Regulation on non-discriminatory access to railway infrastructure and on the principles for charging for the use of railway infrastructure

Original Language Title: Verordnung über den diskriminierungsfreien Zugang zur Eisenbahninfrastruktur und über die Grundsätze zur Erhebung von Entgelt für die Benutzung der Eisenbahninfrastruktur

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Regulation on non-discriminatory access to railway infrastructure and on the principles for charging for the use of railway infrastructure (Railway Infrastructure-Use Regulation-EIBV)

Unofficial table of contents

EIBV

Date of completion: 03.06.2005

Full quote:

" Railway Infrastructure-Use Regulation of 3 June 2005 (BGBl. I p. 1566), most recently by Article 2 (123) of the Law of 22 December 2011 (BGBl. I p. 3044)

Status:

Last amended by Art. 2 Abs. 123 G v. 22.12.2011 I 3044

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1. 8.2005 + + +)

The V was adopted as Article 1 of V v. 3.6.2005 I 1566 by the Federal Ministry of Transport, Building and Housing in agreement with the Federal Ministries of Finance and Economy and Labour with the approval of the Federal Council. She's gem. Article 4, second sentence, of this V entered into force on 1 August 2005.

(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 12/2001 (CELEX Nr: 301L0012) 
 ERL 13/2001 (CELEX Nr: 301L0013) 
 EGRL 14/2001 (CELEX Nr: 301L0014) 
 EGEntsch 844/2002 (CELEX Nr: 302D0844) + + +)

This Regulation provides for the implementation of Directive 2001 /12/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 91 /440/EEC on the development of the Community's railways (OJ L 327, 31.12.2001, p. EC No 1), to Directive 2001 /13/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 95 /18/EC on the licensing of railway undertakings (OJ L 327, 31.12.2001, p. EC No 26) and Directive 2001 /14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity, the levying of charges for the use of railway infrastructure and the use of railway infrastructure and the Safety certificate (OJ L 327, EC No 29), and Commission Decision 2002/844/EC of 23 June 2002 on the October 2002 amending Directive 2001 /14/EC as regards the date of change of the rail network road map (OJ L 327, 28.12.2001, p. EC No L 289 p. 30). Unofficial table of contents

§ 1 Scope

This Regulation shall apply to access to the railway infrastructure of public railway infrastructure undertakings. Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation:

1.: "train path" means the share of the railway capacity of an operator of the railway lines which is required to allow a train to travel between two places at a given time;
2.: "railway capacity" means the possibility of planning train paths for a certain period of time for a part of the railway track;
3.: "allocation" means the allocation of train paths by an operator of the railway lines;
4.: "co-ordination" means the procedure under which the railway operator and the access authorities are trying to find solutions to applications for the allocation of train paths which are incompatible with one another;
5.: "overloaded rail" means a rail section where the demand for train paths will not be adequately met, even after coordination of the various applications for the allocation of train paths during certain periods of time may;
6.: "plan to increase railway capacity" means a measure linked to an implementation timetable, or a series of measures to address capacity bottlenecks leading to the classification of a rail track section as "overloaded";
7.: "network" or "rail network" means the totality of the rail routes of an operator of the railway lines;
8.: "network timetable" means the data for the determination of all planned movements and movements of vehicles carried out on the rail network in question during the period of validity of the network road map;
9.: "framework contract" means an agreement on the rights and obligations of an applicant and the operator of the railway lines in relation to the train paths to be allocated and the charges to be charged over a longer period of time than a network timetable period.

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§ 3 Services, passenger information

(1) Railway infrastructure undertakings shall be obliged to grant non-discriminatory access to the service facilities operated by them, and to the services connected with them and to the services referred to in Annex 1 (2), if they are to be their business operations shall be subject to non-discriminatory provision. Railway operators shall also be obliged to provide the rail routes they operate, the associated control and security systems and the associated facilities for the supply of travel by road for use, (2) Rail infrastructure undertakings may also provide services under Annex 1 (3). (3) Railway infrastructure undertakings which operate access points for rail passenger transport the passenger information in each case is not restricted to trains of individual railway undertakings. They shall also be required to draw up and establish valid joint timetables with the trains of the public rail passenger transport of all railway undertakings which have provided them with the necessary data. Railway undertakings shall bear the costs of the costs incurred by the railway infrastructure undertakings in accordance with the rates 1 and 2. In the case of non-agreement on the costs of the costs, the Federal Railway Authority shall decide at the request of a participating company. Unofficial table of contents

§ 4 Rail network-Terms of use

(1) The operator of the rail routes shall be obliged to establish conditions of use (rail network conditions of use) for the provision of the services referred to in Annex 1 (1), and either to provide such services:

1.: in the Federal Gazette, or
2.: to publish on the Internet and to make the address in the Federal Gazette known.

