Law On The Extension Of The Railways Of The Federation

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

Read the untranslated law here: http://www.gesetze-im-internet.de/bswag/BJNR187400993.html

Law on the extension of the railways of the Federation (federal railway development law) legally Ausfertigung date: 15.11.1993 full quotation: "federal railway development law of 15 November 1993 (BGBl. I p. 1874), most recently by article 309 of the Decree of 31 October 2006 (BGBl. I S. 2407) is changed" stand: last amended by article 309 V v. 31.10.2006 I 2407 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 25.11.1993 +++) § 1 expansion of the rail network of the Federal Government (1) that is by rail network of the railways of the Federation after the investment plan for the federal railways expanded, which is annexed to this act as an attachment.
(2) the identification of the needs in the investment plan is binding for the key planning decision according to § 18 of the General railway law.

Section 2 requirements plan, individual measures (1) the expansion takes place after stages are included in the investment plan and in accordance with the § § 8 to 11 (2) individual construction measures, which have been included, not in the investment plan remain unaffected; they are to vote on the construction measures to be taken on the basis of the investment plan.

§ 3 object of the investment plan (1) in the investment plan should in particular included are railway lines of long-distance transport, rail node and rail systems that serve the combined rail/road/water road transport, as well as direct linking long-distance routes with international airports. Measures can include the expansion to electrify existing rail routes of the railways of the Federation.
(2) the investment plan for the federal railways and the corresponding plans for other transport modes are to coordinate within the framework of the Federal transport infrastructure plan. This expansion plans of the European rail transport and combined transport are adequately taken into account concerns of environmental protection and spatial planning objectives.

§ 4 checks the Federal Ministry for transport, building and urban development verification of needs (1) at the latest after the expiry of five years if the investment plan of in the meantime occurred economic and transport development to adapt is. The customization and installation be done by law.
(2) the law for the promotion of stability and the growth of economy of 8 June 1967 (Federal Law Gazette I p. 582) shall remain unaffected.

§ 5 (1) period to achieve the expansion after the investment plan is the Federal Ministry of transport, building and urban development five-year plans on. The five-year plans form the basis for the preparation of development plans for the federal railways.
(2) to achieve the expansion after the first investment plan, the Federal Ministry for transport, building and urban development provides a three-year plan. At the latest after a period of three years after entry into force of the railway realignment law of 27 December 1993 (Federal Law Gazette I p. 2378) the Federal Ministry of transport, building and urban development presents a new investment plan.

§ 6 unforeseen needs as far as a unforeseen traffic demand in particular due to a change in the traffic structure it requires the expansion plans in individual cases can contain measures that correspond to the investment plan does not.

§ Reports 7 reporting obligation the Federal Ministry for transport, building and urban development the German Bundestag annually on the progress of the expansion of the rail network according to the State by December 31 of the previous year.

§ 8 financed investments (1) of the Federal investment in the railways of the railways of the Federation. The investments include construction, expansion and replacement investment in the railways of the railways of the Federation in accordance with this Act in the limits of available budgetary resources. The expansion state of the railways of the railways of the Federation in the States of Berlin, Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia will be aligned with the expansion state of the railways of the railways of the Federation in the other countries.
(2) by means of the twenty per cent for investment in rail of the federal railways, which serve the local passenger services to use are. The Deutsche Bahn Aktiengesellschaft matches this measure with the respective Federal State.
(3) the financing pursuant to section 11 of the municipality transport financing act as amended by the notice of January 28, 1988 (BGBl. I p. 100), most recently by article 6 paragraph 107 of the law of 27 December 1993 (BGBl. I p. 2378) has been changed, as well as a promotion of investment in the railways by railways of the Federation by other authorities or third parties remain unaffected.
(4) the railways of the Federation pay the maintenance and repair of railways.
(5) railways in the meaning of this Act are the railways railways including the systems required for the operation of the railways, whose building or change in principle subject to a zoning according to § 18 of the General railway law of 27 December 1993 (Federal Law Gazette I p. 2378, 2396) can be (operating systems of the railway).
(6) paragraphs 1 to 4 shall apply mutatis mutandis for fixed operating control systems, which increase the capacity of the railways and replacing other more expensive investments in them or avoid.

