Law On The Extension Of The Railways Of The Federation

Original Language Title: Gesetz über den Ausbau der Schienenwege des Bundes

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Act on the development of railways of the Federal Republic of Germany (Federal Railways Construction Act)

Non-official table of contents

BSWAG

Date of issue: 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. I p. 2407) "

:Last modified by Art. 309 V v. 31.10.2006 I 2407

For details, see the Notes

Footnote

(+ + + text certificate: 25.11.1993 + + +)

for details on the stand. name="BJNR187400993BJNE000101314 " />Non-official table of contents

§ 1 Expansion of the federal railway network network

(1) The rail network of the federal railways will be based on the demand plan for the Federal Railways, which is annexed to this Act.(2) The determination of the needs in the demand plan is binding for the planning of the planning according to § 18 of the General Railway Act. Non-official table of contents

§ 2 Demand plan, individual actions

(1) The expansion is done by levels that are provided in the demand plan, and in accordance with § § 8 to 11.(2) Individual construction measures not included in the needs plan shall remain unaffected; they shall be in line with the construction measures to be carried out on the basis of the needs plan. Non-official table of contents

§ 3 Subject of the demand plan

(1) The needs plan is intended to include in particular rail transport routes of the Remote and local transport, rail transport hubs and rail transport facilities, which are used for the combined rail/road/waterway transport and the direct link between long-distance routes and international airports. The expansion measures can also include measures for electrification on existing rail sections of the federal railways.(2) The requirements plan for the Federal Railways and the corresponding plans for other modes of transport shall be coordinated with each other within the framework of the Federal Transport Infrastructure Plan. 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. Non-official table of contents

§ 4 Review of demand

(1) At the latest after five years have elapsed, the Federal Ministry of Transport, Construction and urban development whether the needs plan should be adapted to the economic and transport development that has occurred in the meantime. The adaptation and preparation shall be made by law.(2) The Law on the Promotion of Stability and Growth of the Economy, 8. June 1967 (BGBl. I p. 582) shall remain unaffected. Non-official table of contents

§ 5 Planning period

(1) The Federal Ministry of Transport, Building and Construction is responsible for the implementation of the expansion plan. and urban development, five-year plans. The five-year plans form the basis for the establishment of development plans for the federal railways.(2) The Federal Ministry of Transport, Building and Urban Development has set up a three-year plan to implement the extension according to the first demand 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. Non-official table of contents

§ 6 Unforeseen demand

Insofar as unforeseen traffic requirements are due, in particular, to a change in the If the transport structure requires it, the development plans may also contain measures which do not correspond to the needs plan in individual cases. Non-official 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 rail network according to the level of 31. December of the previous year. Non-official table of contents

§ 8 Investments

(1) The federal government finances investments in the railway tracks 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. adjusted.(2) Of the funds, twenty of the hundred shall be used for investments in railway lines of the Federal Railways, which are used for local 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 law in the version of the announcement of the 28. January 1988 (BGBl. 100), as last amended by Article 6 (107) of the Law of 27. December 1993 (BGBl. 2378), as well as the promotion of investments in the railways of the Federal Railways by other local authorities or third parties shall remain unaffected.(4) The railways of the Federal Republic of Germany bear the costs of maintenance and repair of their rail routes.(5) Rail routes within the meaning of this Act are the rail routes of railways, including the facilities necessary for the operation of the railway lines, the construction or modification of which is in principle subject to a plan determination in accordance with § 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. Non-official table of contents

§ 9 Financing and Construction Implementation

The implementation of the construction measures included in the demand plan as well as their Financing is subject to an agreement between the railways of the Confederation, whose railway lines are to be built or expanded, and those 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. Non-official table of contents

