Regulation On Discrimination-Free Access To The Railway Infrastructure And On The Principles For The Levying Of Charges 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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.gesetze-im-internet.de/eibv_2005/BJNR156610005.html

Regulation on discrimination-free access to the railway infrastructure and the principles on the collection of fees for the use of railway infrastructure (railway infrastructure use regulation EIBV) EIBV Ausfertigung date: 03.06.2005 full quotation: "railway infrastructure regulations governing the use of 3 June 2005 (BGBl. I p. 1566), most recently by article 2 paragraph 123 of the law of December 22, 2011 (BGBl. I S. 3044) is changed" stand: last amended by article 2 para 123 G v. 22nd December 2011 3044 for details on the stand number you find in the menu see remarks footnote (+++ text detection from) : 1 8.2005 +++) the V was adopted as article 1 of the V v. 3.6.2005 I in 1566 by the Federal Ministry of transport, building and housing in agreement with the Federal Ministry of finance and economy, and work with the consent of the Federal Council. It is according to art. 4 sentence 2 of this V on the 1.8.2005 entered into force.
(+++ Official note of the standard authority on EC law: implementation of EGRL 12/2001 (CELEX Nr: 301 L 0012) EGRL 13/2001 (CELEX Nr: 301 L 0013) EGRL 14/2001 (CELEX number: 301 L 0014) EGEntsch 844 / 2002 (CELEX Nr: 302D0844) +++)
This regulation serves the implementation of Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 amending Directive 91/440/EEC on the development of railways in the Community (OJ EC No. L 75, p. 1), Directive 2001/13/EC of the European Parliament and of the Council of 26 February 2001 amending Directive 95/18/EC on the licensing of railway undertakings (OJ EC No. L 75, p. 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 safety certification (OJ EC No. L 75, p. 29) and Commission decision 2002/844/EC of 23 October 2002 amending Directive 2001/14/EC as regards the date for changing the working timetable in rail transport (OJ EC No. L 289, p. 30).

Article 1 scope this Regulation shall apply for the access to the railway infrastructure of public railway infrastructure company.

Article 2 definitions for the purposes of this regulation the expression of 1 "Zugtrasse" may refer to those of the rail capacity of an operator of railways, is needed, so a train at a certain time between two locations; run
2. "Rail capacity" the possibility for a part of the Schienenweges for a train time schedule;
3. "Assignment" the allocation of train paths through an operator of railways;
4. "Coordination" the procedure, whereby the operators of the railways and the beneficiaries of the access attempt, to find solutions for applications to be compatible with each other on allocation of train paths;
5. "overloaded rail" a rail section, on the demand for train paths not can be met even after coordination of the various applications for allocation of train paths of during certain periods of time in reasonable amounts;
6 "plan to increase the rail capacity" associated with an implementation timetable, a measure or series of measures to resolve capacity bottlenecks that lead to the classification of a railway section as "overloaded";
7 "Network" or "Network" the entirety of the railways of an operator of railways;
8 "Timetable" the data defining all planned train movements and movements of vehicles, the concerned railway network during the validity period of the working timetable carried on;
9 "Framework contract" an agreement on the rights and obligations of an applicant and of the operator of railways in the assigned train routes and the fees to be collected on a longer period of time than a network timetable period.

§ 3 services, passenger information (1) rail infrastructure companies are obliged to grant the use of the facilities operated by them without discrimination, as well as the related services and the services described in annex 1, no. 2, if they belong to their business operations, to provide without discrimination. Operators of the railways are also obliged to provide the railways operated by them, the related control and protection systems, and the associated equipment for the distance-based power supply to use to allocate train paths in accordance with this regulation and to provide the services described in annex 1 No. 1.
(2) railway infrastructure companies can also provide services according to annex 1 number 3.
(3) railway infrastructure companies that operate access points to rail passenger transport, trains of individual railway undertakings must not limited the existing passenger information. They are required in addition to the creation and to the display of valid common schedules with the moves of public rail transport of all railway undertakings, which have provided the necessary data available. The railway undertakings bear the railway infrastructure companies pursuant to sentences 1 and 2 costs proportionately. In case of disagreement over expenses borne, the federal railway authority decides at the request of a participating company.

