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

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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)

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EIBV

date of departure: 03.06.2005

full quote:

" Railway infrastructure usage regulation of 3. June 2005 (BGBl. 1566), as last amended by Article 2 (123) of the Law of 22. December 2011 (BGBl. I p. 3044) "

:Last modified by Art. 2 para. 123 G v. 22.12.2011 I 3044

For details, see the Notes

Footnote

(+ + + text evidence from: 1) menu. 8.2005 + + +)

The V was defined as Article 1 of the V v. 3.6.2005 I 1566 issued 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 of the norm provider on EC law:
Implementation of
EGRL 12/2001 (CELEX Nr: 301L0012)
EGRL 13/2001 (CELEX Nr: 301L0013)
EGRL 14/2001 (CELEX Nr: 301L0014)
EGEntsch 844/2002 (CELEX Nr: 302D0844) + + +)

This Regulation is designed to implement Directive 2001 /12/EC of the European Parliament and of the Council of 26 November 2001 on the implementation of Directive 2001 /12/EC of the European Parliament and of the Council of the European Communities. February 2001 amending Council Directive 91 /440/EEC on the development of the Community's railways (OJ L 197, 21.7.1991, p. EC No 1), Directive 2001 /13/EC of the European Parliament and of the Council of 26 June 2001 on the European Parliament and of the Council of the European Communities February 2001, amending Council Directive 95 /18/EC on the licensing of railway undertakings (OJ L 197, 21.7.2001, p. EC No 26) and Directive 2001 /14/EC of the European Parliament and of the Council of 26 June 2001 on the European Parliament and of the Council of the European Communities 1 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (OJ L 327, 22.11.2001, p. 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). Non-official table of contents

§ 1 Scope

This Regulation shall apply to access to the railway infrastructure of public Railway infrastructure companies. Non-official table of contents

§ 2 Definitions

For the purposes of this Regulation, the term
1.
"Train path" means the share of the rail capacity of an operator of the railway lines, the is required to allow a train to travel between two places at a given time;
2.
"Rail capacity" means the possibility of a part of the rail track to plan train paths for a given period of time;
3.
"Assignment" means the allocation of train paths by an operator of the rail tracks;
4.
"Coordination" the procedure under which the railway operator and the access rights are trying to find solutions for non-interrelated applications for allocation of train paths;
5.
"overloaded rail routes" means a rail path section on which the demand for train paths, even after coordination of the various applications, on the allocation of train paths during certain periods cannot be adequately met;
6.
"Plan to increase rail capacity" means a measure or series of measures to address capacity bottlenecks leading to the classification of a rail path section as "overloaded";
7.
"Network" or "rail network" all the rail paths of an operator of the railroad tracks;
8.
"Network timetable" the data for the definition of all planned train movements and movements of the vehicles on the rail network in question during the validity of the network timetable ,
9.
"Framework Contract" means an agreement on the rights and obligations of an applicant and the operator of the rail infrastructure in relation to the the train paths to be assigned and the charges to be charged over a longer period than a network timetable period.
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§ 3 Services, passenger information

(1) Railway infrastructure companies are obliged to grant non-discriminatory access to the service facilities operated by them, as well as to the services connected with them and to the services provided for in Annex 1 No 2, if they belong to their business operations, to provide non-discriminatory services. 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, To assign train paths in accordance with this Regulation and to provide the services described in Annex 1 (1).(2) Railway infrastructure undertakings may also provide services under Annex 1 (3).(3) Rail infrastructure undertakings operating access points for rail passenger transport may not limit the passenger information in each case to trains of individual rail transport undertakings. They shall also be obliged 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 event of non-agreement on the cost of the costs, the Federal Railway Authority shall decide at the request of a participating company. Non-official table of contents

