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/op/2016/48.1


The Saeima has adopted and promulgated the following laws of Valstsprezident: the amendments to the Railway Act to make the Railway Act (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, 162, no. 205; 2011, 65 no; 2013, 51, no. 188, 232; 214.189, 2014, no.) the amendments are as follows: 1. Article 1: expressions of paragraph 3 as follows: "3) rail infrastructure development — the package [infrastructure, construction, upgrading (upgrading), capacity building] where, in accordance with the transport policy planning documents realizes, to significantly increase railway speed, improve safety, quality and other technical facilities of the railway;"; make paragraph 4 by the following: "4)-railway infrastructure capacity the ability to schedule train paths requested for an infrastructure to workstation specific period;"; make paragraph 6 by the following: "6) rail infrastructure maintenance-measures (infrastructure maintenance, restore), you continually make the railway infrastructure manager, to ensure that the use of railway infrastructure in compliance with the operating rules of the railway technical;" express the following paragraph 23: "23) of the rail infrastructure essential functions — making decisions about capacity, allocation of train paths, including both on-access detection and evaluation, both for the allocation of individual train paths, and decision making on infrastructure fees, including charging and charging." Add to article 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45 and 46 as follows: "an alternative route 24) — another route from the place of departure to the destination, where both routes are interchangeable to the respective carrier of goods or passengers; 25) sustainable alternative-access to other crew space which carrier is economically justified and gives an opportunity to provide the cargo or passenger services; 26) site: a place of the crew (including land, buildings and equipment) that the whole or part of which is specially engineered to provide one or more of this law, article 12.1 second, third or fourth part of the services; 27) crew site operator — any trader or it Department, which is responsible for one or more of the crew site management or for one or more of this law article 12.1, second, third and fourth in the part of the carrier in the provision of the services; 28) carrier licence, permit or authorisation issued by the authority with which the company and the company is recognized as a carrier to provide rail transport services. This right can be restricted to certain types of services; 29) licensing authority-the authority responsible for granting licences to the carrier; reasonable profit — 30) equity capital profitability factor, which takes into account the risk of crew space operator (for revenue) or the absence of such a risk. That coefficient corresponds to the industry's average in recent years; 31) the applicant — the carrier where transport is from a country not a Member State of the European Union (hereinafter third country), or to a third country. In other cases, the carrier or other person who is associated with public service or commercial interest to get the transport infrastructure capacity; 32) congested infrastructure — public-use railway infrastructure, station, during certain periods in which demand for infrastructure capacity cannot be fully satisfied even after coordination of the different requests for capacity; 33) capacity enhancement plan — measure or series of measures that the calendar for the schedule to ease capacity constraints, resulting in a public-use railway infrastructure, station recognises as congested infrastructure; 34) coordination — a process through which the public railway infrastructure manager and operator of the essential function of the applicant attempt to resolve situations in which applications for infrastructure capacity are mutually contradictory; 35) framework agreement, a legally binding general agreement, setting out the applicant's and the public use of the rail infrastructure operator for the essential functions, as well as the infrastructure manager (where its scope) the rights and obligations relating to the infrastructure capacity to be and the applicable fee for a period of more than one working timetable period of validity; 36) network — all rail infrastructure, which manages the railway infrastructure manager; 37) network report-report, which sets out in detail the General rules, deadlines, procedures and criteria for charging, the charging and capacity allocation schemes, and other information necessary to request infrastructure capacity; 38) train path — part of the infrastructure capacity needed to train a certain period can move from one place to another place; 39) motion graphics: a collection of data, defining all planned train movement of the relevant railway infrastructure during the period for which it is in force; 40 Park Road), a backup path that is specifically intended for the temporary parking of railway vehicles for the period of secondment; 41) large maintenance-work which are not regular daily activities and for which the rolling stock unit may not participate in traffic; 42) the charging scheme — public-use railway infrastructure operator for the essential functions of the developed and approved for the charging regulations that apply to all carriers in the net; 43) the charging scheme — public-use railway infrastructure operator for the essential functions of the developed and approved the charging regulations that apply to all carriers in the net; 44) power distribution scheme, public use of the rail infrastructure operator for the essential functions of the developed and approved power distribution rules that apply to all carriers in the net; 45) rail infrastructure, with capital expenditure related to large rail infrastructure replacement jobs that do not change its overall performance; 46) railway infrastructure modernization — with capital expenditure linked to large changes to railway infrastructure work, which improves its overall performance. " 2. To supplement the law with article 2.1, the following: "2.1 article. Law enforcement exclusions the Act does not apply to the track infrastructure, which is functionally separated from the rail infrastructure and intended for the carriage of passengers, the city area or transport company in the area. " 3. Article 3: supplement paragraph 5, after the word "carrier" with the words "crew site operator, consignee, shipper"; to supplement the article with points 6 and 7 by the following: "6) crew; 7) crew site operators. " 4. in article 5: Express 2.1 and the third subparagraph by the following: "(21) the railway infrastructure manager according to the railway sector regulatory requirements and regulations of the railway infrastructure, equipment and the characteristics issue documents for the use of railway infrastructure, which is publicly available on the railway infrastructure manager's home page on the internet. (3) the private use of the rail infrastructure if it is needed to get from one place to another crew crew site, serve or might serve more than one final consumer or in the crew (except for the road, which is located in the railway repair shop, depot or locomotive yards), use of the services provided and the fees laid down conditions for the conclusion of the event comparable to the crew. The following are the responsibilities of the infrastructure owner for a site operator to the crew, and the application of this law, article 5.1, article 12.1 11.2 second, third and fourth subparagraphs, and article 12.2. The owner is subject to the National Rail Administration, supervision and control ". to supplement the article with the fourth paragraph as follows: "(4) if the public-use railway infrastructure is no longer required to get from one place to another crew crew site, it does not serve or cannot serve more than one final consumer or not in the crew site, its owner or legal possessor may apply the national railway administration of the infrastructure for the rail track in the register of infrastructure as private-use railway infrastructure." 5. To supplement the law with article 5.1 by the following: ' article 5.1. Access to the railway infrastructure (1) carrier to access public-use railway infrastructure so that it can provide all types of rail freight services, be granted either under fair, non-discriminatory and transparent conditions. This right includes access to infrastructure, which connects the sea and inland ports and other 12.1 of this law referred to in the second subparagraph of article crew site and the infrastructure that serves or may serve more than one final consumer. (2) the carrier shall be granted a right of access to public-use railway infrastructure so that it could provide international passenger services. This right includes access to infrastructure, which connects 12.1 of the Act referred to in the second subparagraph of article crew space. (3) the carrier shall be granted a right of access to public-use railway infrastructure so that it could give domestic scheduled passenger transport services in accordance with the conclusion of the public transport service contracts, as well as the Inland passenger transport services which are not regular passenger transport. This right includes access to infrastructure, which connects 12.1 of the Act referred to in the second subparagraph of article crew space. (4) a separate process that runs carrier operators, infrastructure managers, crew site operator, consignee or consignor's behalf, to access this law article 5, first paragraph, the infrastructure referred to in paragraph 1 shall be granted on the basis of contracts concluded with the infrastructure manager and using the free power. " 6. Replace article 6, first paragraph, the words "(the State-owned railway infrastructure)" with the words "(a State-owned public-use railway infrastructure or the second subparagraph, the persons in the administration of public railway infrastructure)". 7. To make article 9 as follows: "article 9. Rail infrastructure maintenance and development (1) public-use railway infrastructure maintenance and development is funded according to its functional role, category, and in accordance with the railway technical operation rules. (2) the State public-use railway infrastructure develop as appropriate, taking into account the European Union's General needs, also need to cooperate with neighbouring third countries. To this end the Ministry of transportation, after consultation with the interested parties in the development and the Cabinet of Ministers approves the indicative of railway infrastructure development strategy, which aims to meet the mobility needs of the future with regard to infrastructure maintenance, renewal and development, based on the sustainable financing of the railway system. That strategy shall cover at least the period of five years and shall be renewable. (3) the State public-use railway infrastructure maintenance and development under this Act is the responsibility of the State joint stock company (State public-use railway infrastructure manager), in accordance with national policies and General in the second part of the strategy adopted in the economic action plan, including investment and financial programmes. Plan designed to ensure optimal and efficient use of infrastructure, security and development, while ensuring financial balance and the means to achieve those objectives. Before the approval of the economic action plan the infrastructure manager to ensure that the already known and potential applicants, upon request, to access relevant information and express their views on the economic content of the action plan with regard to the conditions of access to infrastructure, its use and the type of security and development. Operating plan may be the infrastructure manager's medium-term operational strategy. (4) the State shall ensure that, under normal operating conditions and within a reasonable period which shall not exceed five years, in article 6 of this law that State public-use railway infrastructure managers in the profit and loss account revenue from infrastructure charges, earnings from other commercial, non-repayable income from private sources, as well as public funds (including in the case of the national advance payments