Key Benefits:
Publics concerned: rail infrastructure managers, railway companies and other candidates for the use of the network.
Purpose: extend to the entire railway network provisions relating to access to the national railway network and amend these provisions.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree ensures the transposition of the provisions of Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European (reflect) railway space related to access to the railway network. It mainly alters the Decree No. 2003-194 of 7 March 2003 relating to the use of the national grid, extending its scope of application of the national grid to the entire railway network defined to theArticle L. 2122-1 of the Transport Code, in particular to the fixed transmanche link, and by supplementing it to take into account the evolution of European regulation. It defines the conditions under which infrastructure managers provide candidates with benefits on the railway network. It defines the content and method for the development of the network's reference document, regulates the process of allocation of capacities, sets out the conditions under which framework agreements can be concluded and specifies the measures to be taken in the event of saturation of the infrastructure. Finally, it specifies the rules for the calculation of fees for the various benefits provided on the railway network and requires the infrastructure manager to put in place measures to reduce failures and improve the performance of the railway network. It also amends, incidentally, the Decree No. 97-1198 of 19 December 1997 for application to the Minister of Equipment, Transport and Housing first paragraph of Article 2 of Decree No. 97-34 of 15 January 1997 the deconcentration of individual administrative decisions in order to repeal a provision that has become irrelevant. He finally alters the Decree No. 2007-453 of 27 March 2007 defining the modalities for the establishment by the State of a direct express railway link, dedicated to the transport of passengers, between the Paris - Charles-de-Gaulle and Paris airport and the Decree No. 2015-139 of 10 February 2015 relating to the confidentiality of data held by the railway infrastructure manager and the railway system's ethics board to bring some of their provisions into line with the amendments made to the Decree of 7 March 2003 concerning mainly the harmonization of terms used with those in force in European regulations.
References: The decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
Having regard to the Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland concerning the construction and operation by private companies concessionaries of a fixed trans-manche link, signed in Cantorbéry on 12 February 1986, together the rules of the Intergovernmental Commission on the Use of the Tunnel under the Channel, signed in London on 23 July 2009;
Having regard to Regulation (EU) No. 913/2010 of the European Parliament and of the Council of 22 September 2010 concerning the European railway network for competitive cargo;
In view of the Commission's 2015/10 Implementing Regulation (EU) of 6 January 2015 concerning the criteria applicable to candidates for applications for railway infrastructure capacity and repealing Regulation (EU) No 870/2014;
In view of the Commission's 2015/429 Implementing Regulations (EU) of 13 March 2015 defining the modalities for the application of royalties corresponding to the cost of noise effects;
In view of the Commission's Implementing Regulations (EU) 2015/909 of 12 June 2015 concerning the cost calculation procedures directly attributable to the operation of the railway service;
Having regard to Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway space (reflecting), including chapters II and IV;
Vu le Transport codeincluding chapters I of title I and II and III of title II of Book I of the second part of the legislative section and articles L. 2121-12 and L. 2141-1;
Vu la Act No. 97-135 of 13 February 1997 creating the public establishment " Réseau ferré de France" for the renewal of railway transport, as amended by the Act No. 2002-276 of 27 February 2002in particular Article 5;
Vu le Decree No. 97-34 of 15 January 1997 the deconcentration of individual administrative decisions, including Article 2-1;
Vu le Decree No. 97-444 of 5 May 1997 relating to the missions and statutes of SNCF Réseau;
Vu le Decree No. 97-1198 of 19 December 1997 for application to the Minister of Equipment, Transport and Housing first paragraph of Article 2 of Decree No. 97-34 of 15 January 1997 the deconcentration of individual administrative decisions;
Vu le Decree No. 98-98 of 16 February 1998 publishing the agreement between the Government of the French Republic and the Government of the Kingdom of Spain concerning the construction and operation of the international section of a high-speed railway line between France and Spain (Mediterranean country), signed in Madrid on 10 October 1995;
Vu le Decree No. 2003-194 of 7 March 2003 relating to the use of the national grid;
Vu le Decree No. 2003-425 of 9 May 2003 concerning the safety of guided public transport;
Vu le Decree No. 2006-1279 of 19 October 2006 concerning the safety of railway traffic and the interoperability of the railway system;
Vu le Decree No. 2006-1534 of 6 December 2006 for the application of articles 1st, 1st-1 and 1st-2 Act No. 97-135 of 13 February 1997 establishing the public establishment Réseau ferré de France for the renewal of railway transport;
Vu le Decree No. 2007-453 of 27 March 2007 defining the modalities for the establishment by the State of a direct express railway link, dedicated to the transport of passengers, between the airport of Paris - Charles-de-Gaulle and Paris, and taken for the application of article 22-V of the law of 5 January 2006 concerning the safety and development of transport, including article 6;
Vu le Decree No. 2012-70 of 20 January 2012 relating to passenger stations and other service infrastructure of the railway network;
Vu le Decree No. 2015-139 of 10 February 2015 relating to the confidentiality of data held by the railway infrastructure manager and the railway system ethics board;
Considering the referral for opinions of the intergovernmental commission of the high-speed railway line between France and Spain (Mediterranean country) dated 5 May 2015;
Considering the opinion of the Railway Regulatory Authority of 1 July 2015;
Having regard to the advice of the Intergovernmental Commission on the Transmanche Fixed Liaison dated 4 July 2015;
The State Council (section of public works) heard,
Decrete:
The above-mentioned decree of 7 March 2003 is amended:
1° In the title, the words "national iron" are replaced by the word "rail";
2° In Article 3, in the five occurrences of Article 13-1, both occurrences of Article 15 and Article 16, the words: " Decree No. 2012-70 of 20 January 2012 relating to passenger stations and other service infrastructure in the railway network are replaced by the words: " Decree No. 2012-70 of 20 January 2012 relating to railway network service facilities”;
3° Before Title I, a preliminary article is added as follows:
"Art. . - I. - This Order applies to the management of the railway network referred to inArticle L. 2122-1 of the Transport Code, its use for national and international services, the distribution of infrastructure capacity, and the setting and collection of fees for the use of this infrastructure by infrastructure managers.
