Law on the development of the railways of the federal government (Federal Railways Construction Act)

Unofficial table of contents

BSWAG

Date of completion: 15.11.1993

Full quote:

" Bundesrailwegeausbaugesetz vom 15. November 1993 (BGBl. 1874), as last amended by Article 309 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407). "

Status:

Last amended by Art. 309 V v. 31.10.2006 I 2407

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate: 25.11.1993 + + +) 

  

Unofficial table of contents

§ 1 Expansion of the federal railway network of the Confederation

(1) The rail network of the Federal Railways is expanded according to the requirements plan for the Federal Railways, which is attached to this law as an annex. (2) The determination of the requirements in the demand plan is for the planning determination according to § 18 of the German Federal Railways Act. General railway law binding. Unofficial table of contents

§ 2 Demand plan, individual measures

(1) The extension shall be carried out in accordance with the steps provided for in the requirements plan and in accordance with § § 8 to 11. (2) Individual construction measures which have not been included in the requirements plan shall remain unaffected; they shall be coordinated with the construction measures which shall: on the basis of the demand plan. Unofficial table of contents

§ 3 Subject of the demand plan

(1) The needs plan shall include, in particular, rail transport routes for long-distance and short-haul transport, rail transport hubs and rail transport facilities, which are linked to the combined rail/road/waterway transport and the direct link by long-distance routes with international airports. The expansion measures can also include measures for electrification on existing rail lines of the federal railways. (2) The demand plan for the federal rail routes and the corresponding plans for other modes of transport are within the scope of the Federal road transport planning to be coordinated. In this connection, it is also appropriate to take account of the plans for the development of European rail transport and combined transport, the environment and the objectives of spatial planning. Unofficial table of contents

Section 4 Review of requirements

(1) By the end of each five-year period, the Federal Ministry of Transport, Building and Urban Development shall examine whether the plan of demand has to be adapted to the economic and transport development that has occurred in the meantime. The adjustment and lineup take place by law. (2) The Law on the Promotion of Stability and Growth of the Economy of 8 June 1967 (BGBl. I p. 582) shall remain unaffected. Unofficial table of contents

§ 5 Planning Period

(1) The Federal Ministry of Transport, Building and Urban Development shall draw up five-year plans for the implementation of the expansion according to the needs plan. The five-year plans form the basis for the establishment of plans for the development of the Federal Railways. (2) The Federal Ministry of Transport, Building and Urban Development has set up a project for the implementation of the expansion plan in accordance with the first demand plan. Three-year plan. No later than three years after the entry into force of the Law on the Law of Railways of 27 December 1993 (BGBl. I p. 2378), the Federal Ministry of Transport, Building and Urban Development is presenting a new demand plan. Unofficial table of contents

Section 6 Unforeseen needs

To the extent that unforeseen traffic requirements, in particular due to a change in the transport structure, require, the development plans may also include measures which do not correspond to the needs plan in individual cases. Unofficial table of contents

§ 7 Reporting obligation

The Federal Ministry of Transport, Building and Urban Development reports annually to the German Bundestag on the progress of the construction of the railway network in accordance with the state of the art of 31 December of the previous year. Unofficial table of contents

§ 8 Investments

(1) The Federal Government finances investments in the railways of the Federal Railways. The investments include the construction, expansion and replacement investments of the railways of the Federal Railways in accordance with the provisions of this law within the limits of the available budget. The state of the railways of the Federal Railways in the Länder of Berlin, Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia is due to the state of the railways of the Federal Railways in the other countries. (2) Of the funds are to be used twenty of the hundred for investments in railway lines of the railways of the federal government, which serve the rail passenger transport. Deutsche Bahn Aktiengesellschaft approves this measure with the respective federal state. (3) The financing according to § 11 of the municipal transport finance act as amended by the notice of 28 January 1988 (BGBl. 100), as last amended by Article 6 (107) of the Law of 27 December 1993 (BGBl I). (4) The Federal Railways shall bear the costs of entertainment, and shall be subject to the following conditions: (4) The railways of the Federation shall bear the costs of entertainment; and (5) Rail routes within the meaning of this Act shall be the rail routes of railways, including those necessary for the operation of the railway lines, the construction or modification of which shall in principle be the subject of a Plan determination according to § 18 of the General Railways Act of 27 December 1993 (BGBl. (6) The provisions of paragraphs 1 to 4 shall apply in accordance with fixed operational control systems which increase the capacity of the railways and replace or avoid other more expensive investments in the rail infrastructure. Unofficial table of contents

Section 9 Financing and construction

The implementation of the construction measures included in the needs plan and their financing require an agreement between the railways of the Confederation, whose railway lines are to be built or expanded, and those of local authorities, or Third parties, which finance the construction or expansion in whole or in part. The agreement shall, at the request of one of the parties concerned, with the use of an auditor or an accounting firm, be reviewed at the earliest after seven years to determine whether and to what extent the business The interest of the federal railways has changed in terms of investment. The costs shall be borne by the applicant. If the conditions governing the content of the agreement have changed so substantially since the conclusion of the contract that a Contracting Party is not to be allowed to hold on to the arrangements originally agreed upon, it may be This Contracting Party shall require the agreement to be adjusted to the amended conditions. Unofficial table of contents