received) is at least balanced by infrastructure spending. Subject to the user's possible long-term objective of all modes of transport infrastructure costs to be covered by the user direct payments based on different modes of transport fair, non-discriminatory competition, where rail transport is able to compete with other modes of transport, in accordance with this statutory charging conditions the State may require that the law referred to in article 6 of the State public-use railway infrastructure manager to balance income and expenditure without public funding. (5) the annual State budget act in the process of preparation of the draft traffic prescribed by the Ministry can submit a request for State budget allocations to public State railway infrastructure maintenance. (6) the local government, commercial companies, other legal or natural person rail infrastructure maintenance and development is financed by its owners. " 8. Express article 10, second subparagraph by the following: "(2) the financing of railway infrastructure consists of: 1) revenue from pay-per-article 12.1 of the Act referred to in the first subparagraph of the minimum access package; 2) revenue from its State-owned land leasing, which hosted a public-use railway infrastructure (article 15, paragraph 2); 3) profit from this law referred to in article 6, the State public-use railway infrastructure owned by the crew site operator services; 4) public funds (article 9, fourth and fifth); 5) profit from other business; 6) non-repayable income from private sources. " 9. To supplement the law with 10.1 and 10.2 of the article as follows: "article 10.1. Infrastructure costs and accounting (1) in article 6 of this law that the State public-use railway infrastructure manager, subject to the security and the need to maintain and improve the quality of the infrastructure service, provides incentives to reduce infrastructure maintenance and development costs and the level of access charges. (2) subject to national competence as regards the maintenance of the railway infrastructure and the planning and financing of the development and, where appropriate, national budget planning principles, the Ministry of transportation and the law referred to in article 6 of the State public-use railway infrastructure manager for at least a period of five years of the agreement, which meets at least the article 10.2 of this law contains provisions and under which this article shall apply to the incentives referred to in the first subparagraph. The provisions of the Treaty and in article 6 of this law that State public-use railway infrastructure manager financing payments previously agreed structure covering the entire duration of the contract. (3) no later than one month before the second part of this article, the agreement was signed, the Parties shall inform the public of the rail infrastructure operator for the essential functions, and the applicant, on request, possible applicants and give them the opportunity to express their views on the content of the contract. The contract shall be published in the month from the date of closing, and this law referred to in article 6 of the State public-use railway infrastructure managers shall ensure the contract terms and operating plan for consistency. (4) in article 6 of this law the State public-use railway infrastructure manager shall establish and maintain their own assets and the assets of the register that it is the responsibility of management. This register is used to assess funding needs of active maintenance. It shall be accompanied by detailed information on expenditure for the renewal and modernisation of the infrastructure. (5) in article 6 of this law the State public-use railway infrastructure manager shall develop a method of allocating costs to the various carriers and the services offered on this method notifies the relevant function if caller did not perform the essential functions, providing all the information necessary for the calculation of the fee for the development of the scheme. This method updates the basis of international best practice.
10.2 article. The Ministry of transport and public-use railway infrastructure manager, the provisions of the Treaty by the Ministry of transport and public-use railway infrastructure managers in the contract shall contain at least the following components: 1) the scope of the agreement concerning infrastructure and crew locations, structuring in accordance with article 12.1 of the Act. It includes all aspects of infrastructure management, also if the exploitation of existing infrastructure maintenance and renewal. If necessary, the contract may also include a new infrastructure construction; 2) or the structure of the funds assigned in the following distribution: this law specified in article 12.1, infrastructure services, maintenance and renewal, not done in a timely manner infrastructure maintenance and restoration work. The case concerned a contract may include a new infrastructure or means of payment structure; 3) to users in action-oriented targets as indicators and quality criteria, including the following aspects: (a) the efficiency of train traffic) and customer satisfaction, b) network capacity, c) asset management, d) scope, e), (f) the security level) environmental protection; 4 do not work) timely infrastructure maintenance work on the possible volume and assets that will be gradually removed from use and thus will create different financial flows; 5) this law 10.1 referred to in the first subparagraph of article incentives; 6) minimum requirements for the infrastructure manager shall submit reports, specifying the content and frequency of submission of the report and specifying the information to be published each year; 7) agreed that agreement term is synchronized and compatible with the infrastructure managers concerned in the economic action plan, the concessions or the security certificate and the prescribed fee is calculated of the country's legal framework; 8) rules on how to handle a significant case of malfunctioning and emergency situations, including contingency plans and provisions for early termination of the contract and timely information to the user; 9) corrective measures to be taken if one of the parties violates his contractual obligations or extraordinary circumstances affecting the availability of public funding; the contract includes conditions and procedure of repeated negotiations and before the expiry of the contract term; 10) contract performance control procedures. " 10. Article 11 shall be expressed by the following: ' article 11. Principles of charging for access to public-use railway infrastructure and fee discounts (1) charging scheme in respect of this law article 12.1, first subparagraph the minimum access package and access to infrastructure, which connects with the crew of the space infrastructure, after consultation with the applicant and public-use railway infrastructure managers develop and approve public-use railway infrastructure operator for the essential functions and submit to public railway infrastructure manager for inclusion in the network statement. Except where special measures are taken in accordance with this law, in article 11.1, the tenth public railway infrastructure manager provides the essential functions for the reviewer that the charging scheme is based on the same principles across the network, and this scheme applying to different carriers that provide equivalent services in a similar part of the market is equivalent and non-discriminatory fees. (2) the fee for this law, article 12.1, first subparagraph the minimum access package and for access to the infrastructure that connects the infrastructure with the crew, set according to the place of operating the train service costs and subject to the third and fourth subparagraphs, as well as this law, the provisions of article 11.1. (3) second subparagraph of this article, the fees can add additional charge which reflects the scarcity of capacity of the identifiable segment of the infrastructure during periods of congestion. If he does not produce a capacity enhancement plan, or failure to meet capacity plan contains actions, public use of the rail infrastructure operator for the essential function of the decision to cancel the application of the fee to the relevant infrastructure. If the capacity enhancement plan cannot be met for reasons which cannot be influenced, or available alternatives not economically or financially expedient to public railway infrastructure manager with whom the essential function of the State Railway administration permissions can continue to apply an additional charge which reflects the scarcity of capacity of the identifiable segment of the infrastructure during periods of congestion. (4) in the second part of the fee may be changed to take account of the costs caused by the train traffic impacts. Any such changes be differentiated according to the extent of impacts. The application of charges on freight rolling stock noise caused by impact costs, public use of the rail infrastructure operator for the essential functions of the Commission comply with the 2015 March 13, implementing Regulation (EU) 2015/429, laying down the procedures for the application of charges on noise impact costs. (5) any part of this article is the fourth in the infrastructure charge for the changes (to take account of the noise reduction measures) promote modernization of wagons, equipping them with the most economically advantageous available low-noise braking technology. Environmental costs include infrastructure cost, if this increase in total revenue, the infrastructure manager is only allowed if such fees in accordance with road use fees Act applies to the carriage of goods by road. If environmental protection charges result in additional revenue to the infrastructure manager uses this revenue in environmental protection measures in accordance with the railway environmental protection policy. Public use of the rail infrastructure operator for the essential functions that provide the necessary information and to examine the environmental fee calculation and its application. (6) of this article, the fourth and fifth subparagraphs shall not apply to the rolling stock units, which are used or intended for use for the carriage of third countries or to third countries, where the rail network is 1520 mm track gauge. (7) in order to avoid undesirable disproportionate fluctuations, can be determined in the second, third and fourth of the fee referred to in part as the average of the relevant train services and traffic periods. The relative amount of this fee associated with the costs attributable to the services of train traffic. (8) Notwithstanding the second paragraph of this article, in particular the principle of the direct costs of all discounts, what about any service carrier apply to public infrastructure and essential function of the operator, meets the following criteria: 1) discount is not greater than the infrastructure manager's actual savings of administrative costs (except for this part of the case referred to in paragraph 2), and in determining the amount of the discount, may not take into account cost savings that are already included in the appropriate fee; 2) the essential functions of the infrastructure manager contractor can introduce all the users of the infrastructure available to the charging scheme of similar discount terms for specified traffic flows, granting discounts applicable to the specified period of time, to encourage the development of new rail services, or discounts encouraging the use of considerably underutilised lines; 3) discounts may relate only to charges levied for a specified infrastructure section; 4) shall apply for similar services charging scheme of similar discount conditions apply on a non-discriminatory basis to all carriers. (9) with the schemes, which calculates the fees for access to public-use railway infrastructure, carriers and public-use railway infrastructure managers ' incentives to minimise disruption and improve the performance of the railway network, through a performance scheme. The following diagram can include penalties for actions that interfere with the operation of the network, compensation for those with impairment losses and bonuses that reward activities, which are better than planned. The basic principles of the performance scheme, which