"This Order does not apply to specific clutches. However, non-discriminatory access to these clutch must be guaranteed when it is necessary to have access to service facilities that are essential for the provision of transportation services and when serving or serving more than one final customer.
“II. - For the purposes of this decree:
"1° "Infrastructural Manager", any entity or company responsible, in particular, for the establishment, management and maintenance of railway infrastructure, including traffic management, and the signalling and control system; the functions of infrastructure manager on any or part of a network may be performed by several entities or businesses;
“2° “Rail business”, any private or public company and licensee of the licence referred to in theArticle L. 2122-10 of the Transport Code, providing services for the carriage of goods or passengers by rail, the traction which must be provided by this company; This term also covers companies that only provide traction;
"3° "Rail infrastructure", all of the elements mentioned in Appendix I to Directive 2012/34/EU of the European Parliament and the Council of 21 November 2012 establishing a single European railway space (reflect) excluding those that are incorporated in the service facilities referred to in the above-mentioned to the Articles L. 2123-1 of the Transport Code and 1 of Decree No. 2012-70 of 20 January 2012 relating to railway network service facilities;
"4° "Network", the entire railway infrastructure managed by an infrastructure manager;
« 5° “Rail network”, the definition in theArticle L. 2122-1 of the Transport Code ;
“6° “Infrastructural Capacities” and “sillon”, the definitions in theArticle L. 2122-3 of the Transport Code ;
« 7° “Candidat”, the definition in theArticle L. 2122-11 of the Transport Code any infrastructure manager may subdivide, according to specific criteria, candidates into known candidates and potential candidates;
"8° "Repartition", the allocation of railway infrastructure capacities by an infrastructure manager;
« 9° “Network Reference Document”, the document detailing, in detail, the general rules, deadlines, procedures and criteria for infrastructure pricing and allocation systems, including all other information necessary to enable the introduction of infrastructure capacity requests;
"10° "Framework Agreement", a contract defining the rights and obligations of a candidate and an infrastructure manager with respect to the infrastructure capabilities to be allocated and the pricing to be applied over a period exceeding one period of validity of the service schedule;
“11° “Specialized infrastructure”, an infrastructure designated by the infrastructure manager and to be used by specific types of traffic when adequate substitution routes exist;
"12° "Saturated infrastructure", a section of the infrastructure for which requests for infrastructure capacity cannot be fully met for certain periods, even after coordination of the various requests for capacity booking;
« 13° “Capacity building plan”, a measure or a series of measures, with an implementation schedule, aimed at reducing infrastructure capacity constraints that resulted in the reporting of an infrastructure element as a saturated infrastructure;
"14° "Coordination", the procedure implemented by the infrastructure manager and the candidates to seek a solution in the event of competing requests for infrastructure capabilities;
« 15° “La Liaison Fixe”, the fixed transmanche link mentioned at theArticle L. 2111-8 of the Transport Code ;
« 16° “The intergovernmental commission of the Fixed Liaison”, the intergovernmental commission established by the Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland concerning the construction and operation by private companies concessionaires of a fixed transmanche link, signed on 12 February 1986.
"III. - In headings IV and V, the reference to the Minister for Transport is heard, when the railway infrastructure of the Fixed Liaison is in question, as directed by the intergovernmental committee of the Fixed Liaison.
"In securities IV and V, with the exception of section 24-1, and unless otherwise provided, where the functions of infrastructure manager on all or part of a network are carried out by several entities or companies, the reference to the infrastructure manager is understood to be made to the person performing the capacity distribution function. » ;
4° In title I, the words "national iron" are replaced by the word "railway";
5° Section 1 is amended as follows:
(a) The first paragraph is replaced by the following:
"Any infrastructure manager shall grant to any railway undertaking referred to in section 2 and meeting the conditions set out in section 4 a right of access to its network in a fair, non-discriminatory and transparent manner, including access by that network to the service facilities referred to in the above-mentioned to Articles L. 2123-1 of the Transport Code and 1 of Decree No. 2012-70 of 20 January 2012 relating to railway network service facilities. » ;
(b) The second paragraph is deleted;
6° Article 1-1 is repealed;
7° Section 2 is amended as follows:
(a) The first paragraph is replaced by the following:
“Without prejudice to provisions of 1° of Article L. 2141-1 of the Transport Code and international agreements have a right of access to the railway network:"
(b) The second is repealed;
(c) At 3°, the words: "17-2 of the law of 30 December 1982 referred to above" are replaced by the words: "L. 2121-12 of the law of 30 December 1982 referred to above" Transport code » ;
(d) The 3rd becomes the 2nd;
(e) The last paragraph is deleted;
8° Section 3 is amended as follows:
(a) The first three paragraphs are replaced by the following:
"I. - Any infrastructure manager shall provide railway enterprises in a fair, non-discriminatory and transparent manner, including for the access by its network to the service facilities referred to in Article L. 2123-1 of the Transport Code and to Article 1 of Decree No. 2012-70 of 20 January 2012 relating to the service facilities of the railway network, the following minimum benefits: the processing of their requests for infrastructure capacity, the right to use Where applicable, it also provides the use of the rail power system for the traction current as well as the coverage of losses of electrical systems from substations to the train capture points.