§ 9a Repayment of federal investment funds

(1) As far as the federal railways are financed by the Federal Government Rail routes within the meaning of section 8 (5), decommissioning, non-functional, non-operational or transferred to other railway infrastructure managers, the federal funds granted shall be from the recipient, proportionate to the actual Time of use at the technically possible and usual time of use, to be repaid 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 in accordance with the first sentence of paragraph 1 shall not apply in the case of the transfer of rail routes to another infrastructure manager, if
1.
the accepting infrastructure manager will take over the operation, construction and maintenance of the rail tracks and
2.
it ensures that the rail routes that are transmitted to it are long-term, but at least until the end of the possible and usual period of use of the plants financed by the Federal Government as public railway infrastructure within the meaning of Section 3 (1) of the General Railway Act.
The receiving infrastructure manager shall be subject to this period of use and shall be reimbursed to the Federal Government in proportion to the refund provided for in paragraph 1. committed to repayments due.(3) Insofar as the acquiring infrastructure manager has to pay a fee to the Federal Railways for the acquisition of the infrastructure, this fee shall be up to the level of the amount of the fee referred to in paragraph 1 for the purpose of decommissioning, misappropriation or for the purpose of misdeferment. Federal funds to be repaid in non-operating conditions to the Federal Government. If the transferred infrastructure is financed with interest-free loans from the Federal Government, the participating railways of the Federal Government and the receiving infrastructure managers have to guarantee the lending style jointly and severally. In this case, the usage fee agreed between the railways of the federal government and the accepting infrastructure manager does not apply to the federal government.(4) A future promotion of a once-delivered railway track by the federal government is excluded under this law, unless the need for rail travel is determined in accordance with § 1 and the rail path is operated by the federal railways. 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. Non-official table of contents

§ 10 Co-financing by the railways

(1) The federal government has the construction or extension of railway lines for a federal railway shall, at the request and in the interest of this railway, be included in the demand plan, these payments shall be made to the Federal Government at least in the amount of the annual depreciation on the rail route 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 be based on a partial amount of the Investment total, or the federal government grants a construction grant at an appropriate level.(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. Non-official table of contents

§ 11 Replacement investment

(1) Replacement investments are not included in the demand plan.(2) § § 9, 9a and 10 shall apply for the financing and construction of the replacement investments. Non-official table of contents

§ 12 Entry into force

This law will enter into force on the day after the announcement. unofficial table of contents

asset (to § 1)
demand plan for the federal rail routes

(site: BGBl. I 2004, 2322-2323)
1.
Urgent Demand
a)
Running and fixedly disputed projects

