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Decree No. 2012-70 20 January 2012 On Passenger Terminal And Other Infrastructure Of The Rail Network Services

Original Language Title: Décret n° 2012-70 du 20 janvier 2012 relatif aux gares de voyageurs et aux autres infrastructures de services du réseau ferroviaire

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Summary

Amendments to Decrees 83-109, 97-446 and 2003-194.

Keywords

FERROVIAR TRANSPORT, FERROVIA , FERROVIA , FERROVIA , FERROVIA , FERROVIA NETWORK ,


JORF no.0019 of 22 January 2012 page 1291
text No. 21



Decree No. 2012-70 of 20 January 2012 on passenger stations and other railway service infrastructure

NOR: TRAT1115945D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/1/20/TRAT1115945D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2012/1/20/2012-70/jo/texte


Publics concerned: territorial authorities, Société nationale des chemins de fer français (SNCF), Réseau ferré de France (RFF), railway companies.
Purpose: Define the conditions of access of railway companies to passenger stations and other railway service infrastructure.
Entry into force: the text comes into force on the day after its publication.
Notice: in the context of openness to competition for railway transport, any railway company authorized to carry out transport services may request access in a transparent and non-discriminatory manner to passenger stations and other service infrastructures of the railway network. This access leads to the collection of a royalty. The decree determines the nature of services and services accessible to railway companies: these services and services include the reception and information of passengers, the provision of fuel or electricity, and access to garage roads. At the same time, it alters the organization of the SNCF's "stations and connections" branch by establishing a self-sustainable direction within the SNCF to manage service infrastructure, and in particular passenger stations.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr). It is taken for application of theArticle 1 of Act No. 2009-1503 of 8 December 2009 relating to the organization and regulation of railway transport and carrying various provisions relating to transport.
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development, Transport and Housing,
Considering the transport code, including its articles L. 1112-1, L. 1112-2, L. 2111-9 to L. 2111-12, L. 2121-3, L. 2121-4, L. 2122-5, L. 2122-9, L. 2123-1 to L. 2123-3, L. 2133-1 to L. 2133-8 and L. 2141-1;
Vu le Trade codeincluding article L. 410-2;
Considering the construction and housing code, including articles L. 111-7 and L. 111-7-3;
Vu la Act No. 2005-102 of 11 February 2005 for the equal rights and opportunities, participation and citizenship of persons with disabilities, including Article 45;
Vu le Decree No. 59-157 of 7 January 1959 modified on the organization of passenger transport in Ile-de-France;
Vu le Decree No. 83-109 of 18 February 1983 amended on the statutes of the Société nationale des chemins de fer français;
Vu le Decree No. 83-816 of 13 September 1983 amended on the domain entrusted to the Société National des chemins de fer français (SNCF);
Vu le Decree No. 97-444 of 5 May 1997 amended on the missions and statutes of Réseau ferré de France;
Vu le Decree No. 97-445 of 5 May 1997 establishing the initial heritage of the public establishment Réseau ferré de France;
Vu le Decree No. 97-446 of 5 May 1997 amended on fees for the use of the national grid collected for the benefit of Réseau ferré de France;
Vu le Decree No. 2001-1116 of 27 November 2001 relating to the transfer of competence in the field of collective transport of regional interest;
Vu le Decree No. 2003-194 of 7 March 2003 modified on the use of the national grid;
Considering the advice of the Local Finance Committee (the Standards Assessment Advisory Board) of 31 May 2011;
Having regard to the opinion of the Regulatory Authority for Railway Activities of 15 June 2011;
Considering the opinion of the Autorité de la concurrence of 29 September 2011;
Considering the letters of 29 July 2011 by which were seized for opinions the regions Alsace, Aquitaine, Auvergne, Basse-Normandie, Bourgogne, Bretagne, Centre, Champagne-Ardenne, Franche-Comté, Haute-Normandie, Languedoc-Roussillon, Limousin, Lorraine, Midi-Pyrénées, Nord - Pas-de-Calais, Pays de la Loire, Picardie, Poitou-Charentes
The State Council (section of public works) heard,
Decrete:

  • Chapter I: Network access to service infrastructure Article 1 Learn more about this article...