§ 4 Rail Network Terms and Conditions

(1) The operator of the rail routes is obliged to use conditions (rail network conditions of use) for the provision of the services referred to in Annex 1 (1), and either
1.
to publish in the Federal Gazette or
2.
to be published on the Internet and the address in the Federal Gazette.
The operator of the rail infrastructure has to send access rights to the rail network user conditions at their request for reimbursement of expenses.(2) The conditions of use of the rail network shall include at least the information laid down in Appendix 2 and the information otherwise provided for in this Regulation, as well as the General Terms and Conditions for the use of the train paths. The list of charges does not form part of the rail network use conditions.(3) The rail network use conditions shall be kept up-to-date.(4) Proposed new versions or changes in rail network conditions of use shall be at least six months before the expiry of the deadline for the submission of applications for the network timetable specified in accordance with section 8 (1) (2). . 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) The conditions of use of the rail network shall be published at least four months before the expiry of the time limit for the submission of applications for the network timetable determined in accordance with Article 8 (1) (2). They shall enter into force with the expiry of the time limit for the lodging 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 of Business contained in them.(7) Paragraphs 4 and 5 shall not apply in the case of new versions or changes in the conditions of use of the rail network. A recast or amendment of insignificant importance shall be adopted, in particular, where an impairment of competition is not to be expected. Non-official table of contents

§ 5 Security performance, business secrets

(1) Rail infrastructure companies may have access rights, with Exceptions to the provisions of Section 14 (2) (3) and (4) of the General Railway Act, which require the lodging of a guarantee at an appropriate level in relation to the extent of the benefits requested. 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 maintain the commercial secrecy of each person entitled to access, as regards the information received. Non-official table of contents

§ 6 Application

(1) Access beneficiaries may at any time request an assignment from the operator of the rail infrastructure of train paths, 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 benefits described in Annex 1 (1).(2) Access rights may apply to train paths which affect the rail routes of several rail operators, in the case of one of these rail operators. The application is to be made by the operator of the rail tracks, whose rail routes are mainly used. The operator of the railway system is obliged to apply for the train paths in the case of the other operators concerned of the rail routes on behalf of the person entitled to access. The operator of the rail routes may require reimbursement of his costs.(3) The operators of the rail routes may 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. Non-official table of contents

§ 7 Cooperation on the allocation of train paths on multiple networks

(1) , in order to ensure the efficient creation of railway infrastructure capacity and the allocation of train paths with railway operators in the other Member States of the European Union, is obliged to cooperate. 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 within the country involved in the cooperation referred to in paragraph 1 shall be obliged to take part in their participation, the functioning of the cooperation and all the criteria which are essential for the evaluation and allocation of train paths. To communicate to the persons entitled to access on their request. You can use a common location to do this.Within the framework of the cooperation referred to in paragraph 1, the operators of the railway infrastructure shall establish the necessary capacity reserves for applications pursuant to § 14.(4) Paragraph 1, first sentence, and paragraphs 2 and 3 shall apply mutatily to the cooperation between the operators of the rail routes within the country. They will be able to create the necessary common facilities. Non-official table of contents

§ 8 assignment procedures

(1) The network timetable is created 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.
Preliminary cross-border train paths are at the latest eleven months before the entry into force of the network roadmap in cooperation with the other concerned bodies by means 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.
The operators of the rail routes have within the scope of the to establish, without delay, a common time limit within which access rights may be submitted for the allocation of train paths; the time limit shall be published in accordance with the first sentence of Article 4 (1) of this Directive; it may be one month shall not fall below and shall begin to publish; those who wish to benefit from rail transport services without themselves applying for train paths may, within that period, be able to apply the future network road map to its Possibility to use rail transport services.
3.
Incompatibilities between different applications are subject to the procedure of § 9.
4.
The operators of the rail routes have a provisional decision no later than four months after the deadline for the submission of applications. Network plan design.
5.
The operators of the rail routes shall be obliged to provide all access rights within the time limit laid down in point 2 Applications have been submitted for at least one month to give a written opinion on the draft network plan draft; the beginning and end of the period must be published in accordance with § 4 (1) sentence 1.
6.
The operators of the rail routes are obliged to take appropriate measures within a time limit to be determined by them, in order to obtain legitimate claims on the provisional basis The draft network plan shall be taken into account after the end of this period.
7.
On the basis of the final network plan draft
(2) The change of the network timetable shall take place on the second Saturday in December at 24 o'clock
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. of the European Communities.The rail network operator may, in its rail network conditions of use, determine the form of the opinions referred to in paragraph 1 (2), fourth half-sentence and No 5, and shall limit the transmission to it to the electronic 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 is to be published in the Federal Gazette (Bundesanzeiger). Non-official table of contents