§ Committed 4 rail network terms and conditions (1) which is the operator of railways to make terms and conditions (rail use conditions) in Appendix 1 to create no. 1 performance and either 1 in the Federal Gazette to publish them or 2. in the Internet to publish and the address in the Federal Gazette known for providing.
The operators of the railways has send the network terms of use entitled to access on its request for reimbursement of expenses.
(2) the rail network terms of use must contain at least the one defined in annex 2 and the information prescribed otherwise by this regulation, including the general terms and conditions for the use of the paths. The list of charges is not part of the rail network terms of use.
(3) the rail network terms of use must be kept up to date.
(4) at least six months before the expiry pursuant to § 8 para 1 2 specific time limit for the lodging of applications for the allocation of train paths for the timetable to publish No. proposed amendments or changes of network terms of use. Is the publication noted that beneficiaries a month can take position to the rail network terms and conditions or amendments, and to indicate in what way these comments can be made.
(5) the rail network terms of use are at least four months before according to § 8 ABS. 1 2 specific time limit for the lodging of applications for the allocation of train paths for the timetable to publish No.. You enter into force with the expiry of the deadline for filing of applications according to article 8, paragraph 1 2 specific no..
(6) the rail network terms of use shall apply to each applicant in the same way. They are binding; the participants These general terms and conditions, contained in them, remain unaffected.
(7) paragraphs 4 and 5 shall not apply when amendments or changes of rail network terms and conditions of non-essential importance. A recast or modification of non-essential meaning is particularly Assumable if an adverse effect on competition is not expected.

§ 5 guarantee, trade secret can (1) rail infrastructure company entitled to access, with the exception according to § 14 para 2 No. 3 and 4 of the General railway law, the position of a safety performance at an appropriate level in relation to the scope of the proposed services require the. The principles for making a security deposit are to publish in the rail network terms of use or terms of service, and in addition to be communicated by the operators of the railways of the Commission of the European communities.
(2) railway infrastructure companies are obliged to keep the trade secret of any access authorized in terms of received data.

The operator of railways at any time make an application on allocation of train paths § 6 application (1) beneficiaries may, unless otherwise provided in this regulation. Beneficiaries according to § 14 para 2 No. 2 of the General railway law must the assignment to a railway transport company named by them at the time of the submission of the request. Beneficiaries according to § 14 para 2 No. 3 and 4 of the General railway law can the assignment itself or a railway undertaking to apply for that no later than the end of the period referred to in no. 6 the operator of railways must be named in article 8, paragraph 1. Sentences 1 to 3 apply to services described accordingly in annex 1 No. 1.
(2) beneficiaries may request train paths relating to the railways of several operators of the railways, one of the operators of the railways. The application should be made with the operator of railways, whose Schienenwege are mainly used. The operators of the railways is obliged to apply for the train with the other affected operators of railways on behalf of the person with right of access. The operator of railways may demand reimbursement of its costs.
(3) the operator of railways can create shared facilities for the registration of train paths in several rail networks. Their establishment and their headquarters are to publish in accordance with § 4 para 1 sentence 1. Beneficiaries have to make their requests for allocation of train paths.

