The Saeima has adopted and the President promulgated the following laws: the law on the amendments to the railway to make 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., no., 10.23. no) follows: 1. Article 1: expressions of paragraph 5 by the following: "5) rail infrastructure-railway service which the infrastructure manager on a contractual basis, provide to other people by granting rights to use railway infrastructure; ";
make point 7 by the following: ' 7) railway — the services that are provided to passengers or freight contract domestic or international traffic by rail; ";
make paragraph 9 by the following: "9) rail specialist — a person whose work is directly related to rail traffic, which is a special education or who are specially trained and to which, in order to be eligible to work in the profession, issued the formal qualifications (certificates or railway specialist certificate of professional competence);";
Express points 11 and 12 as follows: ' 11) railway land partition bar: the area of land that is part of the railway infrastructure and for rail infrastructure deployment, to ensure the development of the railway infrastructure and safe operation, as well as to ensure the protection of man and the environment from the adverse effects of the rail;
12) rail infrastructure manager, company or institution, which manages the railway infrastructure (railway infrastructure maintenance, development), plans, organizes and controls the trains and other rolling stock on its management of the existing railway infrastructure tracks, as well as for infrastructure control and safety systems management; "
Add to paragraph 13, after the word "endpoints" with the words "a certain period of time";
Express points 14 and 15 by the following: "14) carrier: company that received the license for the railway carrier (passenger or cargo) carriage between stations and provide traction for this purpose, or the company that received the carrier licence and only provide traction services between stations;
15) the right of access to the railway infrastructure, carrier use the public-use railway infrastructure after a security certificate and to the conclusion of the contract with the railway infrastructure managers; "
Add to article 20 and 21 of the following paragraph: "the security certificate – 20) document attesting to specific company's ability to operate in the business sphere in the rail sector, subject to the safety requirements;
21) Earth-bottom structures grade complex, which is obtained by treating the Earth's surface, and intended to hold the superstructure of the track, and their durability against atmospheric waters and ground water. "
2. in article 3: to make paragraph 3 by the following: "3) carriers;";
to supplement the article with (4) and (5) as follows: "4) rail infrastructure manager;
5) the people carrier or rail infrastructure manager's task to ensure the appropriate technological processes (infrastructure management, technical equipment repair, construction, repair of the rolling stock, construction work stations, shunting within URu.tml.). "
3. in article 4: turn off the introductory part of the first subparagraph, the words "(the track)";
make the first part of paragraph 1 by the following: "1) railway superstructure [tracks (track), points transferred, sleepers, ballast and other elements of the bodywork accessories], level crossings and crossings;";
Replace paragraph 2 of the first paragraph, the words "land" with the words "grade with the ground beneath the tracks (land and rail grade with land partition bar)";
turn off the first part of paragraph 3, the words "railway partition zone of the Earth";
turn off the first part of paragraph 5, the word "specialist";
Add to paragraph 7 of the first paragraph after the word "station" with the words "change" points ".
4. in article 5: to make the name of the article as follows: "article 5. Rail infrastructure breakdown, use and ownership ";
make the first part of paragraph 1 and 2 as follows: "1) public railway infrastructure. It is open for the carriage of goods and passengers, or for the provision of technological process, respecting the principle of equality, and it is registered in the register of infrastructure of the railway as a public-use railway infrastructure. Public-use railway infrastructure status is assigned to the order of the Cabinet of Ministers;
2) private use of rail infrastructure. Its track for freight or commercial process for use by the owner or by another person on behalf of the owner or with the owner's permission, and it is registered in the register of the railway infrastructure as private-use railway infrastructure. "
5. in article 7: adding to article 1.1 of the part as follows: "(11) the strategic and regional significance of the railway infrastructure includes the adjacent or related station track, special interest tracks links, dead ends, and other tracks."
Add to the second paragraph after the words "developing traffic Ministry" with the words "and approved by the Cabinet of Ministers".
6. in article 8: replace the first paragraph, the words "All rail" with the word "railway";
to supplement the article with the third part as follows: "(3) No registered use of the infrastructure and the use of the grant is prohibited."
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) public use of the rail infrastructure of this law article 1 point 12 of the obligations made it to be the optimal infrastructure developed and effectively used. Railway infrastructure manager shall act in accordance with the business plan, including investment and financial programmes, maintaining the financial equilibrium of the commercial activities (commercial activities without loss).
(3) the State public-use railway infrastructure maintenance and development under this Act is the responsibility of the State founded a limited liability company (national public-use railway infrastructure manager).