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

(1) The railway operator shall, as far as possible, accept all requests for the allocation of train paths. An operator of the rail routes may not decide differently on requests for the allocation of train paths without objectively justified reason.(2) The maintenance of railway capacity for maintenance purposes shall be taken into account in the context of the establishment of a network plan. 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 affected as necessary.(3) In connection with the establishment of a network plan, requests for simultaneous allocations which are incompatible with one another shall be used by the operator of the rail routes through negotiations with the access authorities on mutually agreed solutions. It may offer train paths which deviate from the train paths applied for. The principles of this coordination procedure shall be laid down in the rail network use conditions.(4) If an agreement is not reached, the operator of the railway lines shall decide, subject to the rights of the persons entitled to access, which result from § 13, and subject to the provisions of section 19, in accordance with the following order: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
traffic that is clocked or bound to network,
2.
Cross-border train paths,
3.
train paths for freight traffic.
Deviations from this Orders are possible, in particular, for reasons of safe passage of train journeys. In its decision, the rail operator has to take appropriate account of the impact on other rail operators.(5) In the case of the decision between the same-ranking traffic as referred to in paragraph 4, the operator of the rail routes shall be subject to the charges for the tracts in dispute and shall be style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
to give precedence to a conflict between two train paths of the train path, where the highest
2.
in the event of a conflict between more than two train paths, the priority should be given to the train paths where the sum is the highest in the sum of the train paths.
of the rail routes may, by way of derogation from the first sentence of the first subparagraph, be the subject of the clocked rail passenger transport system, and shall be subject to the decision of the Member State in which the rail passenger transport services are to be Give priority.(6) If a decision on the basis of paragraphs 4 and 5 is not possible, the operators of the rail routes shall require the persons entitled to access to offer within five working days a fee which is higher than the charge on the basis of the remuneration. of the rail network use conditions. 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 referred to 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 inadmissible in these cases.(7) The movement of traffic is a rail service which, in principle, is carried out on the same route on the same day at least four times and at most at a distance of two hours at the same minute as the same. Deviations from this may be justified by the specific characteristics of the different modes of transport, in particular freight transport. Non-official table of contents

§ 10 Coordination and decision-making procedures for service facilities

(1) Railway infrastructure companies have establish 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 the terms of use, the remuneration principles are to be stated for service facilities in accordance with § 2 (3c) No. 2 (2) to (6) of the General Railway Act, in particular
1.
Details of the charging scheme,
2.
Information about the benefits associated with the access and
3.
Regulations on performance-related charges and contractual penalties for operational disruptions to be represented by the contracting parties.
Terms and conditions of use in accordance with sentence 4 shall apply mutas to § 4 (1) and (3) to(2) In the case of railway infrastructure undertakings, persons entitled to access may submit applications for access to the service facilities and for the provision of services within the meaning of the first sentence of paragraph 1 in the appropriate application of Section 6 (1).3. The railway infrastructure undertakings shall, as far as possible, grant all requests for access to the service facilities and to the provision of services within the meaning of the first sentence of paragraph 1. A railway infrastructure company may not decide on these applications in different ways without objectively justified reasons.(4) In the event that the services referred to in the first sentence of paragraph 1 are not offered by the operator of the rail infrastructure of the predominantly used rail route, the operator shall endeavour to mediate the provision of these services. 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) In the case of applications for the same uses which are not compatible with one another, the railway infrastructure undertaking shall, through negotiations with the persons entitled to access, work towards a friendly solution. The duration of the negotiations shall not exceed 14 days.(6) If an agreement is not reached,
1.
the railway infrastructure company shall have priority over applications. , which are the necessary consequence of the train path agreed with a railway operator;
2.
the railway infrastructure company may request the following: the railway undertaking or the holder of railway vehicles shall give priority to access to the facilities referred to in Article 2 (3c) (7) of the General Railways Act and to the provision of the services in this respect, in the ownership of which these facilities shall be available, provided that the taking into account of other requests for reasons of the operation of the railway undertaking or of the holder of railway vehicles is not possible or is not reasonable.
(7) Railway infrastructure company for the conclusion of an agreement pursuant to section 14 (6) of the General Railway Act or the rejection of applications shall apply in accordance with Section 11 (1) Sentences 1 to 4. Non-official table of contents

