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General Railway Law

Original Language Title: Allgemeines Eisenbahngesetz

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General Railway Law (AEG)

Unofficial table of contents

AEG

Date of completion: 27.12.1993

Full quote:

" General Rail Act of 27 December 1993 (BGBl. I p. 2378, 2396; 1994 I p. 2439), which is defined by Article 1 of the Law of 28 May 2015 (BGBl. I p. 824).

Status: Last amended by Art. 4 Abs. 120 G v. 7.8.2013 I 3154
Note: Indirect change by Art. 1b G v. 24.5.2014 I 538 is considered
Amendment by Art. 1 G v. 28.5.2015 I 824 (No 21) in a textual proof, not yet concludedly processed in a documentary form

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1994 + + +) 

The G was decided as Article 5 G 930-8 v. 27.12.1993 I 2378 (ENeuOG) of the Bundestag with the consent of the Bundesrat. It's gem. Article 11 (1), first sentence, of this G entered into force on 1 January 1994. Unofficial table of contents

§ 1 Scope of application, competitive conditions

(1) This Act is designed to ensure the safe operation of the railways and to provide an attractive means of transport by rail, as well as to ensure effective and undistorted competition on the railways in the case of the provision of Rail transport services and the operation of railway infrastructure. This Act also provides for the implementation or implementation of legal acts of the European Communities or of the European Union in the field of railway law. (2) This Act applies to railways. It does not apply to other rail tracks, such as magnetic levitation trains, trams and the railways, cable cars and other railways of special design which are similar to those of their construction or operating mode. It shall also not apply to the supply of railway energy, in particular to the supply of electricity, and telecommunications services, unless otherwise provided for by this Act or by this Act. (3) The provisions of this Act shall not apply, subject to the first sentence of Article 26 (1) (1a) in conjunction with the second sentence, to the extent laid down in Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 June 2007 on the implementation of the provisions of this Act. October 2007 on the rights and obligations of rail passengers (OJ L 327, 28.12.2007, p. EU No 14). (4) Regulation (EC) No 1371/2007, in accordance with Article 2 (5) thereof, does not apply to such transport services of the rail passenger transport sector, which are mainly based on: for reasons of historical interest or for tourism purposes. (5) With the aim of the best transport operation, the Federal Government and the State Governments have to work towards aligning the conditions of competition between the modes of transport, and the fact that a fair competition between modes of transport is economically viable task-sharing is made possible. Unofficial table of contents

§ 2 Definitions

(1) Railways are public bodies or private-sector undertakings providing railway services (railway undertakings) or operating a railway infrastructure (railway infrastructure undertakings). (2) Rail transport services are the transport of persons or goods on a railway infrastructure. Railway undertakings must be in a position to ensure the promotion of trains. (2a) Cross-border freight transport services are transport services for the carriage of goods where the train is at least one frontier of a Member State of the European Union or of a Member State of the Agreement of 2 May 1992 on the European Economic Area; the train can be extended and divided and the different parts of the train can be extended and divided; and Where all wagons cross at least one border. (2b) International passenger transport services are transport services for the carriage of passengers where the train is at least one frontier of a Member State of the European Union or of a Member State of the Agreement on the European Union the main purpose of the train is to transport passengers between railway stations in different Member States; the train can be extended and separated and the various train stations can be used for different types of passenger transport. and destinations, provided that all wagons have at least one border (3) The railway infrastructure shall include the operating facilities of the railways, including the railway lines. (3a) Rail operators shall be any railway infrastructure undertaking which shall operate, construct and maintain the railway infrastructure. Rail routes of rail transport, with the exception of rail routes in service facilities. (3b) Rail routes which are used for the purpose of their own freight transport include railway lines which are used for internal transport or on-the-road transport. and delivery of goods by rail for one or more certain companies. Own freight transport is also available if such rail routes do not carry the company itself, but a third party carries out the transport for the company. (3c) Service facilities are
1.
fuel intake facilities,
2.
passenger train stations, their buildings and other facilities,
3.
Freight terminals and terminals,
4.
Rangierbahnhöfe,
5.
train-training facilities,
6.
Deraillees,
7.
maintenance facilities and other technical facilities and
8.
Ports.
(4) (omitted) (5) Rail passenger transport is the generally accessible transport of persons in trains which are mainly intended to satisfy transport demand in urban, suburban or regional transport. This is in doubt the case if in the majority of the transport cases of a train the entire travel distance does not exceed 50 kilometers or the total travel time does not exceed one hour. (6) Railways or companies of the federal government are companies that are are mainly in the hands of the federal government or a majority owned by the federal government. (7) The top national transport authorities involved decide, as far as these are not railways of the federal government, in cases of doubt, in consultation with the Federal Government. with the Federal Ministry of Transport and Digital Infrastructure, and to what extent Railway railway to the railways within the meaning of this law is to be reckon with. They also decide, in so far as these are not federal railways, whether local rail passenger transport is available within the meaning of paragraph 5. (8) Regional transport networks are rail routes on which there are no trains for the long-distance passenger transport system. (9) Regional railways are railway undertakings which provide transport services exclusively on networks of regional transport, even if they extend beyond these networks to the transitional railway station outside the network of the Regional transport. Unofficial table of contents

§ 3 Public Rail Transport

(1) Railways shall be used for public transport (public railways) if they are used as
1.
railway undertakings are operated on a commercial or commercial basis and are able to use them according to their intended purpose for the carriage of passengers or goods (public rail transport undertakings),
2.
railway infrastructure undertakings must grant access to their railway infrastructure (public railway infrastructure undertakings),
3.
Operators of rail routes must provide access to their rail routes (public operators of rail routes).
(2) The railways not covered by paragraph 1 shall be non-public railways. Unofficial table of contents

§ 4 Security obligations, responsibilities of the Federal Railway Agency

(1) Rail infrastructure and vehicles must meet the requirements of public safety
1.
to the construction at the time of commissioning and
2.
to the holding
(2) If a permit is required for the entry into service of a railway infrastructure or a vehicle, then railways, holders of railway vehicles or manufacturers may be authorised to enter into service. (3) Railways and holders of railway vehicles shall be obliged to:
1.
to keep their operations safe and
2.
to take part in measures of fire protection and technical assistance.
Railways are also obliged to build the railway infrastructure safely and keep them in safe condition. (4) Railways, which require a safety certificate or a safety permit, have a safety management system , in accordance with Article 9 (2) and (3) of Directive 2004 /49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95 /18/EC on the granting of authorisations Railway undertakings and Directive 2001 /14/EC on the allocation of Railway infrastructure capacity, the levying of charges for the use of railway infrastructure and safety certification ('Railway Safety Directive ') (OJ C 327, 28.4.2002, p. 44, OJ L 220, 21.6.2004, p. 16), as last amended by Directive 2009 /149/EC (OJ L 164, 30.4.2009, p. 65), it is necessary to set up and keep records of its content in a non-personal form. The other railways shall, in a suitable manner, establish rules to meet the requirements of public security and keep records of their content in a non-personal form. (5) The railways shall not have identify any more used records relating to the system referred to in the first and second sentences of paragraph 4 immediately as such. The railways are obliged to keep the records for five years from the date of the marking. (6) With regard to the establishment, modification, maintenance and operation of the operating facilities and the rolling stock of the Federal Railways, the railways are obliged to keep the records. the Federal Railway Authority
1.
the issuing of the duties, authorisations and authorisations;
2.
Take-off, checks and surveillance
on the basis of other laws and regulations. Section 5 (5) shall remain unaffected. (7) The operator of the railway infrastructure must also operate the associated control and security systems and the associated facilities for distance-related supply of driving power to the object of his company. . Unofficial table of contents

§ 4a Maintenance

(1) The railways and the holders of railway vehicles shall be responsible for the maintenance of each of their railway vehicles (body responsible for maintenance). They may delegate the task referred to in the first sentence to the body responsible for maintenance of a third party. (2) Without prejudice to the responsibility of the railways and the holders of railway vehicles for the safe operation of the railway vehicles, they shall be responsible for the maintenance of the service. (3) In order to maintain it, the competent authorities, which require a maintenance certificate, shall be required to carry out a maintenance service. Maintenance system and its contents in non- of the personal form of records. The maintenance system shall be governed by the requirements of Article 4 of Commission Regulation (EU) No 445/2011 of 10 May 2011 establishing a system for the certification of bodies responsible for the maintenance of freight wagons and the Amendment of Regulation (EC) No 653/2007 (OJ L 327, 28.11.2007, OJ No L 122, 11.5.2011, p. 22). The maintenance shall be based on:
1.
the maintenance documents of each railway vehicle referred to in Article 4 (1) (b) of Regulation (EU) No 445/2011; and
2.
the applicable requirements, including those relating to vehicle maintenance and technical specifications for interoperability.
(4) The other bodies responsible for the maintenance of railway vehicles which do not require a maintenance certificate must, in a suitable manner, lay down rules for the fulfilment of public safety requirements and, on the other hand, (5) The bodies referred to in paragraphs 3 and 4 shall immediately, as such, have no longer any records relating to the system referred to in the first sentence of paragraph 3 and paragraph 4 of that system. flag. The bodies shall be obliged to keep records from the date of marking for five years. (6) The bodies referred to in paragraphs 3 and 4 shall keep the maintenance documents of each railway vehicle for as long as the Railway vehicle as such can be used. The maintenance records of each railway vehicle with respect to the maintenance documents are according to DIN 27201-2:2012-02 2) storage.
2)
Official note: This DIN standard has been published in Beuth-Verlag GmbH, Berlin, and is deposited at the German Patent and Trademark Office in Munich, in terms of its archives.
Unofficial table of contents

Section 4b Review experts

(1) Examination of test experts on behalf of the railways, the manufacturer, the safety authority or the railway supervisory authorities of the countries
1.
compliance with the national technical requirements other than those laid down in Article 17 (3) of Directive 2008 /57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system in the Community (recast) (OJ C 139, 1), as last amended by Directive 2014 /38/EU (OJ L 197, 21.7.2014, p. 20), has been notified, or
2.
proof of a permissible deviation from the technical requirements referred to in paragraph 1 in the field of
a)
the production of construction equipment, signalling systems, telecommunications equipment and electrical installations, as well as
b)
the use of construction products, construction types, components, systems and processes.
Test experts shall be recognised, provided that they have the necessary expertise, are reliable and independent of the contracting entity. Your activity will be monitored. For the purposes of Article 26 (1), first sentence, point 1 (f) (2), the further information on recognition and supervision shall be governed by the provisions of Article 26 (1) (1) (1) (f) (2). of the countries as their administrative helpers. Unofficial table of contents