“II. - The provision of the minimum benefits referred to in I results in the collection of infrastructure royalties under the conditions set out in Part V."
(b) In III, the words: "service infrastructure accessible by the national grid" are replaced by the words: "service facilities accessible by the network";
(c) The second paragraph of the III becomes an IV as follows:
"IV. - When the infrastructure manager, in the context of operational traffic management, prescribes access and use of routes in the event of a movement using a link, the benefit for that access and for that use is deemed to be included in the provision in I for the calculation of the infrastructure charge provided for in II.
"Minimum benefits also include, for the Fixed Liaison, the technical failure manoeuvring service and access to emergency routes in the event of an incident, which are also deemed to be included in the provision in I for the calculation of the infrastructure royalty in II."
(d) After the IV, three paragraphs V, VI and VII are added:
"V. - If the infrastructure manager provides the additional traction power supply, it provides it in non-discriminatory and transparent conditions to any railway company. The provision of this benefit results in the collection of a royalty calculated under the conditions fixed by the Decree No. 2012-70 of 20 January 2012 relating to railway network service facilities.
"The fees charged for the provision of the traction current and the minimum benefits referred to in I relating, on the one hand to the use of the power supply system for the traction current, on the other hand to the coverage of the losses of the electrical systems from the substations to the train capture points are separated on the invoices.
"VI. - The use of the electric railway system for the traction current provided for in I also gives rise to the reimbursement by the railway company to the infrastructure manager of the transport and distribution costs paid by the latter to the managers of the transport networks or distribution of electrical energy. It gives rise to a rebranding to the euro by the infrastructure manager of these costs, increased from the other costs incurred.
« VII. - If the infrastructure manager provides related access to the telecommunications network or the provision of additional information, it provides them in non-discriminatory and transparent conditions to any railway undertaking.
"The provision of these benefits results in the collection of a royalty calculated under the conditions fixed by the Decree No. 2012-70 of 20 January 2012 relating to railway network service facilities. » ;
9° Section 4 is amended as follows:
(a) The 2° is replaced by the following:
« 2° A security certificate valid for the services envisaged and the infrastructure borrowed, issued under the conditions fixed by the Decree No. 2006-1279 of 19 October 2006 relating to the safety of railway traffic and the interoperability of the railway system for the national railway network and networks with comparable operating characteristics or operating authorization issued under the conditions established by the Decree No. 2003-425 of 9 May 2003 on the safety of guided public transport for other infrastructure. » ;
(b) After the fourth preambular paragraph, a fifth preambular paragraph is inserted:
"They must, in order to access the Fixed Link to carry out an activity referred to in the first paragraph, meet the operating rules of the infrastructure manager approved by the Intergovernmental Commission of the Fixed Link and the legislative or regulatory requirements or an international security agreement. » ;
10° After Article 4, an article 4-1 is inserted as follows:
"Art. 4-1. - The infrastructure manager ensures that known candidates and, at their request, potential candidates can express, prior to the adoption of the business plan referred to in theArticle L. 2122-7-1 of the Transport Code, their views on the content of this plan with respect to conditions of access and use, nature, conditions of availability and infrastructure development. » ;
11° In Part IV, an article 16-2 is inserted before section 17, as follows:
"Art. 16-2. - For applicationArticle L. 2122-4-3 of the Transport Code, the infrastructure management function related to the allocation of infrastructure capacity includes the adoption of all decisions relating to the definition and assessment of capacity availability and the allocation of individual links. » ;
12° Section 17 is replaced by the following:
“Art. 17. - I. - The infrastructure manager establishes and publishes a network reference document. This document includes:
« 1° A chapter outlining the consistency and characteristics of the infrastructure made available to railway companies and specifying the conditions of access to the railway companies, consistent with the information in the railway infrastructure register, as well as a presentation of the benefits referred to in section 3 and the conditions of their supply. It outlines the conditions under which companies that use the network implement the regulations relating to the use of infrastructure and receive and provide the information necessary for the implementation or operation of the service for which capacity has been granted;
« 2° A chapter on pricing principles and tariffs. This chapter contains appropriate details of the pricing system and sufficient information on infrastructure fees. In this capacity, it describes in detail the methodology, rules and, where appropriate, scales used to determine infrastructure costs and fees. It contains, when available, information on the proposed royalty changes over the next five years. It also contains useful information regarding network access to regulated benefits within the meaning of Decree No. 2012-70 of 20 January 2012 the railway network service facilities and the rules applicable to such access. It also sets out the criteria for determining the failure to use the assigned but unused capacities for the perception of the right referred to in section 33-3;
« 3° A chapter on principles and criteria for the allocation of infrastructure capacity. This chapter outlines the major features of the infrastructure capabilities available to railway companies and outlines any restrictions that limit their use, including the foreseeable constraints imposed by network maintenance. It also specifies procedures and deadlines for the allocation of capacity. It contains the specific criteria for this distribution, including:
“(a) Procedures for the introduction by applicants of capacity requests to the infrastructure manager;
“(b) The requirements to which candidates must meet;
"(c) Timelines for application and distribution procedures, procedures to be followed to request information on the programming and programming procedures of planned and unforeseen maintenance work;
"(d) The principles governing the coordination process and the dispute resolution system made available in this process;
“e) The procedures to be followed and the criteria to be applied when the infrastructure is saturated;
“(f) Details on restrictions on the use of infrastructure;
“(g) The rules for taking into account previous levels of capacity use to determine priorities in the distribution process.