    I. ― Railway companies and authorized candidates within the meaning of Article 19 of the above-mentioned Decree of 7 March 2003 are offered in a transparent and non-discriminatory manner the access by the network to the services infrastructures referred to in Article L. 2122-9 of the Transportation Code, which include:
    (a) Passenger stations open to the public, including docks and stops, and their buildings;
    (b) Electrical power and distribution of traction electricity on open-air railways;
    (c) Train sorting or training stations;
    (d) Remission routes;
    (e) Freight terminals, including combined transport yards, as well as non-rail infrastructure of these terminals;
    (f) Sand fuel supply infrastructure and roof visit gateways;
    (g) Maintenance facilities and other technical facilities, necessary to perform light maintenance services.
    II. ― Network access to service infrastructure results in a charge equal to the cost directly attributable to the operation of the railway service.

  • Chapter II: Provisions for regulated benefits provided in service infrastructure Article 2 Learn more about this article...


    I. ― Railway companies and authorized candidates within the meaning of Article 19 of the above-mentioned Decree of 7 March 2003 shall be offered in a transparent and non-discriminatory manner, where there is no other economically reasonable option, a basic service, including the benefits mentioned in I of Articles 4 to 8 and in section 9 of this Decree, provided on the services infrastructures defined in I of Article 1 of this Decree. The service infrastructure manager must motivate any decision to refuse to provide a benefit and indicate in this case the economically reasonable alternatives available on other service infrastructure.
    II. ― Whereas the manager of one of the services infrastructure referred to in section 1 provides to a railway company or an authorized candidate one of the additional benefits referred to in sections 4 to 8, the manager shall provide it in transparent and non-discriminatory conditions on the same service infrastructure to any railway company or authorized candidate who makes the request.
    III. – The basic service as well as the additional benefits referred to in the II when they are offered only by a single supplier are qualified as regulated benefits.

    Article 3 Learn more about this article...


    The provision of regulated benefits results in the collection of a royalty related to the cost of the benefit calculated from the actual level of use. The amount of each fee may be adjusted, taking into account the situation of competition and in transparent and non-discriminatory conditions, to take into account, according to the prescribed benefit:
    (a) From the type of convoy, including its port capacity or length;
    (b) The type of transport service the convoy provides;
    (c) Number of travellers likely to benefit from the service;
    (d) Time of use;
    (e) Time between the application and the expected date of delivery of the benefit;
    (f) The quantity of goods expressed in intermodal transport units or tons.

    Article 4 Learn more about this article...


    I. ― The basic service provided in passenger stations to railways includes:
    (a) The use, by their passengers, personal and service providers, of facilities for the reception of passengers and the public to the train, including access to common services, shops and public buildings;
    (b) The reception, information and guidance services of their passengers and the public regarding the hours and access to their trains;
    (c) any particular station service resulting from a legislative or regulatory requirement or an international agreement, including security, specific to certain transportation services;
    (d) The operation of the security facilities necessary for the access or use of these stations that the regulations reserve to the service infrastructure manager.
    In stations with personnel, the basic service provided to railway companies is added to the assistance necessary to board passengers with disabilities or reduced mobility on the train or to disembark them, when it is not provided by the railway company or taken over by the transport operator authority. This benefit then gives rise to a pricing distinct from that of the basic service.
    II. ― Complementary benefits include, where applicable:
    (a) Preheating of cars and locomotives;
    (b) The provision of spaces or premises suitable for the realization of securities sales operations for railway transport services;
    (c) The provision of service facilities for the railway company's accompanying or driving personnel;
    (d) The provision of the necessary facilities and facilities to railway operators for the delivery of technical services including fuelling and cleaning; the benefit includes, where applicable, access from the public channel for the necessary deliveries.

    Article 5 Learn more about this article...