Section 5 Railway supervision

(1) Railway supervision shall be subject to compliance with
1.
this law and the legal regulations based on it,
2.
of the law of the European Communities or of the European Union, insofar as it relates to articles of this law or to Regulation (EC) No 1371/2007,
3.
of intergovernmental agreements, in so far as they relate to articles of this law,
(1a) In the case of railway supervision and permits, unless otherwise provided for in this Act, the competent authority shall be responsible for:
1.
the Confederation for
a)
Federal railways with domials in Germany,
b)
Federal railways without domials in Germany with regard to the use or operating of a railway infrastructure in the territory of the Federal Republic of Germany,
c)
non-national railways without domials in Germany with regard to the use of a railway infrastructure in the territory of the Federal Republic of Germany,
2.
the countries for
a)
Non-federal railways with domials,
b)
non-national railways without domials in Germany with regard to the operating of a railway infrastructure in the territory of the Federal Republic of Germany.
(1b) In the case of railway supervision and permits, unless otherwise provided for in this Act, it shall be responsible for:
1.
in the case of railway undertakings referred to in paragraph 1a (2) (a), the country in which they have their registered office,
2.
in the case of railway infrastructure undertakings referred to in paragraph 1a (2), the country in which they operate their railway infrastructure.
In the case of the first sentence of sentence 1, the participating countries may agree otherwise. (1c) The authority responsible for the railway supervision of a railway infrastructure undertaking shall also be subject to the supervision of railway undertakings, to the extent that the latter are responsible for the (1d) It is the responsibility of the Federal Government
1.
the recognition and monitoring of
a)
for the purposes of Article 2 (j), in conjunction with Articles 18 and 28 of Directive 2008 /57/EC,
b)
within the meaning of the third sentence of Article 17 (3) of Directive 2008 /57/EC, and
2.
the task of the recognition office of assessment bodies within the meaning of Article 7 (b) in conjunction with Article 13 (1) of the Commission Implementing Regulation (EU) No 402/2013 of 30 April 2013 on the common safety method for the evaluation and evaluation of risks and repealing Regulation (EC) No 352/2009 (OJ L 145, 31.5.2009, p. OJ No L 121, 3.5.2013, p. 8).
The Federal Government shall carry out the tasks set out in the first sentence of the first sentence by the competent authority responsible for the railway supervision referred to in the first sentence of paragraph 2 as the safety authority. The safety authority shall, on request, be granted recognition in accordance with the first sentence. Without prejudice to the first subparagraph of point 1 (a), the Federal Government shall exercise the functions of a notified body, in so far as such a body is subject to the law of the European Community or of the European Union in relation to the interoperable railway system. For this purpose, a notified body shall be set up at the competent federal authority responsible for the railway supervision referred to in the first sentence of paragraph 2. (1e) The Federal Government shall be responsible for the rules-based railways, the holders of railway vehicles and those for the maintenance of the railway system. competent bodies
1.
approval of the putting into service of structural subsystems and parts thereof within the meaning of the law of the European Communities or of the European Union;
2.
the granting of
a)
safety certificates and safety approvals; and
b)
Maintenance posts-certificates and certificates for maintenance functions;
3.
the recognition of training facilities and the monitoring of their activities, as well as the keeping of a register of training facilities;
4.
railway supervision, with the exception of the monitoring of compliance with the provisions of § § 8 to 13, on non-federal railways, which require a safety certificate or a safety authorisation;
4a.
railway supervision by means of a holder in accordance with § 32, whose railway vehicles must be registered in the register of vehicles in accordance with section 25a;
5.
railway supervision of the placing on the market of interoperability constituents within the meaning of the law of the European Communities or of the European Union;
6.
the monitoring of the rules laid down by public railways, which contain requirements to ensure rail safety and which are applicable to more than one railway, with the exception of the rules of operators of regional railways and networks of the regional transport;
7.
the management of an official vehicle registration register, to the extent that it is to be established in accordance with the law of the European Communities or the European Union;
8.
in cases where the railway undertaking has to have a safety certificate or a safety certificate,
a)
the issuing, suspension and withdrawal of train drivers and the monitoring of the continued existence of the conditions of grant;
b)
The
aa)
to monitor the procedure for issuing certificates relating to the infrastructure and the vehicles which the owner of a driving licence may use and carry out (certificates),
bb)
supervision of the existence of the conditions of grant of certificates and of the necessary supervisory measures,
cc)
the handling of complaints in the context of the procedure for issuing certificates;
c)
the driving of a driving licence register;
d)
the recognition or authorisation of
aa)
Physicians and psychologists for the examination of the tautness and
bb)
Checkers
for the issuing of train drivers and certificates and their monitoring, and the management of a register of such licences;
9.
the approval of exemptions from the application of certain technical specifications for interoperability.
The Federal Government shall carry out the tasks set out in the first sentence of the first sentence by the competent authority responsible for the supervision of the railway pursuant to the first sentence of paragraph 2. (1f) The Federal Government shall be responsible for investigating dangerous events in the railway operation. Railway infrastructure subject to its railway supervision. The Federal Government is responsible for the task of the Federal Ministry of Transport and Digital Infrastructure as an investigative authority in accordance with the first sentence. This can be revoked at any time by the Federal Railways Office with investigative actions. In the case of the assignment, the Federal Railway Authority shall have the powers of the investigating authority, insofar as the powers for carrying out the investigative actions are required. (1g) The employees responsible for the accident investigation In the event of an accident investigation, the Federal Railway Agency shall be subject exclusively and directly to the orders of the Federal Ministry of Transport and Digital Infrastructure responsible for the investigation, in so far as the orders do not the employment status of the employees of the The Federal Government is responsible for the recognition and supervision of test experts within the meaning of § 4b. (1i) The tasks and powers of the authorities responsible for the prosecution and prosecution of administrative offences. shall remain unaffected. (2) The federal government shall be responsible for the authorities designated in accordance with the Federal Railway Traffic Management Act, and for the respective country the authority designated by the Land Government. The respective country and the federal government can agree with each other, the railway authority, the power to issue permits as well as the investigation of accidents and dangerous events, in whole or in part, to the federal government. The expenses associated with the tasks assigned to it shall be reimbursed to the Federal Government. The Federal Railway Authority shall carry out the tasks assigned to it in accordance with the instructions and on behalf of the country. The State Government may delegate, in whole or in part, to other public or private bodies, the supervision of the railway system and the power to issue authorisations. The supervisory and approval authority within the meaning of this Act is also the body which transferred tasks to the state government pursuant to sentence 4 or the Federal Ministry of Transport and Digital Infrastructure according to the Federal Railway Traffic Management Act (3) The provincial government shall designate the authority responsible for railways of the Federal Republic of Germany and for non-national railways without domials, in so far as it is concerned with the fulfilment of conditions on the basis of Article 1 (5) and (6) of the Regulation (EEC) No 1191/69 of the Council of 26 June 1969 on the action of the Member States in the field of public service obligations in the field of transport by rail, road and inland waterway (OJ L 327, p. EC No 1), as last amended by Council Regulation (EEC) No 1893/91 of 20 June 1991 (OJ L 156, 29.6.1991, p. 1). EC No 1), concerning the rail passenger transport of these railways in the territory of the Federal Republic of Germany. (4) By way of derogation from paragraphs 1a and 1b, it is responsible for the approval and compliance with tariffs.
1.
in the case of local rail passenger transport, the authority designated by the Land Government of the country in which the railway undertaking is situated;
2.
of a transport and collective bargaining system applied by a railway undertaking, the authority designated by the Land Government, of the country in which the respective network is situated.
If the railway undertaking has its head office abroad, the authority of the country in which the majority of the railway infrastructure used is situated after the length of the course is responsible. The competent licensing authority shall take its decision after consultation with the approval authorities of the countries in contact with the scope of a tariff. (5) Compliance with industrial safety rules shall be taken by the competent authorities responsible for compliance with the provisions of this Regulation. Authorities. The Federal Ministry of Transport and Digital Infrastructure may, in agreement with the Federal Ministry of Labour and Social Affairs, by means of a legal regulation for rail vehicles and installations which are directly responsible for ensuring the operational run-off. , with the consent of the Federal Council, transfer responsibility to the Federal Railway Authority (Bundesamt). (6) At the request of a railway undertaking, which is also beyond the transitional railway station situated outside the network of regional transport Local rail passenger transport to the nearest town with a population of over 100 000 , the Federal Ministry of Transport and Digital Infrastructure may, after consulting the participating countries, order, on a case-by-case basis, that the provisions applicable to regional railways should be applied to this railway undertaking, to the extent that:
1.
there is a particular regional need,
2.
the railway undertaking has demonstrated the necessary competence and
3.
the uniformity of railway supervision will not be jeopardised.
The order shall be notified to the applicant and to the countries concerned. It is to be published in the Federal Gazette. (7) (omitted) Unofficial table of contents

Section 5a Tasks and powers of the railway supervisory authorities

(1) The railway supervisory authorities shall have the task of monitoring compliance with the provisions referred to in Article 5 (1), to the extent that nothing special is intended in this law. In particular, they have the task of:
1.
-to prevent hazards arising from the operation of the railway or from the operating installations; and
2.
to investigate dangerous events in railway operations.
The railway supervisory authorities may, in the performance of their duties, meet those required by the provisions referred to in Article 5 (1) to take the measures necessary for the elimination of detected infringements and for the prevention of such infringements. (3) The competent supervisory authority referred to in Article 5 (1c) shall have only the powers referred to in paragraph 2, paragraph 4 (2), (4) and (5) of the rail transport undertakings. It shall inform the competent supervisory authority of the railway undertaking in accordance with Article 5 (1a), (1b) and (2) of any complaints and measures taken. (4) The persons referred to in paragraph 2 and the persons working for them shall have the following information: allow railway supervisory authorities and their agents to carry out railway supervision;
1.
to enter land, business premises and operating facilities within the usual business and working hours,
2.
to enter railway vehicles and to travel free of charge and without a driving licence,
3.
to see books, business documents, documents, in particular documents relating to the obligations of the railways pursuant to Sections 4, 12 and 14 of this Directive,
4.
Objects and records of the course of the journey, train reports and disturbances to the investigation of dangerous events in official custody.
The persons responsible under paragraph 2 and the persons working for them shall have all the railway supervisory authorities and their representatives required to carry out the supervision of the supervision of the railway system.
1.
to provide information,
2.
to provide evidence,
3.
to provide tools and provide assistance services.
The information shall be given truthfully and to the best of its knowledge. The person responsible for providing information may refuse to answer such questions, the answer to which he or she himself or one of the members of the civil procedure referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure of the criminal prosecution or of a person liable to prosecution. (6) Undertaking undertakings which maintain domestic and national safety and security systems and the persons working for them are obliged to comply with the obligations laid down in Article 5 (1a), (1b), (1e), (1f) and (1) 2 competent supervisory authorities and their representatives for the implementation of the To allow railway supervision to examine railway vehicles and operational and safety systems within the usual business and working hours. They must provide the necessary tools and provide assistance services. If maintenance is carried out abroad, the railways are to enable the supervisory authorities to verify the conditions set out in the first sentence. (7) The provisions of the Administrative Procedure Act concerning the investigation of the facts in the administrative procedure shall apply to: the investigation of dangerous events in railway operations. The authorities responsible for the investigation of dangerous events in the railway sector shall have the power to impose an insurance on the oath instead of. Witnesses and experts are obliged to testify or to reimburse an expert opinion; paragraph 5 sentence 3 and section 65 (1) sentence 2 of the Administrative Procedure Act shall apply accordingly. (8) The railway supervisory authorities competent pursuant to § 5 (1a) shall, in the performance of its tasks referred to in paragraph 1, also be responsible for handling complaints relating to a suspected infringement of a railway or a tour operator or a ticket vendor within the meaning of Article 3 (6) or (7) of Regulation (EC) No 1371/2007 against the provisions of this Regulation or on the basis of Article 26 (2) (a) 1, first sentence 1 (1a) of the Regulation. The responsibility for complaints about the breaches of the law of a tour operator or ticket vendor is determined by the responsibility for the railway, whose tickets are sold by the tour operator or ticket vendor. Insofar as the Federal Railway Authority is not itself the responsible railway supervisory authority, it shall immediately forward a complaint to the competent railway supervisory authority. (8a) The railway authority may be natural or legal persons (9) The railway supervisory authorities may enforce their orders in accordance with the rules applicable to the enforcement of administrative measures. The amount of the penalty is up to 500 000 euros. Unofficial table of contents

§ 6 Grant and approval of the authorisation

(1) No one shall be allowed without authorisation
1.
rail transport services,
2.
take part in the railway operation independently as a holder of railway vehicles, or
3.
Rail routes, control systems and safety systems or platforms.
Do not require approval
1.
non-public railway undertakings which exclusively provide rail transport services in the carriage of goods and which use only railway infrastructure which is not used for public transport;
2.
holding of railway vehicles which use only railway infrastructure which are not used for public transport;
3.
non-public railway infrastructure undertakings,
4.
public railway infrastructure undertakings for the operation of service facilities, including rail and control and security systems, in service facilities, as well as for the access to service facilities Benefits; Sentence 1, No 3 shall remain unaffected.
(2) The authorisation shall be granted on request, if:
1.
the applicant as an entrepreer and the persons appointed for the management of the business are reliable,
2.
the applicant as an entreprenter is financially capable,
3.
the applicant as an entrepreer or the persons appointed for the management of the business shall have the necessary technical knowledge
and thus provide the assurance of a safe operation. The same applies to an applicant as a holder of railway vehicles in so far as it concerns self-employed participation in the railway operation and for the persons appointed by the latter to the extent that they are responsible for managing the operations. (3) The authorisation shall be only granted
1.
Railway undertakings for the provision of rail transport services for the carriage of passengers or goods,
2.
Holders of railway vehicles for self-employed participation in railway operations,
3.
Railway infrastructure undertakings for the operation of a specific railway infrastructure.
(4) Valid authorisations of public railways which already provide railway services or operate a railway infrastructure upon the entry into force of this Act shall continue to apply in so far as they comply with the content of this Act. are sufficient. In addition, these railways shall be authorised on request without examination of the conditions set out in paragraph 2. Sentence 2 shall apply only if the authorisation is requested within one year of the entry into force of this Act. (5) Applicants may be each undertaking established in the Federal Republic of Germany. (6) The duration of the authorisation shall be valid in the following year: Rule at
1.
Railway undertakings shall not exceed 15 years,
2.
Railway infrastructure undertakings no more than 50 years
(7) The licensing authorities shall inform each other of the granting, modification or revocation of authorisations. (8) Anyone who is entitled under the law of another Member State of the European Union or of a Member State of the Convention of 2 May 1992 on the European Economic Area for the activities referred to in the first sentence of paragraph 1 of the first sentence of the first subparagraph or of the second sentence of paragraph 1, no authorization shall be required in the national territory pursuant to paragraph 1. (9) Railways which shall be subject to the law of a Member State not a member of the European Union or of the Agreement of 2 May 1992 on the European Economic Area , where rail transport is authorised, no authorisation shall be required for the provision of rail transport services in the territory of the country in accordance with paragraph 1, provided that this has been agreed between the Member States. (10) The railways and railways covered by paragraphs 8 and 9 Holders of railway vehicles must prove their admission to the Federal Railway Authority before taking up the traffic on the territory of the Federal Republic of Germany. § 14 shall remain unaffected. Unofficial table of contents