apply across the rail network, established by the Cabinet of Ministers. (10) public use of the rail infrastructure (the fundamental functions of the infrastructure manager operator) shall cooperate in order to enable to apply effective scheme for calculating the fees for access to public-use railway infrastructure and coordinate calculation of the fee or charge for train traffic services which cross more than one infrastructure network of the railway system in the European Union. Particular promote the international competitiveness of rail services in optimal and efficient use of the network for this purpose, the appropriate procedures are developed. Such cooperation shall be implemented in order to enable the effective application of this law, the premium referred to in article 11.1 and ninth part of this article that the railway network of the performance scheme, if the traffic passes through more than one infrastructure network of the railway system in the European Union. (11) railway infrastructure manager carrier and non-discriminatory way can offset the environmental, accident and infrastructure costs which competing modes of transport do not cover. In each case, the Cabinet of Ministers adopted a decision on the grant of the refund, the amount and payment procedures subject to the following conditions: 1) if the carrier receiving compensation enjoys an exclusive right, to ensure that users benefit compensation comparable to this; 2) methodology used and calculations enable you to demonstrate certain expenditure not covered by the competing modes of transport. (12) a complaint about the scheme, which is applied when calculating the fee for a 12.1 of the Act referred to in the first paragraph the minimum access package and for access to the infrastructure connecting infrastructure with crew seats, or if the complaint charges the following public-use railway infrastructure owner, public-use railway infrastructure manager, not the Manager's essential functions, the applicant or the carrier may submit to the National Railway Administration not later than one month from the date of When it is published. " 11. To supplement the law with 11.1 and 11.2 of the article as follows: "article 11.1. Exceptions to the charge for access to public-use railway infrastructure in the application of the principle of determination (1) in order to fully cover the public railway infrastructure manager's cost, if the market can bear, public use of the rail infrastructure operator for the essential function of the fees for this law, article 12.1, first subparagraph the minimum access package and for access to the infrastructure connecting infrastructure with crew positions, apply markups. (2) Before the application of the mark-up public-use railway infrastructure operator for the essential functions evaluate their importance, at least in the following market segments and choose the most important of them: 1) the carriage of passengers and freight; 2) trains carrying dangerous goods and other goods trains; 3) Inland Transport and international transport; 4) of combined transport services and the direct train connections; 5) suburban (regional) passenger transport and intercity passenger transport; 6) trains, which all cars are transported from one point to one destination, and trains, each car is one of the units and the cars are coupled and uncoupled route; 7) regular train service and the occasional train traffic services. (3) Public-use railway infrastructure manager's essential function operator may subdivide the market segments by transported goods or passengers. (4) also determines the market segments in which the carriers at the time not working, but that they can provide services during the period in which the scheme is in force, after which this law 12.1 fees referred to in the first paragraph the minimum access package and for access to the infrastructure that connects the infrastructure with the crew. For these market segments not apply markups. (5) Public-use railway infrastructure manager shall provide the essential function of the operator of public railway infrastructure manager information, which includes their market segment list which apply markups. Market segment in the list has at least the following three segments: 1) freight services; 2) passenger services provided under a public service contract; 3) other passenger services. (6) a list of the market segment the network statement shall be published and reviewed at least every five years. This list is monitored by the national railway administration. (7) the Surcharge shall apply on the basis of efficient, transparent and non-discriminatory principles, while guaranteeing optimum competitiveness and respecting the railway carrier productivity gains achieved. Charge level does not preclude a public-use railway infrastructure use the market segments that can cover at least direct costs, as well as the rate of return allowed by the market situation. (8) if the public-use railway infrastructure operator for the essential function planning to modify the essential elements of the first, second, third and fourth part of that fee is calculated in terms of the elements, it will publish the website on the internet for at least three months before the publication of the report of the network in accordance with this law, the term of the fifth paragraph of article 28. (9) in order to fully cover the costs incurred by the public railway infrastructure operator for the essential function to define a larger fee for services relating to the carriage of goods from third countries or to third countries, where the rail network is 1520 mm track gauge. (10) in the case of specific investment projects in the future or a specific investment projects that are completed after 1988, public use of the rail infrastructure operator for the essential functions may establish or continue to set higher charges on the basis of the long-term costs of such projects if they increase effectiveness or cost effectiveness, or both, and if it otherwise could not or could not be achieved. The following fees may be taken into account in the calculation also agreement on shared with the new investment-related risks. (11) in order to prevent discrimination by any public-use railway infrastructure operator of the essential function of a certain average cost and marginal charges for equivalent uses of infrastructure is comparable and the same services in the same market segment are applied to the same charge. Public-use railway infrastructure manager shall provide the essential function of the operator of public railway infrastructure manager information, indicating that those requirements comply with the conditions for the calculation of the fee. Public-use railway infrastructure manager it shows the network statement, insofar as it is possible to do so, without disclosing confidential business information.
11.2 article. Charges for crew location services principles (1) the fee for crew space operator services determine the crew site operator. (2) the fee for access to the tracks of this law in the second paragraph of article 12.1 of the above crew and the following locations the services provided do not exceed the cost of providing it, plus a reasonable profit. (3) where the services referred to in this law, in article 12.1, third and fourth paragraph, as ancillary services provided only one crew site operator, the fee for such a service shall not exceed the cost of providing it, plus a reasonable profit. (4) crew site operator who gave this law article 12.1, second, third and fourth parts of the services, in accordance with article 28 of this law, inform the infrastructure manager of fees to be included in the network statement, or specify a home page in the internet, in which such information is available in electronic format free of charge. (5) the fee for the use of crew places paid crew site operator and used it to finance economic activity. (6) the crew site operator for the national railway administration shall provide it with all necessary information about the appropriate charge and able to base the carrier that charges for services provided by the carrier, the actual calculated pursuant to the provisions of this article, is calculated according to the information in the network statement. " 12. Express and article 12 12.1 the following: ' article 12. Fees for access to public-use railway infrastructure calculation and collection of (1) the Decision of the calculated charge on 12.1 of the Act referred to in the first paragraph the minimum access package and for access to the infrastructure connecting infrastructure with crew positions, accept public-use railway infrastructure manager and operator of the essential function of the State Railway Administration provides all the necessary information about it. Public use of the rail infrastructure and essential feature performer able to base the carrier, the charge that the carrier actually calculated, subject to the relevant provisions of this law, is calculated according to the information in the network statement. Public use of the rail infrastructure operator for the essential function of the decisions on the amount published on its homepage on the internet by indicating the date of publication of this decision. (2) the fee for this law, article 12.1, first subparagraph the minimum access package and for access to the infrastructure connecting infrastructure with crew seats on the public-use railway infrastructure manager according to public use of the rail infrastructure operator for the essential functions of the developed and approved (after consultation with the applicant and public-use railway infrastructure manager) the charging scheme. Public-use railway infrastructure manager received a fee used for his business. Charging scheme for public-use railway infrastructure manager shall provide the essential function of the operator of public railway infrastructure manager for inclusion in the network statement. (3) Public-use railway infrastructure operator for the essential functions can accept the decision calculate the fee for capacity used for the maintenance of the infrastructure. Such fees shall not exceed the revenues that the maintenance work is not made public-use railway infrastructure manager. (4) the public use of the rail infrastructure operator for the essential functions it may be decided by which you calculate the charge for capacity that is allocated but not used. The following fees for non-use of capacity to stimulate the efficient use of power, and it necessarily applicable to applicants for train paths are allocated, but are those allocated to the road or part is not used systematically. (5) Public-use railway infrastructure manager shall provide the essential function of the operator of public railway infrastructure manager information, indicating the criteria on the basis of article 27 of this law, the tenth part of the Cabinet of Ministers referred to the principles set out in the regulations, establishes that the train path is not used. These criteria are published in the network statement, and it compliance supervised national railway administration. (6) in the fourth paragraph of this article the said fees shall be borne by the applicant or the carrier designated in accordance with article 27 of this law the second part. (7) public use of the rail infrastructure and essential function of the operator, upon request, inform any person concerned of the infrastructure capacity already allocated to carriers and that they use. (8) Public-use railway infrastructure managers shall ensure that, on the basis of the scheme, which is applied to the carrier calculates the payment for a 12.1 of the Act referred to in the first paragraph the minimum access package and for access to the infrastructure connecting infrastructure with crew seats, the actual payment corresponds to the network statement said rules. (9) the complaint concerning the charging scheme for public-use railway infrastructure owner, public-use railway infrastructure manager, applicant or the carrier may submit to the National Railway Administration not later than one month from the date of its publication. (10) a complaint about the actual payment for access to public-use railway infrastructure, the carrier may submit to the National Railway Administration not later than one month from the date of receipt of the invoice.