    I. ― The basic service provided on existing systems for the distribution of traction electricity on open-air railways includes the use by the railway company's equipment of electrical traction facilities, including power, transportation and distribution facilities, as well as the transport of energy to the point of consumption.
    II. ― The supply of electrical energy is complementary.

    Article 6 Learn more about this article...


    I. ― The basic service provided to a railway company in the train sorting or training stations and on the train remission routes includes:
    (a) The use of infrastructure, facilities and equipment of existing designated stations and lanes including, in particular, the use of beams, connections and needles, the use of yards, docks, access buildings and electrical traction facilities, the provision of information necessary for the normal use of the station or track and, where applicable, the use of telecommunications services that are made mandatory by the service manager;
    (b) The manoeuvre of the security facilities necessary for the access or use of these stations or routes and that the regulation reserves to the service infrastructure manager;
    (c) Any particular service at the station or on the tracks of a legislative or regulatory requirement, including safety, specific to certain transportation services.
    II. - Complementary benefits include:
    (a) The supply of electrical energy;
    (b) Supply of fuel;
    (c) Manoeuvre services;
    (d) Pilotage services inside the site;
    (e) Provision of custom contracts for the control of the transport of dangerous goods and assistance to the movement of special convoys.

    Article 7 Learn more about this article...


    I. ― The basic service provided on the railway infrastructure of the cargo terminals includes:
    (a) The use of existing railway infrastructure, facilities and equipment including, in particular, the use of beams, connections and needles, docks, access buildings and electrical traction facilities, the provision of information necessary for the normal use of terminals and, where applicable, access to telecommunications services that are made mandatory by the service infrastructure manager;
    (b) The provision and use of docks, courses and facilities for the loading and unloading of goods from the train, including access from the public road of vehicles carrying these goods;
    (c) The manoeuvring of the security facilities necessary for the access or use of the railway infrastructure of these terminals that the regulation reserves to the service infrastructure manager;
    (d) Any particular benefit in these terminals subject to a legislative or regulatory requirement, including safety, specific to certain transportation services.
    II. ∙ Complementary benefits include:
    (a) The supply of electrical energy;
    (b) Supply of fuel;
    (c) Manoeuvre services;
    (d) Handling carried out with specialized facilities and equipment of the terminal;
    (e) Pilotage services inside the site;
    (f) Provision of custom contracts for the control of the transport of dangerous goods and assistance to the movement of special convoys.

    Article 8 Learn more about this article...


    I. ― The basic service includes the use of facilities and equipment to carry out the supply of fuel and sand to rolling stock in accordance with the safety rules for this activity and access to roof visiting bridges.
    II. ∙ Complementary benefits include:
    (a) The supply of fuel and, where appropriate, sand;
    (b) Manoeuvre services;
    (c) Pilotage services inside the site.

    Article 9 Learn more about this article...


    The basic service provided in maintenance centres and other technical facilities, necessary for the performance of light maintenance services, includes:
    (a) The use of railway tracks and other railway facilities that open access to maintenance facilities and other technical facilities required for the performance of light maintenance services;
    (b) Public access to these centres and facilities;
    (c) The use of facilities and equipment to carry out light maintenance and maintenance operations that include, inter alia, the external cleaning of trains, the draining of toilets, the verification, diagnosis and rapid exchange of replaceable organs and the light and short-term interventions necessary for the maintenance of equipment in their service, excluding non-road programmable operations;
    (d) The manoeuvre of the security facilities necessary for the access or use of these service infrastructures that the regulation reserves to their manager;
    (e) Pilotage services inside the site.

  • Chapter III: Miscellaneous provisions for the management of railway network service infrastructure Article 10 Learn more about this article...