Section 7 Revocation of authorisation

(1) The approval authority shall revoke the authorisation if one of the conditions set out in Article 6 (2) is no longer available. If it is to be expected that the restoration of the conditions of § 6 para. 2 is possible in a reasonable period of time, the approval authority may set a corresponding deadline for recovery. If the time limit is unsuccessful, the authorisation shall be revoked if the authority does not extend the time limit. (2) At the request of the approval authority, the railway has to prove that the labour law, which is the subject of the law, is legally required. social law or tax obligations. The financial authorities may notify the approval authorities of the repeated failure to comply with the tax obligations or the delivery of the property information in accordance with § 284 of the tax code. The communication from the financial authorities may only be used for the purpose of a withdrawal procedure. (3) (omitted) Unofficial table of contents

Section 7a Safety certificate and national certificate for railway undertakings

Without a safety certificate, railway undertakings shall not participate in the regular-track public railway operation, subject to paragraph 4. The first sentence shall not apply to regional railways which operate only in the territory of the country. (2) The safety certificate shall be for railway services as defined by type and geographical extent, upon written application for the rail networks in question, or to grant railway undertakings to public railway infrastructure undertakings if the railway undertaking provides proof that:
1.
set up a security management system that meets at least the requirements of Article 9 (2) and (3) of Directive 2004 /49/EC, unless additional requirements are met pursuant to Article 26 (1) (14) of a regulation , and
2.
meet the specific requirements for safe transport of personnel and vehicles on the relevant rail network or on the individual rail routes.
(3) By way of derogation from paragraph 2, proof of compliance with the requirements referred to in paragraph 2 (1) shall not be required for railway undertakings which:
1.
have appointed a railway operating manager whose appointment has been confirmed by the competent railway authority; and
2.
do not provide cross-border rail transport services.
(4) Insofar as a railway undertaking which intends to participate in the public railway operation already has one in another Member State of the European Union, in accordance with Article 10 of Directive 2004 /49/EC, for the same type of In the case of a safety certificate issued by rail transport services, it may only take part in the national public railway operation with an additional national certificate. This certificate shall be issued at the request of the rail networks concerned or the railway infrastructure of public railway infrastructure undertakings.
1.
presentation of a presentation of the safety management system of the railway undertaking,
2.
Presentation of the certificate issued in accordance with Article 10 (2) (a) of Directive 2004 /49/EC, and
3.
Proof that the railway undertaking satisfies the specific requirements for safe operation on the rail network or on the rail routes in question.
(5) In so far as a non-national railway undertaking having its head office is applying for a safety certificate, the decision shall be taken after hearing the competent authority of the country responsible for the authorisation in accordance with Article 6. (6) The safety authority shall: shall decide on an application for a safety certificate or a national certificate referred to in paragraph 4 without delay, but no later than four months after the submission of the documents required for the decision. If, before the expiry of the period, the competent authority finds deficiencies in the documents submitted, it shall have the opportunity of eliminating the applicant. If the authority gives the applicant the opportunity to remedy shortcomings in the documents submitted, the time limit as set out in the first sentence of the first subparagraph shall be inhibited. (7) The safety certificate referred to in paragraph 1 and the national certificate referred to in paragraph 4 shall apply for a period of five years, subject to the provisions of the third sentence. To the extent that their renewal is requested no later than six months before the expiry of the period of validity, the respective certificate shall be deemed to have been granted until the decision on the renewal request has been indisputable. The validity of a national certificate referred to in paragraph 4 shall, in all cases, end at the end of the validity of the certificate referred to in the first sentence of paragraph 4 issued by the safety authority of the other Member State. (8) The holder of the certificate shall: The safety certificate referred to in paragraph 1 or the national certificate referred to in paragraph 4 shall ensure that the conditions for issuing the certificate remain fulfilled even after that. Unofficial table of contents

Section 7b Amendments, withdrawal and revocation of the safety certificate and national certificate

(1) In the event of any substantial change in the circumstances underlying the issue of a certificate in accordance with Section 7a (1) or (4), the railway undertaking shall immediately change the safety certificate issued or the national (2) A certificate in accordance with § 7a (1) or (4) may be amended or revoked in whole or in part in the event of substantial changes to the operational safety legislation. (3) A certificate according to § 7a (1) or 4 may be revoked in whole or in part, as far as the Conditions are not fulfilled or the certificate is not used in the prescribed manner. The first sentence shall also apply if a certificate is not used before the end of a year after the date of its exhibition. (4) The administrative procedural provisions relating to the suspension of administrative acts shall also remain unaffected. Unofficial table of contents

Section 7c Security approval

(1) Without a safety authorisation, railway infrastructure undertakings shall not have a regular public railway infrastructure, with the exception of service facilities or regional transport networks, which do not have a connection to any other country, (2) The safety authorisation shall be granted on request for certain rail networks or rail routes where the applicant provides proof that he/she is
1.
set up a security management system that meets at least the requirements of Article 9 (2) and (3) of Directive 2004 /49/EC, unless additional requirements are met pursuant to Article 26 (1) (14) of a regulation , and
2.
the specific requirements for the safe design, maintenance and safe operation of the rail tracks, including the control and security systems.
(3) The holder of the safety authorisation shall ensure that the conditions which have been granted for the granting of the security clearance remain fulfilled, even after that. (4) § 7a (3) and (5) to (7) and § 7b shall apply accordingly. Unofficial table of contents

§ 7d Recognition

Who
1.
operate in which the personnel or other railway staff responsible for safety-related tasks, carry out the necessary technical knowledge of vehicles or of routes which are only available with a single safety authorisation, the necessary knowledge of the operating rules and operating procedures, including signalling, control and control of trains, as well as the applicable rules applicable to the routes concerned Emergency procedures shall be provided,
2.
carry out tests for the issuing of the driver's licence or certificate,
3.
may, as a doctor or psychologist, carry out, or under his supervision, conduct investigations into the issue, suspension or withdrawal of the driver ' s licence,
shall be recognised by the competent authority in accordance with a regulation pursuant to Article 26 (1) (1) (4), (5) and (16) of this Regulation. The first sentence shall not apply to railway undertakings which operate training facilities in accordance with the first sentence of the first sentence of the first subparagraph if they have been issued a safety certificate or a safety authorisation or if they have appointed a railway manager whose order has been placed has been confirmed by the competent railway authority. Unofficial table of contents

§ 7e Access to training opportunities

(1) Rail infrastructure undertakings shall be required to provide the necessary knowledge and knowledge of the operating rules and operating procedures to the staff of the railway undertakings, including the railway undertakings. signalling, control and control of trains, as well as the emergency procedures applicable to the routes concerned, through training, where training is not provided by third parties. (2) Any training referred to in paragraph 1 shall be obliged to:
1.
Railway undertakings wishing to apply for a safety certificate shall provide non-discriminatory access to their training facilities and shall issue certificates of training to the extent that such training is required for the the fulfilment of requirements for obtaining the safety certificate are required;
2.
railway infrastructure undertakings to provide non-discriminatory access to its training facilities;
3.
to grant non-discriminatory access to its training facilities to drivers and trainees, provided that such training is carried out in such a way as to provide the driver's licence or to issue the Certificate is required.
(3) An appropriate fee may be required for the training. (4) Rail transport undertakings are obliged to provide their current and former employees with the qualifications, experience and participation they have acquired there on request. to certify training. Unofficial table of contents

§ 7f recording of the operation

(1) A railway which does not require a safety certificate or a safety certificate is required for:
1.
the holding of the holding,
2.
the extension of the operation of a railway infrastructure to a route which is not directly adjacent to a route already operated by it;
the authorisation of the supervisory authority. Permission shall be granted if the requirements for railways are fulfilled in accordance with this Act and the legal regulations based on them. (2) The permission shall be deemed to have been granted if the railway does not arrive within six weeks after the date of receipt of the The application shall be subject to a decision of the supervisory authority which differs from the application. The applicant shall be immediately informed of the receipt of the application in writing. (3) Essential changes to the railway operation approved in accordance with paragraph 1, affecting operational safety, shall be 14 days from the competent railway authority Prior to commissioning. Unofficial table of contents

Section 7g certificates relating to maintenance

(1) If you wish to act as a body responsible for the maintenance of freight wagons, you need a maintenance certificate. The provisions of the first sentence shall not apply to the maintenance of freight wagons, which shall be
1.
on non-public or non-standard railway infrastructure, or
2.
for historical or tourist purposes
(2) The safety authority shall issue the maintenance services certificate upon request if the applicant proves that he has set up a maintenance system which shall at least meet the requirements laid down in Article 4 of the Regulation (EU) No 445/2011, unless additional requirements arise from a legal regulation pursuant to Article 26 (1), first sentence, point 19. (2a) The safety authority shall, on request, exempt the maintenance of freight wagons, which shall: are used exclusively as military equipment, competent authorities for up to Five years from the requirement of a maintenance station certificate as referred to in the first sentence of paragraph 1. The exemption shall be subject to exceptions to the registration of these vehicles, in so far as it concerns the identification and certification of the bodies responsible for the maintenance of freight wagons. § 4a shall remain unaffected with the exception of paragraph 3. (3) A certificate of maintenance functions may request who, in accordance with Article 4 (1) (b) to (d) of Regulation (EU) No 445/2011, intends to carry out the following functions or parts thereof:
1.
the maintenance development function,
2.
the fleet maintenance management function, or
3.
the maintenance-providing function.
The safety authority shall, on request, issue the certificate as provided for in the first sentence if the applicant proves that he meets the conditions laid down in Annex I to Regulation (EU) No 445/2011. (4) Who shall be certified by a competent certification body in a A Member State of the European Union has received a certificate corresponding to paragraph 1 or 3, and no other certificate is required in the Federal Republic of Germany. The same applies to certificates issued pursuant to Article 15 ATMF-Annex G to the Convention of 9 May 1980 on International Carriage by Rail-COTIF-(BGBl. 130), as amended by the Protocol of 3 June 1999 amending the Convention of 9 May 1980 on International Carriage by Rail-COTIF-(BGBl I). 2002 II p. 2140). Unofficial table of contents

§ 7h Fees and charges

(1) For individually attributable public services of the Federal Railway Authority, the notified bodies, the persons and bodies recognised in accordance with § 7d and the regulatory authority under this law, the Federal Railway Traffic Management Act, the The German Rail Transport Network Promotion Act or the legal regulations issued pursuant to these laws are charged with fees and levies. The rates shall be calculated in such a way as to cover the personnel and material costs associated with the public services which are individually attributable to the public. In the case of eligible individual public services, it is also possible to take appropriate account of the importance, economic value or other benefits for the fee debtor. (2) In the case of the use of Administrative helpers in accordance with Article 5a (8a) shall be notified in advance of the estimated amount of the fees and the costs of the charges. He or she shall be given the opportunity to withdraw or restrict his application. Unofficial table of contents

§ 8 Management of the Railways

(1) Public railways must be managed, managed and managed, as well as administrative and economic control, as well as the internal accounting of public and local authorities be independent. Their economic plan and accounting are to be separated from the budgets of national or local authorities. (2) Paragraph 1 shall not apply to:
1.
railway undertakings which do not belong to the Confederation and whose activities are confined exclusively to local rail passenger transport;
2.
Railway infrastructure undertakings which do not belong to the Confederation.
(3) Rail operators, which are not federal railways, must have their own management, management, administration and accounting, in so far as the allocation of train paths and infrastructure charges are concerned. Unofficial table of contents

§ 9 Separation of accounts, organizational separation, independent decisions

(1) Public railways,
1.
which are both rail transport and rail infrastructure companies,
2.
a)
which are only railway undertakings and which are a parent undertaking with a railway infrastructure undertaking, which is a public railway undertaking, or
b)
which are only railway infrastructure undertakings and which are connected via a parent undertaking to a railway undertaking which is a public railway undertaking; or
3.
the parent or subsidiary undertakings, as railway or railway infrastructure undertakings, are the public railway undertakings in relation to a railway infrastructure or railway undertaking,
, even if they are not operated in the legal form of a capital company, have an annual financial statements and a management report in accordance with the provisions of the second section of the third book of the third party, which are applicable to large corporations A commercial code to be drawn up, examined and open. § 264 (3) and (4) and section 264b of the Commercial Code shall not apply. (1a) Public railways shall not apply to the railway undertakings referred to in sentence 1 of a parent undertaking required to establish a consolidated financial statements. in accordance with the first sentence of the first paragraph of paragraph 1, they shall separate both areas in their accounts, which shall include separate accounts for the provision of transport services and the operation of the railway infrastructure. For each area referred to in the first sentence and for an area outside those areas, they shall have an additional balance sheet and profit and loss account, to be set up in accordance with the principles of trade law, in the notes to their annual accounts. , Insofar as a direct allocation to the individual areas is not possible or would be associated with an unjustifiable effort, the allocation must be made by key account of the accounts, which must be comprehensible and comprehensible to third parties. The Annex to the annual accounts shall specify the rules by which the assets and liabilities, as well as the expenses and income shown, shall be assigned to the accounts in accordance with the first sentence. Amendments to these rules in exceptional cases shall be explained and justified. (1b) Public funds in favour of one of the two areas of activity referred to in the first sentence of paragraph 1a may not be transferred to the other. This ban must also be reflected in the accounting of the two areas of activity. This shall also apply to undertakings referred to in the first sentence of paragraph 1 (1) (2) and (3). (1c) Both areas of activity referred to in the first sentence of paragraph 1a shall be exercised in undertakings under the first sentence of paragraph 1 (1), in separate organisational units. Decisions on access to the railway infrastructure and the remuneration to be paid are to be taken from the business unit operating the railway infrastructure. (1d) In the case of public railway undertakings which provide both passenger and freight transport services, paragraph 1a shall apply mutaly with the proviso that separate accounts and one in the Annex to the annual accounts, the separate balance sheet and the profit and loss account must be drawn up only for the rail freight sector and an balance sheet can also be drawn up to the point of this balance sheet. Public funds for public transport services are to be dismissed separately in the corresponding accounts and may not be transferred to areas of activity other than transport services or other transactions (1e) The competent licensing authority may authorise exemptions from paragraphs 1, 1a, 1c and 1d if the rail routes operated by the railway infrastructure company are of such low importance, according to the length of the track and the operational performance are not to be expected to affect competition. The first sentence shall apply to other railway infrastructure facilities. (2) (omitted) (3) Where and as long as a public railway undertaking shall provide rail transport services both in areas in which the public service is The requirements of Article 1 (5) (a) and (b) of Regulation (EEC) No 1191/69 of the Council referred to in Article 1 (2) (2) (a) and (b) of Council Regulation (EEC) No 1191/69 are to be imposed or agreed upon in other areas. be aware. A separate bill is also required in the areas where public service obligations may be imposed or agreed. At least this invoice must comply with the requirements for a cost-revenue invoice and an inventory in accordance with Section 240 of the Commercial Code. The accounts must cover the same period as the annual accounts. In addition, paragraph 1b shall apply accordingly. Unofficial table of contents