The operator of the railway system shall have access to the rail network user conditions at their request for reimbursement of expenses. (2) The conditions of use of the rail network shall be at least those laid down in Annex 2, and shall contain the information otherwise provided for in this Regulation and the General Terms and Conditions for the use of the train paths. The list of charges is not part of the rail network use conditions. (3) The rail network use conditions must be kept up-to-date. (4) Proposed new versions or changes in rail network conditions-Terms of use shall be published at least six months before the expiry of the time limit laid down in accordance with Article 8 (1) (2) for the position of applications for the allocation of train paths for the network timetable. The publication shall indicate that a person entitled to access to the rail network may be able to comment on the conditions of use of the rail network for one month or its changes, and shall indicate the ways in which these opinions may be delivered. (5) Rail network conditions of use shall be published at least four months before the expiry of the time limit for the submission of applications for train paths for the network timetable determined in accordance with Section 8 (1) No. 2. They shall enter into force with the expiry of the time limit for the submission of applications determined in accordance with Section 8 (1) (2). (6) The conditions of use of the rail network shall be applied in the same way to each applicant. They shall be binding on the parties concerned, without prejudice to the General Terms and Conditions contained in them. (7) Paragraphs 4 and 5 shall not apply in the case of new versions or changes to the rail network-Terms of use of unimportant. A recast or amendment of insignificant importance shall be adopted, in particular, where an impairment of competition is not to be expected. Unofficial table of contents

§ 5 Security performance, business secrecy

(1) Railway infrastructure undertakings may, with the exception of those referred to in Article 14 (2) (3) and (4) of the General Railways Act, be entitled to the position of a guarantee at an appropriate level in relation to the extent of the requested railway infrastructure. Require services. The principles governing the position of a guarantee shall be published in the rail network conditions or conditions of use and, in addition, by the operators of the rail routes of the Commission of the European Communities (2) Railway infrastructure undertakings shall be obliged to respect the commercial secrecy of each person entitled to access, as regards the information received. Unofficial table of contents

§ 6 Application

(1) Access beneficiaries may at any time submit a request for the allocation of train paths in the case of the operator of the railway lines, unless otherwise provided for in this Regulation. Persons entitled to access pursuant to Section 14 (2) (2) of the General Railway Act must apply for the allocation to a railway undertaking designated by them at the time the application is submitted. Persons entitled to access pursuant to Section 14 (2) (3) and (4) of the General Railway Act may apply for the assignment to themselves or to a railway undertaking which, at the latest on the expiry of the period referred to in § 8 (1) (6), shall be entitled to the operator of the Rail routes must be named. The rates 1 to 3 shall apply in accordance with the services described in Annex 1 (1). (2) Access beneficiaries may be provided with train paths which affect the rail routes of several railway operators, in the case of one of these railway operators apply. The application is to be made by the operator of the rail tracks, whose rail routes are mainly used. The operator of the railway lines is obliged to apply for the train paths in the case of the other operators in the rail routes concerned on behalf of the person entitled to access. The operator of the railway system can claim reimbursement of its costs. (3) The operators of the rail routes can create joint facilities for the registration of train paths in several rail networks. Their establishment and their registered office shall be published in accordance with Section 4 (1) sentence 1. Persons entitled to access have their applications for the allocation of train paths there. Unofficial table of contents

Section 7 Cooperation on the allocation of train paths in several networks

(1) The operators of the rail infrastructure in the country are obliged, in the interests of efficient creation of railway infrastructure capacity and the allocation of train paths with railway operators in the other Member States of the European Union work together. In particular, they are to agree on cross-border train paths within the framework of the Trans-European Rail Network. They are obliged to participate in the preparation of the procedures necessary for this purpose. They shall ensure that the Commission of the European Communities is informed of the implementation of the procedure and is invited as an observer. (2) The operators of the rail routes involved in the cooperation referred to in paragraph 1 of this Article shall be invited to Inland, they are obliged to communicate their participation, the functioning of the cooperation and all the criteria which are essential for the evaluation and allocation of train paths, to the persons entitled to access, at their request. (3) In the framework of the cooperation referred to in paragraph 1, the operators of the railway infrastructure shall determine the capacity reserves necessary for applications pursuant to § 14. (4) (1), first sentence, and paragraphs 2 and 3 shall apply to: the cooperation of the operators of the rail routes within the country accordingly. They will be able to create the necessary common facilities. Unofficial table of contents