12.1 article. Carriers of services (1) rail infrastructure managers in a non-discriminatory manner to all carriers provide the minimum access package, which includes: 1) rail for requests for infrastructure capacity; 2) the right to utilise capacity which is granted; 3) railway infrastructure (including branches and exchanged); 4) train control including signalling, regulation, dispatching services and communications, as well as the provision of information on train movement; 5) traction equipment, which they are available; 6) all other information required to implement or provide the services for which the allocated capacity. (2) crew site operators on a non-discriminatory basis to all carriers provide access (including access to the track) the following crew positions, if any, and the services provided in the following locations: 1) passenger stations, their buildings (also in appropriate places on the ticket sales) and other equipment (traffic information); 2 cargo terminal); 3) marshalling yards and train formation facilities, also shunting equipment; 4) parking road; 5) maintenance equipment, excluding large maintenance equipment designed for such types of rolling stock, which require special equipment; 6) other technical facilities, including railway rolling stock equipment cleaning and washing; 7) sea and inland port facilities related to the operation of the railway; 8) equipment for disaster recovery; 9) refuelling equipment and fuel supply to such equipment (invoices paid on fuel specified separately). (3) if the crew site operator as ancillary services provide any of the following services, then it shall provide upon request all carriers in a non-discriminatory manner: 1) traction power supply (charge for it separately on invoices from charges for the use of the power supply), without prejudice to the application of the laws of the market and the use of electricity; 2) passenger train (wagons) preheating; 3) services relating to the transport of dangerous goods and the non standard train movement. (4) the carrier may from rail infrastructure managers or crew space operators as ancillary services require additional services, which can include: 1) access to telecommunication networks; 2) additional information; 3) rolling stock; 4) ticket sales services passenger stations; 5) large maintenance services provided by the crew places designed the rolling stock types who need special equipment. (5) the infrastructure manager or crew space operator is not obliged to give in part four of this article, these services. If the infrastructure manager or crew space operator decides to offer carriers in any of these services, it shall, on request, provide a non-discriminatory manner. " 13. To supplement the law with 12.2 article as follows: "article 12.2. Crew site operator activities (1) in order to ensure that access to places of service referred to in this law, the second paragraph of article 12.1, 1, 2, 3, 4, 7 and 9, and in these places the services provided are fully transparent and non-discriminatory, if such a site operator as the crew department in one legal person directly or indirectly exposed to the unit that carried out the railway service-related business and this legal person is dominant national railway services market, in which the use of this site, then this crew crew site operator operations organised in such a way that the organisational and decision-making in terms of operator would be independent of the departments that perform with railway services related business. Such independence does not mean that the crew must create separate legal personality and independence can provide, in one legal person creating separate departments. (2) in relation to all of this law, in the second paragraph of article 12.1 of those sites the operator and crew with railway services related business operator provides separate accounting, balance sheet and a profit and loss account. (3) if the crew space provided by the infrastructure manager or where the crew site operator as one organ of the legal person directly or indirectly exposed to the unit that carried out by the management of the railway infrastructure related commercial activities, then this article, the first and second parts requirements are met, consider proven, if this law are fulfilled the requirements laid down in article 13.1 with regard to the essential functions of the infrastructure manager for independence. (4) responses to requests for access to the carrier crew position, referred to in this law, in the second paragraph of article 12.1 and it services provide a reasonable period of time to be determined by the national railway administration. Such requests may be rejected only if it is sustainable alternatives available that allow the carrier to the cargo or passenger in the same or an alternative route with economically acceptable conditions. It imposes the duty crew site operator to invest in resources or crew in place to be able to satisfy all requests of the carrier. (5) if the carrier requests relate to access to the site, the crew referred to this law, the second paragraph of article 12.1, 1., 2., 3., 4., 7., or in paragraph 9 and managed the first and in the third paragraph the crew spot operator, or the right to receive services in this crew, they place the operator in writing based on the decision of each and indicate possible alternatives in other crew. (6) if any of this law, in the second paragraph of article 12.1 of that crew site operator receives conflicting requests, it tries to satisfy all requests as far as possible. If there is no other alternative and sustainable is not possible to satisfy all requests for capacity of the location, based on demonstrated needs, the carrier may submit a complaint to the national railway administration, which examines the circumstances of the case and, if necessary, take action to ensure appropriate capacity allocation for that part of the carrier. (7) where a 12.1 of the Act referred to in the second paragraph of article space is not used by the crew for at least two years in a row and the carrier latter crew site operator is shown with proven needs sufficient interest in accessing this site, the owner shall notify all crew space or part of lease or letting the services unless the operator of that crew space proves that No you can not use it there due to ongoing transformation work. (8) where a 12.1 of the Act referred to in the second paragraph of article space is not used by the crew for at least two consecutive years, its owner to notify all crew can place or part of a leasing or letting or disposal. If, within three months after such notification is not received, the crew site operator has the right to close the crew space, at least three months before announcing the National Rail Administration, and public-use railway infrastructure manager. " 14. To supplement article 13 with the fourth paragraph as follows: "(4) by a railway service-related areas of activity and with the management of the railway infrastructure related activities accounting shall be made so as to be able to monitor compliance with the ban to one area of activity received the national, local or European Union funds to another area of activity, and to monitor the use of revenue from charges for the use of this law article 12.1, first subparagraph and profit from other business." 15. in article 13.1: make the third paragraph as follows: "(3) the public use of the rail infrastructure and essential functions include the costs of paying for the public railway infrastructure usage. The essential functions of funding required is determined by the relevant operator function under the charging scheme and subject to the Group's overall financial and human resource management principles. Public use of the rail infrastructure operator for the essential function of the procedures to be taken in settlement of the public railway infrastructure manager's essential functions, determines the charging scheme. "; to make the fourth part of the introductory paragraph as follows: "(4) the public use of the rail infrastructure and essential function for independence provides, subject to the following provisions:"; adding to the fourth paragraph of point 1, after the words "any post of any carrier structures" with the words "and such company shares (stock) acquisition"; make the fifth subparagraph of paragraph 1 by the following: "1) public railway infrastructure manager functions essential for Board members and executives, which is competent to decide on public-use railway infrastructure manager's essential functions can not be ruling the company (Corporation) participants (shareholders) and may not be holding an Office or otherwise engage the ruling company (Corporation) structures;" replace the fifth subparagraph in paragraph 2, the words "the annual financial plan or similar financial planning documents and to set global limits on the levels of indebtedness of its" with the words "annual report"; adding to the fifth subparagraph of paragraph 3, the words "or competence"; adding to the seventh paragraph of paragraph 6 by the following: "6) six months before the end of the public-use railway infrastructure operator for the essential functions of a member (shareholder) shall inform the National Railway Administration for the public use of the rail infrastructure and essential function for the appointment of Board members for a new term or justify his release after the deadline. The National Rail Administration immediately, for no longer than three weeks from the 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 to public use of the rail infrastructure operator for the essential function of the members (shareholders) meeting the decision agrees with the planned release of the members of the Board after the expiry of the time limit or oppose it if in doubt about the adequacy of the grounds submitted. The National Rail Administration decision in public use of the rail infrastructure operator for the essential functions of a member (shareholder) and the public-use railway infrastructure managers for the major function of the Board, which is the accepted national railway administration's decision, you can appeal to a Court of law. The National Rail Administration appeals against decisions does not stop its operation. " 16. in article 14: turn off in the first paragraph, the words "public service Regulatory Commission"; turn off the fourth paragraph, the words "public service Regulatory Commission". 17. Article 15 be expressed by the following: ' article 15. Public-use railway infrastructure (1) land national public rail infrastructure land partition zone is in the public domain. This State land cannot be sold, gifted or otherwise disposed of. If the railway land partition bar on earth or land belonging to the State or the Ministry of transport, the person is, or has planned to deploy in article 6 of this law that the State public-use railway infrastructure manager, the railway infrastructure owned by the elements, the State Ministry of transport a person holds or transfers possession of the land then nodded in the traffic.  (2) article 6 of this law, the State public-use railway infrastructure manager then in the possession of State-owned land or chime (the first part of this article) can be put in use or bother with easements buildings, structures, surface or subsurface communications for construction and other economic activity. In these cases, the national public rail infrastructure manager shall act on behalf of the State. The decision on this part of the country referred to own or lease the land with his assent building law, the Cabinet of Ministers adopted. The Cabinet of Ministers issued the rules on this part of the country referred to own or use the land his assent or expanding with easements buildings, structures, surface or subsurface communications for construction and other economic activity. (3) Public-use railway infrastructure manager and crew space operator has an easement rights to other legal and natural persons owned the land on which the railway infrastructure. Servitude established law. Land user its owner pays compensation for servitudes, in accordance with the agreement, but no more than five percent a year from land cadastral values. (4) Public-use railway infrastructure manager, subject to the decisions taken in matters of land laws and other legislation, have the right to cross land partition zone hinterlands never owned land, to access the infrastructure elements. (5) the pre-emptive right to the land and other real estate State of rail infrastructure to public land partition zone is the Ministry of transport the person to the State. " 18. To supplement the law with article 22.1 as follows: "article 22.1. The actions envisaged in respect of the acceptance of railway structures and objects, If according to the law "on environmental impact assessment" is the result of the environmental impact assessment report and the opinion of the competent institution by the State public-use railway infrastructure construction or substantial change in the making and this object is included in the trans-European transport network (TEN-T) and its list of priority projects, the decision on acceptance of the proposed action in assessing the relevant authorities adopt the views of the Cabinet of Ministers. " 19. Article 23: turn off third; to supplement the article with the fourth, fifth, sixth, seventh, eighth and ninth subparagraph by the following: "(4) the carrier as a company (regardless of who owns it) managed in accordance with the principles which apply to commercial companies. This also applies to the public service obligations imposed on the carrier State and to public service contracts it concluded with the competent national authorities. (5) the carrier shall draw up their own economic plan, which includes investment and financing programmes. Such plans in order to ensure the financial balance of the carrier and reach the other technical, commercial and financial management objectives. The plans also provides the means to achieve those objectives. (6) on the basis of the general policy guidelines, adopted by the State and taking into account national plans and contracts (which may be concluded for several years), including investment and financing plans, the carrier shall, in particular, be free to: 1) create internal structures, subject to the provisions of article 13.1 of the Act; 2) control the sale and provision of services and their price; 3) make decisions on staff, assets and procurement; 4) to expand their market share, develop new technologies and new services and adopt any innovative management techniques; 5) introduced new activities with the economic activity sectors. (7) the application of this article, the sixth, the intact remains of the European Parliament and of the Council of 23 October 2007, Regulation (EC) No 1370/2007 on public passenger transport services by rail and by road and repealing Council regulations (EEC) Nos 1191/69 and (EEC) No 1107/70 (hereinafter Regulation (EC) No. 1370). (8) the carrier's profit and loss account and a balance sheet prepared and published separately on economic activity linked to rail freight services and for activities related to rail passenger service. Funds paid for activities related to the provision of transport services, and fees for public services, the corresponding reports reflect away in accordance with Regulation (EC) No 1370 article 7 and not diverted to activities linked with other transport services or to other economic activities. (9) rail freight services-related areas of activity and with the railway passenger transport service-related areas of activity records shall be made so as to be able to monitor compliance with the ban to one area of activity, the State authorities received or funds of the European Union to put another scope of work. " 20. Supplement article 25.1 of the third paragraph as follows: "(3) in the case of threats to the State Cabinet has the right to decide the priority of national security needs required the military rail freight organization and execution (including loading and unloading)." 21. the express article 25.2 the following: ' article 25.2. Passenger transport services, the main purpose of which is to carry passengers between stations located in different Member States of the European Union (1) carrier, which provides passenger service on the main objective is to carry passengers between stations located in different Member States of the European Union, the transport, the following have the right to the route in question in the territory of Latvia take and skip the passengers at any station or stop. The carrier is controlled, if you break a State or municipality signed the railway order, the economic balance of the contract. (2) in determining whether the carrier provides passenger service on the main objective is to carry passengers between stations located in different Member States of the European Union, and that such a service break in a closed state or municipal railway contract of economic balance, also apply to the Commission on 11 august 2014. the implementing Regulation (EU) no 869/2014 on new rail passenger services, which sets out the regulatory authority is national railway administration. (3) whether the carrier provides passenger service on the main objective is to carry passengers between stations located in different Member States of the European Union, the National Rail Administration, if the carrier received the application, the competent authority of an application that has entered into the national or municipal railway contract, or the carrier of the application that executes the contracts concerned in the territory of Latvia in international passenger route. (4) whether closed national or municipal railway contract economic balance is upset, the National Rail Administration, on the basis of an objective economic analysis and pre-determined criteria, if you received such an application, the competent authority which has State or local railway passenger services contract, or of any other interested competent authority the application for which you have the right to restrict access to the railway infrastructure, or a carrier's application executing the contracts concerned in the territory of Latvia in international passenger routes, the infrastructure manager or the railway submissions. (5) the competent authority that has entered into national or local railway passenger services contract, and carriers that provide public transport services, the National Rail Administration provides the information necessary for the particular case, make informed decisions. The National Railway Administration examined this information, if necessary, request the relevant information from the other parties involved and in the month after receipt of such information begin consultations with them. If necessary, the national railway administration shall consult with all the parties involved. The National Rail Administration was informed of the case in question the decision taken by the administrative procedure law, but not later than six weeks after receipt of all relevant information. (6) the National Rail Administration justified the decision. It specifies the period within which and the conditions under which the competent authority which has national or local railway passenger services contract, the carrier who performs the contract in the territory of Latvia in international passenger routes, the infrastructure manager or the railway carrier seeking access to infrastructure, may be required to initiate the National Railway Administration administrative processes. " 22. Article 27 of the expression as follows: "article 27. Public-use railway infrastructure capacity allocation (1) public use of the rail infrastructure operator for the essential function is responsible for the allocation of railway infrastructure capacity and in particular ensure that infrastructure capacity is allocated in a fair and non-discriminatory manner. (2) requests for infrastructure capacity may be submitted by applicants. To be able to use the infrastructure capacity, applicants who are not carriers, that carrier shall be designated in accordance with article 27.1 of the Act shall sign a contract with the infrastructure managers. The applicant may require the infrastructure manager to conclude such a contract conferring the right to the same applicant to pay for the use of railway infrastructure. (3) Public-use railway infrastructure capacity allocation of priority is those railway services, which are provided to State or municipal railway contract basis, as well as foreign armed forces or the national armed forces, and to support services, which are provided in whole or in part, using special purpose (high-speed, freight and similar services) or build national public rail infrastructure. Railway infrastructure manager may require the damages that it occurs within certain transport priorities. (4) the public use of the rail infrastructure operator for the essential function of the applicants may impose requirements to ensure public-use railway infrastructure manager shall reasonably expected future revenue and infrastructure. Such requirements are appropriate, transparent and non-discriminatory. You can only request the financial guarantee that does not exceed the respective, intended by the applicant in proportion to the size of the traffic, as well as proof of the applicant's ability to prepare for the appropriate infrastructure power deals. Determining the requirements, comply with the criteria contained in the Commission's 2015 January 6 implementing Regulation (EU) 2015/10 concerning the criteria for applicants who have applied for the railway infrastructure capacity, and of the implementing Regulation (EU) no 870/2014 (hereinafter the implementing Regulation (EU) 2015/10). Implementing Regulation (EU) 2015/10 specific regulatory authority is national railway administration. (5) if the applicant intends to request infrastructure capacity rail to provide railway service whose main purpose is to carry passengers between stations located in different Member States of the European Union, it shall inform the infrastructure manager of the essential function of the operator, the infrastructure managers and the railway administration. To assess whether the services provided by the carrier's main purpose is to carry passengers between stations located in different Member States of the European Union, and what is the potential economic impact on existing