§ 9a Independence of the public operator of the rail routes

(1) Public operators of the railway infrastructure must be legally, organisationally and in their decisions independently of railway undertakings, in so far as it concerns decisions on the allocation of train paths and on the charging of infrastructure. In order to achieve the objectives set out in the first sentence,
1.
out of railway undertakings, which are both railway undertakings and railway operators, both of which are to be divided into one or more separate companies;
2.
to organise contracts for railway operators with third parties in such a way as to ensure that they are self-employed;
3.
decisions relating to the network timetable, the other allocation of train paths and the decisions on the charging of infrastructure only by the staff of the railway operator, which does not have any functions in railway undertakings or with the railway undertakings affiliated undertakings;
4.
statements by third parties to the operator of the railway infrastructure or its staff in respect of decisions on the network timetable, the other allocation of train paths and the decisions on the infrastructure charges;
5.
to establish, maintain and publish in companies, in accordance with Article 9 (1), first sentence, No. 2 and 3, internal company rules, which influence the influence of third parties outside the railway operator on the decisions relating to the the network timetable, the other allocation of train paths and decisions on infrastructure charges, in particular the specific obligations of staff to prevent such interference; operators of the Rail routes shall also be required, at the request of the competent supervisory authority, to: to appoint a representative to monitor compliance with the rules; the Commissioner shall submit an annual report on the problems encountered and the measures taken by the competent supervisory authority;
6.
in accordance with section 9 (1), first sentence, no. 2 and 3, to occupy the supervisory boards separately; for this purpose, no members of the supervisory boards of companies may be members of the supervisory board of the companies pursuant to section 9 (1), first sentence, no. 2 and 3, as well as the members of the supervisory boards of the railway operator. members; this also applies to other holdings of the parent undertaking.
(2) In the event of a contract by a public operator of the railway infrastructure to meet the obligations laid down in paragraph 1, these obligations shall be adapted or terminated by 1 November 2005. If provisions in contracts of a public operator of the railway infrastructure do not comply with the obligations laid down in paragraph 1 by 1 November 2005, the competent supervisory authority shall prohibit it with immediate effect. (3) The paragraphs 1 and 2 shall not apply to public operators of the railway lines, to the extent that they are exclusively
1.
operate local and regional rail networks for rail transport services in the passenger transport sector, which are not linked to other rail routes,
2.
operate certain networks for the operation of passenger transport services in urban or suburban transport; or
3.
-operate regional rail networks, which are used exclusively for regional freight services by a railway undertaking whose activity is restricted to urban, suburban or regional transport.
(4) Where a request is made for the allocation of train paths on a network referred to in paragraph 3 (3), paragraphs 1 and 2 shall apply in so far as contracts within the meaning of paragraph 2 are to be adjusted not later than six months after the date of application. (5) the competent licensing authority may authorise exemptions from paragraphs 1, 2 and 4 if a public operator of the rail routes operates railway lines which are of such minor importance as to the length of the track and the operating performance that a No impairment of competition is to be expected. (6) The members ' liability of the members shall be excluded from the institution of the parent undertaking in respect of operations in areas to which those members are not allowed to exercise any influence under this Act and have in fact not exercised any influence. Unofficial table of contents

Section 9b Tax provisions

Legal transactions within the meaning of the Basic Advertising Tax Act, which result from the implementation of § § 8 to 9a of this Act, are exempt from the basic value tax. Unofficial table of contents

§ 10 Transport duty

Public rail transport undertakings serving the carriage of passengers shall be obliged to carry passengers and luggage if:
1.
the conditions of carriage are complied with,
2.
the transport is possible with the regularly used means of transport, and
3.
the transport is not prevented by circumstances which the rail transport undertaking has not been able to prevent and which it has not been able to remedy either.
Unofficial table of contents

Section 11 levy and decommissioning of railway infrastructure facilities

(1) A public railway infrastructure undertaking shall have the permanent cessation of the operation of a line, a railway station which is important for the processing of operations, or the more than a slight reduction in the capacity of a line, to apply for this to the competent supervisory authority. In doing so, it must be stated that the operation of the infrastructure facility can no longer be attributed to it and that negotiations with third parties, which offer an offer for the acquisition of the infrastructure facility by selling or leasing the infrastructure in this area, are not to be expected. normal conditions have been made, have not been successful. In the case of takeover bids to third parties, advance payments shall be considered appropriately. (1a) Public railway infrastructure undertakings shall have their intention in accordance with the first sentence of paragraph 1, either:
1.
in the Federal Gazette, or
2.
to publish on the Internet and to make the address in the Federal Gazette known.
The notice shall include information for the economic assessment of this infrastructure. After publication, third parties may request the public railway infrastructure company to submit an offer within a period of three months. The offer shall take due account of the determination of the land and infrastructure to be delivered for railway purposes and their yield value in the price formation process. In the calculation of the lease interest, the yield value must be taken into account. The offer must include the connection to the adjacent rail infrastructure. (2) The competent supervisory authority shall decide on the application in the light of traffic and economic criteria within three months. In the area of federal railways, the Federal Railway Authority decides in consultation with the competent State authority. Until the decision has been taken, the company shall maintain the operation of the rail infrastructure. (3) The authorisation shall be deemed to have been granted if the competent supervisory authority has not decided within the time limit specified in paragraph 2. If it does not approve the authorization in accordance with paragraph 2, it shall reimburse to the railway infrastructure company the costs arising from the failure, including the cost of the calculation; the obligation to pay shall be taken by the country where: (4) The conditions set out in the second sentence of paragraph 1 shall not apply, the authorisation shall be refused. (5) A refusal in accordance with the provisions of paragraph 2 shall be limited only to: for a period of one year, after which the authorisation shall be deemed to have been granted. Unofficial table of contents

§ 12 Rates

(1) tariffs are transport rates and conditions of carriage of railway undertakings. The conditions of carriage shall also cover the conditions of pay. Railway undertakings shall be obliged to take part in order to ensure that:
1.
for the carriage of persons and goods which extend to several adjoining public transport railways, a direct handling shall be established,
2.
through the provision of continuous tariffs for passenger transport.
(2) Public railway undertakings shall be required to draw up tariffs for the carriage of passengers by rail, which shall require all information necessary for the calculation of the remuneration for the carriage of persons and for ancemials in the passenger transport sector. , and all other provisions governing the carriage of goods. Tariffs according to the first sentence must be applied to everyone in the same way. (3) Without prior authorisation of the conditions of carriage in the rail passenger transport, rail transport services within the meaning of section 3 (1) (1) must not be provided. . To the extent that, in the proposed change to the conditions of carriage for the benefit of the passenger, the provisions of the railway traffic regulations or of agreements and conditions laid down in Council Regulation (EEC) No 1191/69 are to be dismissed, the the request should be made special. The authorisation of the conditions of carriage shall not affect the rights and obligations of a railway undertaking pursuant to an agreement or imposition in accordance with Council Regulation (EEC) No 1191/69 as compared with the provisions of this Regulation competent authority. The collective wage agreement lies with the Federal Government, in so far as it concerns the conditions of carriage of a railway by the Federal Government for its long-distance rail passenger transport. (4) A necessary authorisation shall be deemed to have been granted,
1.
if the railway undertaking does not submit an opinion to the approval authority within two weeks of receipt of its application, which shall indicate a test period as referred to in paragraph 2,
2.
if the railway undertaking fails to take a decision of the approval authority which deviates from the application within six weeks of receipt of the application.
(5) In the cases referred to in Article 1 (5) and (6) of Council Regulation (EEC) No 1191/69, the approval authority may refuse authorisation or require the modification of tariffs subject to the conditions laid down in that Regulation. The approval of conditions of carriage may also be denied if it is subject to the applicable law, in particular with the principles of commercial law and the rules on the design of legal business obligations by General terms and conditions. (6) Tariffs as referred to in paragraph 2 and conditions of carriage within the meaning of paragraph 3, first sentence, must be in the tariff and traffic indicator or in another, the approval authority are known to be published by the publication organ. Increases in transport charges or other changes to the conditions of carriage which are detrimental to the customer shall take effect at the earliest one month after the contract notice, unless the approval authority has an abbreviation of the notice period. has been approved. The approval of the conditions of carriage must be clear from the notice. (7) For agreements concluded by railway undertakings and for agreements concluded by railway undertakings with other undertakings which are travelling with the transport of , as well as for decisions and recommendations of associations of such undertakings, § 1 of the Law on Competition Restrictions does not apply, in so far as it is in the interests of sufficient service of the population with transport services in the local public transport and an economic Transport design and integration of local transport services, in particular by means of transport cooperation, by means of coordination and the interconnection of transport charges and by the coordination of timetables. They shall have to be notified to the approval authority for their effectiveness. In the case of associations of undertakings which conclude agreements, decisions and recommendations within the meaning of the first sentence, Section 19 (1) shall apply in accordance with the provisions of paragraph 2 (1) of the Act against restrictions on competition. The cartel authority's orders, which concern such agreements, decisions or recommendations, shall be carried out in consultation with the competent licensing authority. (8) Rail transport undertakings shall have access to the information media in their travel information media To inform connections of all providers without discrimination. Unofficial table of contents

§ 13 Connection to other railways

(1) Each railway has adjacent railroads having its registered office in the Federal Republic of Germany to permit access to its railway infrastructure at a low cost, subject to the conditions and costs. In addition, § 14. (2) In the event of non-agreement on the conditions of the connection and on the appropriateness of the costs, if a railway of the Federation is involved, the Federal Railway Authority, in the other cases the competent authority, decides the State authority. Unofficial table of contents