§ 8 assignment procedures

(1) The network timetable shall be drawn up once in the calendar year. Railway operators are required to comply with the following procedures for the determination and allocation of train paths within the framework of the network road map:

1.: Provisional cross-border train paths shall be determined not later than 11 months before the entry into force of the network timetable, in cooperation with the other parties concerned, in the form of cooperation in accordance with § 7. These train paths are to be published on the Internet and the address in the Federal Gazette is to be published.
2.: In the framework of the cooperation pursuant to § 7 (4), the operators of the rail routes must immediately set a common time limit within which access-authorized requests for the allocation of train paths can be made; the deadline is in accordance with § 4 (1) (1) of the German law. Sentence 1 to be published; it shall not be less than one month and shall begin to publish; anyone wishing to use rail transport services without applying for a train route may, within that period, be entitled to any impact the future network road map to the possibility of using Take a position on rail transport services.
3.: If incompatibilities arise between different applications, the procedure according to § 9 shall be carried out.
4.: The rail operators shall draw up a preliminary draft network timetable no later than four months after the end of the deadline for the submission of applications.
5.: Railway operators shall be obliged to submit, for at least one month, to all persons entitled to access who have submitted applications within the time limit laid down in point 2 for a written opinion on the provisional application. A draft network plan shall be submitted; the beginning and the end of the period shall be published in accordance with Section 4 (1) sentence 1.
6.: Railway operators shall be obliged to take appropriate measures, within a period to be determined by them, in order to take account of justified complaints in respect of the draft network plan; after this period has expired, the Final network plan design.
7.: On the basis of the final draft network plan, the operators of the rail routes shall submit their tenders in accordance with § 11, or shall notify the refusal.

(2) The change of the network timetable will take place on the second Saturday in December at midnight. If a change in the network timetable or a network plan adjustment is carried out after the winter months, in particular in order to take account of possible changes in the timetable for regional passenger transport, the changeover will take place on the second Saturday in June at midnight. and, if necessary, on other dates. Railway operators may agree on different dates, in which case they shall inform the regulatory authority and, in so far as international traffic might be concerned, the Commission, in addition to the regulatory authority. (3) The operator of the railway system may, in its network conditions, determine the form of the opinions referred to in paragraph 1 (2), fourth half-sentence and No 5, and transfer it to the electronic system Restrict the route. The opinions shall be made available to all railway undertakings, unless the opinion is contradicted in the opinion. This can also be done by setting it to the Internet. In this case, the address in the Federal Gazette is to be published. Unofficial table of contents

§ 9 Network plan preparation, coordination and decision-making procedures for rail routes

(1) The operators of the rail routes shall, as far as possible, accept all requests for the allocation of train paths. In the case of applications for the allocation of train paths, an operator of the railway system must not decide differently without objectively justified reasons. (2) The maintenance of railway capacity for maintenance purposes is within the scope of the Network plan creation to be considered. Railway operators are obliged to maintain the maintenance of the rail routes in such a way that the interests of the persons entitled to access are no longer impaired as necessary. (3) In the case of network planning applications, applications should be made available on the railway lines. , the operator of the rail routes shall work towards mutually agreed solutions through negotiations with the persons entitled to access. It may offer train paths which deviate from the train paths applied for. The principles of this coordination procedure must be laid down in the rail network conditions of use. (4) If agreement is not reached, the operator of the rail routes shall be subject to the rights of the persons entitled to access, which shall be referred to in § 13 , and subject to the provisions of section 19, in accordance with the following order:

1.: Traffic which has been clocked or bound into the network,
2.: cross-border train paths,
3.: Train paths for freight transport.