"It details the measures taken to ensure adequate treatment of freight services, international services and requests under the second paragraph of Article 23. It contains a form template for capacity requests. The infrastructure manager also publishes detailed information on the procedures for the allocation of international links;
« 4° A chapter containing information on the application for a railway company licence and on security securities referred to in Article 4 of this Decree or indicating websites where such information is made available free of charge in electronic form;
« 5° A chapter containing information on dispute resolution and appeal procedures for access to railway infrastructure and services and on the performance improvement system referred to in section 34;
« 6° A chapter containing information on access to service facilities referred to in Article 3 of this Order and toArticle 1 of Decree No. 2012-70 of 20 January 2012 relating to railway network service facilities and the pricing of their use. When the service facilities are operated by the infrastructure manager, this chapter sets out their main features, the nature of the regulated services offered therein, by distinguishing the access services to the service facilities, the services rendered therein, the pricing arrangements for these services and services, and the typical examples of tariffs, the contact details of the persons to be contacted to obtain the performance of each service and the general terms and conditions of the contract to be intervened between the operator of the facility When service facilities are not operated by the infrastructure manager, the network reference document incorporates information on the websites of the operators of the service facilities concerned or indicates the addresses of the websites on which the information is made available.
"This chapter presents, for the national railway network, the list of passenger stations in the national railway network, grouped according to the categories defined in I of Article 13-1, and the applicable pricing principles as well as 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 and annexed to the network reference document;
« 7° A model agreement for the conclusion of framework agreements referred to in section 20 between an infrastructure manager and a candidate;
« 8° Details on the principles and rules relating to financial guarantees that may be required of candidates under articles 19-1 and 23-1.
“II. - The infrastructure manager submits the draft network reference document to the advice of the Minister for Transport, Candidates and national representative organizations of railway users. Notices are deemed to be favourable if they did not intervene within two months of the project's transmission. The draft amendments to the elements referred to in section 31 are contained in the draft network reference document.
"The infrastructure manager shall stop the network's reference document in French and in at least one other official language of the Union and shall make it public, by any appropriate means, no later than one year before the day on which the service schedule referred to in Article 18. Its content is freely available in electronic form. However, the infrastructure manager may charge a fee for the provision of the network reference document in paper format. Its amount does not exceed the cost of publishing this document.
"The manager holds the network reference document available so that it is, as part of the cooperation referred to in II of Article L. 2122-4-6 of the Transport Code, posted on a common portal.
"The network reference document is updated in the same forms. The updates on this document come into force after the infrastructure manager made them public by any appropriate means. These updates do not relate to the items mentioned in section 31. » ;
13° Section 18 is amended as follows:
(a) The first paragraph is replaced by the following:
"The infrastructure manager distributes capacity in a fair, non-discriminatory and transparent manner and in accordance with EU law.
"When it distributes infrastructure capabilities, it:"
(b) A is supplemented by the following sentence: "In respect of the specialized infrastructure referred to in Article 25-1, their capacity is considered to be available for the use of all types of services that conform to the characteristics required to borrow the link in question";
(c) In c, the word "applicants" is replaced by the word "candidates" and the words "national iron" are deleted;
(d) In d, the words "national iron" are deleted and after the words: "investment work on" are inserted the words: "network or on";
(e) The article is supplemented by the following paragraphs:
"The infrastructure manager respects, on the national railway network, the priorities identified by the Minister for Rail Cargo Transport. It takes into account the capabilities offered to the passenger transport services organized by the competent authority as part of a public service contract and reserves adequate capacity for the establishment of pre-established international links for trains of goods as provided for in Regulation (EU) No 913/2010 of the European Parliament and of the Council of 22 September 2010 on the European rail network for competitive cargo. It ensures the best use of infrastructure and the balanced development of all railway services.
"The infrastructure manager may take into account, under the conditions set out in the network's reference document, the prior levels of use of the links to determine priorities for the allocation of capacity. » ;
14° Article 18-1 is repealed;
15° Section 19 is amended as follows:
(a) The first six paragraphs are deleted;
(b) In the seventh preambular paragraph, the words: "sweepers" and "sweepers" are replaced respectively by the words: "candidates" and "capacity" and, after the words: "proposed in the second preambular paragraph", are inserted the words: "of theArticle L. 2122-12 of the Transport Code » ;
(c) The last paragraph is replaced by the following:
"The infrastructure manager is in a position to permanently indicate to any candidate the infrastructure capabilities that have already been allocated to candidates and railways using the network.
"It respects the confidentiality of the commercial information provided to it to investigate requests for capacity, conclude and apply the contract provided for in Article L. 2122-11 of the Transportation Code, in accordance with Decree No. 2015-139 of 10 February 2015 on the confidentiality of data held by the railway infrastructure manager and the ethics commission of the railway system. » ;
16° After Article 19, an article 19-1 is inserted as follows:
"Art. 19-1. - The conditions under which an infrastructure manager may impose financial guarantees on a candidate for payment of railway infrastructure fees or reject his/her request for infrastructure capacity on the ground that he/she does not justify his/her ability to submit compliant bids with a view to obtaining these capabilities are defined in the European Commission's Implementing Regulation (EU) 2015/10 of 6 January 2015, taken under the third paragraph of Article 41 of the EU Directive 2012/34/ These financial guarantees do not exceed an appropriate level, proportional to the level of activity envisaged by the candidate. » ;
17° Section 20 is replaced by the following:
"Art. 20. - The infrastructure manager may enter into a framework agreement with any candidate. The purpose of this framework agreement is to specify the characteristics of the railway infrastructure capacity, including the journey times, the time positioning, the volume and quality of the links, corresponding to the applicant's requests and that the infrastructure manager undertakes to offer it for any period exceeding one period of validity of the service schedule.