Section 14 Access to railway infrastructure

(1) Railway infrastructure undertakings shall be obliged to use the railway infrastructure they operate in non-discriminatory terms and to provide non-discriminatory provision of the services they offer in the rail infrastructure sector by means of a railway infrastructure undertaking in accordance with the provisions of Article 26 (1) (6), (7) and (4) (1) shall be granted to a certain extent. It shall take appropriate account of the traffic that is clocked or bound into the network. In addition, rail operators shall be required, in accordance with this Regulation, to provide a minimum level of service and to provide the rail routes operated by them, as well as the control and security systems for use. The provisions of sentences 1 to 3 shall not apply to railway infrastructures which are operated solely for the purpose of their own carriage of goods, unless they are provided for rail access to railway services in terminals and ports, which are not can serve more than one end user. In the case of local and regional rail networks which are not linked to other rail routes and which are operated for rail transport services in passenger transport, the competent licensing authority may, at the request of the competent licensing authority, exempt from all the provisions of the Pursuant to Article 26 (1) (6), (7) and (7) (4) (1) of the Law on Legal Affairs, the reason for the restriction of competition is not to be expected. The authorisation shall be issued if access is requested. The request for access shall be notified to the competent approval authority by the operator of the rail routes. (2) Access rights shall be
1.
Domestic rail transport undertakings,
2.
Domestic companies wishing to have goods transported by a railway undertaking,
3.
the bodies referred to in Article 1 (2) of the regionalisation act,
4.
the authorities referred to in Article 15 (1).
(3) Paragraph 2 shall apply mutatily to
1.
Railway undertakings which are covered by Article 2 of Council Directive 91 /440/EEC of 29 July 1991 on the development of the Community's railways (OJ L 327, 31.12.1991, p. EC No 25), as last amended by Directive 2007 /58/EC of the European Parliament and of the Council of 23 June 2007 on the European Parliament and of the Council of the European Parliament 1 October 2007 (OJ C 28, EU No 44), for the provision of transport services in the case of international passenger transport;
2.
railway undertakings falling within the scope of Article 2 of Directive 91 /440/EEC in respect of the provision of transport services in the carriage of goods;
3.
Railway undertakings on the basis of intergovernmental agreements.
(3a) In the case of international passenger transport, the railway undertakings shall have the rights referred to in paragraph 1, in particular the right to take up or discontinue passengers at any stations in the territory of the Federal Republic of Germany. (4) Operators In accordance with a regulation adopted on the basis of Article 26 (1) (6) and (7), the charges shall be such that the total costs incurred by them for the provision of the compulsory benefits within the meaning of the first sentence of paragraph 1 shall be plus a return that can be achieved on the market. In doing so, they may levy surcharges on the costs directly incurred as a result of the operation of the train, with both, depending on the transport services, long-distance rail passenger transport, rail passenger transport or rail freight transport as well as Market segments within these transport services can be differentiated and competitiveness, in particular the cross-border rail freight transport, can be guaranteed. However, in the case of the second sentence, the level of the charges may not exceed the costs directly incurred as a result of the operation of the train in relation to a market segment, plus a return on the market. In the legal regulation pursuant to Article 26 (1) (6) and (7)
1.
derogations from the charge measurement as set out in the first sentence may be allowed if the costs are otherwise covered, or
2.
the competent supervisory authority may be empowered, in consultation with the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway (regulatory authority), to be authorised by the competent supervisory authority in general to all the operators of the railway lines, To ensure compliance with the requirements set out in the first sentence.
(5) Railway infrastructure undertakings shall have to pay their charges for access to service facilities, including the services connected with them, in such a way as to ensure that the competitive opportunities of the access authorities are not abusive. . In particular, an abusive impairment shall be provided where:
1.
charges which unduly exceed the costs incurred for the achievement of the benefits referred to in the first sentence; or
2.
individual access rights are granted to other persons entitled to access, provided that there is no objectively justified reason for this.
(6) Details of access, in particular as regards the timing and duration of use, and the remuneration to be paid and the other conditions of use, including provisions on operational safety, shall be between the (7) The rules laid down in paragraph 5 shall not apply to the maintenance equipment referred to in Article 2 (3c) (7). Application. (8) The regulatory authority shall, taking into account the principles of the Competition law shall determine the relevant and relevant geographic markets for maintenance facilities and shall examine whether conditions have developed in the established markets which are in accordance with effective and undistorted competition. Effective competition shall not be deemed to be effective if, on the established market, a company has a dominant position within the meaning of Section 18 of the Act against restrictions on competition. The regulatory authority shall take the decisions pursuant to sentences 1 and 2 in agreement with the Bundeskartellamt. Section 14b (2) shall remain unaffected. The provisions of sentences 1 and 2 shall be published in the Federal Gazette. (9) In order to prepare the provisions of paragraph 8, the regulatory authority shall publish a draft with preliminary results in the Federal Gazette. A message can be published on the Internet site of the regulatory authority. Any person who has an economic interest in market access shall be given the opportunity to comment on the provisional results within a reasonable period of time to be set by the regulatory authority. The opinions shall be published on the Internet site of the regulatory authority, indicating the name and address of the person in question. On the basis of the draft and the opinions referred to in the fourth sentence, the regulatory authority shall adopt the provisions referred to in paragraph 8. (10) The regulatory authority shall draw up, by 30 June of each year, a report for the Federal Government on whether or not to: the market for maintenance facilities shall be in accordance with an effective and undistorted competition. The Federal Government shall immediately forward the report of the regulatory authority to the German Bundestag; the Federal Government may attach an opinion to the report. The first report shall be drawn up as of 30 June 2017. (11) Paragraphs 7 to 10 shall no longer apply from 1 January 2019. Unofficial table of contents

Section 14a Framework contracts

(1) Agreements on the use of train paths for a longer period of time than a network timetable period shall be concluded in accordance with the provisions of Article 14 (1) (1) of the Regulation. (2) Any framework contract with a duration of more than five years shall be concluded. Years shall be subject to approval by the regulatory authority as regards the duration of the authorisation. The approval is to be granted at a runtime
1.
for up to ten years in the case of evidence of contractual ties, special investments or other comparable risks,
2.
Up to 15 years, provided that the framework contract for transport services is to be concluded on specific routes within the meaning of Article 24 of Directive 2001 /14/EC, in the case of proof of significant and long-term investments to be made under the framework contract The reason is,
3.
of more than 15 years, provided that the framework contract for transport services is to be concluded on specific routes within the meaning of Article 24 of Directive 2001 /14/EC, in the case of proof of extensive and long-term investment, provided that: Investment in contractual obligations, including a depreciation plan covering at least the period of the framework contract.
Sentences 1 and 2 shall not apply to framework contracts with persons entitled to access pursuant to Section 14 (2) (3) and (4). Unofficial table of contents

Section 14b Tasks of the regulatory authority

(1) The regulatory authority shall be responsible for monitoring compliance with the rules of railway law relating to access to railway infrastructure, in particular as regards:
1.
the drawing up of the network timetable, in particular for decisions on the allocation of train paths for the network timetable, including compulsory services;
2.
the other decisions on the allocation of train paths, including compulsory benefits,
3.
access to service facilities, including the services connected with them;
4.
the conditions of use, the principles of pay and the deprivation of charges,
5.
the right of access in international passenger transport.
(2) The tasks and responsibilities of the antitrust authorities in accordance with the law against restrictions on competition shall remain unaffected. The regulatory authority and the railway supervisory authorities, as well as the antitrust authorities and the regulatory authorities in accordance with the Telecommunications Act and the Energy Management Act, shall communicate to each other information relating to the performance of the respective tasks may be of importance. In particular, they shall inform each other of any intended decisions to prohibit the abusive or discriminatory behaviour of railway infrastructure undertakings. They are to give each other an opportunity to comment before the procedure is concluded by the competent authority. (3) The regulatory authority and the Federal Railway Authority shall be obliged to provide other regulatory bodies in the Member States of the The European Union shall provide information on its work, its decision-making principles and its decision-making practice, with the aim of contributing to the coordination of the principles of decision-making throughout the Union. (4) The regulatory authority shall draw up a report on its activity and on its activities for each calendar period; the situation and development on their field of responsibility for the federal government. The Federal Government shall immediately forward the report of the regulatory authority to the German Bundestag; it may attach an opinion to the report. Unofficial table of contents

Section 14c General powers of the regulatory authority

The regulatory authority may, in the performance of its tasks in relation to public railway infrastructure undertakings, take the measures necessary to ensure the elimination of established infringements and to prevent future infringements of the rules of the (2) The right of access, the public railway infrastructure undertakings and the persons working for them must be the subject of the regulatory authority and its authorised representative. to carry out their tasks,
1.
to enter business premises and operating facilities within the usual business and working hours; and
2.
To view books, business documents, files and other documents and to make them available on suitable media.
(3) The right of access, the public railway infrastructure undertakings and the persons working for them shall all require the regulatory authority and its authorised representative to carry out its tasks
1.
to provide information,
2.
to provide evidence,
3.
to provide tools and provide assistance services.
This shall also apply in relation to ongoing or completed negotiations on the amount of routes and other charges. The information shall be given truthfully and to the best of its knowledge. The person responsible for providing information may refuse to answer such questions, the answer to which he or she himself or one of the members of the civil procedure referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure of the criminal prosecution or of a person liable to prosecution. (4) The regulatory authority may enforce its orders in accordance with this law in accordance with the rules applicable to the enforcement of administrative measures. The amount of the coercive money is up to 500,000 euros. Unofficial table of contents

Section 14d Special obligations for the participation of the public railway infrastructure companies

The public railway infrastructure undertakings shall inform the regulatory authority of:
1.
the intended decision on the allocation of train paths for the network timetable, including compulsory benefits, if applications are to be rejected,
2.
the intended decision on the allocation of train paths, including compulsory services, outside the drawing up of the network timetable, if applications are to be rejected,
3.
the intended decision on access to service facilities, including the related services, if applications are to be rejected,
4.
the intended decision on the conclusion of a framework contract,
5.
the intended decision to ask the right of access to offer a fee which is higher than the pay which would be payable on the basis of the conditions of use of the rail network;
6.
the intended recasting or modification of the conditions of use of the rail network and the conditions of use of service facilities, including the principles of pay and the charges for pay.
Reasons shall be given for the decisions to be taken pursuant to the first sentence of the first sentence of 1 to 5 In this connection, operators of the railway infrastructure also have to set out the conformity of their remuneration determination with § 14 (4). Unofficial table of contents

Section 14e Preliminary examination by the regulatory authority

(1) The regulatory authority may, after receipt of a notification in accordance with § 14d, within:
1.
ten working days of the intended decision in accordance with § 14d, first sentence, no. 1, 3 and 5,
2.
a working day of the intended decision in accordance with section 14d, sentence 1, no. 2,
3.
four weeks of the intended decision in accordance with Section 14d, sentence 1, point 4,
4.
four weeks of the intended recast or amendment according to § 14d sentence 1 no. 6
, in so far as the proposed decisions do not comply with the rules of railway law on access to railway infrastructure. (2) Before the expiry of the
1.
the time limits referred to in paragraph 1 (1) to (3) may not be communicated effectively to the person entitled to access,
2.
in accordance with paragraph 1 (4), the rail network conditions of use or the conditions of use of service facilities, as well as the principles of remuneration and the determination of charges, shall not enter into force.
(3) The regulatory authority shall apply its right of objection,
1.
in the case of paragraph 1 (1) to (3), it shall be decided in accordance with the requirements of the regulatory authority,
2.
in the case referred to in paragraph 1 (4), the rail network conditions of use or the conditions of use of service facilities, including the principles of remuneration and charges, shall not enter into force in so far as they are concerned.
(4) The regulatory authority may waive a communication in full or in part in advance of a notice pursuant to Section 14d. It may limit its renunciation of individual public railway infrastructure companies. This shall apply in particular where an impairment of competition is not to be expected. Unofficial table of contents

Section 14f Night-reputable examination by the regulatory authority

(1) The regulatory authority may, ex office,
1.
Network Terms and Conditions of Use and Terms of Use for Service Facilities,
2.
Rules on the level or structure of infrastructure charges and other charges
of a railway infrastructure company. The regulatory authority may, with effect for the future,
1.
the railway infrastructure undertaking, in order to modify the conditions set out in the first sentence of the first sentence or the rules on the payment of the charges referred to in the first sentence of paragraph 2, oblige, or
2.
The conditions laid down in the first sentence of the first sentence or of the rules on the payment of charges as set out in the first sentence of 1
in so far as they do not comply with the provisions of the railway law on access to the railway infrastructure. (2) If an agreement on the access pursuant to § 14 (6) or a framework contract pursuant to § 14a does not materiarise, the decisions may be taken of the railway infrastructure undertaking by the regulatory authority on request or on its own account. The right of access, the right of access to the railway infrastructure, may be affected. The request shall be submitted within the time limit within which the offer to conclude agreements pursuant to sentence 1 may be adopted. In particular:
1.
the network terms and conditions of use and the terms of use for service facilities,
2.
the allocation procedure and its outcome,
3.
the level or structure of the routes and other charges.
The regulatory authority shall require the parties concerned to provide all the necessary information within a reasonable period of time which may not exceed two weeks. After the expiry of that period, the regulatory authority shall decide on the application within two months. (3) In the case referred to in paragraph 2, the decision of a railway infrastructure company shall be affected by the right of the applicant to have access to the railway infrastructure,
1.
the regulatory authority shall require the railway infrastructure company to amend its decision or
2.
the regulatory authority shall determine the terms and conditions of the contract, decide on the validity of the contract and declare outstanding contracts ineffective.
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§ 14g Access law in international passenger transport

(1) Anyone who intends to apply for access to the railway infrastructure for international passenger transport to a railway infrastructure company shall have a written record of at least two months before the date of application to the regulatory authority. (2) The right of access is granted if the main purpose of rail transport services is to transport passengers between railway stations in different Member States. The main purpose is to be found when the majority of passengers are provided between railway stations in different Member States. (3) The regulatory authority shall decide on the application within two months of receipt. The regulatory authority may require the submission of further documents to the extent necessary for the examination of the conditions laid down in paragraph 2. The first sentence shall not apply if the regulatory authority is unable to decide on the application on the grounds of incorrect information or of information which has not been given in due time and it shall do so before the expiry of the period, indicating the request for the determination of the request. Reasons communicated. Unofficial table of contents

Section 15 Public services

(1) Regulation (EEC) No 1191/69 of the Council shall apply to the imposition or agreement of public service activities. For the purposes of this Regulation, the Federal Railways shall be responsible for railways, other than their local rail passenger transport, by the Federal Government, by the authorities of the Länder or by the counties, municipalities or municipalities in accordance with the national law of the Federal Republic of Germany. (2) The competent authorities which intend to perform public service activities by railway undertakings on the basis of Article 1 (4) and Article 14 of the Regulation referred to in paragraph 1 , these services may be agreed upon. Unofficial table of contents