Deviations from this sequence are possible, in particular, for reasons of safe passage of train journeys. In its decision, the rail operator must take due account of the impact on other operators of the rail routes. (5) The rail operator's decision to move on the same level as referred to in paragraph 4 has been taken by the operator of the rail infrastructure. to oppose the charges for the train paths in dispute; and

1.: to give priority in the event of a conflict between two train paths of the train path in which the highest standard rate is to be achieved,
2.: to give priority to train paths in the event of a conflict between more than two train paths, in which the maximum level of regulation is to be achieved in the sum of the sum of the train paths.

In the event of a decision to be taken between local rail passenger transport and other traffic referred to in paragraph 4 (2), the operator of the rail routes may, by way of derogation from the first sentence, give priority to the operation of the local rail passenger transport system. (6) Is a Decisions taken on the basis of paragraphs 4 and 5 shall not be possible, shall require the operators of the railway infrastructure to offer, within five working days, a charge higher than the remuneration laid down on the basis of the Rail network use conditions would be payable. Tenders shall be forwarded to the operator of the railway lines exclusively through the regulatory authority which shall inform the other tenderers after the expiry of the period provided for in the first sentence of the first sentence on tenders and their level of tenders. The operator of the railway lines has to make the offer according to § 11 para. 1 with respect to the person entitled to access, who is willing to pay the highest fee. Rebates are not permitted in these cases. (7) Scheduled traffic is a rail service which is basically on the same route on the same day at least four times and at most two-hour intervals in principle at the same minute is carried out. Deviations from this may be justified by the specific characteristics of the different modes of transport, in particular freight transport. Unofficial table of contents

Section 10 Coordination and decision-making procedures for service facilities

(1) Railway infrastructure undertakings shall draw up conditions of use for access to service facilities and the provision of the services referred to in Annex 1 (2). The list of charges is not part of the terms of use. § 4 (1), (3) and (6) shall apply accordingly. In accordance with § 2 (3c) No. 2 (3) (2) to 6 of the General Railways Act (General Railways Act), the principles of remuneration shall be set out in the Terms of Use,

1.: details of the charging scheme,
2.: information on the services connected with the access, and
3.: Rules governing the performance of the remuneration arrangements and the penalties to be imposed on operational disruptions to be carried out by the contracting parties.

§ 4 (1) and (3) to (7) shall apply to the terms of use pursuant to sentence 4. (2) For railway infrastructure companies, access rights may apply to access to the service facilities and to the provision of services within the meaning of paragraph 1. (3) The railway infrastructure undertakings shall, as far as possible, have access to all applications for access to the service facilities and to the provision of services within the meaning of the first sentence of paragraph 1 shall be granted. A railway infrastructure company may not decide on these applications in different ways without objectively justified reasons. (4) If the services referred to in the first sentence of paragraph 1 are not provided by the operator of the rail infrastructure of the predominately used In the case of the provision of such services, the Commission must endeavour to ensure that the services are provided. In this case, the operator of the rail routes may require the person entitled to access to replace his/her costs, even if a contract is not concluded. (5) If applications are submitted for the same uses which are not compatible with each other, the To work towards a friendly solution through negotiations with the beneficiaries of rail infrastructure. The duration of the negotiations should not exceed 14 days. (6) An agreement shall not be reached.

1.: , the railway infrastructure undertaking shall give priority to applications which are the necessary consequence of the train path agreed with an operator of the railway infrastructure;
2.: the railway infrastructure undertaking may request access to the facilities referred to in Article 2 (3c) (7) of the General Railways Act and to the provision of the railway undertaking or the holder of railway vehicles give priority to the services of which those facilities are owned, provided that the consideration of other applications is not possible on the grounds of the operation of the railway undertaking or of the holding of railway vehicles; or is not reasonable.

(7) For offers of the railway infrastructure company for the conclusion of an agreement pursuant to § 14 para. 6 of the General Railway Act or the rejection of applications, § 11 para. 1 sentence 1 to 4 applies accordingly. Unofficial table of contents