lfd. No. Projects
1Actions with a Residual volume < 50 million Euro
2ABS 1) Lübeck/Hagenow Land-Rostock-Stralsund
3ABS Hamburg-Büchen-Berlin
4ABS Position-Lüneburg
5ABS Berlin-Dresden (1. Construction level)
6ABS Hannover-Lehrte
7ABS wages-Braunschweig-Wolfsburg (1. Construction level)
8ABS Dortmund-Paderborn-Kassel
9ABS/NBS 1) Nürnberg-Erfurt
10NBS/ABS Erfurt-Leipzig/Halle
11ABS Leipzig-Dresden
12ABS Paderborn-Bebra-Erfurt-Weimar-Jena-Glauchau-Chemnitz (1. Construction level)
13ABS Karlsruhe-Stuttgart-Nuremberg-Leipzig/Dresden
14ABS Berlin-Frankfurt/Oder-frontier D/PL
15ABS Köln-Aachen
16ABS/NBS Hanau-Nantenbach
17ABS Ludwigshafen- Saarbrücken, Kehl-Appenweier
18ABS Mainz-Mannheim
19ABS Fulda-Frankfurt am Main
20ABS/NBS Stuttgart-Ulm-Augsburg
21ABS Augsburg-Munich (1. Construction level)
22ABS München-Mühldorf-Freilassing (1. Construction level)
23NBS/ABS Nürnberg-Ingolstadt-München
24ABS Ulm-Friedrichshafen-Lindau (1. Construction level)
25ABS/NBS Karlsruhe-Offenburg-Freiburg-Basel (1. Construction level)
26Combined traffic/marshalling yards (1. Level)
27Expansion of nodes (Berlin, Dresden, Erfurt, Halle/Leipzig, Magdeburg)
b) New Projects
lfd. No. Projects
1ABS Hamburg-Lübeck
2ABS Neumünster-Bad Oldesloe
3ABS Oldenburg-Wilhelmshaven/Langwedel-Uelzen
4ABS/NBS Hamburg/Bremen-Hannover
5ABS Rotenburg-Minden
6ABS Uelzen-Stendal
7ABS Minden-Haste/ABS/NBS Haste-Seelze
8ABS Hannover-Berlin (Oebisfelde-Staaken)
9ABS (Amsterdam-) border D/NL-Emmerich- Oberhausen (1. Baustufe) 2)
10ABS Hagen-Giessen (1. Building level)
11ABS Hoyerswerda-Horka boundary D/PL
12ABS/NBS Hanau-Würzburg/Fulda-Erfurt
13NBS Rhein/Main-Rhein/Neckar 3)
14ABS Augsburg-Munich (2. Construction level)
15ABS/NBS Karlsruhe-Offenburg-Freiburg-Basel (2. Construction level)
16ABS Nürnberg-Marktredwitz-Reichenbach/Border D/CZ (-Prague)
17ABS Luxembourg-Trier-Koblenz-Mainz
18ABS Berlin-Dresden (2. Construction level)
19ABS (Venlo-) border D/NL-Kaldenkirchen-Viersen/Rheydt-Rheydt-Odenkirchen 4)
20ABS Düsseldorf-Duisburg
21ABS München-Mühldorf-Freilassing (2. Construction level)
22ABS Münster-Lünen (-Dortmund)
23ABS Neu-Ulm-Augsburg
24 ABS Berlin-Görlitz
25ABS Hamburg-Elmshorn (1. Construction level)
26ABS Stuttgart-Singen-boundary D/CH
27ABS München-Lindau-Border D/A
28Expansion of nodes (2. Level 5)
29Combined traffic/marshalling yards (2. Level) 6)
30SPNV 7)
31International projects in accordance with Part 3 after the prerequisites are met
2. Other need
lfd. No. Projects
1ABS Hamburg-Elmshorn (2. Construction level)
2ABS Oldenburg-Leer
3ABS Lübeck-Schwerin
4 ABS Hagen-Brilon Wald-Warburg
5ABS Paderborn-Halle
6ABS Hagen-Giessen (2. Construction level)
7ABS wages-Braunschweig-Wolfsburg (2. Construction level)
8ABS Graben-Neudorf/Heidelberg-Karlsruhe
9ABS Paderborn-Bebra-Erfurt-Weimar-Jena-Glauchau-Chemnitz (2. Construction level)
10Expansion of nodes (3). Level)
11Combined traffic/marshalling yards (3. Level)
12International projects in accordance with Part 3 after the prerequisites
3. International Projects
The routes mentioned below 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, further requirements must also be met with the usual criteria.
lfd. No. project
1ABS Hamburg-Öresund region
2ABS Berlin-Angermünde border D/PL (-Stettin (Szczecin))
3ABS Berlin-Pasewalk-Stralsund (-Skandinavien) (2. Construction level) 8)
4ABS Berlin-Rostock (-Scandinavia) (2. Construction level) 8)
5ABS München-Rosenheim-Kiefersfelden-boundary D/A
6ABS Nürnberg-Passau-Border D/A 9)
7ABS Ulm-Friedrichshafen-Lindau-boundary D/A (2. Building level) 9)
8ABS/NBS (Roermond) border D/NL-Mönchengladbach-Rheydt ("Eiserner Rhein")
9ABS border-D/NL-Emmerich -Oberhausen (2. Construction level) 9)
10ABS München-Mühldorf-Freilassing-Border D/A including the Tüßling-Burghausen branch (3. Construction level)
11ABS (Berlin) Ducherow-Swinemünde (Swinoujscie)-Ahlbeck border (Usedom)
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1)
ABS = expansion distance, NBS = new track.
2)
The state of North Rhine-Westphalia is financially involved in the expansion.
3)
Integration of the rail passenger transport in the room Mannheim only via Mannheim main station. The rail passenger transport system in the Starkenburg region is to be integrated via Darmstadt's main railway station.
4)
The state of North Rhine-Westphalia is financially involved in the Expansion.
5)
Subject to the proof of profitability.
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 the proof of economic efficiency in individual cases.
8)
1. Construction is carried out as part of inventory network investments.
9)
These projects have already signed agreements with the neighbouring country.