Section 16 Compensation of non-operating expenses

(1) Without prejudice to § 15, the non-federal public railways shall be compensated for by the burdens and disadvantages resulting from the following facts:
1.
expenditure on child allowance allowances for workers not to be borne by other transport undertakings,
2.
Expenses for pensions and pensions imposed by the railways other than those applicable to other transport undertakings,
3.
Expenses for the maintenance and operation of cave intersections, if the railroad comes up for more than half of the expenses.
The obligations of 16 November 2007 for the payment of additional services within the meaning of the first and second sentences of sentence 1 and 2 shall be repealed with effect from 1 January 2008. If, on the basis of such an obligation, performance obligations have been established by 31 December 2007, the compensation provided for in the first sentence of 1 and 2 shall remain the same as the compensation provided for in paragraph 1 of this Article, which shall be granted to the country in whose territory the traffic are operated. Where the traffic also extends to the territory of another country, the compensation shall be based on the part of the benefits provided in the country concerned. The Federal Government shall compensate for the compensation provided for in paragraph 1 (3), in so far as it is concerned with higher-level intersections with federal roads. Unofficial table of contents

§ 17 preparatory work

(1) Owners and other users of the rights of use shall have the necessary measurements, soil and groundwater tests, including the temporary nature of the project, in preparation for the planning and the execution of a project or of maintenance activities. The affixing of marks and other preparatory work by the institution of the project or by the person responsible for the project. For this purpose, work, operating or business premises may only be permitted for this purpose during the respective working hours, business or residence times in the presence of the owner or other authorized person, or a representative, apartments only with the consent of the (2) The intention to carry out such works shall be the owner or other person entitled to use at least two weeks in advance, either directly or through a local notice in the municipalities in which the Preliminary work must be carried out. (3) Emergence by means of a If the measure referred to in paragraph 1 is a direct asset to an owner or other person entitled to use, the institution of the project shall have the appropriate compensation in respect of money. In the event of an agreement not being reached on the compensation for money, the competent authority in accordance with the law of the country shall, at the request of the institution of the project or of the person concerned, determine the compensation. Before the decision, the participants must be heard. Unofficial table of contents

Section 18 Requirement of plan determination

Railway operations, including railway lines, may be constructed or modified only if the plan has been previously identified. When determining the plan, the public and private concerns, including environmental compatibility, which are in contact with the project, must be taken into account in the context of the assessment. § § 72 to 78 of the Administrative Procedure Act shall apply in accordance with the provisions of this Act. Unofficial table of contents

Section 18a Hearing procedure

§ 73 of the Administrative Procedure Act shall apply to the hearing procedure with the following measures:
1.
The Hearing Authority may dispense with a discussion. In the absence of any discussion, the Hearing Authority shall deliver its opinion within six weeks of the end of the application period and together with the other documents referred to in Article 73 (9) of the Administrative Procedure Law to the planning authority.
2.
If a plan is to be changed, the discussion within the meaning of Section 73 (6) of the Administrative Procedure Act and the third sentence of Section 9 (1) of the Law on Environmental Impact Assessment (EIA) may normally be discussed.
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§ 18b (omitted)

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§ 18c Legal effects of plan determination and planning approval

§ 75 of the Administrative Procedure Act shall apply to the legal effects of the planning and planning approval with the following measures:
1.
If the implementation of the plan does not commenced within ten years from the date of entry into force, it shall not enter into force unless, at the request of the institution of the project, it shall be no longer than five years before the plan-setting authority has submitted a request. Years extended.
2.
Prior to the decision referred to in paragraph 1, a hearing limited to the application shall be carried out in accordance with the procedure laid down for the determination of the plan or for the planning authorisation.
3.
For the delivery and interpretation of the decision and the dispute over the extension, the provisions relating to the decision on the planning of the decision shall be applied accordingly.
4.
(dropped)
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§ 18d Plan change before completion of the project

Section 76 of the Administrative Procedure Act shall apply to the planning supplement and the supplementary procedure within the meaning of section 75 (1a) sentence 2 of the Administrative Procedure Act and to the plan change before the completion of the project, with the proviso that in the case of the Article 76 (1) of the Administrative Procedure Act may be dissected from a discussion within the meaning of Section 73 (6) of the Administrative Procedure Act and Section 9 (1) sentence 3 of the Act on Environmental Impact Assessment. Moreover, the provisions of this law shall apply to the new procedure. Unofficial table of contents

§ 18e Legal remedies

(1) Paragraph 50 (1) No. 6 of the Administrative Court of Justice applies to projects within the meaning of section 18, first sentence, insofar as the projects concern rail routes which are due to
1.
the production of German unity,
2.
the integration of the new Member States into the European Union,
3.
the improvement of the hinterland connection of German seaports,
4.
of its other international reference, or
5.
the special function for the removal of serious traffic bottlenecks
listed in the Annex. (2) The action against a plan determination decision or a planning permit for the construction or modification of operating facilities of the Federal Railways, for which the Federal Railways Construction Act (Bundesrailwegeausbaugesetz) The need for urgent action has no suspensive effect. The request for an order for the postponement action to be taken against a decision to arrest a plan or a planning permission in accordance with § 80 (5) sentence 1 of the Administrative Court order may only be submitted within one month after the date of notification of the Planning approval decision or planning permission shall be provided and justified. This is to be pointed out in the right of appeal. § 58 of the Administrative Court Rules apply accordingly. (3) The application in accordance with § 80 (5) sentence 1 in conjunction with paragraph 2 (4) of the Administrative Court order for the restoration of the suspenseable effect of a challenge against a Planning approval decision or a planning permission for the construction or modification of operating systems of the federal railways, for which there is an unforeseen traffic requirement within the meaning of § 6 of the German Federal Railways Construction Act or which the Do not require inclusion in the demand plan, can only be received within one month after the delivery of the Decision on the order of immediate enforcement shall be made and justified. This should be pointed out in the order of immediate enforcement. (4) In the cases referred to in paragraph 2 or 3, any facts justifying the order or the restoration of the suspenseful effect shall be deemed to have been later than the case in paragraph 58 of the Administrative Court of Justice. Decision of the planning permission or the planning permission for a request based on § 80 (5) sentence 1 of the Administrative Court order within a period of one month and establish the reasons for the decision. The time limit shall begin at the time when the complain becomes aware of the facts. (5) The plaintiff shall, within a period of six weeks, indicate the facts and evidence serving the reasons for his action. Section 87b (3) of the Administrative Court of Justice applies accordingly. (6) (omitted) Unofficial table of contents

§ 19 Change lock, pre-emption law

(1) From the beginning of the interpretation of the plans in the planning procedure or from the date on which the person concerned is given the opportunity to see the plan (Section 73 (3) of the Administrative Procedure Act), the plan may be affected by the plan. Areas up to their use will not be subject to significant changes in value, or the planned construction measures will not be significantly aggravated (change barrier). Changes which have been initiated in a legally permissible manner beforehand, maintenance work and the continuation of a previously exercised use will not be affected by this. Inadmissible changes are not taken into account in the arrangement of provisions and annexes (Section 74 (2) of the Administrative Procedure Act) and in the compensation procedure. (2) Dauert the change lock over four years, the owners can for (3) In the cases referred to in the first sentence of paragraph 1, the institution of the project shall be entitled to a right of pre-emption on the areas concerned. Unofficial table of contents

§ 20 (omitted)

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Section 21 Pre-tenure of possession

(1) If the immediate start of construction work is necessary and the owner or owner refuses to possess a land required for the construction or modification of railway operating facilities by agreement, subject to all In the case of compensation claims, the expropriation authority shall have the institution of the project in possession of the project at the request of the plan or the granting of the planning permission. The plan-setting decision or the planning permission must be fully enforceable. Further conditions are not required. (2) The expropriation authority has to negotiate orally with the parties at the latest six weeks after the receipt of the application for possession of the property. For this purpose, the applicant and the persons concerned shall be invited. In so doing, the person concerned must be informed of the request for possession. The charge period shall be three weeks. With the summons, the persons concerned shall be asked to submit any objections to the application before the oral proceedings with the expropriation authority. They must also be pointed out that, even in the case of non-appearance, the application for possession of the property and other applications to be made in the proceedings can be decided. (3) Where the condition of the land is of importance, the The expropriation authority shall establish it in a minutes until the beginning of the oral proceedings, or be determined by an expert. A copy of the minutes or of the result of the investigation must be sent to the parties concerned. (4) The decision on the possession of the possession shall be sent to the applicant and the person concerned no later than two weeks after the hearing. The transfer of possessions shall take effect in the date referred to by the expropriation authority. This date shall be set at a maximum of two weeks after the date of notification of the pre-possession order to the immediate owner. The owner of the property is removed from the property by the owner of the property and the owner of the project owner. The institution of the project may carry out on the property the building project referred to in the application for possession of the project and take the necessary measures for this purpose. (5) The institution of the project shall be responsible for the project for the purpose of the advance possession of the project , in so far as the drawbacks are not offset by the interest in compensation for the deprivation or restriction of property or other law, compensation shall be made available. The nature and amount of the compensation shall be determined by the expropriation authority in a decision. (6) If the identified plan or the planning permission is removed, the early possession of the property shall also be lifted and the previous owner shall be returned to the to possess the property. The institution of the project has to pay compensation for all the special disadvantages resulting from the possession of the project. (7) An appeal against an early possession of the project does not have suspensive effect. The request for an order for the postponing effect pursuant to § 80 (5) sentence 1 of the Administrative Court order can only be filed and justified within one month after the notification of the possession-in-order decision has been made. Unofficial table of contents

Section 22 Enpropriation

(1) The expropriation shall be permissible for the purpose of construction and the extension of operating facilities of the railway, insofar as it is necessary for the execution of a construction project established or approved in accordance with section 18. A further determination of the admissibility of the expropriation shall not be required. (2) The established or approved plan shall be based on the expropriation procedure. It is binding on the expropriation authority. (3) If a party has agreed to the transfer or restriction of the property or any other right in writing, the compensation procedure can be carried out directly. (4) Moreover, the expropriation laws of the Länder apply. Unofficial table of contents

§ 22a Compensation procedure

To the extent that, on the basis of a plan determination decision or a planning authorisation, the subcarrier is obliged to pay compensation in cash and the amount of the compensation does not reach an agreement between the person concerned and the institution of the In the event of a project, the competent authority of one of the parties shall decide upon the request of one of the parties; the laws of expropriation of the Länder shall apply mutagentily to the proceedings and to the legal proceedings. Unofficial table of contents

Section 23 Free movement of railway operations

(1) The competent planning authority shall, at the request of the railway infrastructure company, the owner of the land, provide for land, the operating system of a railway, or on which there are operating installations of a railway or the municipality on whose territory the land is located, the exemption from the railway operations, if there is no longer a need for transport, and in the long term no longer any use of the infrastructure in the context of the intended purpose is to be used (2) Before the decision referred to in paragraph 1, the planning authority shall: Railway undertakings, bodies designated pursuant to Article 1 (2) of the regionalisation act, the competent authorities of regional planning and regional planning, the municipalities concerned and the railway infrastructure undertakings, in so far as they are concerned Railway infrastructure shall be connected to the railway infrastructure concerned by the application, and shall be requested by public notice in the Federal Gazette for its opinion. The time limit for delivering the opinion shall not exceed six months. (3) The exemption decision shall be the railway infrastructure company, the owner of the land plot and the municipality on whose territory the property is located. , to be delivered. The competent authorities of the country planning and regional planning shall be informed. Unofficial table of contents

§ 24

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§ 25 Employment hours of jobs

Public railways alone decide at which times jobs to be used for the provision of rail transport services and for the maintenance and operation of the railway infrastructure according to business requirements shall be filled. The right of co-determination of the works council pursuant to § 87 (1) no. 2 of the German Works Constitution Act concerning the working time arrangements for the employment of employees during the occupation periods defined in accordance with sentence 1 remains unaffected. Unofficial table of contents

Section 25a Vehicle registration register

(1) The purpose of the vehicle registration register is to be the one referred to in Article 33 (1), second sentence, point (c) of Directive 2008 /57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system in the Community 1. 1), as last amended by Directive 2011 /18/EU (OJ L 327, 18.12.2011, p. 21), as well as the competent railway supervisory authorities of the countries, have been amended to provide information on railway vehicles which have been authorised to be put into service. These include, in particular, information on the conditions of entry into service and operation, as well as on the respective holder and the body responsible for the maintenance. (2) The register may be carried out electronically. Information from the register can be obtained through the automated call via the Internet. (3) The railway supervisory authorities and the railway licensing authorities may also, without request, the authority competent pursuant to section 5 (1e) of this Directive Transmit information, including personal data, to the extent that this is necessary for the purpose of keeping the register. Unofficial table of contents

§ 25b (omitted)

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Section 26 Legal Regulations