"The framework agreement does not define the furrows in detail but is established to meet the legitimate business needs of the candidate. The offer of sillons is valid for a period that cannot exceed one period of validity of the service schedule. It is renewable under the conditions set by the framework agreement.
"The framework agreement must be modified or limited to allow better use of rail infrastructure. It may provide compensation in the event of an amendment or early termination of the contract for non-compliance.
"The framework agreement shall be entered into, unless warranted, for a period of five years, renewable by periods equal to its original duration. The infrastructure manager may, in specific cases, accept shorter or longer periods.
"A period of more than five years is motivated by the existence of commercial contracts, special investments or risks.
"For services using specialized infrastructure that require significant and long-term investments, duly justified by the applicant, the framework agreement may be concluded for a period of fifteen years. A term of more than fifteen years is eligible only in exceptional cases, particularly in the case of large and long-term investments and especially in the case of contractual commitments including a multi-year amortization plan. In this case, the applicant may obtain a detailed definition of the characteristics of the capabilities, including the frequency, volume and quality of the links, which are made available for the duration of the framework agreement. The infrastructure manager may reduce reserved capacities whose use, over a period of at least one month, is less than a threshold set by the network reference document, unless this sub-use is due to non-economic reasons beyond operator control.
"The conclusion of a framework agreement does not exempt the individual from submitting his or her requests for links in accordance with the terms and conditions set out in Article 21. It is not an obstacle to the use by other candidates or transportation services of the infrastructure that is the subject of the framework agreement, including under the framework agreements provided for in Article L. 2122-7 of the Transport Code.
"Although respecting commercial confidentiality, the general provisions of each framework agreement, the routes on which framework agreements are concluded or the indicative volume of capacity covered by framework agreements are communicated by the infrastructure manager to any interested party. The terms and conditions for the disclosure of this information are set out in the confidential information management plan provided for in Decree No. 2015-139 of 10 February 2015 on the confidentiality of data held by the railway infrastructure manager and the ethics board of the railway system. » ;
18° Sections 21 and 22 are replaced by three articles 21, 21-1 and 22 as follows:
“Art. 21. - The manager shall, for the establishment, once a calendar year, of the service schedule, of a programming and coordination procedure.
"At the latest eleven months prior to the coming into force of the service schedule, infrastructure managers establish provisional international links in cooperation with infrastructure managers from other EU Member States. They shall ensure, to the extent possible, that these links are respected in the course of the proceedings.
"Requests for capacity, including to carry out scheduled maintenance work, are addressed to the infrastructure manager under the terms and conditions set out in the network reference document or, in the event of a framework agreement, by the stipulations of this agreement.
"Requests are for a period equal to that of the service schedule. At the end of the reporting period, the infrastructure manager shall, no later than four months prior to its entry into force, establish a proposed service schedule. This project takes into account the requests made, the priorities in the use of the network, the periods necessary for the scheduled maintenance of the network and the investment work, and, where appropriate, the need to reserve capacity to enable it to respond quickly to the foreseeable requests for capacity mentioned in section 23.
"The infrastructure manager strives, to the extent possible, to meet all requests for infrastructure capabilities, including those related to the links that cross more than one network and to take into account all the constraints that candidates face, such as the economic impact on their activities.
"When several requests are made for the same service, the infrastructure manager may reserve a link that will be granted to the railway undertaking that will provide the service. For this purpose, it may, for the instruction of requests for the assignment of links, request additional information on the nature of the proposed service. It communicates the proposed service schedule to known candidates and potential candidates who wish to comment on the impact that the service schedule may have on their ability to provide rail services during the validity period of this schedule. They have a month to present their observations. The infrastructure manager adopts appropriate measures to address the concerns expressed. As the one-month deadline has expired, the infrastructure manager will provide them with a final slink proposal.
"At the end of the programming and coordination procedure, the infrastructure manager stops the final service schedule and makes it public.
"Art. 21-1. - When the infrastructure manager is confronted, within the framework of the programming and coordination procedure referred to in section 21, with competing applications, it strives, through a process of coordination of applications, to ensure the best possible adequacy between them.
"When the situation is such that coordination is required, the infrastructure manager may, within reasonable limits, propose infrastructure capabilities different from those requested by the candidates. The methods and procedures used by the infrastructure manager for this purpose are described in the network reference document. They reflect, in particular, the difficulty of identifying international links and the impact that any change may have on other infrastructure managers.
"The infrastructure manager endeavours, by consulting the candidates concerned, to resolve potential conflicts. This consultation is based on the following information:
" - the furrows requested by all other candidates on the same lines;
" - the sillons initially allocated to all other candidates on the same lines;
" - the other furrows proposed on the relevant lines in accordance with the second paragraph;
" - comprehensive and detailed information on the criteria for the allocation of capacities.
"This information is provided without voluntarily revealing the identity of the other candidates, unless the candidates concerned have accepted it.
"When a request for infrastructure capacity cannot be met without coordination, the infrastructure manager strives to process all requests through this coordination.