    Personnel responsible for processing and enforcement of claims must respect the confidentiality of industrial or commercial information provided to them by railway companies. The Code of Ethics referred to in Article 11-2 of the aforementioned Decree of 18 February 1983 recalls this obligation.
    In order to comply with the rules of non-discrimination in access to the services infrastructure and the services offered therein, managers of these services infrastructure and the providers concerned implement all provisions to guarantee this confidentiality. These provisions are subject to stipulations in the contract under Article L. 2123-2 of the Transportation Code. The same requirement is imposed on railway companies that would have to know, as part of these activities, similar information provided by service infrastructure managers or service providers.
    Managers of these service infrastructure, service providers and relevant railway companies shall take all necessary measures, including disciplinary measures, to ensure that personnel responsible for the processing of claims and their implementation respect this confidentiality. They implement an appropriate control device that is brought to the attention of the Railway Regulatory Authority.

    Article 11 Learn more about this article...


    The above-mentioned decree of 18 February 1983 is amended as follows:
    1° After the seventh paragraph of Article 2, the following provisions shall be inserted:
    "In accordance with the accounting separation principle referred to in Article L. 2123-1 of the Transportation Code, it shall determine the royalties provided for in Article 13-1 of Decree No. 2003-194 of 7 March 2003 relating to the use of the national railway network under the conditions it provides. It ensures that stations are managed in a transparent and non-discriminatory manner.
    "By derogation from the third paragraph of section 10, the board of directors may delegate a portion of its station management duties only to the station manager. The Railway Activities Regulatory Authority is informed by the SNCF of the delegations granted to the station director in terms of markets and investments. » ;
    2° Section 10 is amended to read:
    In the first paragraph, the words: "The Chair of the Board of Directors" are replaced by the words: "Without prejudice to the station management provisions, the Chair of the Board of Directors".
    The second paragraph adds the following sentence: "In respect of station management, it is responsible for the compliance with the accounting separation rule set out in section L. 2123-1 of the Transportation Code and for the transparent and non-discriminatory management of passenger stations provided for in section L. 2141-1 of the same code. » ;
    3° It is added, after Article 11-1, an article 11-2 as follows:
    "Art. 11-2. I. ― The passenger station management missions provided for in Article L. 2141-1 of the Transport Code and in particular the corresponding services defined in theArticle 4 of Decree No. 2012-70 of 20 January 2012 for passenger stations and other railway network service infrastructures are provided within the SNCF by an independent management, with separate accounts from the other activities of the establishment.
    "By derogation from the ninth paragraph of section 10, the board of directors shall appoint the station director, on the proposal of the chair of the SNCF, and shall determine the duration of its term. The board of directors may not put an early end to its functions, if any at the request of the president of the SNCF, only by reasoned decision.
    "The station director cannot be a member of the SNCF Board of Directors. He may delegate his signature and part of his duties under the conditions provided for by deliberation of the board of directors.
    “II. ― By derogation from the sixth paragraph of section 2, the station director shall determine the capital cost provided for in section 13-1 of Decree No. 2003-194 of March 7, 2003 relating to the use of the national ferre network as part of the proposal to the board of directors concerning royalties related to the regulated benefits referred to in the proposalArticle 4 of Decree No. 2012-70 of 20 January 2012 relating to passenger stations and other service infrastructure of the railway network.
    "III. ― Grade advance decisions and decisions within the jurisdiction of the disciplinary bodies specific to the NWS that are of interest to an agent who normally provides the benefits defined inArticle 4 of Decree No. 2012-70 of 20 January 2012 relating to passenger stations and other service infrastructures of the railway network cannot be taken without the advice of the station manager or an officer placed under his authority, previously consulted. This notice is communicated to the interested agent upon request.
    "The procedures to which the agents responsible for providing the benefits defined in theArticle 4 of Decree No. 2012-70 of 20 January 2012 and which are not placed under the authority of the station manager are defined in a document communicated to any railway company at its request.
    "A code of ethics, which is made public, is established by the station manager. It applies to officers responsible for providing the services defined in section 4 of the above-mentioned decree to railway companies in passenger stations. It is submitted, before its adoption, to the opinion of the Regulatory Authority for railway activities.
    "IV. ― The station director publishes an activity report each year, which includes the extract of the certified SNCF accounts relating to the autonomous direction of the stations. It is communicated to the Authority for the regulation of railway activities. It reports on the achievement of performance objectives for the management of passenger stations, the improvement of the quality of the services provided and the implementation of the investment programs. »

    Article 12 Learn more about this article...