§ 9a Repayment of investment funds of the Federal Government

(1) Insofar as the railways of the Federal Government decommission, decommission, do not operate in an operational manner or transfer to other railway infrastructure managers in the sense of Section 8 (5), the federal funds granted by the Federal Government of the Federal Republic of Germany shall not be responsible for the Consignee, proportionally in proportion of actual use time to technically possible and usual time of use, to pay back to the federal government. The technically possible and usual time of use is determined in the agreement according to § 9 sentence 1 between the railways of the federal government and the federal government. (2) The obligation to repay pursuant to the first sentence of paragraph 1 shall not apply in the case of the transmission of the railway lines. another infrastructure manager, if:

1.

the acquiring infrastructure manager takes over the operation, construction and maintenance of the railway lines; and

2.

ensure, in the long term and at least until the end of the possible and customary period of use of the installations financed by the Federal Government, that the railway infrastructure which it has transferred is a public railway infrastructure within the meaning of Section 3 (1) of the General Railway law.

If the acquiring infrastructure manager is less than this time of use, he shall be obliged to reimburse the Federal Government for reimbursement of the repayments due under paragraph 1. (3) Insofar as the receiving infrastructure manager is responsible for the transfer of the infrastructure shall be paid to the Federal Government's railways, up to the amount of the federal funds to be repaid under the provisions of paragraph 1 in the case of decommissioning, misappropriation or non-operation of the infrastructure to be repaid. If the transferred infrastructure is financed with interest-free loans from the federal government, the participating railways of the federal government and the acquiring infrastructure manager have to guarantee the loan style jointly and severally. In this case, the usage fee agreed between the railways of the Federal Government and the accepting infrastructure manager is not available to the Federal Government. (4) A future promotion of a once-delivered railway track by the Federal Government is in accordance with this Law excluded, insofar as the requirements for rail travel are not determined in accordance with § 1 and the rail path is operated by the railways of the Federal Republic. The application of paragraph 2 shall be excluded if the use of the federal funds by the federal railways has been carried out with the aim of transferring the rail routes to other railway infrastructure managers. Unofficial table of contents

§ 10 Co-financing by railway

(1) If the Federal Government has included in the requirements plan the construction or extension of railway lines on behalf of a Federal Railways on request and in the interest of this railway, these payments shall be made to the Federal Government at least in the amount of the annual depreciation on the Rail travel financed by the Federal Government pursuant to section 8 (1). If this construction measure is not or only partly in the interest of the business, it can also be determined in the agreement to be concluded in accordance with § 9 sentence 1 that the payments to the federal government in the amount of the amortization shall only apply to a partial amount of the (2) Paragraph 1 shall apply in accordance with agreements between other local authorities or third parties and the railways of the Federal Republic of Germany. Unofficial table of contents

§ 11 Spare investments

(1) Spare investments shall not be included in the demand plan. (2) § § 9, 9a and 10 shall apply for the financing and construction of the replacement investments. Unofficial table of contents

§ 12 Entry into force

This Act shall enter into force on the day after the announcement. Unofficial table of contents

Annex (to § 1)
Demand plan for the Federal Railways

(Fundstelle: BGBl. I 2004, 2322-2323)

1.

Pre-urgent needs

a)