§ 9 require an agreement between the railways of the Federation, whose Schienenwege to be built or expanded, and those authorities or third parties which wholly or partially finance the construction or expansion of financing and construction the construction measures recorded in the investment plan and its financing. The agreement is, at the request of one of the parties with the assistance of an accountant or an accounting firm to review whether and to what extent the corporate interest of the railways of the Federation of the investment has changed after seven years at the earliest. The costs borne by the applicant. Have the relationships that have been decisive for the content of the agreement, so much changed since the conclusion of the contract, that clinging to the originally agreed regime cannot be expected to is a Contracting Party, that party may require an adjustment of the agreement to the changed conditions.

§ 9a return of investment resources of the Federal Government (1) as far as the railways of the Confederation by the Federal Government shut down financed railways within the meaning of article 8, par. 5, misuse, non-operational reserve or the granted federal funds from the receiver, pro rata in the proportion of actual use time to technically possible and more common time of use of, to pay back to the Federal Government are transferred to other railway infrastructure managers. Technically possible and usual usage time is set in the agreement pursuant to § 9 sentence 1 between the railways of the Federation and the Federal Government.
(2) that paragraph 1 sentence 1 repayment obligation after in the case of transfer of the railways accounted for an another infrastructure operator, if 1 the acquiring infrastructure operator takes over the operation, construction and maintenance of the railways, and 2. it ensures that the railways conferred upon it in the long term, but at least operate until the end of the possible and usual usage time of facilities funded by the Federal Government as a public railway infrastructure in the sense of § 3 para 1 of the General railway law.
Of acquiring infrastructure managers is less than this period, he is obliged the Federal pro-rata refund of repayments due pursuant to paragraph 1.
(3) as far as acquiring infrastructure managers for the acquisition of the infrastructure has to pay a charge to the railways of the Federation, this charge is to the Federal up to the amount pursuant to paragraph 1 for decommissioning, misuse or federal funds to be paid back not ready for holding the infrastructure. The participating railways of the Federation and of acquiring infrastructure managers have transmitted infrastructure with interest-free loans of the Federation is financed, jointly and severally liable to ensure the repayment of the loan. In this case the fee agreed between the railways of the Federation and the receiving infrastructure is not to the Federal Government.
(4) a future promotion of an once given Schienenweges the Federal Government is excluded under this Act, so far as for the rail need not established pursuant to section 1 and the railway operated by the railways of the Federation. The application of paragraph 2 is excluded if federal funding is done by the federal railways with the aim, to transfer the tracks to other railway infrastructure operator.

§ 10 co-financing by the railways (1) has the Federal Government recorded the construction or expansion of railways of a railway of the Federation at the request and in the interests of this railway in the investment plan, making these payments to the Federal Government at least in the amount of annual depreciation on the railway, funded by the Federal Government under section 8(1). This construction project is not or only partly in the corporate interest, can be that relate only to a part of the investment sum payments to the Federal Government in the amount of the write-downs, or the Federal Government granted a construction grant equivalent amount set in the agreement to be concluded pursuant to § 9 sentence 1 also.
(2) paragraph 1 shall apply accordingly to agreements between other authorities or third parties, and the railways of the Federation.

§ 11 replacement investments (1) replacement investments are not recorded in the investment plan.
(2) the articles 9 apply for the financing and construction of the replacement investment, 9a and 10 accordingly.

Article 12 entry into force this law enters into force on the day after the announcement.

