The Amendments To The Railway Law

Original Language Title: Grozījumi Dzelzceļa likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/219416

The Saeima has adopted and the President promulgated the following laws: the law on the amendments to the Railway Act to make Railway (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1998, no. 9; 1999, no. 5, 23; 2001, nr. 1; 2003, 6, 10, 23; 2004, nr. 8. No; 2005; 2006 21 no, no. 1; 2007, nr. 13, 15; 2008, nr. 15, 16; 2009, 12, no. 20; Latvian journal, 2009, 193. no; 2010, 86, 106 no). the amendments are as follows: 1. Article 1: express the following paragraph 12: "12") of the rail infrastructure: a corporation or institution, which manages the railway infrastructure (railway infrastructure maintenance, development), plans, organizes and controls the trains and other rolling stock on its management of the existing railway infrastructure tracks, as well as for infrastructure control and safety systems and control in cases where the law provides limitations, make significant railway infrastructure manager functions. Some of the rail infrastructure features can make different institutions or corporations; "
to supplement the article with the following paragraph 23:23) of the rail infrastructure essential functions — decision on rail infrastructure charges, allocation of railway infrastructure capacity, as well as the adoption of the decision on the appointment of a specific carrier's train. "
2. Make the second subparagraph of article 6, the first sentence as follows: "the State public-use railway infrastructure manager, except for the essential infrastructure manager functions 13.1 of the Act referred to in the first subparagraph in cases is State stock company."
3. Replace the third paragraph of article 9, the words "public limited company" formed by the words "public limited company".
4. Express article 11 the first paragraph by the following: "(1) the fee for the public railway infrastructure usage determines public-use railway infrastructure manager's essential function. The decision to accept public-use railway infrastructure operator of the essential function of the laws regulating the operation of certain officials (), having informed the public service Commission of adjustment. "
5. in article 12: adding to article 2.1 of the part as follows: "(21) fees for public-use railway infrastructure for the application of this article, the fourth and fifth cases referred, as well as fees for public-use railway infrastructure course of settlement shall be determined by the public service Commission, after the consultation of the public-use railway infrastructure managers and operators. This order is binding on the public-use railway infrastructure manager, public-use railway infrastructure manager and operator of the essential function of carriers. ";
to make the fourth and fifth by the following: "(4) the public use of the rail infrastructure and essential function of the operator, on the basis of fees for public-use railway infrastructure application procedures, have the right to impose increased fees on the public-use railway infrastructure at certain stages when this infrastructure is overloaded.
(5) public use of the rail infrastructure and essential function of the operator, on the basis of fees for public-use railway infrastructure for the application, is entitled to payment for public use railway infrastructure apply commercially reasonable discounts. Public use of the rail infrastructure operator for the essential functions for a limited period, fees for public-use railway infrastructure can apply discounts, which promote the optimal use of infrastructure capacity. Discounts may apply to certain public-use railway infrastructure, setting the stage for similar discounts for similar services. ";
Add to article 5.1 part as follows: "(51) of this article fourth and fifth subparagraphs shall adopt the decisions referred to in the public use of the rail infrastructure operator of the essential function of the laws regulating the operation of certain officials (), having informed the public service Commission Regulation.";
to make an eighth of the following: "(8) a State fee of public-use railway infrastructure charged this law article 6 referred to in the second paragraph of the State joint stock company".
turn off the tenth;
make the 13th part as follows: "(13) public use of the rail infrastructure owner, public-use railway infrastructure manager, which does not perform the essential functions of the Manager, or the carrier's complaint about the public railway infrastructure usage fee for compliance with the first subparagraph or for a specific methodology applicable to public railway infrastructure usage fee increase fees or fees in the event the appearance of discount public service Commission Regulation, informing the State Railway Administration. Complaints about public-use railway infrastructure use charges with this article the methodology laid down in the first subparagraph may be submitted not later than one month after the date of publication of the public railway infrastructure usage fee. Complaints about the application of the public railway infrastructure usage fee increase fees or fee rebate case may be submitted not later than one month from the date of the decision on the application of this charge. "
to supplement the article with the fourteenth and fifteenth part as follows: "(14) Public Service Commission of the complaint and during the two months following the receipt of the decision, which confirms that the public railway infrastructure usage charge matches the first part of this article, the specific methodology, as well as increased fee or fee discount to meet the agenda laid down in point 2.1, or require the modification of the said fees in accordance with the instructions of the Commission. Public service Regulatory Commission decision taken when examining complaints about public-use railway infrastructure charging in compliance with the first subparagraph or for a specific methodology applicable to public railway infrastructure usage fee increase fees or fee discounts, it is binding on the public-use railway infrastructure owner, public-use railway infrastructure manager, public use of the rail infrastructure operator for the essential functions and operators.