§ 11 Rights to train paths

(1) After the expiry of the period specified in § 8 (1) sentence 2 no. 6, the operator of the rail routes immediately submit an offer to conclude an agreement pursuant to Section 14 (6) of the General Railway Act or notify the rejection of the application and give reasons for 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 Railways 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, to the extent contrary to the second sentence of sentence 2. 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 operations of the federal government or a body responsible under the regionalisation law shall not be deemed to be a transfer.(2) The right to use a train path may be granted to persons entitled to access at the latest by the end of a network timetable period.(3) A railway undertaking may, in order to fulfil its obligations under a transport contract, require that, instead of its other railway undertaking (third parties), the rights and obligations arising out of the agreement pursuant to § 14 Paragraph 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 the entry of expenses incurred by the third party.(4) In the case referred to in the third sentence of paragraph 1, the agreement with the person entitled to access shall not take effect until that agreement has been concluded between the operator of the railway infrastructure and the railway undertaking. Rights to train paths may not be exercised unless such an agreement exists. Non-official table of contents

§ 12 Special termination right

becomes the right of an agreement pursuant to § 14 para. 6 of the General Railway Act within one month of the beginning of a network timetable period or the agreed start of use, in whole or in part, for reasons which the person entitled to access has to represent, the railway infrastructure undertaking may, in so far as Terminate the Agreement with immediate effect. If the termination of the contract has not yet been made, and if a third access authority makes an application 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 in accordance with 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. Non-official table of contents

§ 13 Framework contracts

(1) An operator of the rail infrastructure and an access authority may contract a framework contract Close the use of track capacity on the network in question, which has a running time of more than one network scheduling period. In a framework contract, in the event of requests for simultaneous use which are not to be agreed upon in connection with the establishment of the network, the extent to which the operator of the rail routes within the framework contract may be submitted may be laid down in particular in the The framework agreement must 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 case of the establishment of the network timetable, the person entitled to access shall be provided with a train path within the framework of the respective agreed bandwidth without carrying out the maximum price procedure in accordance with section 9 (6).(2) The train paths to be awarded on the basis of framework contracts shall not exceed 75 per cent of the railway capacity of a railway track per hour. Framework contracts may not, moreover, exclude the use of the relevant rail network by other persons entitled to access.(3) In the framework contract, provision should be made for the modification or termination of the contract. Contractual penalties can 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 any other provisions. A framework timetable period has a duration of five years. The first framework timetable 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 Railway Act.(6) In compliance with commercial secrecy, the operator of the railway infrastructure shall be obliged to disclose the essential characteristics of each 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 period, the operators of the rail routes shall, within the framework of the cooperation referred to in Article 7 (4), have to determine a common period of time, within which access-entitled requests for the delivery of an offer to the railway operator shall be determined. The conclusion of a framework contract can be made. The beginning and end of the period shall be published in accordance with Section 4 (1) sentence 1.(8) In the case of applications for the submission of a tender for the conclusion of a framework contract, an operator of the railway system may not decide differently without objectively justified reasons.(9) In the case of applications for a simultaneous use which is not compatible with one another, the operator of the railway system shall, through negotiations with the persons entitled to access, work towards consensual solutions.(10) If an agreement is not reached, the operator of the railway lines shall decide on the purpose of the framework contract in the appropriate application of Section 9 (4) to (6) and shall immediately offer the person entitled to access to the conclusion of the contract. of 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,
1.
other framework contracts referred to in paragraph 5 sentence 1 are closed at all times until the end of the frame schedule period,
2.
further framework contracts referred to in paragraph 5 sentence 2 are closed at any time beyond the end of a framework timeframe period, if the agreed bandwidth and its temporal location for the the following framework timetable periods are not changed.
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§ 14 occasional traffic

(1) The operator of the In the case of applications for the allocation of individual train paths outside the drawing up of the network timetable, rail routes shall have an offer to be published within a period of time to be published in the rail network terms of use, which shall not exceed four weeks. To submit an agreement pursuant to § 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.By way of derogation from paragraph 1, the operator of the railway system shall, in the case of applications for short-term allocation of individual train paths, immediately, and at the latest within five working days, offer an offer to conclude an agreement pursuant to Article 14 (6) of the General railway law or to communicate the rejection of 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 available railway infrastructure capacity shall be made available to all persons entitled to access without delay on request. This can also be done by setting it to the Internet. In this case, the address is to be published in the Federal Gazette (Bundesanzeiger). The operator of the railway system may request reimbursement of his expenses for the information. This refund may be charged at the conclusion of the contract.(4) The operators of the rail routes shall have the expected required railway capacity within the network road map in order to be able to respond to any expected requests under paragraphs 1 and 2. This is also true in the case of overloaded rail tracks. Non-official table of contents