Article 7 cooperation for the allocation of train paths on several networks (1) operators of the railways in Germany are required to cooperate with operators of the railways in the other Member States of the European Union in the interests of an efficient creation of rail capacity and allocation of train paths. To arrange cross-border train in particular in the framework of the trans-European rail freight network. You are required to participate in the creation of the necessary procedures. You have to ensure that the Commission of the European communities on the implementation of the process is informed and invited as an observer.
(2) the operator of railways in the country participating in the cooperation referred to in paragraph 1 are obliged to inform their participation, the functioning of cooperation and all the criteria essential for the evaluation and allocation of train paths the access authorised on their request. You can use a common place to do so.
(3) within the framework of the cooperation referred to in paragraph 1, operators of the railways set necessary capacity reserves for applications according to § 14.
(4) paragraph 1 sentence 1, as well as paragraphs 2 and 3 shall apply for the co-operation of the operator of railways in Germany. You can create the necessary common facilities.

§ 8 assignment procedure (1) the timetable is created once in a calendar year. Operators of the railways are obliged to comply with the following procedure for the determination and allocation of train paths in the framework of the working timetable: 1 preliminary cross-border train are no later than eleven months prior to the timetable in cooperation with other concerned, through the cooperation after § 7 set points before taking the assignment. These paths are to publish on the Internet and to make known the address in the Federal Gazette.
2. the operator of railways have in the framework of cooperation pursuant to § 7 para 4 immediately to set a common deadline, within which to access legitimate requests for allocation of train paths; the deadline is according to § 4 para 1 sentence 1 to publish; She must be less than one month not and begins with the publication; who want to take rail transport services without having to obtain even train can be position within this period to impact the future timetable on his way to the use of rail transport services.
3. incompatibilities between different applications, arise is the procedure according to § 9 perform.
4. the operator of railways have a provisional timetable design to create no later than four months after the deadline for the submission of applications.
5. the operator of railways are obliged to give opportunity to the written opinion on the preliminary draft of the network schedule all access authorised, have registered petitions within the time limit laid down in point 2, for at least a month. Beginning and end of the period are to publish in accordance with § 4 para 1 sentence 1.
6. the operator of railways are obliged to take the appropriate measures to take account of legitimate complaints on the preliminary design of the network schedule within a period to be determined by them; After this period, the final draft of the network schedule is clear.
7. on the basis of the final draft of the network schedule, the operators of the railways have to submit their tenders pursuant to section 11 or to communicate the rejection.
(2) the change of working timetable takes place on the second Saturday in December at midnight. Is a network timetable or a network schedule adjustment after the winter months carried out, in particular to take account of any schedule changes in the regional passenger transport, so is switching on the second Saturday in June at midnight and if necessary at other times. Operators of the railways may agree on different dates; in this case they shall inform the regulatory authority and, as far as international transport could be concerned about the regulatory authority in addition to the Commission of the European communities.
(3) the operator of railways can in its rail network terms of use form the opinions fourth half set and no. 5 set no. 2 referred to in paragraph 1 and sent to him on the electronic way limit. The comments are provided which is not contradicted in the opinion to provide all railway undertakings. This can be done by setting in the Internet. In this case, the address in the Federal Gazette is known to do.