(15) Public Service Commission of the decision taken after consideration of the complaint of the public railway infrastructure usage fee for compliance with the first subparagraph or for a specific methodology applicable to public railway infrastructure usage fee increase fees or fee discounts in case public rail infrastructure owner, public-use railway infrastructure manager, public use of the rail infrastructure operator for the essential functions and the carrier may appeal to the administrative court. Public service Regulatory Commission appeals against decisions shall not suspend its activity. "
6. Article 13: make first and second subparagraph by the following: "(1) Public-use railway infrastructure manager, public use of the rail infrastructure and essential function of the operator, if the rail infrastructure manager functions perform various institutions or corporations, and the carrier provides separate accounting (financial report) and publishing, as well as current account opening and sorting. Features of national or local authorities granted the public railway infrastructure manager, may not be transferred to the carrier, and vice versa.
(2) if the public railway infrastructure manager, railway infrastructure managers do not perform the essential functions, there is also a carrier, it must ensure that these activities are carried out by individual departments. ";
turn off third.
7. To supplement the law with article 13.1 the following: "13.1 article. Independence public-use railway infrastructure operator for the essential functions operating activities (1) the public railway infrastructure manager's essential functions may not perform: 1) public use of the rail infrastructure, which is also the carrier;
2) public use of the rail infrastructure, where the carrier is dependent on the group in society, but the prevailing group company (Corporation) is a public-use railway infrastructure manager;

3) public use of the rail infrastructure when it is a matter of public concern, but the prevailing group company (Corporation) is a carrier;
4) national institutions entrusted with the railway transport sector regulatory function.
(2) If a prevailing group company (Corporation) is a public-use railway infrastructure manager, but this group's independent company is carrier, public use of the rail infrastructure of the essential functions of this group's other independent company (Corporation), which is not a carrier and in accordance with the requirements laid down in this article is not dependent on the public-use railway infrastructure manager's essential functions. If there is no such group's independent company (Corporation), a corporation or other institution which meets the requirements in this article the requirements of independence, public use of the rail infrastructure operator for the essential function is determined by the Cabinet of Ministers.
(3) public use of the rail infrastructure of the essential function of the operator shall be financed from the public railway infrastructure funding and the resources it requires to take into account in determining the charge for public use railway infrastructure.
(4) if the public use of the rail infrastructure operator for the essential functions with the carrier does not fit on one group, public use of the rail infrastructure and essential function for independence provides, subject to the following provisions: 1) public use of the rail infrastructure and essential function for Board members and executives, which is competent to decide on public-use railway infrastructure manager's essential functions, can not be any corporation that provides carrier services Members (shareholders), and may not hold office or otherwise engaging in any carrier structures. This prohibition regarding any post any carrier structures remain in force for two years after a Board member or executive whose competence includes decision-making on public-use railway infrastructure manager's essential functions, leaving the post;
2) public use of the rail infrastructure operator for the essential function of the staff be provided with separate rooms, which protected access. Internal rules or requirements to be included in the treaties, which provide that staff contacts with carriers in connection with public-use railway infrastructure manager's essential functions only to official communications;
3) public use of the rail infrastructure operator for the essential function ensures data privacy and commercial confidentiality, it is carrying out their functions, have received from carriers.