    Article 12 of Decree No. 97-446 of 5 May 1997 referred to above is replaced by the following provisions:
    "Art. 12.-The extended parking on certain tracks, the use of certain lines currently closed to traffic, and any additional services, if any, are subject to supplementary billing by Réseau ferré de France. »

    Article 13 Learn more about this article...


    The above-mentioned decree of 7 March 2003 is amended as follows:
    I. ― The first ten paragraphs of Article 3 are replaced by the following:
    "The right to access the infrastructure of the national railway network managed by Réseau ferré de France or by the holder of a partnership contract or a public service delegation agreement concluded pursuant to sections L. 2111-11 or L. 2111-12 of the transport code is governed by the following provisions:
    "I. ― The right of access to the national railway network includes, for any railway company, the right to the minimum benefits necessary to enable the exercise of this right of access: the transparent and non-discriminatory treatment of its requests for infrastructure capacities on the sections of the national railway network, the right to use the capacities assigned to it, the use of trains and network hands, signalling, regulation, traffic management, communication and
    “II. ― Access to the network, the booking of infrastructure capacities and the traffic on the sections of the national railway network give rise to the payment of infrastructure fees under the conditions provided by the Decree No. 97-446 of 5 May 1997.
    "III. ― The use of service infrastructure accessible by the national railway network is governed by the provisions of Decree No. 2012-70 of 20 January 2012 relating to passenger stations and other service infrastructure of the railway network.
    "When, as part of a traffic using an infrastructure capacity referred to in II, the traffic and traffic manager prescribes access to and use of service channels, the benefit corresponding to that access is deemed to be included in the benefit provided in I for the calculation of the amount due under the right of access.
    "IV. ― In the context of the missions entrusted to it by section L. 2111-9 of the Transportation Code, the French National Railway Corporation shall take the necessary measures to ensure that there is no discrimination in the management of access to the services infrastructure and the services provided therein. As such, it respects the confidentiality of industrial or commercial information provided to it by railway companies wishing to access it. Similarly, these companies respect the confidentiality of information of the same nature, which is communicated to them, if any, by the Société nationale des chemins de fer français. »
    II. ― After Article 13, a new title III is inserted as follows:


    « TITRE III



    “Relevant PROVISIONS
    VOYAGOR GARES


    "Art. 13-1.-I. ― For the determination of royalties relating to station goods and services managed respectively by Réseau ferré de France and by the autonomous management referred to in article 11-2 of Decree No. 83-109 of 18 February 1983 concerning the statutes of the Société nationale des chemins de fer français, the passenger stations are divided into three categories:
    “(a) Passenger stations of national interest are those whose attendance by users of national and international passenger services is at least equal to a threshold fixed by order of the Minister for Transport. Their scope corresponds to a passenger station or a functional set of passenger stations;
    “(b) Passenger stations of regional interest are those whose attendance by users of national and international passenger services is less than the threshold defined in a and whose attendance is at least equal to a threshold fixed by order of the Minister for Transport. Their scope corresponds, in each region, to all stations in this category;
    "(c) Local passenger stations are the other passenger stations. Their scope corresponds, in each region, to all these stations.
    "The autonomous management referred to in Article 11-2 of the decree of February 18, 1983 referred to above establishes, after consultation with Réseau ferré de France, a list of stations falling under each category in the light of their annual average attendance assessed during the last two calendar years. This list is valid for three years. The connection of a new station to one of the categories is effected given the anticipated attendance of this station. The terms and conditions for evaluating attendance are determined by order of the Minister for Transport.
    “II. ― royalties related to regulated benefits referred to inArticle 4 of Decree No. 2012-70 of 20 January 2012 for passenger stations and other service infrastructures of the railway network are established annually by Réseau ferré de France and by the Société nationale des chemins de fer français on the proposal of the station director established by section 11-2 of the decree of 18 February 1983 referred to above, each for the goods and services it manages, for the purpose of covering all the forecasting charges for the realization of these services for each of the stations' management perimeters defined in I.
    "These charges include goods and services in passenger stations:
    “(a) All current maintenance and operating expenses;
    “(b) Funding for depreciation of investments, including renewal and standardization investments, net of grants received;
    "(c) The cost of the capital incurred for the borrowing and related financial expenses and the capital capital cost for the self-financed party, necessary for the perennial financing of investments. The draft decisions relating to the fixing of the capital cost are forwarded to the Authority for the regulation of railway activities for advice.
    "The passenger station activity of the Société nationale des chemins de fer français is determined from the accounts separated from the autonomous management referred to in Article 11-2 of the decree of 18 February 1983 referred to above.
    "The cost estimates for the determination of royalties take into account the cost of accounting for the most recent year and the performance and productivity objectives for the management of passenger stations.
    "When expenses caused by the realization of unregulated services rendered in a station are common with the charges for the realization of regulated services defined in theArticle 4 of Decree No. 2012-70 of 20 January 2012 relating to passenger stations and other service infrastructures of the railway network, only the share related to the realization of the railway network is taken into account for the determination of fees.
    "The charges to be taken into account for the establishment of royalties are appreciated, by Réseau ferré de France and by the Société nationale des chemins de fer français, each for its purpose, on all the buildings and installations of a station, including docks, road access, works for the users of the trains and, when they depend on the station or are made available to its users, the courses of the railways including their parking
    "For the determination of royalties, it is taken into account the actual use of infrastructure over the past three years and the prospects for the development of traffic.
    "III. ― Notwithstanding the rules set out inArticle 3 of Decree No. 2012-70 of 20 January 2012 relating to passenger stations and other service infrastructures of the railway network, the share of the royalty corresponding to the provision of the spaces or premises mentioned in the a and b of the I and the b, c and d of the II of Article 4 of the same decree, as well as the spaces and premises for the implementation of security controls, established by reference to the charges as defined in the II of this article, may be modulated in transparent and non-discriminatory conditions
    "IV. ― On each of the I-defined areas of management, an analytical accounting distinguishes the accrued benefits, the unregulated benefits and the share of common expenses related to regulated benefits defined by theArticle 4 of Decree No. 2012-70 of 20 January 2012 relating to passenger stations and other service infrastructure of the railway network. It allows to trace products and expenses related to benefits regulated on each of these perimeters. It is communicated upon request to the Regulatory Authority for railway activities as well as to the organizing authorities and the railway companies concerned.
    "The positive current result, determined for each management perimeter defined in I, derived from the activities related to the unregulated benefits provided directly or indirectly by Réseau ferré de France or the autonomous direction established by section 11-2 of the decree of 18 February 1983 referred to in the passenger stations of the national ferré network, deducts, to the height of 50%, charges taken into account, in accordance with II, for the same management perimeter, for the setting of royalties related toArticle 4 of Decree No. 2012-70 of 20 January 2012 relating to passenger stations and other service infrastructure of the railway network.