(1) In order to ensure security and order in the railway sector, environmental protection or the protection of the life and health of workers, the Federal Ministry of Transport and Digital Infrastructure is authorized, with the consent of the Federal Council for Public Railways to adopt legal regulations
1.
on the requirements for the construction, maintenance, equipment, operation and transport of the railways in accordance with the requirements of safety, in accordance with the latest technological findings or in accordance with international agreements, in particular with regard to: shall be:
a)
the requirement of authorisations or advertisements;
b)
rules on prohibitions or restrictions on the placing on the market of railway vehicles, infrastructure or parts thereof, or their labelling,
c)
recurrent tests,
d)
the management of registers or evidence, including their storage,
e)
co-compliance with railway undertakings, manufacturers, including their authorised representatives, placing on the market or holding of railway vehicles, infrastructure or parts thereof,
f)
the relevant procedure, including by way of derogation from the rules on the planning of the planning process;
1a.
laying down general conditions for the carriage of persons and their luggage by means of railways, including information requirements, liability in the event of failure, delay or consignment, notification and approval requirements and the procedures, including conciliation, which may derogate from Regulation (EC) No 1371/2007 in accordance with Article 2 (5) of Regulation (EC) No 1371/2007, in so far as rail passenger transport is concerned and the technical or technical the economic circumstances or the operational procedures of a different arrangement require;
1b.
on the necessary provisions, including the procedure for the protection of the installations and the operation of the railways against disturbances and damage;
1c.
on the details of the management of the register of vehicles, in particular on the information to be stored in the register and on the data collection and transmission of data; only information on the identification of the holder may be stored; and the body responsible for maintenance, as well as the nature, equipment, marking and other legal and actual conditions of the railway vehicle;
1d.
the conditions and the procedure for the recognition and supervision of the notified bodies and their activities;
1e.
on the conditions and the procedure for the recognition and supervision of the bodies and their activities;
1f.
on the conditions and the procedure for the recognition and supervision of the test experts and their activities;
2.
on the conditions under which the obligations under Section 12 (2) can be dismissed;
3.
on the conditions under which a railway is granted or revoked by a railway, by means of proof of the conditions set out in Article 6 (2), including the procedures for the authorisation and the determination of personal fitness and Empowerment of the applicant as an entreponator or the person appointed for the management of the business; in the legal regulation, regulations may apply to an examination of the applicant's specialist as an entrepreer or the person responsible for the management of the business. Persons appointed, including the rules governing the conduct and content of the audit, the performance assessment and the composition of the Audit Committee shall be taken;
4.
the granting, suspension, restriction and withdrawal of the driving licence, including the monitoring of the certification procedure, and the holding of a register of drivers ' licences;
5.
over
a)
the requirements for the ability and aptitude of the railway operating staff, its training and examination, including the recognition of examiners and physicians and psychologists carrying out a digesting test,
b)
the establishment of an independent complaint body within the framework of the procedure for issuing certificates within the meaning of Article 5 (1e) (8) (b),
c)
the keeping of registers of certificates issued within the meaning of Article 5 (1e) (8) (b) and of recognised persons and bodies within the meaning of Article 5 (1e) (8) (d),
d)
the appointment, confirmation and verification of plant managers and their duties and powers, including the procedure for obtaining permits and authorisations and their withdrawal or restriction;
6.
on non-discriminatory access to the railway infrastructure of another railway, in particular the conditions for access, the rights and obligations of the parties concerned, including the cooperation and obligations of the operators of the rail routes, the design of access, including the necessary contracts and legal relationships, as well as the rules on their access to and termination of the contract;
7.
the principles governing the levying of charges for the use of a railway infrastructure, which may contain provisions on the bases of assessment and on the procedure for payment of the remuneration;
7a.
the details of the publication in accordance with § 9a para. 1 sentence 2 no. 5 first half-sentence as well as the suitability and powers of the authorized representative in accordance with Section 9a (1) sentence 2 No. 5 of the third half-sentence;
8.
on their obligation to insure themselves in order to cover personal injury, property damage and other property damage caused by the operation of a railway;
9.
the individually attributable public services referred to in Article 7h (1), which are subject to the charge of the chargeable event
10.
the areas of expertise in which experts may operate and the conditions for the public appointment of experts for the construction, maintenance, operation and transport of railways, the powers and responsibilities of the experts, and Obligations in the performance of their duties and on their remuneration; in the case of the law, provisions may, in particular, be made on:
a)
the personal conditions, including age-related requirements, the beginning and the end of the order,
b)
the eligible subjects, including the conditions of employment,
c)
the extent of the expert's obligations in the performance of his duties, and in particular on the obligations of independent, non-refundable, personal, conscientious and impartial service provision and of the insult; , the conclusion of professional indemnity insurance and the extent of liability; the training and exchange of experience; compliance with minimum requirements for the provision of services and the recording of data on individual Business operations and the contracting entities
be taken;
11.
on the subject, content and scope, and the procedure for investigating dangerous events in the railway sector, including cooperation with foreign authorities and bodies of the European Union, and may be subject to the provisions of the Regulation in particular rules on
a)
the powers and the investigation procedure of the competent authority,
b)
the participation and reporting obligations of railways,
c)
reporting and reporting on the investigations carried out,
d)
the content, publication and liability of the safety recommendations of the authorities responsible for the investigation of dangerous events in the railway operation
shall be adopted;
12.
on the requirements to be met by private bodies in the transfer of supervisory and licensing powers;
13.
on the procedure for issuing the safety certificate and the national attestation according to § 7a and the safety authorisation in accordance with § 7c;
14.
requirements for safety management systems as defined in § § 7a and 7c; can also be used to regulate display requirements as well as the procedure;
15.
on requirements relating to the operational safety of public railways, including the provision of notification and approval requirements and the procedure;
16.
on access to training facilities and the requirements for training and training facilities, including the provision of notification and approval requirements, as well as the procedure and registration;
17.
on common safety methods to assess the accessibility and compliance with safety requirements;
18.
on common safety objectives, which must at least be achieved by the various areas of the rail system and the overall system;
19.
on the requirements for a body responsible for maintenance and the procedure for issuing certificates in accordance with § 7g.
In the case of sentence 1 (1a), a legal regulation may also be adopted in order to protect the rights of travellers. (1a) In the legal regulations referred to in the first sentence of paragraph 1, point 9, the fees may be fixed as fixed or time fees. In addition, exemption from fees and charges, fee creditors, fees payable, the extent of the expenses to be reimburzed and the fee collection may be regulated by way of derogation from the provisions of the Federal Law on Fees. (2) In order to ensure the protection of the life and health of the crew and of the personnel directly engaged in the operational management of the transport operations, the Federal Ministry of Transport and Digital Infrastructure is authorized to with the approval of the Federal Council for Public Railways Legal regulations to be adopted on
1.
Working hours, driving times and their interruptions, and shift times,
2.
rest periods and rest periods,
3.
Evidence of activity,
4.
the organisation, the procedure and the means of monitoring the implementation of these legal orders;
5.
the admissibility of deviating collective agreements relating to working hours, driving times, shift and rest periods as well as rest periods and interruptions in driving times.
(3) Legal orders referred to in the first sentence of paragraph 1 shall be adopted by the Federal Ministry of Transport and Digital Infrastructure and by the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety in so far as they relate to environmental protection. The legal regulations referred to in the first sentence of paragraph 1 (1) (1a) shall be adopted in agreement with the Federal Ministry of Justice and for consumer protection and in consultation with the Federal Ministry of Food and Agriculture; in so far as a settlement is concerned , the agreement of the two previously mentioned Federal Ministries is required. The legal regulations referred to in the first sentence of paragraph 1, point 5, shall be adopted in agreement with the Federal Ministry of Education and Research. The provisions of the Vocational Training Act remain unaffected. The legal regulations referred to in paragraphs 1 and 2 for the protection of the life and health of workers and of staff shall be adopted in agreement with the Federal Ministry of Labour and Social Affairs. The legal regulations referred to in the first sentence of the first sentence of paragraph 1 (7) and (9) shall be adopted in agreement with the Federal Ministry of Finance and the Federal Ministry for Economic Affairs and Energy. (4) The Federal Ministry of Transport and Digital Infrastructure will Authorized, with the consent of the Federal Council, to adopt legal regulations
1.
on the adoption of the law of the European Communities or of the European Union, in so far as it relates to articles falling within Articles 1 to 5 of the Law on the Law of Railways or the Federal Railways Construction Act, to German law and to the implementation of the provisions of this Regulation such right of the European Communities or of the European Union;
2.
laying down the scope of Council Regulation (EEC) No 1191/69, to the extent that this Regulation permits it; it may be provided for in the Regulation that the State Governments should, by means of a Regulation, Regulation (EEC) No 1191/69 of the Council for the companies whose activity is limited solely to the operation of city, suburban and regional transport services, by way of derogation from the German Federal Ministry of Transport and Digital Infrastructure's ordinance on the law applicable to the can be explained.
(5) In the case of non-public railways, the appropriations referred to in paragraph 1 shall apply in so far as the unity of the railway system requires it. The authorisation referred to in paragraph 2 shall apply to such railways in so far as they use the railway infrastructure of public railway infrastructure undertakings. In addition, the State governments are authorized to enact legal regulations for these companies; the national governments may transfer the authorization by means of a decree law. (6) In the legal regulations referred to in paragraph 1, no. 1, the Regulation of the building-supervisory procedure in detail or in order to simplify, facilitate or expedite the construction-supervisory procedure or to grant discharge to the authorities also rules on the powers of the supervisory authorities for the release of instructions on
1.
the scope, content and number of construction templates, and
2.
the required applications, advertisements, certificates and certificates.
In the instructions, different requirements and procedures may be laid down for different types of construction projects; it may also be specified for certain projects that the approval or the construction test may be carried out in full or in part. (7) legal orders referred to in paragraph 1 or 2, which are exclusively the subject of the implementation of the provisions of the Official Journal of the European Union.
1.
technical specifications for interoperability within the meaning of Chapter II of Directive 2008 /57/EC,
2.
the specifications for the register of vehicles registered in accordance with Article 33 of Directive 2008 /57/EC,
3.
specifications for the European register of approved vehicle types referred to in Article 34 of Directive 2008 /57/EC, or
4.
Specifications for the infrastructure register referred to in Article 35 of Directive 2008 /57/EC
(8) The Federal Ministry of Transport and Digital Infrastructure is authorized to act in accordance with the provisions of the Federal Council of the European Union. Agreement with the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, and the Federal Ministry of Labour and Social Affairs, with the consent of the Federal Council, the Federal Railway Authority (Bundesamt), the power to adopt a Legal Regulation referred to in the first sentence of paragraph 1, point 1, also in conjunction with paragraph 5 (1) and (6), in whole or in part, to the extent that technical details relating to design, design and design are concerned exclusively with the operating installations of the Federal Railways. Legal regulations of the Federal Railway Office do not require the approval of the Bundesrat; these legal regulations do not apply to the first sentence of the first sentence of paragraph 3. Unofficial table of contents

§ 27 General administrative provisions

The Federal Ministry of Transport and Digital Infrastructure may, in agreement with the Federal Ministry of Labour and Social Affairs, with the approval of the Federal Council for the implementation of the legal regulations issued pursuant to section 26 (2), general , in particular on the application of an administrative offence pursuant to Article 28 (1) (4), (5) and (8). Unofficial table of contents

§ 28 Administrative Offences

(1) Contrary to the law, those who intentionally or negligently act
1.
shall apply rail transport services without authorisation pursuant to Article 6 (1), first sentence, as the holder of railway vehicles shall be self-employed in railway operations or operate railway lines, control systems and safety systems or platforms,
2.
in accordance with Article 7a (1), first sentence, or (4), first sentence, of the public railway operation,
2a.
pursuant to Section 7b (1), including in conjunction with Section 7c (4), a change is not requested or is not requested in due time,
2b.
, contrary to Article 7c (1) sentence 1, operates a public railway infrastructure,
2c.
(dropped)
2d.
, as the person in charge of the company, in breach of § 7f (1) sentence 1 without permission, commends the operation or extends the operation,
2e.
as the person in charge of the company, contrary to § 7f (3), does not report, not correctly or in good time, an indication,
2f.
act without a certificate in accordance with Article 7g (1), first sentence,
3.
, without authorisation pursuant to section 12 (3), first sentence, provides railway services in accordance with § 3 no. 1,
4.
as the person responsible in the company, contrary to § 12 (2) sentence 1, does not apply tariffs or does not apply tariffs in the manner prescribed there or does not apply tariffs against anyone in the same way, contrary to § 12 para. 2 sentence 2,
5.
(dropped)
6.
a legal regulation in accordance with
a)
Section 26 (1) (1) (a), (b) or (c), No 1b, 11 or 15,
b)
Section 26 (1) (1) (d) or (e), No 10, 14 or 16, or
c)
Section 26 (1) (4) or (5) or (2) no. 1 to 3 or 4
or a enforceable order under such a decree, to the extent that the regulation refers to that fine in respect of a particular case, or
7.8 to 8.
(dropped)
9.
a bid or a ban on a regulation of the European Communities or of the European Union or of a enforceable order relating to the railways by virtue of such a regulation, in so far as a legal regulation has been adopted in accordance with Paragraph 3 refers to this fine for a certain amount of the offence.
(2) In the cases referred to in paragraph 1 (5) and (6) (b), the administrative offence may be punishable by a fine of up to ten thousand euros and, in the other cases in paragraph 1, with a fine of up to fifty thousand euros. (3) The Federal Government is authorized, by means of a regulation with the consent of the Bundesrat, to designate the facts which may be punishable as an administrative offence pursuant to paragraph 1 (9), in so far as this is necessary for the purpose of implementing the Regulation in question. Unofficial table of contents