(5) If a public use of the rail infrastructure operator for the essential functions with the same group of carriers, in which neither of them governing this group company (Corporation) public-use railway infrastructure operator for the essential function of independence in addition to in the fourth paragraph of this article, the rules provide that, subject to the following provisions: 1) public use of the rail infrastructure and essential function for Board members and executives, which is competent to decide on public use of the rail infrastructure and essential functions may not be prevalent in the company (Corporation) participants (shareholders) and may not be holding an Office or otherwise engage the ruling company (Corporation). This prohibition for any posts in the ruling company (Corporation) the structure shall remain in force for two years after a Board member or executive whose competence includes decision-making on public-use railway infrastructure manager's essential functions, leaving the post;
2) public use of the rail infrastructure and essential function for members of the Executive Board are entitled to the right of the carrier and the ruling company (the Corporation) to make decisions concerning the public use of the rail infrastructure essential functions. The ruling entity (Corporation) is allowed to approve public-use railway infrastructure operator for the essential function of the annual financial plan or similar financial planning documents and to set global limits on the levels of indebtedness of its, but not allowed to take any action with respect to public-use railway infrastructure manager's essential functions;
3) there is no reasonable doubt as to the public use of the rail infrastructure operator for the essential functions of the members of the Board of professional independence;
4) public use of the rail infrastructure operator for the essential functions develop independence requirements program, which identifies the specific employee responsibilities and measures taken to avoid unequal treatment of operators and ensure proper control over its observance. Public use of the rail infrastructure operator for the essential function of each year up to April 1 the National Railway Administration submitted a report on the measures taken. The National Railway Administration report published on its website on the internet. The national rail administration following the evaluation report provides an opinion on the independence of the adequacy of the measures taken and specify the deficiencies, if any, as well as the time-limit within which these deficiencies are inevitable;
5) public use of the rail infrastructure operator for the essential function has the necessary staff;
6) public use of the rail infrastructure operator for the essential function of the commercial confidentiality of information, which it, in the exercise of its functions, has received a ruling from the company (Corporation).
(6) the national railway administration shall monitor the fourth and fifth part the public railway infrastructure manager functions essential for compliance with the requirements of independence and consider complaints against the carrier independence requirements. In such cases, the National Railway Administration may decide to take appropriate measures to ensure the independence requirement, setting a reasonable deadline for their execution.
(7) if the public-use railway infrastructure operator for the essential functions with the same group of carriers, in which neither of them governing this group company (Corporation), the national railway administration shall monitor the public-use railway infrastructure managers for the major functions of the members of the Management Board of professional independence. Surveillance has taken the following measures: 1) before the public use of the rail infrastructure operator for the essential functions of the members of the Governing Board for the election of the members of the Board of the National Railway Administration candidates and public use of the rail infrastructure operator for the essential function of the members (shareholders) meeting presents proof that he meets the fourth paragraph of this article, in point 1, and the fifth part 1 and 3 the criteria referred to in point. If the National Rail Administration has reason to believe that the information contained in the certificate is true, namely that the members of the Management Board does not meet any of the criteria set out in the law, so within three weeks from the date of receipt of the certificate, shall decide on the candidates for the members of the management board without compliance with the criteria and submit it immediately to public use of the rail infrastructure operator for the essential function of the members (shareholders) meeting and the members of the Board shall be issued to the applicant. The National Rail Administration decision, finding the candidate Board members of non-compliances and who prevents the public use of the rail infrastructure operator of the essential function of the members meeting to elect Board of such persons, in the month of may appeal to the Court of law. The National Rail Administration appeals against decisions shall not suspend its activity;
2) public use of the rail infrastructure operator of the major function of the Board shall immediately inform the National Railway Administration for attempting to influence him in respect of public railway infrastructure manager's essential functions;

3) if the public railway infrastructure managers for the major function of the Board no longer meets any of the fourth paragraph of this article, in point 1 and fifth parts 1 and 3 of the criteria set out in paragraph 1, such member shall have the same obligation to leave the post of Member of the Executive Board. If he does not do in public use of the rail infrastructure operator for the essential functions of the members of the meeting on its own initiative, without reference to the relevant Member of the Executive Board, the National Rail Administration has the duty to require public-use railway infrastructure operator for the essential function of the participant (shareholder) to such a Board member is immediately revoked. The National Rail Administration decision in public use of the rail infrastructure operator for the essential functions of a member (shareholder) and the recall of the Board may appeal to the Court of law. The National Rail Administration appeals against decisions shall not suspend its activity;