public or municipal railway contract, the State Railway Administration shall ensure that the competent authority is informed, that concluded the State or municipal railway contract, and the carrier that perform this contract in the territory of Latvia in international passenger transport route as well as any other interested competent authority, which shall have the right to restrict access to the railway infrastructure. (6) request submissions respecting the appearance the tenth part of this article, the Cabinet referred to procedures, as well as available and according to the law the priorities already distributed public-use railway infrastructure capacity. (7) the right to use the infrastructure capacity of applicants may be granted for a period not exceeding one working timetable period of validity. Of the rail infrastructure operator for the essential functions, as well as the infrastructure manager shall, where its scope and application the applicant may enter into this law referred to in article 27.2 the basic agreement on the relevant railway infrastructure capacity over a period of more than one working timetable period of validity. The applicant, which is a party to the framework agreement, its requests for infrastructure capacity shall be submitted in accordance with that agreement. (8) an applicant who has been granted a certain infrastructure capacity, this capacity is not entitled for reward or free of charge, transferable, except in this capacity use the carrier on behalf of the applicant who is not a carrier. Otherwise the transfer infrastructure capacity is forbidden and leads to the exclusion from future infrastructure capacity allocation process. (9) If, after the required capacity for coordination and consultation with applicants it is not possible to satisfy requests for infrastructure capacity adequately to public railway infrastructure manager and essential function of the investigator shall immediately notify that the infrastructure is overloaded. Do it also in relation to infrastructure capacity in the near future may become insufficient. (10) the cabinet shall determine: 1) procedures are planned and coordinated timetables, divided into public-use railway infrastructure capacity (as well as the essential functions of the infrastructure manager and operator of the infrastructure manager's action, if the infrastructure is overloaded) and cooperation, by allocating infrastructure capacity on more than one network; 2) service application or maintenance notice, then add the contents of the documents, the examination procedure; 3) capacity enhancement plan; 4) action movement to organize, also in case of interference, and if the infrastructure capacity required by motion graphics design; 5) principles that establish criteria to establish that track or part thereof is not used. (11) Public-use railway infrastructure manager, the essential function of the operator subject to the tenth part of those rules, the Cabinet of Ministers may establish and approve power-sharing scheme, to be published in its website on the internet and submitted to public railway infrastructure manager for inclusion in the network statement. (12) Public-use railway infrastructure owner, public-use railway infrastructure manager, public use of the rail infrastructure operator for the essential functions, the carrier and the applicant disputes about 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. Complaints about public-use railway infrastructure capacity or of their refusal to grant infrastructure capacity may be made one month after the published power sharing plan or announced refusal to grant infrastructure capacity. (13) 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 adopted article 31 of this law the period referred to in paragraph 2.2, and public-use railway infrastructure owner, public-use railway infrastructure manager, public use of the rail infrastructure and essential function of the operator, the carrier and the applicant 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. " 23. To supplement the law with 27.1, 27.2 and 27.3 of the article as follows: "article 27.1. Carriers and rail infrastructure manager's contract carrier switch the necessary agreements with public use of the rail infrastructure. The provisions of such agreements shall be non-discriminatory and transparent way.
Article 27.2. Framework agreements (1) public use of the rail infrastructure operator for the essential functions, as well as the infrastructure manager shall, where its scope, and the applicant may conclude framework agreements. It shall specify the requested of the applicant and the proposed infrastructure capacity characteristics for a period of more than one working timetable period of validity. A detailed framework agreement does not specify a train path but satisfy the applicant's legitimate commercial needs. Following the basic agreement is first approved by the State Railway Administration. (2) the framework agreement does not prevent other applicants or the public-use railway infrastructure manager to use the infrastructure. (3) a framework agreement shall allow the amendment or limitation thereof, to enable better use to be made of the railway infrastructure. The basic text of the agreement may provide for penalties in case you need to modify or terminate the agreement. (4) the framework agreements shall in principle be for a period of five years and can be renewed each time for a period equal to the original. Public use of the rail infrastructure operator for the essential functions in particular cases may agree to a shorter or longer period. Any period longer than five years, based on commercial contracts, specialised investments or risks. (5) on the service, which uses this law referred to in article 27.3 of specialized infrastructure, which require large and long-term investments, which the applicant duly justified, may conclude framework agreements for 15 years. Period longer than 15 years shall be possible only in exceptional cases, such as with large amounts of long-term investment, particularly where such investment is covered by contractual arrangements, including multi-annual amortisation plan. In such specific cases based upon the text can determine in detail the characteristics of power, which the applicant must provide the framework agreement. These characteristics can also include the use of train paths, their size and quality. Public use of the rail infrastructure operator for the essential functions can reduce the reserved capacity, if at least one month, its usage is less than specified in the report, over the network, and it has not happened for reasons which are not of an economic nature and which the applicant can not affect. (6) while respecting commercial confidentiality, the general nature of each framework agreement shall be made available to any interested party.
16.3 article. Specialized infrastructure (1) infrastructure capacity shall be considered available for use in all types of service delivery that meets the train path requires parameters. (2) where alternative routes are available, public use of the rail infrastructure and essential function of the operator, after consultation with the interested parties may provide that certain infrastructure is used for certain types of carriage. If you have the following choices to public infrastructure and essential function of the operator, infrastructure capacity, priority may be given to a particular mode of transport. This designation does not prevent to use this infrastructure to other types of transport when infrastructure capacity is available. (3) if the infrastructure is a certain specialised infrastructure, the network status report. "
24. Make article 28 the following: ' article 28. The network overview (1) Public-use railway infrastructure manager shall, after consultation with the interested parties shall prepare and publish a network statement obtainable for a fee that does not exceed the cost of publishing this report. The network statement shall be published in the national language and at least another official language of the European Union. Network review content is publicly available free of charge in electronic format on the public-use railway infrastructure manager's home page on the internet. The network statement is also available in the homepage of the internet, the cooperation, jointly create the infrastructure managers concerned, if the traffic passes through more than one railway network in the European Union. (2) network carriers report shall set out the nature of the infrastructure which is available and information on conditions for access to the specific railway infrastructure. The network statement shall also include information on conditions for access to the crew, locations that are connected to the network, the infrastructure manager and for the provision of services in these locations or specify a home page in the internet, which is available free of charge to the following information. (3) network report content is determined by the Cabinet of Ministers. (4) the report of the network constantly updated and, if necessary, amended. (5) the network statement shall be published no less than four months in advance of the deadline for requests for infrastructure capacity. (6) the charging scheme (the scheme), and the terms of payment applicable for international freight services from third countries or to third countries, where the rail network is 1520 mm track gauge, public use of the rail infrastructure and essential function of the operator shall publish on its homepage on the internet at least two months before the infrastructure concerned enters into force and it does not include network statement. " 25. Article 29 of the expression by the following: ' article 29. The competence of the Ministry of transport railway transport sector public policy rail transport is implemented under the Ministry of transport transport policy planning documents. " 26. Article 30: replace the part in Figure 2.1 and the word "interest" with number 0.26 and the word "interest" 0.34; supplemented with the sentence of the fourth subparagraph by the following: "on the National Rail Administration, the post of Director may apply for people who meet the State requirements of the civil service law and have appropriate expertise and relevant experience in the rail area."; Add to article 4.1 part as follows: "(41) guidelines in cases involving the National Railway Administration complaint handling functions and market surveillance function of the railway, as well as the staffing issues of the National Railway Administration Director and other officials can not make no Cabinet, no traffic, no other persons. In these cases, the National Rail Administration do not coordinate with the Ministry of transport of reference. " 27. Article 31: make the first part of paragraph 8 and 9 by the following: ' 8) examine the applicant's complaints, if it believes that it has been unfairly treated, discriminated against or is in any other way aggrieved, especially complaints about the decisions taken by the public railway infrastructure manager, the essential functions of the infrastructure manager or where appropriate, the operator of the carrier or operator of the place of the crew: a) network