§ 11 Rights to train paths

(1) After the expiry of the period laid down in § 8 (1) sentence 2 no. 6, the operator of the rail routes shall immediately submit an offer to conclude an agreement pursuant to § 14 para. 6 of the General Railway Act or to notify the rejection of the application and to justify it. The declaration shall be made to the persons entitled to access or to the railway undertakings designated by them. If, in accordance with Section 14 (2) (3) or (4) of the General Railway Act, persons entitled to access have applied for the assignment, the offer to conclude an agreement pursuant to Section 14 (6) of the General Railway Act is, in this respect, the offer to conclude an agreement. Railway law, in so far as the provisions used for operational safety are to be agreed, to make a railway undertaking designated by them in accordance with Article 6 (1), third sentence. The offer can only be accepted within five working days. Train paths may not be transferred to third parties. The use of train paths by a railway undertaking carrying out the business of the federal government or a body responsible under the regionalisation law shall not be deemed to be a transfer. (2) The right to claim a train route shall be subject to the following conditions: (3) A railway undertaking may, in order to fulfil its obligations under a transport contract, require that, instead of its own, another Railway undertakings (third parties) in the rights and obligations of enter into the agreement under Section 14 (6) of the General Railway Act. The operator of the rail routes can object to the entry of the third party if it does not meet the legal requirements, in particular safety requirements. If a third party enters into the contract, it and the railway undertaking shall be liable to the operator of the railway infrastructure as a total debtor for the claims arising from the agreement pursuant to Article 14 (6) of the General Railway Act and the provisions of (4) In the case referred to in the third sentence of paragraph 1, the agreement with the person entitled to access shall not be effective until the agreement between the operator of the railway infrastructure and the railway undertaking is established. is coming. Rights to train paths may not be exercised unless such an agreement exists. Unofficial table of contents

§ 12 Special termination right

If the right arising from an agreement pursuant to Section 14 (6) of the General Railway Act is not exercised, in whole or in part, within one month after the beginning of a network timetable period or the agreed start of use, for reasons which the The railway infrastructure company may terminate the agreement with immediate effect to the extent that it is responsible for the presence of the right of access. If the notice of termination has not yet been made, and a third person entitled to access a request for the use of this railway infrastructure facility, the offer is to be made to the third party under the suspensive condition of the termination. If the third party has accepted the offer referred to in the second sentence, the railway infrastructure undertaking shall terminate the agreement referred to in the first sentence in that respect. The person entitled to access, who has been terminated in accordance with the third sentence, shall be obliged to compensate for the damage resulting from the termination of the contract; in particular, he shall pay the railway infrastructure company the lost charge for the use of the Infrastructure to pay. Unofficial table of contents

Section 13 Framework contracts

(1) An operator of the railway infrastructure and an access authority may conclude a framework contract for the use of railway capacity in the relevant network, which has a duration of more than one network timetable period. In a framework contract, in the event of requests for simultaneous use which are not compatible with one another during the establishment of a network plan, the extent to which the operator of the rail routes within the framework of an agreement can be established may be determined in accordance with the provisions of the following: the framework agreement to offer variants to the requested train route. The range to be agreed in the framework contract is to be chosen so that at least three routes can be available under the operating conditions. The framework contract must not govern the allocation of individual train paths. In the course of the establishment of the network timetable, the person entitled to access must be offered a train path within the framework of the respective agreed bandwidth without carrying out the maximum price procedure in accordance with Article 9 (6). (2) The following shall be provided on the basis of framework contracts shall not exceed 75 per cent of the railway capacity of a rail track per hour. Framework agreements may also not exclude the use of the relevant rail network by other persons entitled to access. (3) The framework agreement provides for the provision of rules on the modification or termination of such a network. Contractual penalties may also be agreed for these cases. (4) Framework contracts may only be concluded until the end of a framework period, provided that this Regulation does not otherwise determine the provisions of this Regulation. A framework timetable period has a duration of five years. The first framework programme period ends with the change of the network timetable in 2010. (5) Framework contracts should in principle have a duration of five years. Sentence 1 shall not apply to framework contracts with persons entitled to access pursuant to Section 14 (2) (3) and (4) of the General Railways Act. (6) The operator of the railway system shall be obliged to observe the commercial secrecy, the essential characteristics of each of the following: To disclose the framework contract to other persons entitled to access on request. This can also be done by adjusting to the Internet. In this case, the address is to be published in the Federal Gazette (Bundesanzeiger). (7) Before the start of a framework timetable period, the operators of the railway lines have to set a common period within the framework of the cooperation according to § 7 (4), within whose access-entitled applications may make applications for a tender to conclude a framework contract. The beginning and end of the period must be published in accordance with § 4 (1) sentence 1. (8) An operator of the railroad routes may not be subject to any differences in objectively justified reasons concerning applications for the submission of a tender for the conclusion of a framework contract. (9) If applications are submitted for a simultaneous use which is not compatible with one another, the operator of the rail routes will have to work towards friendly solutions through negotiations with the persons entitled to access. (10) Agreement is not reached , the operator of the railway lines shall be responsible for the purpose of the In accordance with § 9 (4) to (6), the framework agreement shall be decided upon and the person entitled to access to the contract shall immediately make an offer to conclude a framework contract or to communicate the rejection and to justify it. The offer can only be accepted within 14 working days. (11) After conclusion of the contract on the basis of the coordination referred to in paragraphs 9 and 10, the