4) if the Management Board intended to withdraw from the post before the term, public use of the rail infrastructure operator for the essential functions of a member (shareholder) before the members (shareholders) meeting in which the Board member to withdraw from the post, gave the National Railway Administration to expand the grounds for revocation reasons. The Management Board may withdraw the only important reason considered a coarse violation of the mandate, the failure or improper performance, could not control the Corporation, trust or the loss of statutory barriers to this position and connect. The National Rail Administration immediately, but for not more than three weeks of public use of the rail infrastructure operator of the essential function of a participant (shareholder) of the date of receipt of the statement of grounds submitted public-use railway infrastructure operator for the essential function of the members (shareholders) meeting the decision agrees with the planned withdrawal of the members of the management board or oppose it, if there is reasonable doubt as to the reason for the withdrawal was submitted. The National Rail Administration decision to public railway infrastructure manager public and public use of the rail infrastructure operator for the essential functions can appeal to a Court of law. The National Rail Administration appeals against decisions shall not suspend its activity;
5) public use of the rail infrastructure operator for the essential function of the participant (shareholder) is not required to obtain the consent of the national railway administration, if it is out of the Office before the recall of mandate of the Management Board, which under the law of criminal procedure as a security feature applied to the detention or a certain occupation ban that prevents him to fulfil the public railway infrastructure manager functions essential for the members of the Board, or the Executive Board on the basis of the criminal or administrative offences adopted in the process of ruling, taken away or limited rights to certain or all types of commercial or the right to occupy positions in the governing bodies of the company. Public use of the rail infrastructure operator for the essential functions of a member (shareholder) shall immediately be submitted to the national rail administration of relevant supporting documents for the Board the appropriate security measure or disqualification or limitation, which takes note of it. "
8. Express article 25.1 the following: ' article 15.6. Military rail freight (1) before conclusion of the contract for military cargo railway designed for foreign support for the armed forces, as well as in cases where the national armed forces in military aid for rail freight customers do not have the national armed forces or the Ministry of defence, the Subscriber must receive the permission of the Ministry of defence. The client is obliged to allow the Ministry of defence a copy of the identity document to submit carrier before the conclusion of the contract.
(2) the Ministry of Defense is entitled to require the carrier, using military cargo railway order, and public-use railway infrastructure manager within their competence, provide rail transport services for compliance with the criteria set by the client. "
9. Article 27: make the first paragraph by the following: "(1) the public use of the rail infrastructure operator for the essential function is responsible for the allocation of railway infrastructure capacity between carriers.";
replace the third paragraph, the words "including" with the words "as well as";
to make the fourth subparagraph by the following: "(4) the Public-use railway infrastructure capacity is allocated on the basis of a public use of the rail infrastructure and essential function of the requester submitted applications for the operation of the railway infrastructure. Submissions to the infrastructure manager shall provide the carriers. "
turn off the fifth;
to make the ninth part of the second sentence as follows: "public-use railway infrastructure operator for the essential function of unused capacity, of which refused the carrier into other carriers subject to the twelfth referred to in Cabinet.";
to replace the tenth paragraph, the words "infrastructure manager" with the words "and the number of the relevant infrastructure manager functions in accordance with this law, whom the article 12 quarter";
to supplement the article with the thirteenth and fourteenth part as follows: "(13) public use of the rail infrastructure owner, public-use railway infrastructure managers, public-use railway infrastructure manager and operator of the essential function of the carrier disputes concerning public-use railway infrastructure capacity, as well as the public railway infrastructure manager's essential functions for a decision on the designation of a specific carrier train, refusal to grant infrastructure capacity or of the power supply and the appearance of the rules binding on the parties to take decisions at national rail administration by informing the public service Regulatory Commission. Complaints about public-use railway infrastructure capacity or of their refusal to grant infrastructure capacity may be made not later than one month after the published power sharing plan or announced refusal to grant infrastructure capacity.
(14) the decision on the dispute relating to the allocation of infrastructure capacity, a refusal to grant infrastructure capacity, or power supply rules for the national railway administration shall adopt within two months, and public-use railway infrastructure owner, public-use railway infrastructure manager, public use of the rail infrastructure operator for the essential functions and the carrier may appeal to the Court of law. The National Rail Administration adopt a decision confirming that the public railway infrastructure manager functions essential for decision not to amend or require modification of that decision in accordance with its instructions, but for the discriminatory conduct of operational decides what measures are taken to prevent further such violations. "
10. Add to article 29 to the third and fourth subparagraph by the following: "(3) the European Parliament and of the Council of 23 October 2007 Regulation (EC) no 1371/2007 on rail passengers ' rights and obligations referred to in article 30, the authority responsible for the enforcement of this regulation is the regulation of the public service Commission.
(4) Public Service Commission of adjustment, in cooperation with other public authorities, other State regulators and the institutions of the European Union, monitor the rail passenger market, promote competition in railway passenger transport and promote public use railway infrastructure development. "
11. Supplement article 30 to the fifth subparagraph by the following: "(5) the National Rail Administration's regulatory functions and the contested administrative act and the actual review of action functions by individual departments."