"Without prejudice to the existing avenues of appeal and the competence of the Railway Activities Regulatory Authority, in the event of a dispute in the allocation of infrastructure capacities, a dispute resolution system ensures their speedy settlement. This system is set out in the network reference document. In case of recourse to this system, a decision shall be taken within 10 working days from receipt of the appeal.
“Art. 22. - When a line or line section of the railway network has been declared saturated under the conditions set out in section 26, that the royalties provided for in section 33-1 have not been collected or have not yielded satisfactory results and that the capability analysis has been carried out in accordance with the same section, the infrastructure manager shall affect the furrows according to priority criteria.
"These criteria and procedures to be followed to affect the links are set out in the network reference document.
"On the national ferre network, these criteria favour the following services:
" - services using pre-established links and any other service that the infrastructure manager considers to be important to the community;
" - national or international services that, on all or part of their journey, are carried out on specialized infrastructures referred to in Article 25-1;
" - international freight transport services;
" - railway freight services from and to ports;
" - the services performed under a public service contract passed with a transport operator authority.
"Infrastructural managers cooperate to ensure consistency in the application of these criteria. » ;
19° Section 23 is amended as follows:
(a) After the second preambular paragraph, a sub-item is added:
"The information on unused and available capabilities is made available to all candidates who may wish to use these capabilities. » ;
(b) The third paragraph is replaced by the following:
"The infrastructure manager shall, as soon as possible, decide less than one month on the requests submitted pursuant to the first paragraph and less than five working days on the ad hoc requests for links. The lack of response within these deadlines is a rejection of the application. » ;
(c) In the fourth paragraph, the words "sixth preambular paragraph" are replaced by the words "fifth preambular paragraph";
20° Section 24 is replaced by the following:
“Art. 24. - The contract.Article L. 2122-11 of the Transport Code covers the administrative, technical and financial conditions for the allocation of the links and the use of the infrastructure. He mentions the amount and terms of payment of infrastructure fees and other remuneration. » ;
21° After Article 24, an article 24-1 is inserted as follows:
"Art. 24-1. - Without prejudice to the national grid, articles 13 and 14 of Decree No. 2006-1279 of 19 October 2006 on the security of railway traffic and the interoperability of the railway system, in the event of a disruption of train traffic due to a technical failure or accident, the infrastructure manager shall take all necessary steps to ensure the recovery of the normal situation.
"In the event of an emergency and absolute necessity motivated by a failure that makes the infrastructure temporarily unusable, it may also require railway companies to make available the most appropriate means to restore this normal situation as soon as possible. The possible compensation terms and conditions for railway companies are specified in the contract passed under section 24. » ;
22° Section 25 is replaced by the following:
“Art. 25. - I. - The infrastructure manager may remove any attributed links:
« 1° Without notice, in the event of an emergency and absolute necessity, motivated by a failure making the infrastructure temporarily unusable, during the time required to rehabilitate the facilities;
« 2° If the use of a link over a period of at least one month has been below a threshold set out in the network's reference document, unless this sub-use is due to non-economic reasons beyond the control of the candidate.
“II. - It may also modify or remove any of the attributed links:
« 1° To enable the execution of unscheduled maintenance work on the railway infrastructure during the development of the service schedule referred to in Article 21;
« 2° To give priority, at the request of the Minister for Transport, to transportation necessary to the defence needs.
"III. - The decision mentioned in 2° of I and 1° and 2° of II is communicated as soon as possible by the infrastructure manager to interested railway companies with a minimum notice of fifteen days.
"This decision refers to the duration of the modification or deletion, which may be temporary or final in the case provided for in 2° of I.
"The infrastructure manager shall immediately inform the Minister responsible for transportation when the changes or removals of links are motivated by the needs of the national defence.
"The possible compensation terms and conditions are specified in the contract passed under section 24. » ;
23° After Article 25, an article 25-1 is inserted as follows:
"Art. 25-1. - Where adequate substitution routes exist, the infrastructure manager may, after consultation with interested parties, designate specialized infrastructure to be used by specific types of traffic.
"This designation is not an obstacle to the use of these infrastructures by other types of traffic as long as capabilities are available.
"When an infrastructure has been designated a specialized infrastructure, the traffics so identified can be prioritized in the allocation of capacity and this is reflected in the network's reference document. » ;
24° Section 26 is replaced by the following:
“Art. 26. - When the infrastructure manager finds, following the process of programming and coordination of capabilities and the consultation of candidates, the impossibility of responding favourably to all requests for capacity on a section of the infrastructure for certain periods, he immediately declares this section “saturated infrastructure”. The same applies to sections that may suffer from the same shortage in the near future.
"Unless a capacity-building plan referred to in the third paragraph has already been implemented, it shall, within six months of the declaration of saturation, conduct a capacity analysis to determine the constraints of the infrastructure capacity that prevent requests for capacity to be met in an appropriate manner and propose methods to meet additional requests. This analysis determines the reasons for this saturation and possible short- and medium-term measures to address it. It focuses on infrastructure, operating procedures, the nature of the various services being operated and the impact of these factors on infrastructure capabilities. The measures to be considered include the modification of the route, the reprogramming of services, the modification of speeds and the improvement of infrastructure.
