares this part of the infrastructure saturated and informs the Minister responsible for transport. It shall apply the priority rules laid down in Article 22.
It shall, within six months, submit to the Minister responsible for transport a report which shall report on the various causes of saturation and propose measures to remedy the situation. The lack of capacity. This report shall be accompanied by observations of the railway undertakings using the line.
Within six months of the submission of the report, Réseau ferré de France shall submit to the Minister responsible for transport a Capacity-building plan, without prejudice to the application of the provisions laid down in Articles 3 and 4 of Decree No. 97-444 of 5 May 1997.
The capacity-building plan shall be drawn up after consultation with the users of The saturated infrastructure. It indicates, inter alia, the reasons for the saturation, the likely evolution of traffic, the constraints on the development of the infrastructure, the possible solutions for capacity-building and their cost. It defines the actions to be taken to strengthen the capacity of the infrastructure and sets a timetable for their implementation.
The granting of infrastructure capacity and their use by rail convoys on the national rail network shall be subject to the payment of fees fixed in accordance with the provisions of Decree No. 97-446 of 5 May 1997 and, The specific remuneration provided for in this Decree
Without prejudice to the provisions on competition law, any applicant for furrows referred to in Article 19 or any other interested party may refer the matter to the Minister responsible for transport, as soon as he considers that he is Victim of unfair treatment, discrimination or any other related harm:
-the content of the network reference document;
-the process of allocating infrastructure capacity and related decisions;
-au Charging system, as well as the level and structure of the charges for the use of the infrastructure borrowed, in particular its compliance with the provisions mentioned in Decree No. 97-446 of 5 May 1997;
-the certificate of Security, as well as the application and control of safety standards and rules;
-the provision of the benefits and services referred to in Article 3;
-the implementation of the framework agreements and the contracts for the use of The infrastructure.
The Minister responsible for transportation must rule on any claim within two months of being referred to it.
The Minister responsible for transport shall set up a mission to control railway operations.
This task, which is directly attached to the Minister, includes a member of the Council of State, a member of the Court An account and a member of the General Council of Bridges and Footwear.
It is responsible for investigating the claims referred to the Minister referred to in Article 28 and producing a reasoned opinion within one month from the date of the Being referred by the Minister.
It is responsible for ensuring a general observation mission of the conditions of access to the national rail network. It may, as such, make recommendations to the Minister responsible for transport in order to propose any such measure to facilitate the implementation of the provisions of this Decree.
The mission of monitoring railway activities Establishes an annual activity report that covers both the investigation of claims and compliance with the conditions of access to the national rail network. This report is made public.
State administrations and state institutions provide the monitoring mission with all the information it deems necessary for the examination of claims Carriage by the Minister
for the operation of the railway operations shall be fixed by order of the Minister responsible for transport
Decree No. 97-446 of 5 May 1997 is hereby amended as follows:
I.-Article 1 is replaced by the The following provisions:
" Art. 1. -The granting and use of infrastructure capacity on the national rail network shall be subject to the payment of
. Réseau ferré de France is responsible for establishing and collecting royalties in accordance with the rules set out in the Decree and Decree No. 2003-194 of 7 March 2003 concerning the use of the national railway network and recalled in the reference document of the network provided for in Article 17 of the latter decree. It must be able to justify the charges invoiced. It allocates royalties to the financing of its activities.
" It shall respect the confidentiality of the commercial information provided to it for the application of these provisions. "
II. -In Article 2, after the words: Optimal use of the national rail network ", are inserted words:" The cost of effects on the operating environment of trains ".
III. -The last sentence of Article 5 is
. -The last sentence of Article 6 is replaced by the following:
" It can be modulated under non-discriminatory conditions to account for:
" (a) The origin or destination of the journey;
" (b) Of the period Time to use the elementary section;
" (c) Convoy or traffic type;
" (d) Quality of the grooves proposed;
" (e) The rarity of the capacity of a saturated line or line section;
" (f) Limited character of The capabilities of a given line or line section;
" (g) Environmental costs, accident costs and infrastructure costs not covered by competing modes of transport;
(h) Commitment on time Routing;
" (i) regularity of use by the applicant;
" (j) The time between the request and the expected date for the use of infrastructure capacity.