§ 9 network timetable creation, coordination and decision-making procedures for railways (1) the operator of railways have, as far as possible, to grant all requests for allocation of train paths. An operator of railways not objectively justified reason shall vote differently on applications for allocation of train paths.
(2) the provision of rail capacity for maintenance purposes is taken into account within the framework of the network timetable creation. Operators of the railways are obliged to operate no more than necessary will compromise the interests of those entitled to access the maintenance of the railways.
(3) requests for simultaneous, lie in establishing network timetable not to incompatible assignments, has the operator of railways through negotiations with the legitimate access to consensual solutions to work towards. He can offer train, which differ from the requested train. The principles of this coordination are set in the rail network terms of use.
(4) an agreement not be reached, the operator of railways subject to the rights of access authorized, arising from article 13, and subject to the provisions of article 19 in accordance with the following order to decide: 1. synchronised or embedded in the network traffic, 2. cross-border train, 3rd train paths for freight traffic.
Deviations from this order are possible reasons in particular ensure the safe operation of trains. When deciding, the operator of railways has adequately to take into account the impact on other operators of the railways.
(5) in deciding between peer run pursuant to paragraph 4, the operators of the railways has to face charges for the contested train and 1 case of a conflict between two paths of Zugtrasse to give preference to, where is the highest rule charge to achieve, 2. when there is a conflict between more than two paths is the to prioritize, to achieve the highest rule fee in the sum of the train.
No. 2 is between vertaktetem rail transport and other transport under paragraph 4 to decide the operator of railways can prioritize notwithstanding the the vertakteten rail transport of sentence 1.
(6) a decision on the basis of paragraphs 4 and 5 is not possible, are prompting the access authorised by the operator of railways, within five working days to offer a fee, which is above the fee that would be payable on the basis of network terms of use. The offers shall be forwarded to the operator of railways exclusively through the regulatory authority informs the other bidders after the period pursuant to sentence 1 of the offers and the amount. The operators of the railways has compared to the access authorised, which is willing to pay the highest fee according to section 11, paragraph 1 to make the offer. Entgeltnachlässe are not allowed in these cases.
(7) synchronised traffic is a rail transport performance, generally at least four times and not more than basically performed along the same route on the same day at a normal distance to the same minute. Deviations can be justified by the characteristics of each mode of transport, in particular freight transport.

Article 10 coordination and decision-making procedures for facilities (1) rail infrastructure companies have to prepare for access to service facilities and the provision of associated, as well as the services terms and conditions referred to in Appendix 1 No. 2. The list of charges is not part of the terms and conditions. Article 4, paragraph 1, 3 and 6 shall apply mutatis mutandis. In the terms and conditions no. 2 to 6 of the General railway law are the charging principles set out, in particular 1 details of the scheme, 2. information about the services associated with the access and 3 for service facilities § 2 para 3 c according to.
Rules on the performance-related remuneration schemes and the penalties for which the contractors operating problems.
Pursuant to sentence 4 § 4 par. 1 and par. 3 to 7 applies to terms and conditions accordingly.
(2) beneficiaries can make set 1 in corresponding application of § 6 para 1 requests for access in railway infrastructure company service facilities and provision of services within the meaning of paragraph 1.
(3) the railway infrastructure companies have, as far as possible, to grant all requests for access to the facilities and provision of services within the meaning of paragraph 1 sentence 1. These amendments, a railway infrastructure company objectively justified reason may decide differently.
(4) if the services within the meaning of paragraph 1 sentence 1 not by the operators of the railways of the mostly used Schienenweges are offered, this must be striving to convey the performance of these services. In this case, the operator of railways by the party entitled to access may require to replace its costs, even if a contract is not concluded.
(5) on simultaneous, requests not to incompatible uses, has the railway infrastructure companies to work towards negotiations with the legitimate access on an amicable solution. The duration of the negotiations should not exceed 14 days.
(6) an agreement is reached, the rail infrastructure company to give priority to applications that are a necessary consequence of the Zugtrasse agreed with the rail operator has 1;
2. can the rail infrastructure company requests of the rail transport undertaking or of the holder of railway vehicles for access to the in § 2 para 3 c institutions referred to in no. 7 of the General railway law and provision of the relevant services priority grant, whose property these facilities are provided taking into account other applications for reasons of operation of the railway company or the holder of railway vehicles is not possible or cannot reasonably be.
(7) § 11 para 1 sentence 1 to 4 shall apply accordingly for offers of the railway infrastructure company for the conclusion of an agreement pursuant to § 14 para 6 of the General railway law or the rejection of applications.