    "This result is net of all operating expenses directly related to these activities and includes compensation for the capital mobilized as well as the funding of the depreciation allocation.
    "V. ― The infrastructure manager may not apply the provisions set out in IV on the management perimeters corresponding to the stations under categories b and c, provided that the share of the unregulated activity in the revenue recorded for the most recent accounting year for each of these perimeters is less than 2%. For the determination of fees related to the benefits regulated in these stations, all expenses to be taken into account, in accordance with II, the current income from the activities related to the unregulated benefits provided directly or indirectly by Réseau ferré de France or the autonomous management established by section 11-2 of the aforementioned decree of 18 February 1983.
    “Art. 14. ― Each station or functional set of stations under the category defined in Article 13-1 I is followed by a regional forum for consultation. This body is composed of a representative of the autonomous management of the Société nationale des chemins de fer français in charge of the stations, a representative of Réseau ferré de France, a representative of each transport organization authority concerned, a representative of each railway operator and a representative of each of their professional organizations. The proceeding sets out its rules of procedure, which may provide for the association of any community or legal person directly concerned with the management or use of the corresponding passenger stations. In each region, the representative of the State decides by order the composition of this body.
    "This proceeding examines any issues relating to the services rendered at each station in its area of management. This includes consultation on the funding of planned investment programs.
    "It meets once a year at the initiative of the station director and gives an opinion on the part of the passenger station reference document as part of the consultation provided for in section 14-1.
    "Art. 14-1. I. ― Each year, the station director prepares a reference document for the passenger stations managed by the autonomous management established by section 11-2 of Decree No. 83-109 of 18 February 1983 on the statutes of the Société National des chemins de fer français, either directly managing it or confiding it to a third party. This document, which is transmitted to Réseau ferré de France after the advice of the Autorité de regulation des activitésrails to be annexed to the network reference document referred to in article 17 of this decree, specifies, for each passenger station of the national railway network, the regulated services rendered therein, the conditions under which they are rendered, including the times and periods during which they are provided, and the associated royalties rates.
    "The general terms and conditions of the contract referred to in Article L. 2123-2 of the transport code to be concluded between the Société National des chemins de fer français represented by the station director and the railway company are annexed to the station reference document.
    "However, this document is not required for passenger stations whose service, at the last scheduled service, is provided only by conventional services under a single organizing authority. In the event of a request from the relevant organizing authority or from a railway company carrying out other services, this document is published for the stations concerned within three months of this application.
    “II. ― The draft station reference document incorporates the data provided by Réseau ferré de France regarding its station heritage, particularly with regard to the technical characteristics of this heritage, the opening periods of the national railway network and the applicable royalty rates.
    "The station director submits this document for advice to the competent organizing authorities and railway companies using the national railway network and carrying passengers. Notices are deemed to be favourable if they did not intervene within two months of the project's transmission.
    "The reference document for passenger stations justifies, for each management perimeter defined in Article 13-1, I, by reference to the principles for determining the royalties provided for in Article II of the same Article:
    “(a) The methodology used to determine these royalties and their modulations, including the accounting principles used;
    “(b) The definition of the distribution key between regional and other transport loads;
    "(c) The cost forecast for facilities and services by distinguishing charges directly related to regulated benefits and common expenses;
    "(d) The assumptions regarding the application for regulated benefits;
    “e) The assumptions that determined the distribution key used for the forecasting of common share of expenses, respectively, for regulated and unregulated benefits;
    “(f) Investment programs as well as the associated funding structure justifying the depreciation and calculation of the cost of capital under Article 13-1;
    “(g) Details of disposal productsArticle 22 of Decree No. 83-816 of 13 September 1983.
    "The reference document for passenger stations is part of a multi-year perspective and allows a comparison of the costs to stations over the previous two years.
    "The charges taken into account by Réseau ferré de France for the determination of the royalty, in respect of the regulated services, relating to its stationary heritage, distinguish between the management charges under the agreement provided for in Article L. 2111-10 of the Transport Code and the investment charges.
    "Art. 15.-I. ― At the request of the Syndicat des transports d'Ile-de-France in Ile-de-France or of a region, the Société nationale des chemins de fer français, represented by the director of the stations, proposes to the transport authority concerned a multi-year agreement in order to determine the conditions for the use and management of the passenger stations referred to in b and c of section 13-1 and falling within the territorial jurisdiction of that transport authority under the title.