statement its preliminary and final the network statement, b) the criteria referred to in (c)) the capacity allocation process and its outcome, d) charging and the charging scheme, e) infrastructure charges and settlement in the amount or structure of the applicant which requires or may require f) access procedures in accordance with this law, 5.1, 12.1, 12.2 and article 25.2 g) services and service charges, in accordance with article 12.1 and 12.2 of this Act; 9) monitor the situation of competition in the rail services markets, and on their own initiative, as well as to prevent discrimination against the applicant, in particular the control of point 8 of this part "a", "b", "c", "d", "e", "f" and "g" in the subjects listed and check the network statement is not included, discriminatory rules and or public use of the rail infrastructure or infrastructure essential functions not assigned to the reviewer's discretion that could be used for discrimination against the applicant; " Add to the first paragraph of point 12 in words and figure "and take decisions on public registration of private railway infrastructure of the railway infrastructure capacity of this law article 5, fourth paragraph in that case"; turn off the first part of paragraph 14, the word "goods"; to supplement the first part with the 21 and 22 the following: "21) provides that the relevant infrastructure manager for a particular function comply with this statutory charging conditions and is not discriminatory, the applicant and the relevant infrastructure manager functions for negotiations on infrastructure charging and intervene if negotiations are likely to be infringed the provisions of this law; 22) on a regular basis and at least every two years, consult with the railway freight and passenger transport service user representatives, to take account of her views on rail market. "; Add to article 2.1, 2.2, 2.3 and 2.4 in part as follows: "(21) National Rail Administration has the right to make infrastructure managers, operators and crew space — — the case of the audit to the carrier or to initiate an external audits to verify compliance with this law, in article 13, first and fourth subparagraphs of article 23 and the eighth and ninth part on accounting separation. The accounting information to be submitted on request to the National Rail Administration, established by the Cabinet of Ministers. The national rail administration of this information can also draw conclusions on State aid issues, without prejudice to the powers of the national authorities responsible. On these findings, it reported to the said authorities. (22) National Railway Administration shall examine all complaints, as appropriate, requesting the necessary information and within one month after receipt of the complaint started consultations with all the parties involved. It shall take a decision on the complaints, taking action to improve the situation, and shall inform the person concerned of its reasoned decision within a reasonable time limit fixed in advance and no later than six weeks after receipt of all relevant information. The National Rail Administration's case on its own initiative, decide on the measures to be taken to prevent discrimination against the applicant, market distortion and other undesirable trends in the relevant markets, in particular by reference to the first part of this article 8, point "a", "b", "c", "d", "e", "f" and "g" referred to in the question. (23) National Railway Administration's decision is binding on all persons to whom it applies. (24) if the Commission of 12 June 2015 the implementing Regulation (EU) 2015/909 on procedures of how to calculate the costs directly incurred in providing the services of train traffic, article 7, paragraph 1, the percent value is a double, the national railway administration in the first part of this article 9. in the case referred to in paragraph direct costs calculation check across the network can perform simplified way. "; make the third paragraph as follows: "(3) the National Rail Administration decisions may be appealed to the Court of law and in other laws. The National Rail Administration decision on licences for the performance of the railway, the decision on the railway infrastructure (track), the decision on the registration of railway rolling stock, adopted in pursuance of the first paragraph of this article or paragraph 9 8 functions, mentioned in 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 Board members and leading employees, competent to decide on public-use railway infrastructure manager's essential functions, the decision on the heritage railway for the allocation of financial resources, as well as the decision on the dispute and the Elimination of discrimination appeals shall not suspend its activity. " 28. Article 32 of the expression by the following: ' article 32. The National Rail Administration the right to request information (1) the National Rail Administration is entitled to request and receive from the public use of the rail infrastructure, the infrastructure manager, the essential function of the operator, the crew of the applicant site operator, any participating third parties and transport operators to carry out their functions, the necessary information. (2) the information requested shall be provided within a reasonable period, to be determined by the national railway administration, which may not exceed one month. In exceptional cases the national railway administration shall grant the extension for a certain period of time of not more than two additional weeks. The National Rail Administration, the information includes any information which requires the national railway administration in connection with the complaint handling function and the function of monitoring of competition in the rail services markets, in accordance with article 31 of this law, the first subparagraph of paragraph 9. This information includes statistics and market surveillance purposes. (3) infrastructure managers, operators and crew space — — the case of the carrier article 31 of this law, in the case referred to in 2.1, the National Rail Administration is authorized to request from the infrastructure manager, crew site operators and all companies or other organizations that perform or integrates various types of rail transport or infrastructure management according to this law, article 12.1 and 12.2, and article 13, first and second subparagraph , complete or partial accounting information so detailed level which is considered to be appropriate and proportionate. " 29. To supplement the law with article 32.1 by the following: ' article 32.1. The National Rail Administration in cooperation with other institutions from the Member States of the European Union, which the rail transport sector entrusted regulatory functions (1) the National Rail Administration provides other institutions from the Member States of the European Union, which the rail transport sector of regulatory functions assigned to execution (hereinafter the rail regulatory authority), information about your work, decision-making principles and practices, including on the main issues and the procedure for the European Union taken over railway interpretation problems. (2) the National Railway Administration cooperates with the regulatory authorities, including through measures to provide mutual assistance in market surveillance tasks and handling complaints or investigations. (3) where a complaint has been received or after the National Rail Administration initiatives are under investigation in connection with the access to international train paths, or charge for it, as well as due to the competition of the market observation international rail services, the national railway administration shall consult with the regulatory authorities in all the other Member States through the go the international train path, and before a decision is required of them all the necessary information. If the rail regulatory authority requires from the State Railway administration information, National Rail Administration is giving all the information that it has the right to request, in accordance with the laws and regulations in the area of rail transport. This information can only be used for the examination of complaints or investigations, and the national railway administration shall transfer the relevant rail regulatory bodies, so that they can take measures in relation to persons involved. (4) of the rail infrastructure (the fundamental function of the operator), which, in cooperation with other infrastructure managers (operators of the essential function), distributed in more than one capacity rail systems infrastructure network, without delay, provide all the information necessary to examine the complaint or inquiry referred to in the third paragraph of this article, and which are requested by the State Railway Administration. The National Rail Administration has the right to transfer such information on international train paths in the third paragraph of this article, the following rail regulatory bodies. (5) National Railway Administration may ask the European Commission to participate in the second, third and fourth activities in order to facilitate cooperation with the regulatory authorities. " 30. Article 33: Add to third with 13 and 14 by the following: ' 13) to provide information about the rail industry stakeholders ' responsibilities in relation to the Commission of 11 December 2014 Regulation (EU) no 1305/2014 concerning a technical specification for interoperability of European Union rail system telematic applications for freight subsystem and of Regulation (EC) No 62/2006 and Commission of 5 May 2011 Regulation (EU) no 454/2011 concerning the technical specification for interoperability relating to the trans-European rail system telematic applications for passenger transport subsystem; 14) to recognize the authority of the Evaluation Commission 30 April 2013 for the implementation of Regulation (EC) no 402/2013 for a common security method for the detection and assessment of risks and of Regulation (EC) no 352/2009 repeal. "; replace the fifth part number and the word "interest" with number 0.39 and the word "0.43 percent." 31. the supplement V to 33.2 and 33.3 article as follows: "article 33.2. The National Rail Administration and the national railway technical inspection, exchange of information and cooperation system and the National Railway Administration railway technical inspection is jointly developing the exchange of information and cooperation system, the purpose of which is to prevent the factors that adversely affect competition or the safety of the railway market. This system includes a mechanism by which the National Railway Administration may provide the national railway technical inspection recommendations on matters that may affect competition in the rail transport market, but the national railway technical Inspectorate for the national railway administration — issues that may affect the safety of it. Each institution, while maintaining the right to independent activity it established areas of competence before the decision making the following recommendations. If the authority decides to derogate from these recommendations in its decision it justified.