§ To inform 11 rights to train (1) after expiry period referred to in section 8, paragraph 1, sentence 2 No. 6 having the operator of railways immediately according to § 14 para 6 of the General railway law to make an offer for the conclusion of an agreement or the rejection of the application and to establish this. The declaration takes place against those entitled to access or designated the railway undertakings by this. Beneficiaries within the meaning of § 14 paragraph 2 requested the assignment itself no. 3 or 4 of the General railway law, offering to enter into an agreement pursuant to § 14 para 6 of the General railway law is, as far as derogation from sentence 2, as far as serving provisions operating safety should be agreed to make one of them after § 6 para 1 sentence 3 named railway undertakings. The offer can be accepted only within five working days. Train paths may not be transferred to third parties. The use of train paths by a railway company, which performs the operations of the Federation or a competent according to the Regionalisierungsgesetz here, is not considered a transfer.
(2) the right to take a Zugtrasse claim, can legitimate access at the latest will be awarded at the end of a period of network schedule.
(3) a railway company may require to meet its obligations under a contract of carriage that instead its a different railway companies (third parties) in the rights and obligations arising from the agreement of the General railway law occurs according to § 14 para 6. The operator of railways may oppose the entry of the third-party company if it does not meet the legal requirements, in particular safety requirements. A third party in the contract occurs, so's and the railway undertaking shall be liable the operator of railways as jointly and severally liable for the claims under the agreement according to § 14 para 6 of the General railway law and the expenses caused by the entry of the third.
(4) in the case of paragraph 1, sentence 3 is the agreement with the access authorized only effective if the one has been reached between the operators of the railways and the railway undertakings. Train rights may not be exercised until such an agreement exists.

§ 12 special termination right is the right of an agreement according to § 14 para 6 of the General railway law within one month after the start of a network timetable period or beginning of use wholly or partly for reasons agreed the not perceived, which the beneficiaries responsible, the rail infrastructure company may terminate the agreement with immediate effect in that regard. Is the termination have not done, and a third access person submits an application for the use of this rail infrastructure facility, is to make the offer to the third party under the suspensive condition of the termination. Pursuant to sentence 2, the third party has accepted the offer, the rail infrastructure company must advertise to the extent the agreement referred to in sentence 1. The beneficiaries, which was terminated pursuant to sentence 3, remains committed to the damages resulting from the termination of the agreement; He has to pay the lost fee for the use of infrastructure in particular the railway infrastructure companies.

§ 13 framework contracts (1) an operator of railways and a legitimate access can a master agreement covering the use of rail capacity in the relevant net close, which has a maturity of more than one network timetable period. Can in a framework agreement in the event that network timetable creation applications for simultaneous, not to settling use exist, lays down in particular, to what extent has the operator of railways within a range to be agreed in the framework agreement to the requested Zugtrasse to offer variants. The bandwidth to be agreed in the framework agreement should be chosen so that at least three routes available under the operational conditions can be. The framework contract may govern the allocation of individual train paths. A Zugtrasse without application of the procedure of the maximum price is the party entitled to access when creating the timetable within the framework of the agreed bandwidth according to § 9 para 6 to offer.
(2) the train to be awarded on the basis of framework agreements should not exceed 75 percent of rail capacity of Schienenweges per hour. Framework contracts may not also exclude the use of the rail network by other beneficiaries.
(3) in the framework agreement, regulations concerning the change or cancellation must be provided. Penalties also may be agreed for these cases.
(4) agreements may, unless this regulation otherwise, only to be closed at the end of a framework timetable period. A framework timetable period has a duration of five years. The first framework timetable period ends with the change of the timetable in the year 2010.
(5) framework contracts should generally have a term of five years. Sentence 1 shall not apply no. 3 and 4 of the General railway law for framework contracts with authorized access according to § 14 para 2.
(6) under the protection of business confidentiality, the operators of the railways is obliged on demand to disclose the essential characteristics of each framework agreement other legitimate access. This can be done also by the setting in the Internet. In this case, the address in the Federal Gazette is known to do.
(7) in a timely manner before starting a framework timetable period the operator of railways in the context have can make a common period set within its authorized access requests on an offer to conclude of a framework contract of cooperation pursuant to § 7 para 4. Beginning and end of the period are to publish after § 4 para 1 sentence 1.
(8) an operator of railways not objectively justified reason may decide requests for an offer to conclude of a framework agreement differently.
(9) on a simultaneous, requests not to constructive use, has to persuade the operator of railways through negotiations with the legitimate access to consensual solutions.
(10) an agreement not be reached, the operator of railways has according to the purpose of the framework contract in corresponding application of § 9 para 4 to 6 to decide and to make an offer to the party entitled to access immediately to the conclusion of a framework agreement or to communicate the rejection and to justify this. The offer can be accepted only within 14 working days.
(11) after conclusion of the contract on the basis of the coordination referred to in paragraphs 9 and 10 to 1 more frame set 1 always contracts under paragraph 5 until the end of the framework timetable period, 2 more frame set 2 at any time contracts under paragraph 5 about the end of a framework timetable period, when the agreed bandwidth and their temporal position for the following framework timetable periods is not changed.