    "The multi-year agreement referred to in paragraph 1 which may relate to property owned by Réseau ferré de France and which is managed by the Société nationale des chemins de fer français under the conditions set out in section 16-1, specifies the renewal and implementation investment programs and the terms and conditions of their funding, in accordance with section 14-1.
    "Conventional stipulations between the Société nationale des chemins de fer français and this authority may constitute a part of the convention provided for in Article L. 2121-4 of the transport code or the one referred to in the transport codeArticle 6 of Decree No. 59-157 of 7 January 1959 concerning the organization of passenger transport in Ile-de-France.
    “II. ― The compensation provided under this agreement covers all investments and expenses exposed to the realization of the station benefits mentioned in theArticle 4 of Decree No. 2012-70 of 20 January 2012 relating to passenger stations and other service infrastructure of the railway network, which is the responsibility of the Société nationale des chemins de fer français.
    "In case such a convention is concluded and by derogation from provisions of the first paragraph of Article 3 of Decree No. 2012-70 of 20 January 2012 relating to passenger stations and other service infrastructures of the railway network, railway companies whose trains provide services organized by the signatory authority of the convention have access to the services regulated in these passenger stations by paying the remuneration referred to in the preceding paragraph to the Société nationale des chemins de fer français.
    "The royalties due to the regulated benefits provided in these stations to railway companies providing transport services other than those mentioned in the previous paragraph, calculated in accordance with the terms defined in section 13-1, shall be returned by that establishment to the organizing authority. However, the deferred amount may be reduced from the charges set out in Article 13-1 for benefits not provided by the agreement.
    "Art. 16.-When the management of a station is ensured in the context of a contract or agreement referred to in sections L. 2111-11 and L. 2111-12 of the transport code, the station manager is required for the application of the provisions of Chapter II of Decree No. 2012-70 of 20 January 2012 relating to passenger stations and other service infrastructures of the railway network to establish and publish a reference document
    "Art. 16-1.-An agreement specifying the conditions, in particular financial, in which the autonomous direction of the stations carries out the tasks for the management and maintenance of the goods in the railway station of Réseau ferré de France set out in Article L. 2111-9 of the Transport Code is concluded between Réseau ferré de France and the Société nationale des chemins de fer français. It is submitted to Ministers responsible for transport, economy and budget before it is signed. If there is no reasoned opposition within one month of this submission, this agreement is deemed to be approved. The draft amendments to the Convention are brought to the attention of these Ministers and approved under the same conditions. This Convention also specifies, as appropriate, the conditions for the application of this title. It may also provide for the principles of the definition, financing and implementation of investment programs in passenger stations that fall within the competence of the two establishments and provide, as such, the terms and conditions for the designation of the owner in accordance with theArticle 2 of Act No. 85-704 of 12 July 1985 relating to the mastery of public works and its relationship with the mastery of private works or its agent in accordance with section 3 of this Act. »
    III. ― In section 17, after the g, an h and an i are added:
    “(h) The list of national railway passenger stations, grouped by category in accordance with Article 13-1 I, and the applicable pricing principles and a description of the method used to implement it; all the detailed information required for the use of these stations is contained in the reference document for passenger stations provided for in section 14-1;
    “(i) The services infrastructure, other than the passenger stations of the national railway network, to which access by the network is offered, specifying their main features, the nature of the regulated services offered therein, by distinguishing the services to access the services infrastructure, the services rendered therein and the complementary services, the pricing of these services and the standard examples of tariffs, the contact details of the persons to contact to obtain the performance of each service and The detailed technical features of these service infrastructures, the general conditions for the delivery of the regulated benefits, including the periods during which access to these infrastructures is offered, and the applicable rates are specified in specific documents to which the network reference document refers. These documents are prepared and made public by the relevant managers. »

    Article 14 Learn more about this article...


    The provisions of this Decree shall not affect the reference documents of the network already published.

    Article 15 Learn more about this article...


    The Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of Economy, Finance and Industry, the Minister of Budget, Public Accounts and State Reform, Spokesperson of the Government, and the Minister to the Minister of Ecology, Sustainable Development, Transport and Housing, responsible for transport, are responsible, each with regard to it, for the execution of this decree, which will be published in the French Republic.


Done on 20 January 2012.


François Fillon


By the Prime Minister:


Minister to the Minister of Ecology,

Sustainable Development,

Transport and housing,

Transport Officer

Thierry Mariani

The Minister of Ecology,

Sustainable Development,

Transport and housing,

Nathalie Kosciusko-Morizet

Minister of Economy,

finance and industry,

François Baroin

Minister of Budget, Public Accounts

and state reform,

Government spokesperson,

Valérie Pécresse


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