1.: Further framework contracts referred to in the first sentence of paragraph 5 shall be concluded at any time by the end of the framework timetable period,
2.: further framework agreements referred to in the second sentence of paragraph 5 shall be concluded at any time beyond the end of a framework timetable period if the agreed bandwidth and its position in respect of the following framework periods are not changed.

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Section 14 occasional transport

(1) In the case of applications for the allocation of individual train paths, the operator of the railway lines shall not exceed four weeks in the course of a period to be published in the rail network conditions of use outside the drawing up of the network timetable. may make an offer to conclude an agreement pursuant to Section 14 (6) of the General Railway Act or to notify the rejection of the application. The offer can only be accepted within five working days or in a longer period of time to be published in the rail network terms of use. (2) By way of derogation from paragraph 1, the operator of the rail system has to apply for Short-term assignment of individual train paths without delay, but at the latest within five working days, to submit an offer to conclude an agreement pursuant to § 14 para. 6 of the General Railway Act or to reject the application . The operator of the rail routes can only deviate from this deadline in case of particularly time-consuming processing. The cases requiring particularly complex processing and the resulting deadlines are to be published in the rail network user conditions. The offer can only be accepted within one working day. (3) Information on the available railway capacity must be made available immediately to all persons entitled to access on request. This can also be done by setting it to the Internet. In this case, the address in the Federal Gazette is to be published. The operator of the railway system may request reimbursement of his expenses for the information. This refund may be charged at the time of the conclusion of the contract. (4) The operators of the rail routes shall have the expected required railway capacity within the network timetable in order to respond to the expected requests under paragraphs 1 and 2. to be able to react. This is also true in the case of overloaded rail tracks. Unofficial table of contents

Section 15 Special measures in the event of disturbances

(1) In order to eliminate the disruption of railway operations, the operator of the railway system shall take all necessary measures. The railway operator shall, in coordination with the competent railway authority, draw up an emergency plan, in accordance with which the railway authority shall be informed of dangerous events in the railway operation and in which the railway authority shall inform the railway authority of the railway authority. (2) Until the disturbance has been eliminated, the operator of the railway lines, where necessary, may not use the train paths assigned to it, without any risk of being taken into account. Announcing the announcement. Railway undertakings shall be obliged to provide assistance to the railway operator for the elimination of the disturbance on his application. They may require the operator of the railway system to reimburse the costs incurred, unless they have the fault to represent them. Unofficial table of contents

Section 16 Overloaded rail routes

In the case of overloaded rail routes, the operator of the rail routes shall inform the competent railway authority and the regulatory authority without delay and, therefore, to declare the rail route section in question for overloading. A communication must also be made in the case of rail routes, where it is to be seen that their capacity will not be sufficient in the near future. The notification shall be published in accordance with § 4 (1). Unofficial table of contents

§ 17 Capacity analysis

(1) Where rail routes have been declared overloaded, the railway operator shall carry out a capacity analysis unless a plan to increase railway capacity is already implemented in accordance with § 18. (2) The capacity analysis shall be used to analyse the capacity of the railway infrastructure. Investigation of bottlenecks in railway infrastructure capacity, which prevent applications for train paths from being granted in an appropriate manner. The purpose of the analysis is the rail route, the operating procedures, the use and its effects on the railway capacity. Particular consideration should be given to measures for the diversion of trains, the time-shift of transport services and the increase in the performance of the rail route, including short-and medium-term remedial measures. (3) Capacity analysis shall be completed within six months after a railway track has been designated as overloaded. Unofficial table of contents

Section 18 Plan to increase rail capacity

Within six months of the completion of a capacity analysis, the operator of the rail routes shall, with the prior participation of users of the overloaded rail routes concerned and of the country concerned, have a plan to increase the (2) In the plan to increase the capacity of the railway infrastructure, the following shall be presented:

1.: the reasons for the congestion,
2.: the expected future traffic development,
3.: the restrictions on the development of railway infrastructure,
4.: the possible measures and costs of increasing railway infrastructure capacity, including the expected changes in infrastructure charges.