"On the basis of capacity analysis and after consultation with users of the saturated infrastructure, it submits for approval, within six months of the completion of this analysis, to the Minister responsible for Transport a capacity-building plan that outlines the reasons for saturation, the likely evolution of traffic, the constraints that weigh on infrastructure development, the possible solutions regarding capacity-building and their cost, in particular with regard to the potential changes in infrastructure It defines, on the basis of a cost-benefit analysis of possible measures envisaged, actions to be taken to build infrastructure capacity and includes a timetable for their implementation. » ;
25° Section 27 and titles V and VIII, except section 39, are repealed;
26° After Article 26, a new title V is inserted as follows:
« Title V
" PROVISIONS RELATING TO TARIFICATION
“Art. 27. - For applicationArticle L. 2122-4-3 of the Transport Code, the infrastructure management function for railway infrastructure pricing includes all decisions relating to the pricing of minimum benefits, including the determination and recovery of infrastructure fees.
“Art. 28. - Without prejudice to the legislative or regulatory acts applicable to it, the infrastructure manager shall establish the rules for the pricing of the minimum benefits and related benefits and shall receive the infrastructure fees in accordance with the rules of this Order.
“Art. 29. - The infrastructure manager is in a position to prove to the Railway Activities Regulatory Authority and to railway companies that the infrastructure fees it actually charges to any railway undertaking are in accordance with the method, rules and scales defined in the network reference document referred to in Article 17.
"They respect the confidentiality of commercial information that is communicated by candidates for the establishment of these royalties, in accordance with the Decree No. 2015-139 of 10 February 2015 relating to the confidentiality of data held by the railway infrastructure manager and the railway system ethics board.
"The infrastructure manager ensures that the pricing system is based on the same principles on its entire network. It ensures that the existing pricing system is applied in a non-discriminatory manner and that infrastructure fees are equivalent for the equivalent use of the infrastructure and that comparable services provided in the same market segment are subject to the same fees. It shows, in the network reference document, that its pricing system meets these requirements, to the extent that it can do so without revealing confidential business information.
"It sets out a cost-imputation method for different categories of services offered to railway companies. This method is updated from time to time on the basis of international best practices.
"Art. 30. - Without prejudice to sections 31 to 33-2, the infrastructure fees charged for minimum benefits and for network access to service facilities are equal to the cost directly attributable to the operation of the railway service, which is calculated on the terms and conditions set out in the Commission's Implementing Regulations (EU) 2015/909 of 12 June 2015.
"The royalties collected under this section and sections 33-1 and 33-2 are expressed in averages calculated on a sufficient range of railway services and periods, so that the relative importance of infrastructure user fees remains in relation to the costs attributable to different services.
“Art. 31. - The infrastructure manager may, in order to recover the total costs incurred by the infrastructure manager and if the market lends itself, collect additional infrastructure fees for specific market segments, under the following conditions:
« 1° The infrastructure manager conducts, on the basis of the data available to it and in accordance with the relevant art rules, a screening assessment of the relevance of majorations for specific market segments, considering at least the following pairs of elements and retaining the most relevant:
" - passenger transport services and freight services;
" - domestic services and international services;
" - regular services and casual services;
" - the transport services of passengers at the urban or regional level and the transport services of passengers at the national level;
" - combined transport and conventional transport of goods;
" - complete trains and isolated trains of cars;
" - trains carrying dangerous goods and other freight trains;
« 2° The infrastructure manager defines the list of market segments. It contains at least three segments: freight services, passenger transport services under a public service contract and other passenger transport services. The infrastructure manager may perform a more extensive differentiation of market segments based on the goods or passengers transported.
"The market segments on which railway companies do not currently intervene but may provide services during the validity period of the pricing system are also defined, without introduction of majorations;
« 3° The infrastructure manager defines the level of royalty increases for the market segments of the list referred to in 2°. These increases are calculated on the basis of effective, transparent and non-discriminatory principles, while ensuring the optimum competitiveness of railway segments. The infrastructure manager's pricing system respects the productivity gains made by rail companies.
"The collection of royalty increases does not exclude the use of the infrastructure by market segments that can at least pay the cost directly attributable to the operation of the railway service, plus a profitability rate if the market lends itself to it.
"For market segments on which railway companies do not currently intervene but may provide services during the validity period of the pricing system, the infrastructure manager does not introduce any increase in the pricing system;
« 4° The list of market segments is published in the network reference document referred to in section 17 and is subject to revision at least every five years.
“Art. 32. - For specific future investment projects or specific investment projects that have been completed after 1988, the infrastructure manager may fix or maintain higher fees based on the long-term cost of such projects, provided that these projects are projects that improve performance or profitability and that, if not, could not or could not have been implemented. Such pricing arrangements may also include agreements, including between the infrastructure manager and candidates, on the sharing of risks related to new investments.
“Art. 33. - Without prejudice to the Union's rules on State aids, the infrastructure manager may only make reductions on infrastructure fees under the following conditions:
« 1° Reductions are limited to the actual administrative cost savings realized by the infrastructure manager. To determine the level of reduction, the savings already incorporated in the levy may not be taken into account;
« 2° Reductions may be limited to infrastructure charges collected for a specific section of the infrastructure;
« 3° Similar reduction systems apply to similar services. They are applied in a non-discriminatory manner to all railway companies.
"By derogation from 1°, the infrastructure manager can introduce reduction systems for all users of the infrastructure and that provide, for specific traffic flows, time-limited reductions to encourage the development of new railway services, or reductions that favour the use of significantly underutilized lines.
"Art. 33-1. - The infrastructure royalties referred to in section 30 may include, as a result of the scarcity of capacity, a fee collected during the saturation periods found or foreseeable on the sections of the infrastructure declared saturated under section 26.