Ongoing and fixed-scale projects

lfd. No.	Projects
1	Measures with a residual volume of < 50 million Euro
2	ABS 1) Lübeck/Hagenow Land-Rostock-Stralsund
3	ABS Hamburg-Büchen-Berlin
4	ABS post-Lüneburg
5	ABS Berlin-Dresden (1. Construction Level)
6	ABS Hannover-Lehrte
7	ABS wages-Braunschweig-Wolfsburg (1. Construction Level)
8	ABS Dortmund-Paderborn-Kassel
9	ABS/NBS 1) Nürnberg-Erfurt
10	NBS/ABS Erfurt-Leipzig/Halle
11	ABS Leipzig-Dresden
12	ABS Paderborn-Bebra-Erfurt-Weimar-Jena-Glauchau-Chemnitz (1. Construction Level)
13	ABS Karlsruhe-Stuttgart-Nuremberg-Leipzig/Dresden
14	ABS Berlin-Frankfurt/Oder-Border D/PL
15	ABS Cologne-Aachen
16	ABS/NBS Hanau-Nantenbach
17	ABS Ludwigshafen-Saarbrücken, Kehl-Appenweier
18	ABS Mainz-Mannheim
19	ABS Fulda-Frankfurt am Main
20	ABS/NBS Stuttgart-Ulm-Augsburg
21	ABS Augsburg-Munich (1. Construction Level)
22	ABS Munich-Mühldorf-Freilassing (1. Construction Level)
23	NBS/ABS Nürnberg-Ingolstadt-Munich
24	ABS Ulm-Friedrichshafen-Lindau (1. Construction Level)
25	ABS/NBS Karlsruhe-Offenburg-Freiburg-Basel (1. Construction Level)
26	Combined transport/marshalling yards (1. Level)
27	Expansion of nodes (Berlin, Dresden, Erfurt, Halle/Leipzig, Magdeburg)
(b) New projects
lfd. No.	Projects
1	ABS Hamburg-Lübeck
2	ABS Neumünster-Bad Oldesloe
3	ABS Oldenburg-Wilhelmshaven/Langwedel-Uelzen
4	ABS/NBS Hamburg/Bremen-Hannover
5	ABS Rotenburg-Minden
6	ABS Uelzen-Stendal
7	ABS Minden-Haste/ABS/NBS Haste-Seelze
8	ABS Hannover-Berlin (Main route Oebisfelde Staaken)
9	ABS (Amsterdam-) border D/NL-Emmerich-Oberhausen (1. Building Level) 2)
10	ABS Hagen-casting (1. Construction Level)
11	ABS Hoyerswerda-Horka-frontier D/PL
12	ABS/NBS Hanau-Würzburg/Fulda-Erfurt
13	NBS Rhein/Main-Rhein/Neckar 3)
14	ABS Augsburg-Munich (2. Construction Level)
15	ABS/NBS Karlsruhe-Offenburg-Freiburg-Basel (2. Construction Level)
16	ABS Nürnberg-Marktredwitz-Reichenbach/Border D/CZ (-Prague)
17	ABS Luxembourg-Trier-Koblenz-Mainz
18	ABS Berlin-Dresden (2. Construction Level)
19	ABS (Venlo-) border D/NL-Kaldenkirchen-Viersen/Rheydt-Rheydt-Odenkirchen 4)
20	ABS Düsseldorf-Duisburg
21	ABS Munich-Mühldorf-Freilassing (2. Construction Level)
22	ABS Münster-Lünen (-Dortmund)
23	ABS Neu-Ulm-Augsburg
24	ABS Berlin-Görlitz
25	ABS Hamburg-Elmshorn (1. Construction Level)
26	ABS Stuttgart-Singen-frontier D/CH
27	ABS Munich-Lindau-Border D/A
28	Expansion of nodes (2. (Stage) 5)
29	Combined transport/marshalling yards (2. (Stage) 6)
30	SPNV 7)
31	International projects referred to in Part 3, subject to the conditions
2. More requirements
lfd. No.	Projects
1	ABS Hamburg-Elmshorn (2. Construction Level)
2	ABS Oldenburg-Leer
3	ABS Lübeck-Schwerin
4	ABS Hagen-Brilon Wald-Warburg
5	ABS Paderborn-Halle
6	ABS Hagen-casting (2. Construction Level)
7	ABS wages-Braunschweig-Wolfsburg (2. Construction Level)
8	ABS Graben-Neudorf/Heidelberg-Karlsruhe
9	ABS Paderborn-Bebra-Erfurt-Weimar-Jena-Glauchau-Chemnitz (2. Construction Level)
10	Expansion of nodes (3. Level)
11	Combined transport/marshalling yards (3. Level)
12	International projects referred to in Part 3, subject to the conditions
3. International projects
The routes referred to below shall have a meaning beyond the national framework. An agreement with the neighbouring countries concerned is required for the development of these routes. In order to include these routes in the priority requirements, In addition, the usual criteria must be met.
lfd. No.	Projects
1	ABS Hamburg-Öresund region
2	ABS Berlin-Angermünde-frontier D/PL (-Stettin (Szczecin))
3	ABS Berlin-Pasewalk-Stralsund (-Skandinavien) (2. Construction Level) 8)
4	ABS Berlin-Rostock (-Skandinavien) (2. Construction Level) 8)
5	ABS Munich-Rosenheim-Kiefersfelden-Border D/A
6	ABS Nürnberg-Passau-frontier D/A 9)
7	ABS Ulm-Friedrichshafen-Lindau-frontier D/A (2. Construction Level) 9)
8	ABS/NBS (Roermond-) border D/NL-Mönchengladbach-Rheydt ("Eiserner Rhein")
9	ABS border-D/NL-Emmerich-Oberhausen (2. Construction Level) 9)
10	ABS Munich-Mühldorf-Freilassing-frontier D/A including branch Tüßling-Burghausen (3. Construction Level)
11	ABS (Berlin-) Ducherow-Swinemünde (Swinoujscie)-Ahlbeck border (Usedom)

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1)

ABS = extension distance, NBS = new route.

2)

The state of North Rhine-Westphalia is financially involved in the expansion.

3)

Integration of the rail passenger transport in the Mannheim area exclusively via Mannheim main station. The rail passenger transport system in the Starkenburg region is to be guaranteed via Darmstadt's main railway station.

4)

The state of North Rhine-Westphalia is financially involved in the expansion.

5)

Subject to proof of economic viability.

6)

Inclusion subject to the overall optimisation of the planning of marshalling yards (2. (2) and for transhipment facilities of combined transport (2). Level).

7)

In the context of the local transport allowance pursuant to § 8 (2), subject to proof of economic viability in individual cases.

8)

1. Construction level is carried out in the context of inventory network investments.

9)

Agreements with the neighbouring country have already been concluded for these projects.