It is also necessary, on the basis of an economic analysis, to determine whether measures should be taken to increase the capacity of the railways. This also includes a timetable for the implementation of the measures. The decision on the financing of measures shall be determined, provided that the measures by the operator of the railway infrastructure are not exclusively financed by themselves, in the case of railways of the federal government, in accordance with the Federal Railways Construction Act, in the case of non-federal railways according to national law. (3) The operator of the railway routes may not charge the charges in accordance with section 21 (3) if he/she

1.: will not present a plan to increase railway capacity, or
2.: No progress has been made with the catalogue of measures set out in the plan to increase the capacity of rail infrastructure.

However, subject to the agreement of the competent railway supervisory authority, the operator of the railway infrastructure may continue to collect such charges if:

1.: the plan to increase the capacity of the railways cannot be achieved for reasons which it has not to represent; or
2.: the possible measures cannot be reasonably expected to be economically or financially feasible.

The decision of the competent railway supervisory authority shall be taken in consultation with the regulatory authority. Unofficial table of contents

Section 19 Special rail routes

Where there are several suitable rail routes, the operator of the rail routes in the rail network conditions of use shall be able to designate certain rail routes for use by certain types of transport services, and shall be responsible for the use of certain types of rail transport services in the rail network. give priority to the allocation of train paths. Such a restriction of use shall not preclude other transport services from the use of the rail routes concerned, provided that capacity is available, and the vehicles in question shall be subject to the technical characteristics of the operation of the railway system. Rail travel. Unofficial table of contents

Section 20 Setting, calculation and levying of charges for rail routes

(1) A third party shall finance investments in the railway infrastructure of an operator of the railway infrastructure, and shall be determined by the agreement or decision on which the financing is based, such as those investments in the identification of the railway infrastructure. Calculation of the charges applicable to relevant criteria. The provisions of the first sentence shall apply to all persons entitled to access. They may be limited to certain transport services as well as to market segments within these transport services. (2) The operators of the rail routes within the country are obliged, in the interests of an efficient implementation of To cooperate with rail operators in the other Member States of the European Union, including in the design of charges. They may create the appropriate common facilities necessary for this purpose. Unofficial table of contents

Section 21 Principles of pay for railway lines

(1) The operator of the railway system shall have to design its fees for the compulsory services in such a way as to encourage railway undertakings and railway operators to reduce disturbances by means of performance-based components and in order to increase the performance of the rail network. The principles of the performance-based charging scheme shall apply to the entire rail network of an operator of the railway infrastructure. (2) The infrastructure charge may include a remuneration component, the cost of the environmental impact of the operation of the train. Taking into account the magnitude of the effects caused by the calculation, the calculation shall be carried out. The amount of the total solution of the railway operator's operator must not be changed by this means. (3) The infrastructure charge may include a remuneration component, which will result in the scarcity of the railway capacity on a determinable rail path section in times of time. (4) If a transport performance is higher than that of other transport services, then these costs may only be taken into account for this transport performance. (5) In order to avoid disproportionate fluctuations, the costs of transport are not to be considered. , the charges referred to in paragraphs 2 and 4 may be avoided and the remuneration for the compulsory benefits are averaged over reasonable periods of time. (6) The charges are to be calculated in the same way as against each person entitled to access, in so far as this Regulation does not give any other reason. They must be reduced in the case of a non-contractual state of the rail route, the associated control and security systems and the associated facilities for the supply of road-related services. (7) The charges for the operators of the rail routes are: to be published or to be sent one month before the date of the deadline pursuant to section 8 (1) no. 2 in accordance with Section 4 (1). They are valid for the entire new timetable period. Unofficial table of contents

Section 22 Exceptions to the remuneration principles for rail routes

(1) The competent supervisory authority may:

1.: approve exceptions to section 14 (4), first sentence, of the General Railways Act, if the costs are otherwise compensated for,
2.: by means of a general order, in consultation with the regulatory authority, all operators of the railway lines are generally exempted from complying with the requirements laid down in Article 14 (4), first sentence, of the General Railway Act.