§ 15 Special measures in the event of disruptions

(1) The operator of the rail system has to be responsible for the elimination of disruptions to the railway operation. to take all necessary measures. The railway operator shall, in coordination with the competent railway authority, draw up a contingency 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. They are designated to be informed in the event of dangerous events in railway operations.(2) Until the elimination of the disturbance, the operator of the railway lines may, as far as is necessary, prohibit the use of assigned train paths without notice. 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. Non-official table of contents

§ 16 Overloaded rail routes

The operator of the rail routes has to do so without delay. inform the competent railway authority and the regulatory authority and, therefore, declare the section of the rail route 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). Non-official table of contents

§ 17 Capacity analysis

(1) If rail routes have been declared overloaded, the operator of the rail routes has a Capacity analysis, unless a plan to increase railway capacity in accordance with § 18 is already implemented.(2) Capacity analysis shall be used to investigate the bottlenecks in railway capacity which prevent applications for the allocation of train paths from being allowed 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. Consideration should be given, in particular, 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

§ 18 Plan to increase rail path capacity

(1) Within six months of completing a capacity analysis, to draw up a plan to increase the capacity of the railway infrastructure and the competent railway authority responsible for the rail infrastructure, with the prior participation of the users of the overloaded rail routes and of the country concerned; the regulatory authority and the countries concerned.(2) In the plan to increase the capacity of the rail infrastructure, the following are to be stated:
1.
the reasons for the Congestion,
2.
the expected future traffic development,
3.
the Restrictions on track construction,
4.
the possible measures and costs of increasing the rail capacity, including the expected Changes in infrastructure charges.
It is also necessary, on the basis of an economic feasibility study, to determine whether measures should be taken to increase the capacity of the railway infrastructure. 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 infrastructure may not charge the charges in accordance with section 21 (3) if he
1.
no Plan to increase rail capacity, or
2.
no progress with the policy catalog listed in the rail-path capacity increase plan .
(4) However, the railway operator may continue to collect such charges, subject to the agreement of the competent railway supervisory authority, if
1.
the plan to increase the rail capacity for reasons not to be represented, not can be realized or
2.
the possible measures cannot be expected economically or financially.
The decision of the competent authorities The railway supervisory authority shall act in consultation with the regulatory authority. Non-official table of contents

§ 19 Special rail routes

If there are several suitable rail paths, the operator of the rail routes can be found in the Rail network conditions of use designate rail routes for use by certain types of transport services and give priority to them in the allocation of train paths. Such a restriction of use shall not preclude other transport services from the use of the rail infrastructure 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

§ 20 Setting, calculation and collection of charges for rail routes

(1) Finance a third investment into the Rail routes of a railway operator shall be determined by means of the agreement or decision on which the financing is based, such as these investments in the determination of the criteria determining the calculation of charges 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 and to market segments within these transport services.(2) The operators of the rail routes within the country are obliged to ensure the efficient implementation of rail transport services with railway operators in the other Member States of the European Union, including in the design of the railway infrastructure. To cooperate. They may create the appropriate common facilities necessary for this purpose. Non-official table of contents

§ 21 Principles of pay for rail tracks

(1) The operator of the rail routes has its fees for the compulsory services so to provide incentives for rail transport operators and rail operators to reduce disruptions and improve the performance of the rail network by means of performance-based components. The principles of the performance-based charging system shall apply to the entire rail network of an operator of the railway lines.(2) The infrastructure charge may include a remuneration component which takes account of the cost of environmental impact of the operation of the train, and shall be differentiated according to the magnitude of the effects caused. The level of the overall solution of the operator of the rail routes must not be changed.(3) The infrastructure charge may include a remuneration component which reflects the scarcity of the railway infrastructure capacity on a determinable rail path section in times of congestion.(4) The cost of a transport performance in relation to other transport services shall be increased, and these costs may only be taken into account for this transport performance.(5) In order to avoid disproportionate fluctuations, the charges referred to in paragraphs 2 and 4 and the remuneration for the compulsory benefits may be averaged over reasonable periods.(6) The charges shall be calculated in the same way as against each person entitled to access, in so far as the provisions of this Regulation do not give any other reason. In the case of a non-contractual state of the rail path, they are to be reduced by means of the associated control and securing systems as well as of the associated installations for distance-related supply of driving current.(7) The fees of the operators of the railway infrastructure are to be published or sent one month before the date of the deadline pursuant to section 8 (1) no. 2 in accordance with § 4 (1). They are valid for the entire new timetable period. Unofficial table of contents