" This kilometric rate can be accompanied by a complement Corresponding to the reservation of capacity of a stop at the station. "
V.-After item 7, an article 7-1 reads as follows:
" Art. 7-1. -Réseau ferré de France shall not collect the increase in charges laid down in Article 6 if it has not submitted the capacity-building plan referred to in Article 26 of Decree No 2003-194 of 7 March 2003 on the use of the National rail network, or if it does not comply with the implementation schedule. "
VI. Article 9 shall be supplemented by the following provisions:
" Art. 9. - The order shall be published at least three months before the entry into force of the annual schedule of service provided for in Article 21 of Decree No 2003-194 of 7 March 2003 on the use of the national rail network.
The specifications of the Société nationale des chemins de fer français, approved by Decree No. 83-817 of 13 September 1983, are amended as follows:
I.-The second paragraph of Article 4-1 is replaced by the The following provisions:
" Where such operating agreements contain provisions relating to the infrastructure of the national rail network, these provisions shall be submitted for opinion to the Réseau ferré de France. "
II. -The first seven subparagraphs of Article 5 shall be replaced by the following:
" The Société nationale des chemins de fer français contributes to the progressive implementation of the right to transport. To this end, it provides several categories of services to meet the diverse needs of users:
" (a) National services, as defined in Article 6 below;
" (b) International services;
" (c) Services of regional interest, defined under the conditions laid down in article 21-1 of Act No. 82-1153 of 30 December 1982 on the orientation of modified domestic transport;
" (d) Services of urban areas, under conditions Defined in consultation with the competent territorial authorities. "
III. Article 23 shall be supplemented by the following provisions:
" The Société nationale des chemins de fer français may also carry out international freight transport services, in particular on the trans-European freight network Rail. "
IV. -In the sixth paragraph of Article 28, after the word: State ", are added the words:" For services of national interest ". The last paragraph of Article 28 shall be deleted.
V.-The first paragraph of Article 32 shall be replaced by the following:
" The social tariffs implemented by the Société nationale des chemins de fer French at the request of The State on services of national interest shall give rise to an overall contribution thereof, intended to compensate for the effects of such tariffs on the outcome of the establishment. "
VI. -Section 33 is deleted.
VII. -The first paragraph of Article 35 shall be replaced by the following:
" The financial contributions of the State to the Société nationale des chemins de fer français provided for in Articles 30 and 32 shall be evaluated in the account Estimate of the results of the Société nationale des chemins de fer français of each fiscal year. "
VIII. -In the third paragraph of Article 35 and in the first paragraph of Article 37, the reference to Article 33 shall be
. -The second paragraph of Article 44 shall be replaced by the following:
" The provisions of this Title shall be subject to the provisions of Article 21-1 of Law No. 82-1153 of 30 December 1982 on the direction of transport Modified interior. "
X. -The first two paragraphs of Article 45 shall be replaced by the following:
" In accordance with the provisions of Article 3 of Decree No. 2001-1116 of 27 November 2001 on the transfer of powers in respect of Regional transport services of regional interest, regional services providing links to the regional transport plan give rise to the signing of conventions between the Société nationale des chemins de fer français and the regions. Each of these conventions defines the consistency, conditions of operation and financing of services falling within the scope of regional
. The operating conditions laid down in these Conventions shall be in accordance with this specification. As well as the technical safety requirements defined by the Minister responsible for transport. "
XI. -The last paragraph of Article 45 shall be replaced by the following:
" The operating agreements shall be renewed at intervals and subject to the application of the provisions of the Article 3 of Decree No. 2001-1116 of 27 November 2001 on the transfer of powers relating to collective transport of regional interest. "
XII. -Article 46 is replaced by the following:
" Art. 46. - The Société nationale des chemins de fer français establishes for each region a budget and an account of regional services under contract, where appropriate according to the terms defined in each of the agreements concluded between the Société nationale des French railways and regions.