§ 14 occasional services
(1) the operator of railways has applications for the allocation of individual train paths outside the creation of timetable within one in the rail network terms of use to publish period during the four weeks may not exceed notify the rejection of the application or to submit an offer to enter into an agreement pursuant to § 14 para 6 of the General railway law. The offer can be accepted only within five working days or a longer period to be published in the rail network terms of use.
(2) by way of derogation from paragraph 1 the operator of railways in applications for short-term allocation of individual train paths must, notify the rejection of the application or to submit no later than within five working days, an offer to enter into an agreement pursuant to § 14 para 6 of the General railway law. The operator of railways may differ only in the case of particularly complex editing from this period. Cases which require an especially elaborate arrangement, and the resulting terms are to publish in the rail network terms of use. The offer can be accepted only within one working day.
(3) information on the available rail capacity must be provided immediately all legitimate access request. This can be done by setting in the Internet. In this case, the address in the Federal Gazette is known to do. The operator of railways may demand the reimbursement of expenses for the information. This refund may be applied upon conclusion of the contract.
(4) the operator of railways have to retain the required rail capacity within the timetable to respond to expected requests under paragraphs 1 and 2. This also applies to congested railways.

§ Has 15 special troubleshooting (1) to eliminate errors of the rail operations of the operators of the railways to take all necessary measures. The operators of the railways has in coordination with the competent railway authorities to prepare a contingency plan, according to which the railway authority about dangerous events in railway operations is to teach and where the points are named, in addition to teach when dangerous events in the railway operations are.
(2) until the Elimination of the fault, the operator of railways can insofar as it is necessary that allocated train paths prohibit use without notice. Railway undertakings are obliged to provide assistance to the operators of the railways to the Elimination of the fault at his request. They may require reimbursement of the costs incurred by the operators of the railways unless they have to represent the error.

§ 16 congested railways if overloaded railways available, the operator of railways has to explain that rail section for overloaded and immediately to inform the competent railway authorities and the regulatory authority. A message has to be, that is, that their capacity in the near future will not be enough even when rail. The communication is to publish in accordance with article 4, paragraph 1.

§ Railways for overloaded declared 17 capacity analysis (1), the operator of railways shall carry out a capacity analysis, if not already implemented a plan to increase the rail capacity according to § 18.
(2) the capacity analysis is the study of bottlenecks in the rail capacity that prevent that can be granted requests for allocation of train paths in an appropriate manner. The railway, the operating procedures, use and their impact on the capacity of the rail are subject to analysis. To check, in particular measures for the diversion of trains, the temporal shift of transport services and to increase the efficiency of the Schienenweges, including short - and medium-term remedial action.
(3) the capacity analysis is complete within six months, after a railway was designated as overloaded.