(2) In the event of future investment projects or projects completed after 15 March 1986, the operator of the railway infrastructure may, on the basis of the long-term costs of such projects, establish or maintain higher charges, if the projects were to increase the use of the rail route or to reduce the costs and would otherwise not have been carried out or would have been carried out. Such charging may also include arrangements for the distribution of the risk associated with new investments. Unofficial table of contents

Section 23 Discharge discounts for railway lines

(1) reductions in charges shall be limited to the level of administrative costs actually saved by the operator of the railway infrastructure, unless otherwise provided for in paragraph 2. When determining the amount of the discounts, cost savings already taken into account in the context of the fee collected are to be taken into account. (2) The operators of the rail routes can be used for the rail travel sections specified in detail. -introduce rules of compensation applicable to all persons entitled to access, including time-limited discounts for the promotion of the development of new railway services or time-limited discounts for the promotion of the use of routes with a very high level of low level of utilization. (3) Discounts may be limited to Charges levied for a particular rail travel section. (4) Equal pay reductions shall be granted to comparable transport services or market segments. Unofficial table of contents

Section 24 Charges for service facilities

(1) Rail infrastructure undertakings shall have their charges in such a way as to provide incentives to railway undertakings and railway infrastructure undertakings operating service facilities by means of performance-based components. (2) Financing a third investment in the service facilities of a railway infrastructure company, the aim of which is to finance the financing of a third party in the service facilities of a railway infrastructure company. The agreement or decision shall be determined as Investment in the calculation of the relevant criteria for the calculation of charges shall be taken into account. The provisions of the first sentence shall apply to all persons entitled to access. They may be restricted to certain transport services or to market segments within these transport services. (3) If a separate fee for rail access to the service facilities is collected, § § 21 to 23 shall apply. accordingly. Railway infrastructure undertakings operating service facilities may depart from this for the benefit of the persons entitled to access. The derogations shall not be restricted to individual persons entitled to access. By way of derogation from the first sentence, Article 21 (7) shall not apply to ports. (4) The charges shall be calculated in the same way as against each of the persons entitled to access, in so far as this Regulation does not give any other reason. Unofficial table of contents

Appendix 1 (to § § 3 and 21)
Benefits to be provided to persons entitled to access

Source of the original text: BGBl. I 2005, 1574

1.

The compulsory services provided by the railway operator shall include:

a): the processing of applications for train paths;
b): the design of the use of assigned train paths and the facilities for the supply of road-related electricity;
c): the operation of the control and security systems required for a train movement, the coordination of the movements of trains and the provision of information on the movements of the train;
d): all other information necessary for the performance of the traffic for which capacity has been allocated.

2.

The additional services may include:

a): the provision of fuel and any other services provided in the above-mentioned facilities for access services;
b): Customer-specific services for the monitoring of hazardous goods transport or support in the operation of unusual trains.

3.

The additional services may include:

a): Access to the telecommunications network;
b): the provision of additional information;
c): technical inspection of the rolling stock.

Unofficial table of contents

Annex 2 (to § 4 (2))
Contents of the rail network-Terms of use

Source of the original text: BGBl. I 2005, 1575 The rail network terms and conditions of use in accordance with § 4 shall contain the following information:

1.: Track

Information shall be provided on the nature of the rail route available to the persons entitled to access, as well as on the conditions of access for the railway in question.

2.: Charges principles

The principles of pay should be set out. Details of the charging scheme and information on the charges for the services listed in Annex 1 shall be included. It is to be listed in detail which procedures, rules and, if applicable, tables are used for the implementation of § 21 (2) and (3) as well as § § 22 and 23. This section must also provide information on changes in charges already decided or provided for, as well as rules on performance-related charges and penalties in respect of operational disruptions to be represented by the contracting parties .

3.: Principles and criteria for the allocation of railway capacity

Information on the general capacity characteristics of the rail route available to the persons entitled to access, as well as any restrictions on use, including the expected capacity requirements for maintenance purposes, shall be provided. Information on the settlement and the deadlines for the allocation of railway infrastructure capacity shall also be provided, in particular:

a): on the procedure for the lodging of requests for access to train paths by beneficiaries of railway operators;
b): on the requirements for access rights;
c): on the timetable for the application and allocation procedure;
d): on the principles of the coordination procedure;
e): for details of the usage limit of rail routes.

It shall specify in detail what measures have been taken to ensure the appropriate treatment of transport services in the carriage of goods, of cross-border transport services and of applications subject to the procedure for the transport of occasional services to ensure.