12. Article 31: make the first part of paragraph 9 by the following: "9) monitor the rail freight transport market and promote competition in the rail freight transport sector. Based on the complaint, or, if necessary, on its own initiative, decide upon the measures to be taken to the freight market to remove undesirable trends with regard to the principle of equality for all carriers. ";
to supplement the first part with point 18 and 19 by the following:

"18) monitor the compliance with article 13.1 of this law in the fourth and fifth part dedicated to public railway infrastructure manager independence requirements essential functions, the same article mentioned in the sixth paragraph of complaints about the carrier independence requirements and adopt appropriate decisions;
19) this law, the seventh part of article 13.1 cases and monitor the changes in the order public use of the rail infrastructure operator for the essential function of the composition of the Management Board. ';
to make the third part of the second sentence as follows: "the State Railway Administration decision on license rail freight conduct issues, the decision on the railway infrastructure (track), the decision on the registration of railway rolling stock, the decision on the public-use railway infrastructure capacity or capacity allocation, refusal to grant power or power supply rules, the decision on the public-use railway infrastructure operator for the essential functions of the independence , including its Board members and leading employees, competent to decide on public-use railway infrastructure manager's essential functions, as well as the decision on the dispute and the Elimination of discrimination appeals shall not suspend its activity. "
13. Express article 34 eighth as follows: "(8) carrier licence is valid until the recipient shall comply with the obligations provided for in this Act and in accordance with the conditions specified in the licence. The carrier's license shall be reviewed every five years. If there are conditions for the termination of the period of validity of the licence, the National Rail Administration revoke the licence of rail freight carrier in the service or the public service Commission shall revoke the license of the carrier for the transportation of passengers by rail. The carrier may be issued a provisional licence, which is valid for a period of not more than six months from the date of issue and which is given only once. "
14. Express article 40 the second paragraph as follows: "(2) the cabinet shall determine the railway accident, investigation and classification of records."
15. transitional provisions: to replace in paragraph 33 figures and the words "2010 November 1," with the figures and the words "January 1, 2011";
transitional provisions be supplemented with 34, 35, 36 and 37 as follows: 34. amendment of this law ", which provides in article 12, paragraph 1, article 6, second paragraph, first sentence, article 11, the first paragraph of article 12 of the fourth, fifth, eighth and thirteenth part, article 13 of the first and second subparagraphs, article 27 of the first, fourth and ninth part of the second sentence, and article 31, third subparagraph, the expression of the second sentence of the new text in , article 12 on the 10th, the third paragraph of article 13 and article 27 of the fifth part, the amendments to the Act, which provides for replenishment with 8.1 article, article 1, paragraph 23 of the replenishment, article 12 replenishment with 2.1, 5.1, the fourteenth and fifteenth part, article 27 of the supplement to the thirteenth and fourteenth part of article 31, first paragraph addition to the 18 and 19 points, as well as amendments made to replace article 27 on the tenth paragraph, the words "infrastructure manager" with the words "and the number of the relevant infrastructure Manager feature performers in accordance with This law article 12 quarter ", shall enter into force on January 1, 2011.
35. Article 6 of the law referred to in the second paragraph of the public limited company shall set up a corporation in the form of limited liability companies, which by 1 January 2011 for the start of the rail infrastructure essential functions — decision on rail infrastructure charges, allocation of railway infrastructure capacity, as well as the adoption of the decision on the appointment of a specific carrier's trains. On the formation of public limited liability companies should not apply the law "on State and local government owned capital shares and enterprises" in the second subparagraph of article 7 and article 98 of part three.
36. the public service Commission to the 2011 June 30 of this law article 12 fees referred to in part 2.1 of the public railway infrastructure usage application procedures and fees for public-use railway infrastructure course of settlement.
37. The Cabinet of Ministers until 2011 January 1, article 40 of this law shall be issued in the second part of these provisions on rail traffic accidents, the investigation of classification and accounting procedures. Up to the date of entry into force of the relevant provisions, but not longer than until 1 January 2011 are applicable to the Cabinet of Ministers on 6 October 1998 Regulation No. 393 of the "rail traffic accident investigation procedure ', in so far as they do not conflict with this Act."
The law shall enter into force on the day following its promulgation.
The Parliament adopted the law of 23 September 2010.
President Valdis Zatlers in Riga V 2010 October 13