Article 33.3. The protection of passengers ' rights (1) the European Parliament and of the Council of 23 October 2007 Regulation (EC) no 1371/2007 on rail passengers ' rights and obligations (hereinafter Regulation (EC) no 1371/2007) referred to in article 30, the body responsible for this Regulation (other than those of article 21 and 26) performance, domestic rail passenger transport is the road Directorate and the international rail passenger transport, national rail administration. (2) Regulation (EC) no 1371/2007 referred to in article 30, the authority responsible for the regulation of article 21 and 26, the Executive is in the national railway technical inspection. " 32. Article 34 be expressed as follows: "article 34. Carrier licence (1) in the territory of Latvia provide rail transport services for companies in the European Union need a valid licence to the carrier. The licensing authority in Latvia's national railway administration. (2) log carrier licence is the right company in Latvia, founded in Latvia. (3) a licence shall not be granted to the carrier or its validity period is not extended if the laws are not fulfilled on the licensing requirements of the carrier's licence. A company which satisfies the relevant requirements, the carrier is entitled to a licence. (4) the licence to the carrier itself does not entitle the holder to rights of access to railway infrastructure. (5) the company that submitted a licence application to the carrier, before the start of operations is obliged to prove the National Rail Administration that it is always able to meet the requirements relating to good repute, financial fitness, professional competence and cover for its civil liability that has the necessary basic conditions of carrier licence. To that end, each company that submits an application to the carrier, also provide all relevant information.
(6) the Cabinet of Ministers shall lay down the requirements for the carrier licences in respect of the transport modes, good repute, financial fitness, professional competence and cover for civil liability, as well as the carrier's license suspension and cancellation criteria and carrier licence, the suspension or cancellation of the order. (7) on the carrier's licence duty paid. The extent of and the arrangements for payment shall be determined by the Cabinet of Ministers. For carrier licence fees received are credited to the State budget. (8) carrier licence is valid throughout the European Union. Latvia is also valid for the other European Union Member State licensing authorities issued a license to the carrier. (9) Carrier licence is valid until the recipient fulfils the obligations laid down in this article. The National Rail Administration can provide carrier license review. In this case, the license shall be reviewed at least every five years. (10) where the national railway administration shall issue the licence to the carrier, suspended its activities, withdraw or amend the licence to the carrier, the national railway administration shall immediately inform the European Railway Agency. " 33. Article 37 of the Present seventh paragraph as follows: "(7) an employer who is a carrier of the rail infrastructure, the operator or crew space in this law article 3, paragraph 5, the contribution of private pension funds or life insurance premium contributions to the accumulation of assets in the sixth paragraph of this article, the railway referred to specialist occupations employed. Employer contributions or benefits, regularity and the age of retirement or life paid claims shall be determined in the collective agreement. " 34. transitional provisions: replace paragraph 38, the words and figures "to 2015 December 31" with the words and figures "up to 3 July 2017."; transitional provisions be supplemented with 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51 and 52 of the following: "40. Public railway infrastructure operator for the essential function after consultation with the applicant and public-use railway infrastructure managers develop and until 2017 July 3, approves the charging scheme in respect of this law article 12.1, first subparagraph the minimum access package and access to infrastructure joining the crew of infrastructure sites, as well as in the charging scheme referred to. Up to this date apply to the public service Commission for the regulation of 16th June 2011 decision No 1/10 "charges for public use railway infrastructure course of settlement", 2011 June 16 decision No 1/11 "fees on the public railway infrastructure usage application procedures" and 2011 21. the September decision No 1/21 "the methodology for the calculation of the charge for public use railway infrastructure services", to the extent they do not conflict with this Act. The public services regulatory Commission decision lapse with the date of entry into force of the public railway infrastructure manager's essential function for the approved scheme of charging and the charging scheme. 41. Article 10 of this law To the second subparagraph of paragraph 1 for determining the charge referred to in the relevant financing consists of public railway infrastructure operator for the essential function of the set of public-use railway infrastructure. 42. the carrier's complaint about non-compliance with the transitional provisions referred to in paragraph 40 of the settlement policy of the national rail administration regulations in the order and within a time limit. 43. the complaint of the public railway infrastructure usage fee for compliance with the transitional provisions referred to in paragraph 40 of the methodology or a complaint about the public railway infrastructure usage fee (premium rate or fee discount) compliance with the transitional provisions referred to in paragraph 40 of the application of the requirements set out in the National Rail Administration, and it may be submitted during the month following the date of publication of the decision in the Official Gazette of the "journal". 44. the National Railway Administration examined this transitional provision 43 referred to the complainant and shall adopt the decision confirms that the public railway infrastructure usage fee corresponds to the transitional provisions referred to in paragraph 40 of the methodology or the increased fee or charge discount corresponds to the transitional provisions referred to in paragraph 40 of the enforcement order, or request to amend the charges under the national railway administration. 45. Article 27 of this law, in the tenth paragraph, the third subparagraph of article 28 and article 34 of the sixth and the seventh part of the Cabinet of Ministers referred to the entry into force of the day, but no longer than up to 2016 and 30 September of the following applicable Cabinet of Ministers regulations, in so far as they are not inconsistent with this law: 1) the Cabinet of Ministers on 24 September 2013 the Regulation No 990 ' rules on State toll on the issue of the licence to the carrier for the carriage of goods and passengers by rail "; 2) Cabinet 27 June 2006 no. 539 of the rules "rules for the public-use railway infrastructure capacity"; 3) Cabinet of Ministers on 6 June 2006, the Regulation No. 461 "rules for public review of the railway infrastructure (network) the contents and publication procedures"; 4) Cabinet of Ministers of 5 January 1999, the provisions of no. 4 "rail carrier licensing provisions". Amendment 46 article 15 of this law on the expression of the new version enters into force in 2016 on October 1. Up to the date of entry into force of the amendments to the Cabinet of Ministers issued article 15 of this law referred to in the second subparagraph. 47.2016, 2017 and 2018.. year financing Transport accident and incident investigation Bureau and heritage railways may not be less than the funding allocated to the year 2015. 48.2016, 2017 and 2018.. a year in funding for the national railway administration shall not be less than the funding allocated for the year 2015 and multiplied by the factor 1.3.49.2016, 2017 and 2018 funding national railway technical inspection shall not be less than the funding allocated for the year 2015 and multiplied by the factor. 50 to 1.1 2018 April 1, the Cabinet of Ministers develop and submit to Parliament draft laws necessary for the providing for the historic heritage railway targets and national rail administration, National Rail Transport technical inspection and accident and incident investigation Bureau functions as the appropriate funding. 51. Until 30 June 2016, national rail administration, the public service Commission issued the licence to the carrier rail passenger services exchanged for new sample carrier licences, which according to the Commission of 4 February 2015 the implementing Regulation (EU) 2015/171 on some railway undertakings in aspects of the licensing procedure. In this case, the State fee is not charged. Public service Regulatory Commission issued a license to the carrier are not valid and should not be used after June 30, 2016. 52. public-use railway infrastructure operator for the essential functions or public-use railway infrastructure manager, if it performs essential functions, the Manager may decide that no longer than until 2019. July 3, is gradually applied to the Commission of 12 June 2015 the implementing Regulation (EU) 2015/909 on procedures of how to calculate the costs directly incurred in providing the services of train traffic. " 35. Make informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions resulting from: 1) of the European Parliament and of the Council of 29 April 2004, Directive 2004/49/EC on safety on the community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (railway safety directive); 2) Council of 18 July 2005, the provisions of Directive 2005/47/EC on the agreement between the community of European railways (CER) and the European Transport workers ' Federation (ETF) on certain aspects of the working conditions of mobile workers provide in interoperable cross-border services in the railway sector; 3) of the European Parliament and of the Council of 23 October 2007 by Directive 2007/58/EC amending Council Directive 91/440/EEC on the development of the community's railways and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure; 4) of the European Parliament and of the Council of 23 October 2007 by Directive 2007/59/EC on the certification of train drivers operating locomotives and trains on the railway system in the community; 5) of the European Parliament and of the Council of 17 June 2008. Directive 2008/57/EC on the interoperability of the rail system within the community; 6) the European Parliament and of the Council of 16 December 2008, Directive 2008/110/EC amending Directive 2004/49/EC on safety on the community's railways (railway safety directive); 7) Commission of 27 November 2009. directive 2009/151/EC of European Parliament and Council Directive 2004/49/EC as regards common security indicators and common methods of accidents for the calculation of losses; 8) of the European Parliament and of the Council of 21 November, 2012 the 2012/34/EU directive establishing a single European railway area ". The law shall enter into force on the day following its promulgation. The Parliament adopted the law of 25 February 2016. The President of the Parliament instead of the President i. Mūrniec Riga 2016 March 9.