§ 22 Exceptions to the rail route pay principles

(1) The competent supervisory authority may be
1.
Exceptions to § 14 para. 4 sentence 1 of the General Railway Act, if the costs are otherwise balanced,
2.
by general order, in consultation with the regulatory authority, all operators of the rail routes in general from the consideration of the (
)
the case of future investment projects or of projects which are in accordance with the provisions of the 15th sentence of the General Railway Act (2), the following shall be submitted to the following: On the basis of the long-term costs of such projects, the operator of the railway infrastructure may, on the basis of the long-term costs of such projects, set or maintain higher charges if the projects increase the use of the rail route or a reduction in 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. Non-official table of contents

§ 23 Discounts for rail tracks

(1) Discounts are the actual amount of the operator of the To limit administrative costs saved by rail, unless otherwise provided for in paragraph 2. In determining the amount of the discounts, cost savings already taken into account in the context of the fee collected should be disregarded.(2) The operators of the railway infrastructure may introduce, for each individual rail path section, payment arrangements which are valid for all persons entitled to access and within the framework of which limited time-limited discounts are used to promote the development of new rail routes. Rail transport or time-limited discounts are granted to promote the use of very low-capacity routes.(3) discounts may only apply to charges levied on a particular rail route section.(4) Equal pay reductions shall be granted to comparable transport services or market segments. Unofficial table of contents

§ 24 charges for service facilities

(1) Railway infrastructure companies have to design their charges in such a way that they by performance-based components to railway undertakings and railway infrastructure undertakings operating service facilities, to incentives to reduce disruption and to increase the performance of service facilities .(2) A third party shall finance investments in service facilities of a railway infrastructure company, and shall be determined by means of the agreement or decision on which the financing is based, such as those investments in the determination of the criteria for calculating charges are taken into account. The provisions of the first sentence shall apply to all persons entitled to access. They may be limited to certain transport services or to market segments within these transport services.(3) In the event that a separate fee for rail access to the service facilities is levied, § § 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 person entitled to access, in so far as the provisions of this Regulation do not give any other reason. Non-tampering table of contents

Appendix 1 (to § § 3 and 21)
Benefits to be provided for access rights

The original text: BGBl. I 2005, 1574
1.
The compulsory services of the railway operator include:
a)
the processing of applications for train paths;
b)
the design of the use of assigned train paths and the equipment for distance-related supply of driving power;
c)
the operation of the control and security systems required for a train movement, the coordination of the train movements and the provision of information on the Train movements;
d)
all other information that is required to perform the traffic for which capacity is assigned.
2.
The additional services can include:
a)
Delivery of fuels as well as all other services provided in the above-mentioned facilities for access services;
b)
customer-specific services to monitor hazardous goods transports or to assist in the operation of unusual trains.
3.
The side performances can include:
a)
access to the telecommunications network;
b)
providing additional information;
c)
rolling stock technical inspection.
unofficial Table of contents

Appendix 2 (to § 4 para. 2)
Content of the rail network-Terms of use

Site 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.
railroad
The information on the nature of the rail route available to the beneficiaries, as well as the access conditions for the relevant Rail route.
2.
EntgeltgrundRecords
The pay principles are to be outlined. 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 the performance of the remuneration arrangements and the penalties to be imposed on operational disruptions to be represented by the contracting parties. .
3.
Principles and criteria for rail capacity allocation
Information about the the general capacity characteristics of the rail route available to the persons entitled to access, as well as any restrictions on use, including the capacity to be expected for maintenance purposes. Further information on the settlement and the deadlines for the allocation of railway capacity, in particular
a)
on the procedure for the submission of applications for train paths by the operators of the rail tracks;
b)
to meet the requirements for access rights;
c)
to the schedule of the application-and Assignment procedure;
d)
to the principles of the coordination process;
e)
to Details of the limitation of the use of railway tracks.
Details of the measures taken to ensure the appropriate treatment of transport services in the carriage of goods, of cross-border transport services and of the to ensure that applications subject to the procedure relating to occasional transport are to be carried out.