Section 29Responsibility for the prosecution and prosecution of administrative offences

(1) Administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences is in the event of administrative offences in the area of companies subject to the supervision of the Federal Railway Authority, that authority, insofar as not in accordance with Section 64b (b) (1) of the Law on Administrative Offences. 3 of the Railway-Construction and Operating Regulations of 8 May 1967 (BGBl. II p. 1563), most recently by Article 7 of the Law of 21 June 2002 (BGBl. 2191), and in accordance with Section 49 (3) of the Railway Construction and Operating Regulations for narrow-gauge railways of 25 February 1972 (BGBl. 269), as last amended by Article 6 (132) of the Law on the Law of the Law of 27 December 1993 (BGBl). 2378), which is the responsibility of the Federal Police Department in accordance with Section 58 (1) of the Federal Police Act. (2) In addition to the administrative authorities specified in § § 37 and 38 of the Law on Administrative Offences Is responsible for the prosecution and prosecution of the offences referred to in Article 28 (1) (2a) to (2e) or (6) (c) also by the managing authority in whose district the business branch of the holding in which the person concerned operates is located § 39 of the Law on Administrative Offences shall apply accordingly. (3) If a violation of If the staff of the Federal Railways property or employees of the Federal Railways are committed, the provisions of paragraph 1 shall apply accordingly. Unofficial table of contents

Section 30 Transitional regime for the rail passenger transport of the railways of the Federal Republic of Germany

Until 31 December 1995, the Federal Ministry of Transport and Digital Infrastructure shall also be the competent authority and competent authority within the meaning of Regulation (EEC) No 1191/69 of the Federal Railways Council, in so far as it is concerned is about
1.
the tariffs in the rail passenger transport of these railways;
2.
Conditions on the basis of Article 1 (5) and (6) of Council Regulation (EEC) No 1191/69 on the rail passenger transport of these railways.
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Section 31 Self-employed participation in railway operations

For holders of railway vehicles which take part in the railway operation independently and do not meet the conditions laid down in Article 2 (1) and (2), unless otherwise specified, the provisions relating to non-public transport shall apply. Railway undertakings accordingly. Unofficial table of contents

Section 32 Non-Self-Employed Participation in Railway Operations

In the case of holders of railway vehicles which are not self-employed in railway operations, unless otherwise specified, the rules applicable to non-public railway undertakings shall be applicable to the extent to which they concern:
1.
railway supervision;
2.
charges and levies on individually attributable public services,
3.
the duty to insure.
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§ 33 (omitted)

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Section 34 Network advisory board

To the extent necessary for the development, development or maintenance of railway tracks, an operator of the railway system shall, at the request of the competent supervisory authority, be required to establish an independent network advisory board. The Network Advisory Council has the right to make recommendations on the development, extension and maintenance of the rail routes. The Board of Directors of the railway operator shall make these recommendations the subject of its deliberations. The network advisory board shall appoint representatives or representatives of railway undertakings and the bodies designated pursuant to section 1 (2) of the regionalisation act by the competent supervisory authority. The Network Advisory Council is to have no more than 15 members. Unofficial table of contents

Section 35 Railway infrastructure advisory board

The Railway Infrastructure Advisory Council has the task of:
1.
to advise the regulatory authority in the performance of its tasks and the preparation of the report in accordance with section 14b (4);
2.
the regulatory authority to make proposals for the priorities of its activities.
It shall be entitled to obtain information and opinions from the regulatory authority. The regulatory authority shall be required to provide information in that regard. Unofficial table of contents

Section 35a Railway Safety Advisory Council

(1) The Railway Safety Advisory Board has the task of advising the Federal Railway Authority in the performance of its duties as a safety authority and the cooperation between the Federal Railway Authority as a safety authority and the cooperation between the Federal Railway Authority and the Federal Office for the Safety of the Environment. (2) The Railway Safety Advisory Board is an opportunity to express an opinion on general questions relating to the application of the law by the Federal Railway Authority as part of the exercise of the duties of the Federal Railways (Bundesamt) as a security authority, in particular with regard to the principles of discretionary power and (3) Security certificates according to § 7a (1) or security approvals according to § 7c (1) for non-federal railways require the Benehmens with the Railway Safety Advisory Council (Railway Safety Advisory Council). In urgent cases, safety certificates or security permits may also be issued without consulting; in such cases, the Railway Safety Advisory Council shall be notified retroactively. (4) The Railway Safety Advisory Council shall be informed of the The Federal Railway Authority shall be entitled to obtain information and opinions. The Federal Railway Authority shall be responsible for providing information to this extent. Unofficial table of contents

Section 36 Opinion of the Monopolies Commission

Every two years the Monopolies Commission shall draw up an opinion assessing the state of play and the foreseeable development of competition and the question of whether there is effective and undistorted competition within the meaning of Article 1, the application of the competition rules and the application of the The Commission is to express its appreciation of the rules of railway law and to take a position on other current issues relating to competition policy in connection with the operation of railways. The opinion is to be completed in the year in which no major opinion is presented under Section 44 of the Law on Competition Restrictions. Unofficial table of contents

Section 37 Suspensive effect of legal remedies

Objection and action against decisions pursuant to § § 14c, 14e and 14f shall have no suspensive effect. Unofficial table of contents

Section 38 Further transitional provisions

(1) The railway infrastructure of a non-national railway infrastructure company whose authorisations has been granted by one country by 1 July 2002 shall be subject to a different country, then the authorisations granted to date shall continue to apply and from 1. July 2003 as the approval of the country in which the railway infrastructure is located, unless the participating countries have until then agreed otherwise in accordance with Section 5 (1b) No. 2 sentence 2. The first sentence shall apply to railway supervision. (2) The railway construction and operating regulations, which must be granted access to its railway infrastructure for the first time as from 30 April 2005 in accordance with Article 14 (1), shall be applied to railways which have to provide access to their railway infrastructure. Railway signalling system 1959 and the Railway Works Council Regulation, pending the adoption of a regulation in accordance with the third sentence of this Regulation. These railways are subject to the respective national rules on the operational safety of non-public railways. The Federal Ministry of Transport and Digital Infrastructure is authorized to determine, by means of a regulation with the consent of the Bundesrat, that the first and second sentences are no longer to be applied, in so far as it is applicable to the uniform regulation of the (3) To the person who is already legally exercising on 29 April 2005 activities pursuant to § 6 para. 1, the authorisation pursuant to § 6 (1) shall be granted upon request without the conditions of § 6 Paragraph 2 shall be examined. Sentence 1 shall apply only if the authorisation is requested by 1 May 2006. (4) Railways, which shall no longer be subject to the insurance obligation pursuant to § 1 of the Railway Liability Ordinance pursuant to Article 1 (2) (2) of this Regulation from 30 April 2005. (5) railway undertakings already participating in the railway operation on 30 April 2005 shall be required to submit proof of the existence of an insurance scheme for the supervisory authority competent pursuant to § 5. to apply for a safety certificate by 1 November 2005. The safety certificate shall be deemed to be provisional in the event of a timely application pending the occurrence of the unquestionability of the decision on the application. (5a) Rail transport undertakings which shall enter into force until 1 November 2005. In accordance with § 14 (7) of the version of the certificate in force until 20 April 2007, and the application of which is not yet to be indisputable, the safety certificate shall be issued after the regulations in force until 20 April 2007. Safety certificate. The safety certificate referred to in the first sentence or a safety certificate issued before 21 April 2007 shall be valid until 31 December 2010 at the latest. (5b) Public transport undertakings which are already on the market on 21 April 2007 Railway undertakings shall apply for a safety certificate or a national certificate according to § 7a to the end of 31 December 2008. (5c) Public railway infrastructure undertakings which are already on the market on 21 April 2007 Railway operations shall have the safety authorisation in accordance with § 7c up to the 21. October 2007. The first sentence shall not apply to public railway infrastructure undertakings which operate exclusively service facilities or networks of regional transport which do not have a connection to another country. In the event of a timely application, the security authorisation shall be deemed to be provisional until the decision on the application is indisputable. (5d) As far as a safety certificate is issued pursuant to section 14 (7) of the present application, in the period up to 20. It must be requested immediately to apply for a safety certificate pursuant to section 7a (1) or a national certificate pursuant to section 7a (4) of this Regulation, which must be renewed, amended or renewed for other reasons. The safety certificate or national certificate requested in accordance with the first sentence of the first subparagraph shall be deemed to be provisional in each case with the application pending the invalidity of the decision on the application in question. (5e) Those who already have a The approval pursuant to Section 7d (4) of the Section 7d (1) shall not be subject to the obligation to grant approval pursuant to Section 7d (4) of this Regulation. The approval shall be subject to the following conditions: October 2007. The approval is valid in the event of a timely application pending the entry of the unquestionability of the decision on the application as provisional. (5f) The bodies responsible for the maintenance of freight wagons, which already operate on 31 May 2012 , the maintenance authorities shall apply for certificates in accordance with § 7g until the end of 31 January 2013. In the event of a timely application, the maintenance certificate certificate shall be deemed to be provisionally granted until the entry of the indisputable decision on the application, until 31 May 2013 at the latest. No maintenance points need to be certified
1.
railway systems which, on 31 May 2012, have a safety certificate or a safety permit, for the period of validity of the certificate or the safety authorisation; or
2.
Bodies responsible for the maintenance of freight wagons, which shall, on 31 May 2012, provide a certificate on the basis of the declaration of intent drawn up by the Federal Republic of Germany on 14 May 2009 establishing the principles of a common Systems for the certification of bodies responsible for the maintenance of freight wagons, for the period of validity of which, until 31 May 2015, shall be valid at the latest.
(6) § 23 shall apply only to applications submitted after 30 April 2005. (7) The administrative and judicial procedures relating to access to railway infrastructure pending on 29 April 2005 shall be subject to the provisions of this Directive. Provisions and
1.
until the end of 31 December 2005 by the Federal Railway Authority,
2.
as from 1 January 2006 by the regulatory authority
(8) As from 1 January 2010, for train paths on special routes within the meaning of Article 24 of Directive 2001 /14/EC, which are to be used by applicants who are already on these train paths by 31 December 2009, Rail transport services, a single renewable framework contract with a duration of five years will be concluded. If the possibility of an extension is agreed, the framework contract shall be subject to the approval of the regulatory authority. The authorisation shall be granted where contractual ties or special investments are proved. The rates 2 and 3 shall not apply to framework contracts with persons entitled to access pursuant to § 14 (2) (3) and (4).

Footnote

Section 38 (4) italics: Should the "Railway Liability Insurance Ordinance" be correct Unofficial table of contents

Section 39 Transitional arrangements for planning

(1) Planning procedures or planning approval procedures applied for before 17 December 2006 shall be continued in accordance with the provisions of this Act in the version in force as of 17 December 2006. Section 11 (2) of the Road Traffic Planning Acceleration Act remains unaffected. (2) § 18c also applies to planning decisions and planning permits issued before 17 December 2006, in so far as the plan has not yet entered into force. is. Unofficial table of contents

Section 40 Transitional transitional arrangements

(1) § § 2, 14 and 14b are to be applied until the end of 31 December 2009 in their version valid on 28 May 2009. (2) § 14g shall apply from 1 January 2010. Unofficial table of contents

Annex (to § 18e para. 1)
Rail routes with first-instance jurisdiction of the Federal Administrative Court

(Fundstelle: BGBl I 2006, 2835) Presiding:
For the purposes of the Appendix
1.
ABS: extension line,
2.
NBS: Neubauhaul.
The rail tracks also include the facilities required for the operation of rail tracks. The rail paths begin and end at the node points at which they are connected to the existing network.

Lfd. No. Projects
1 ABS Lübeck/Hagenow Land-Rostock-Stralsund
2 ABS Leipzig-Dresden
3 ABS Hamburg-Lübeck
4 ABS Hamburg-Öresund region
5 ABS/NBS Hamburg/Bremen-Hannover
6 ABS post-Lüneburg
7 ABS Oldenburg-Wilhelmshaven/Langwedel-Uelzen
8 ABS Uelzen-Stendal
9 ABS Rotenburg-Minden
10 ABS Minden-Haste/ABS/NBS Haste-Seelze
11 ABS Berlin-Pasewalk-Stralsund (-Skandinavien)
12 ABS Berlin-Rostock (-Skandinavien)
13 ABS Berlin-Dresden
14 ABS Hoyerswerda-Horka-frontier D/PL
15 ABS/NBS Hanau-Würzburg/Fulda-Erfurt
16 NBS Rhine/Main-Rhine/Neckar
17 ABS Düsseldorf-Duisburg (Rhein-Ruhr-Express)
18 ABS/NBS Karlsruhe-Offenburg-Freiburg-Basel
19 ABS/NBS Stuttgart-Ulm-Augsburg
20 ABS Ludwigshafen-Saarbrücken, Kehl-Appenweier
21 ABS/NBS border D/NL-Emmerich-Oberhausen
22 ABS Munich-Rosenheim-Kiefersfelden-Border D/A