Section 18 has plan to increase rail capacity (1) six months after the completion of a capacity analysis of the operators of the railways after prior involvement of users of the relevant congested railways and the country concerned a plan to increase the rail capacity to create and railway authorities, the regulatory authority, as well as the countries concerned to submit.
(2) in the plan to increase the capacity of the rail must be described: 1 the reasons for the overload, 2. to expected future traffic development, 3. the restrictions relating to the expansion of rail 4. possible measures and costs for the increase of in rail capacity, including expected changes of the route charges.
Furthermore, it is to determine whether measures to increase rail capacity should be taken on the basis of a cost-effectiveness study. This includes also a timetable for implementing the measures. The decision on the financing of measures aimed, as long as the measures are not only itself funded by the operators of the railways, railways of the Federation after the federal railway development law, not federal railways law country.
(3) the operator of railways may not raise the fees in accordance with section 21, para. 3, if he submits a plan to increase the rail capacity 1 or 2 with the catalogue of measures contained in the plan to increase the rail capacity made no progress.
(4) the operator of railways may continue to levy but these charges subject to the approval of the competent railway authorities, if 1 of the plan to increase the rail capacity for reasons that he is not responsible, can not be realized, or 2. the possible measures are economically or financially unreasonable.
The decision of the competent railway authorities was made in consultation with the regulatory authority.

Article 19 special railways there are several suitable rail, so can the operator of railways in the rail network terms and conditions identify certain railways for use by certain types of transport services and is in the allocation of train paths priority to this. Use such a restriction may exclude other transport services, not by the use of the railways, if rail capacity is available, and the vehicles concerned conform to the technical characteristics of the Schienenweges.

Article 20 funded a third party investment in the railways of an operator of railways, to determination, calculation and collection of charges for rail tracks (1) the underlying financing agreement or decision laid down these investments, be taken into account as in determining the criteria relevant for the calculation of the charges. Rules apply to all access authorized pursuant to sentence 1. You can be limited on certain services, as well as on market segments within these transport services.
(2) the operator of railways in Germany are required to cooperate with operators of the railways in the other Member States of the European Union in the design of the charges in the interest of efficient implementation of railway services. You can create the necessary, appropriate common facilities.

§ Has 21 charging principles for tracks (1) the operator of railways to make that they offer incentives to reduce errors and to increase the capacity of the rail network through performance-based components of the railway undertakings and the rail operators its fees for the mandatory services. The principles of performance-based remuneration scheme have to be considered for the entire railway network of the rail operator.
(2) the infrastructure charge may include a part of the fee, which takes into account the costs of environmental impact of train operations, where according to the magnitude of the induced impact is to differentiate. The amount of the total revenue of the operator of the rail must not be changed as a result.
(3) the infrastructure charge may include a part of the remuneration which reflects the shortage of rail capacity on a determinable by rail section in times of congestion.
(4) a transport performance compared to other transport services caused increased costs, then these costs only cover these services may be taken into account.
(5) in order to avoid disproportionate fluctuations, the charges referred to in paragraphs 2 and 4 and the fee for the mandatory services for reasonable periods of time can be averaged.
(6) the fees are, as far as nothing else results from this regulation, to calculate any access authorized in the same way. You are not under condition of the Schienenweges, to reduce the associated control and security systems, as well as the associated equipment for the distance-based drive power supply.
(7) the fees of the operators of the railways are section 8 para 1 to post No. 2 according to § 4 section 1 or send in a month the period beginning after. They apply to the entire new timetable period.

Section 22 exceptions to charging principles for railways
(1) the competent authority may approve exceptions from section 14 para 4 sentence 1 of the General railway law 1, if the costs are compensated otherwise, with the regulatory authority all operators of the railways generally exempt 2. through commonly available in consultation of the compliance with the requirements according to § 14 para 4 sentence 1 of the General railway law.
(2) in the case of future investment projects or projects which were completed after March 15, 1986, the operator of railways may set higher charges on the basis of the long-term costs of such projects or when the project could lead to an increase in the possibilities of the use of the Schienenweges or a reduction in the cost and otherwise not be carried out or would have been carried. A such charging arrangements may include the sharing of the risk associated with new investments.