Annex (to section 1) investment plan for the Federal Railways (site: Gazette I 2004, 2322 - 2323) 1 more urgent need for a) ongoing and tightly managed projects indicated Nr.
Vorhaben
1
Maßnahmen mit einem Restvolumen < 50 Mio. Euro
2
ABS 1) Lübeck/Hagenow Land - Rostock - Stralsund
3
ABS Hamburg-Büchen-Berlin
4
ABS Stelle-Lüneburg
5
ABS Berlin-Dresden (1. Baustufe)
6
ABS Hannover-Lehrte
7
ABS Löhne - Braunschweig - Wolfsburg (1. Baustufe)
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. Baustufe)
13
ABS Karlsruhe-Stuttgart-Nürnberg-Leipzig/Dresden
14
ABS Berlin-Frankfurt/Oder-Grenze D/PL
15
ABS Köln-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 stage) 22 ABS Munich - Mühldorf - Freilassing (1st stage) 23 NBS/ABS Nuremberg – Ingolstadt – Munich 24 ABS Ulm-Friedrichshafen-Lindau (1st stage) 25 ABS/NBS Karlsruhe-Offenburg-Freiburg-Basel (1 stage) 26 combined transport/marshalling yards (level 1) 27 removing nodes (Berlin, Dresden, Erfurt, Halle/Leipzig, Magdeburg) b) new item No. No. projects 1 ABS Hamburg Lubeck 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 - hurry/ABS/NBS hurry - Seelze 8 ABS Hanover - Berlin (mainline Oebisfelde-Staaken) 9 ABS (Amsterdam-) limit D/NL - Emmerich - Oberhausen (1 stage) 2) 10 ABS Hagen casting (1st stage) 11 ABS Hoyerswerda-Horka limit D/PL 12 ABS/NBS Hanau-Würzburg / Fulda Erfurt 13 NBS Rhine/Main-Rhine / Neckar 3) 14 ABS Augsburg-Munich (2nd stage) 15 ABS/NBS Karlsruhe – Offenburg – Freiburg – Basel () 2nd construction stage) 16 ABS Nuremberg – Marktredwitz – Reichenbach/limit D/CZ (-Prague) 17 ABS Luxembourg-trier-Koblenz-Mainz 18 ABS Berlin-Dresden (2nd stage) 19 ABS (Venlo-) limit D/NL-Kaldenkirchen-Viersen/Rheydt-Rheydt odenkirchen 4) 20 ABS Düsseldorf-Duisburg 21 ABS Munich - Mühldorf - Freilassing (2nd stage) 22 ABS Münster-Lünen(-Dortmund) 23 ABS New Ulm-Augsburg 24 ABS Berlin-Görlitz 25 ABS Hamburg Elmshorn (1st stage) 26 ABS Stuttgart-Singen border D/CH 27 ABS Munich Lindau border 28 extension of nodes (stage 2) 5) 29 combined transport/marshalling yards (2nd stage) 6) 30 SPNV 7) 31
International projects in accordance with part 3 after the conditions 2. another necessary item No. No. projects 1 ABS Hamburg Elmshorn (2nd stage) 2 ABS Oldenburg empty 3 ABS Lübeck – Schwerin 4 ABS Hagen Brilon forest Warburg 5 ABS Paderborn Hall 6 ABS Hagen casting (2nd stage) 7 ABS wages - Braunschweig - Wolfsburg (2 stage) 8 ABS Graben Neudorf/Heidelberg-Karlsruhe 9 ABS Paderborn - Bebra - Erfurt - Weimar - Jena-Glauchau – Chemnitz (2nd stage) 10 removal of nodes (level 3) 11 combined transport/marshalling yards (3rd step) 12 international projects in accordance with part 3 after the conditions 3. International projects below have mentioned routes beyond the national framework meaning. An agreement with each affected neighbouring countries is necessary to develop of these routes. The usual criteria must be met in addition to take of these routes in the urgent needs or the need for further.
 
Item No. Project No. 1 ABS Hamburg Øresund region 2 ABS Berlin – Angermünde – border D/PL (-Stettin (Szczecin)) 3 ABS Berlin Pasewalk Stralsund (-Scandinavia) (2nd stage) 8) 4 ABS Berlin-Rostock (-Scandinavia) (2nd stage) 8) 5 ABS Munich Rosenheim Kiefersfelden border 6 ABS Nuremberg Passau border 9) 7 ABS Ulm - Friedrichshafen - Lindau - border (2nd stage) 9) 8 ABS/NBS (Roermond-) limit D/NL Mönchengladbach Rheydt ("Iron Rhine") limit D/NL - Emmerich - Oberhausen (2nd stage) 9 9 ABS) 10 ABS Munich Mühldorf Freilassing border including junction Tüßling - Burghausen (3rd stage) 11
ABS (Berlin-) Ducherow - Swinemünde (Swinoujscie)-Ahlbeck (Usedom) - 1 border) ABS = line, new line = NBS.
(2) the State of NRW is financially involved in the expansion.
(3) integration of long-distance passenger services in the Mannheim area exclusively via the central railway station of Mannheim. An integration of the long-distance passenger services in the region Starkenburg is to make sure about the Darmstadt main train station.
(4) the State of NRW is financially involved in the expansion.
(5) subject to proof of the economy.
(6) recording subject to a total optimization of planning for marshalling yards (2nd stage) and terminals of combined transport (2nd stage).
(7) in the framework of the transport package in accordance with § 8 paragraph 2 subject to proof of the economy in individual cases.
8) 1st stage is carried out within the framework of existing network investments.
(9) for these projects, agreements with the neighbouring country are already completed.