" The financial implications of the specific tariff provisions decided by the region are defined by the Convention, subject to the provisions of Article 4 of Decree No. 2001-1116 of 27 November. 2001 on the transfer of powers in the field of collective transport of regional interest. "
XIII. -The heading before Article 49 is replaced by the following title: Passenger services provided in the Ile-de-France region ".
XIV. -In Article 49, the words: In the Paris transport region as at 31 December 1982 " Are replaced by the words: " In the Ile-de-France region ".
XV. -The second paragraph of Article 51 shall be
. -The heading before Article 52 is replaced by the following title: Consultation with local authorities on changes in railway services of national interest ".
XVII. -In the first paragraph of Article 52, the words: Unconventioned " Are replaced by the words: " Of national interest." The last paragraph of Article 52 shall be deleted.
XVIII. Article 53 is deleted.
XIX. -The second, third, fourth and fifth paragraphs of Article 54 shall be replaced by the following:
' The estimates shall include, in addition to the aggregate profit forecast account, a forecast account of results by Activity, an investment physical and financial program and a financing plan.
" Contributions made in respect of public service missions carried out in connection with passenger transport activities are shown separately in the Accounts and cannot be used for other activities. "
XX. -After Article 58, an Article 58-1 reads as follows: '
' Art. 58-1. -The Société nationale des chemins de fer français establishes a separate financial statement on the assets and liabilities of railway freight operations. "
XXI. -The first paragraph of Article 59 shall be supplemented by the following provisions:
It also approves the result account of freight rail transport activities.
Decree No. 97-444 of 5 May 1997 is thus amended :
I. The third paragraph of Article 11 is replaced by the following:
" The conduct of the technical implementing studies necessary for the investigation of requests for furrows under the conditions laid down in Article 21 of Decree No. 2003-194 of 7 March 2003 on the use of a national rail network. "
II. Article 13 shall be replaced by the following:
" Art. 13. - The national rail network is used by the Société nationale des chemins de fer français for the operation of rail transport services, in accordance with Article 18 of the Inland Transport Act of 30 December 1982, and by the railway undertakings and international groupings of railway undertakings, under the conditions laid down in Article 2 of Decree No 2003-194 of 7 March 2003 on the use of the national rail network. "
III. Article 19 shall be supplemented by the following provisions:
" As such, it may conclude with these bodies any agreement enabling in particular to ensure the efficient use of the trans-European rail freight network referred to in Article 2 of the Decree No. 2003-194 of 7 March 2003 on the use of the national rail network. "
IV. Article 21 shall be replaced by the following:
" Art. 21. - When Réseau ferré de France envisages a single line of the national rail network, it submits the project to the territorial communities whose territory is crossed by the line or section of line in question, to the National Society French railways and national organisations representing transport users, who have three months to make their opinions known.
" Upon the initiation of these consultations, the Committee informs the Minister for Transport who consults ministers with defence powers.
" Réseau ferré de France sends to the Minister responsible for transport a review of the consultation carried out, accompanied by the opinions collected, and confirms Its intention to continue the project. Failing opposition from the Minister responsible for transport within a period of three months, Réseau ferré de France may decide to put the line or line section under consideration. "
V.-Article 22 is replaced by the following:
" Art. 22. - When the traffic has ceased on a line or line section of the national rail network, Réseau ferré de France may decide to close this line or section of line. It shall follow the procedure laid down in Article 21. Closing the line or line section allows the lane to be removed. "
VI. Article 49 shall be replaced by the following:
" Art. 49. - When a line or line section has been closed pursuant to Article 22, Réseau ferré de France may propose its removal from the national rail network to the Minister responsible for
. It follows the procedure laid down in the first two Section 21.
" It shall also apply the same provisions when it jointly leads the closure procedure and the closure procedure.