Section 23 Entgeltnachlässe are (1) Entgeltnachlässe for railways to limit, as far as in paragraph 2 otherwise is not regulated on the amount of administrative costs saved indeed by the operators of the railways. In determining the amount of the discounts cost savings already taken into account in the framework of the collected remuneration, shall be disregarded.
(2) the operator of railways can introduce for rail sections specified in the individual remuneration arrangements that apply to all access-authorized and which provided time-limited discounts to promote the development of new rail traffic or time-limited discounts to encourage the use of routes with a very low degree of utilization.
(3) discounts may relate only to charges collected on a particular section of the railway.
(4) on comparable services or market segments are same Entgeltnachlässe.

§ 24 charges for facilities (1) rail infrastructure companies have to such a way that they offer incentives for reducing errors and increasing the efficiency of the service facilities through performance-based components of the railway undertakings and the rail infrastructure companies that operate facilities, their charges.
(2) a third party finances investments in facilities of a railway infrastructure company, set the underlying financing agreement or decision, how these investments are taken into account in determining the criteria relevant for the calculation of the charges. Rules apply to all access authorized pursuant to sentence 1. You can be restricted to certain services or market segments within these transport services.
(3) If a separate fee for rail access made to the facilities, they apply sections 21 to 23, according to. Railway infrastructure companies that operate facilities, may deviate from this in favor of access authorized. The deviations may be restricted to individual beneficiaries. By way of derogation from sentence 1, § 21 paragraph 7 on ports does not apply.
(4) the fees are, as far as nothing else results from this regulation, to calculate any access authorized in the same way.

Appendix 1 (to the articles 3 and 21) for services to be provided the beneficiaries of the access site of the original text: BGBl I 2005, 1574 1.
The obligations of the operator of railways include: a) the processing of applications for allocation of train paths;
(b) allowing the use of allocated train paths and the equipment for the distance-based supply of power;
(c) the operation of control required for a train movement and security systems, the coordination of train movements and the provision of information on train movement;
d) all other information that was assigned to the implementation of the traffic for the capacity, are required.
2. additional services may include: a) deployment of fuels, as well as all other services, provided in the above mentioned institutions for access services;
b) customer-specific services for the monitoring of dangerous goods transports, or assistance in running abnormal trains.
3. the perks can include: a) access to the telecommunications network;
b) provide additional information;
(c) technical inspection of rolling stock.

Annex 2 (to § 4 paragraph 2) content of the rail network terms of use site of the original text: BGBl. I 2005, 1575 the rail network terms of use according to § 4 have following information contain: 1 by rail shall be provided to make the kind of Schienenweges, which is the legitimate access to available, and conditions of access for the concerned by rail.
2. charging principles are the charging principles set out. It must be details of the scheme as well as information about the applicable fees for the services listed in annex 1. It is performing in the individual which § 21 para 2 and 3 as well as the articles 22 and 23 be applied procedures, rules, and, where appropriate, tables to perform. This section needs further information on already adopted or intended fee changes, as well as regulations on the performance-related remuneration schemes and contract penalties when included by parties representing malfunction.
3. principles and criteria for the allocation of railway capacity there are details to the General capacity characteristics of the Schienenweges, which is the legitimate access available, as well as any usage restrictions, including for maintenance purposes, capacity needs to be expected to make. There are also details of the settlement and the time-limits of the procedure of allocation of railway capacity to specify, in particular: a) the procedure for the lodging of applications for the allocation of train paths by beneficiaries when the operators of the railways;
(b) to the requirements of beneficiaries;
(c) to schedule of the application and allocation procedure;
(d) to the principles of the coordination process;
(e) for details on use restrictions on railways.
It is to specify in detail what measures were taken to ensure adequate treatment of transport services in the transport of goods, the cross-border transport services and requests subject to the procedure of occasional services.