"The infrastructure manager ceases to collect this fee on these sections when it does not submit a capacity-building plan or when it delays implementing the actions defined in the capacity-building plan referred to in the third paragraph of section 26.
"However, the Railway Activities Regulatory Authority may authorize the infrastructure manager to continue to collect this fee under the conditions set out in the third paragraph of Article L. 2122-4-7 of the Transport Code and Article L. 2133-5-2 of the same code. She makes her decision within two months of her referral. The absence of an AMF response at the end of this period is authorized.
"Art. 33-2. - I. - The infrastructure fees referred to in section 30 may be amended to reflect the cost of the impact on the train operation environment. These changes are differentiated depending on the extent of the effect generated.
"They must not result in an increase in the overall amount of revenues generated by the infrastructure manager.
"The latter ensures the traceability of the origin and application of environmental costs royalties and keeps the necessary information, which is communicated to the Minister responsible for transport at his request.
“II. - When the modifications are intended to take into account the cost induced by noise, they are differentiated according to the magnitude of the noise generated, in accordance with the terms set out in Commission Implementing Regulation (EU) 2015/429 of 13 March 2015.
"These modifications promote the modernization of cars using low noise braking technology available under the most advantageous economic conditions.
"Art. 33-3. - In order to encourage effective use of capabilities, the infrastructure manager may receive an appropriate right for assigned but unused capabilities when candidates who have been assigned a link are occasionally absent from using it in whole or in part.
"The manager is required to perceive this right when candidates regularly refrain from using it in whole or in part.
"In the network reference document referred to in section 17, the infrastructure manager sets out the criteria for determining the default of use for the perception of that right, in particular those that determine whether the lack of use in all or part of the link is casual or regular.
"This right is paid either by the candidate or by the railway company designated in accordance with theArticle L. 2122-11 of the Transport Code.
“Art. 34. - The infrastructure manager establishes a performance improvement system that encourages it, as well as railway companies, to minimize failures and improve railway network performance, without compromising the economic viability of a railway service.
"This system may include penalties for acts that cause network failures, compensation for companies that are victims of these failures and bonuses in the event of good performance exceeding the forecast.
"The infrastructure manager, in agreement with the candidates, sets out the main parameters of the performance improvement system, including the value of delays and the thresholds for payments due under this system in relation to both individual train movements and all train movements of a railway undertaking during a given period.
"To the extent possible, these delays, ranked in one of the categories and sub-categories mentioned in c of 2 of Annex VI to Directive 2012/34/EU of the European Parliament and the Council of 21 November 2012, establishing a single European railway space (reflect), are attributed to a single organization, taking into account both the responsibility for the disruption caused and the ability to restore normal traffic conditions.
"For late payments, the calculation takes into account the average delay in railway services subject to similar punctuality requirements.
"The infrastructure manager shall, as soon as possible, communicate to railway companies a calculation of the payments due under the performance improvement system.
"In the event of a dispute over the performance improvement system, a dispute resolution system allows for a speedy resolution of these disputes. In case of recourse to this system, a decision is taken within 10 working days.
"Once a year, the infrastructure manager publishes the annual average level of performance that railways have achieved against the main parameters set out in the performance improvement system.
“Art. 35. - The infrastructure manager may establish infrastructure fees over a multi-year period.
"In order to review these royalties by the Regulatory Authority of railway activities pursuant to the article L. 2133-5 or article L. 2133-6 of the transportation code, any infrastructure manager shall provide this authority with any necessary information on the establishment of its pricing system and on the levy of candidates. It details the calculation methods and indexing formulas for the period in question. » ;
27° After section 35, a title VI is inserted as follows:
« Title VI
OTHER PROVISIONS
28° In section 39, the words: ", with the exception of articles 10, 12, 15, 16, 28 and 38 that will be amended under the conditions specified in thearticle 2 of the decree of 15 January 1997 referred to above » are deleted.
B of title IIAnnex to the above-mentioned Decree of 19 December 1997, under the heading: Decree No. 2003-194 of 7 March 2003 the words "3. Decision on prior administrative appeal. Article 28 » are deleted.
In section 6 of the above-mentioned Decree of 27 March 2007, the words "sweet applicants" are replaced by the word "candidates".
The above-mentioned decree of 10 February 2015 is amended:
1° In Article 1 and Article 6, the words: "Article L. 2122-4-1" are replaced by the words: "Article L. 2122-4-4";
2° At the 1st of Article 2, the words "applicant or one" and: "needer or that" are replaced respectively by the words "candidate or railway company" and: "candidate or railway company";
3° In Article 3, the words: "applicant or" are replaced by the words: "Candidate or railway company";
4° Section 5 is amended as follows:
(a) In the first sentence of the first paragraph, the word "Le" is replaced by the words: "In accordance with theArticle L. 2122-4-5 of the Transport Code, the »
(b) In the second paragraph of Article 5, after the word: "Notice" is inserted the word "compliant".
I. - The reference documents of the already published network continue to apply to requests for the allocation of capacities submitted for a period for which the deadline for the submission of such requests expires on the date of entry into force of this Order.
II. - The provisions of this Order apply to the Fixed Liaison effective the date of the repeal of the Intergovernmental Commission Regulation respecting the use of the Channel Tunnel signed in London on July 23, 2009.
The Minister of Ecology, Sustainable Development and Energy and the Secretary of State for Transport, the Sea and Fisheries are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on August 20, 2015.
Manuel Valls
By the Prime Minister:
Minister of Ecology, Sustainable Development and Energy,
Royal
State Secretary for Transport, the Sea and Fisheries,
Alain Vidalies