" The entrenchment of the line or line section considered may be Issued by decree on the report of the Minister responsible for transport. This decision takes precedence over the downgrading, by Réseau ferré de France, of this line or section of line. "
The provisions relating to the consultation of national organisations representing transport users Pursuant to Articles 21, 22 and 49 of Decree No. 97-444 of 5 May 1997, in the wording of Articles IV, V and VI of Article 32 above, apply only to proceedings instituted after the publication of this Decree.
The decree of 30 March 2000 is thus amended:
I.-In Article 1, the words: " With the exception of those mentioned in Articles 1 and 2 The aforementioned Decree of 23 December 1998 " Are replaced by the words: " International groupings of railway undertakings ".
II. Article 19 shall be supplemented by the following provisions:
" The applicable requirements shall be adopted by the Minister responsible for transport. "
III. Article 20 shall be replaced by the following:
" Art. 20. - The regulations, notices, instructions and operational instructions necessary for the proper performance of the safety functions shall be established by the operator in compliance with the provisions of the safety regulation of the operation of the rail network National. They take into account the specificity of the tasks and the personnel who provide them.
" Those documents which have been drawn up by the Société Nationale des chemins de fer français acting in the context of the mission referred to in Article 16 and which Are applicable to any undertaking providing transport services on the national rail network shall be published by order of the Minister responsible for transport. "
Article 18 of Decree No. 83-816 of 13 September 1983 is repealed.
Decree No. 98-1190 of 23 December 1998 on the use by certain international transport of the infrastructure of the national rail network Transposition of the Directives of the Council of the European Communities 91/440 of 29 July 1991, 95/18 and 95/19 of 19 June 1995 is repealed.
Licences issued pursuant to Decree No. 98-1190 of 23 December 1998 shall remain valid until their Replacement by the licences provided for in Article 5 of this Decree and no later than 31 December 2003.
Article 6 of the aforementioned Decree of 27 November 2001 is repealed.
In B of Title II of the Annex to Article 1 of the Decree No. 97-1198 of 19 December 1997, above, the heading " Action taken by the Minister responsible for transport " Is completed by the following provisions:
" Order No. 2003-194 dated March 7, 2003
on the use of the national rail network
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The provisions of this Order may be amended by Order in Council Council of State, with the exception of Articles 10, 12, 15, 16, 28 and 38 which will be amended in accordance with the conditions laid down in Article 2 of the aforementioned decree of 15 January 1997.
The Prime Minister, the Minister of Equipment, Transport, Housing, Tourism and the Sea, the Minister of Public Service, State Reform and Planning And the Secretary of State for Transport and the Sea shall each be responsible for the application of this Decree, which shall be published in the Official Journal of the French Republic
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A N N E X E
OF THE RAILWAY FREIGHT NETWORK
The trans-European rail freight network is constituted, for its French part, by the lines of the national rail network represented on the attached card.
It also includes:
a) Access lines and, where appropriate, access to Rail installations of terminals serving or capable of serving more than one final customer;
(b) Access to the following ports: Bayonne, Bordeaux, Boulogne, Calais, Cherbourg, Dunkerque, Fos-Marseille, La Rochelle, Le Havre, Nantes, Port-la-Nouvelle, Rouen, Sète, Saint-Nazaire;
(c) Where appropriate, circumvention routes, in particular around the infrastructure declared saturated under Article 26.
The length of the access lines at the terminals and the Ports shall not exceed 50 km at both ends of the lines of the national rail network belonging to the trans-European rail freight network borrowed by a convoy or 20 % of the total length of the journey made by the convoy on the network Trans-European rail freight, the longest of those two distances being used to assess the length of the access lines at the terminals and the ports to which the relevant convoy can claim.
Done at Paris, March 7, 2003.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
The Minister of Equipment, Transport,
Housing, Tourism and the Sea,
Gilles de Robien
The Minister of the Public Service,
of the reform of the
and Spatial Planning,
Jean-Paul Delevoye
The Secretary of State for Transport
and the Sea,
Dominique Bussereau