(4) the State public-use railway infrastructure managers balance the income from fees for the use of the infrastructure, income from other commercial activities and State funding of expenditure on the maintenance of the infrastructure concerned. If railway infrastructure does not discriminated against in relation to other modes of transport infrastructure, the State may require that the State public-use railway infrastructure manager works without State funding. If the State public-use railway infrastructure manager receives State funding under the public investment programme for the use of the relevant infrastructure manager contracting with the State (Ministry of transport of the person). The term of the contract is not less than three years. A contract may provide incentives for infrastructure managers, subject to the necessary security and quality of service of infrastructure maintenance and improvement requirements, the need to minimize the maintenance costs of the infrastructure and not to increase charges for use of infrastructure, as well as the order in which these are used by the infrastructure manager.
(5) the State shall submit to the Ministry of transport public-use railway infrastructure development projects for inclusion in the public investment program, as well as the request for funding national public-use railway infrastructure maintenance.
(6) the local government, commercial companies, other legal or natural person rail infrastructure maintenance and development is financed by their owners. "
8. Article 10: turn off the fourth part;
to make a fifth by the following: "(5) the rail infrastructure fund revenue and expenditure approved traffic Minister."
9. Article 11: article name be expressed as follows: "article 11. Charges for public use railway infrastructure ";
make first and second subparagraph by the following:
"(1) the fee for the public railway infrastructure railway infrastructure owner or State public-use railway infrastructure manager.
(2) the fee for the public transport of railway infrastructure shall be determined on the basis of this law, in article 12 that the methodology for the calculation of the fee on the public railway infrastructure usage. ";
adding to the third paragraph after the words "railway infrastructure" with the words "on domestic routes traffic";
to supplement the article with the fourth paragraph as follows: "(4) it is Prohibited to require a different charge for public use railway infrastructure from carriers under the same conditions to provide equivalent rail transport services."
10. Express article 12 and 13 by the following: ' article 12. Public-use railway infrastructure charging methodology and charging carriers (1) methodology for calculating the charge for public use railway infrastructure services determine the public services regulatory Commission after consultation with the public-use railway infrastructure managers.
(2) in developing the methodology for the calculation of the fee for the public transport of railway infrastructure, the dramatically the following basic criteria: 1) market conditions, optimal use of the railway infrastructure requirements, track IP throughput, the use of railway infrastructure, improving the quality of services, promotion of competition between modes of transport;
2) service nature, time, frequency, and speed;
3) the infrastructure of technical and physical characteristics;
4) rolling stock technical indicators, speed, and total mass of load per axle;
5) traction features used form of energy;
6) train category, weight, length;
7) depreciation of railway infrastructure;
8 the amount of stations) operations;
9) rail infrastructure management services and costs;
10) incremental costs associated with the operation of the rail infrastructure and infrastructure management;
11) rail infrastructure maintenance and development costs;
12) train staging and provisioning costs;
13) infrastructure for safekeeping;
14) environmental protection requirements of the railway infrastructure and rolling stock used by the carrier.
(3) in determining a fee for the use of railway infrastructure to prevent the cross-subsidisation of passengers by rail from the revenue generated by the rail freight carrier charges for the use of infrastructure.
(4) the railway infrastructure manager is entitled to impose increased fees for the use of railway infrastructure in certain stages when this infrastructure is overloaded.
(5) the railway infrastructure manager is entitled to payment for the use of railway infrastructure apply commercially reasonable discounts. The railway infrastructure manager, for a limited period, fees for the use of railway infrastructure can apply discounts, which promote the optimal use of infrastructure capacity. Discounts may apply to specific sections of railway infrastructure by establishing similar discounts for similar services.
(6) rail infrastructure manager shall have the right to determine the financial and other types of līgumsankcij to promote the optimum use of infrastructure.
(7) in determining the charge for public use railway infrastructure services, maintenance of this infrastructure should be taken into account for the State budget.
(8) the fees for the use of railway infrastructure shall be charged of the rail infrastructure.
(9) the State public-use railway infrastructure manager received a fee for national public-use railway infrastructure shall be paid into the railway infrastructure fund.
(10) charges for the use of railway infrastructure shall not be set by the institution (company), which also provides transport services.
(11) railway infrastructure manager carrier and can offset its 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.
(12) the carrier shall be entitled to receive compensation for the loss it incurred rail infrastructure as a result of the malfunctioning.
(13) Public-use railway infrastructure manager and the carrier disputes on public railway infrastructure charging and the appearance of the two parties in binding decisions of the public service Commission Regulation, informing the State Railway Administration.
13. article. The separation of the functions of the infrastructure manager (1) if the public railway infrastructure manager is also a carrier, it must provide a separate accounting (financial report) and publishing, as well as current account opening and sorting. Features of national or local authorities granted the railway infrastructure manager, may not be transferred to the carrier, and vice versa.
(2) if the public railway infrastructure manager is also a carrier, it must ensure that these activities are carried out by individual departments.
(3) if the public railway infrastructure manager also provides railway services, charging for the use of railway infrastructure shall be determined by the public service Commission Regulation in accordance with the law "On regulators of public services". "
11. in article 14: replace the first paragraph, the words "Railway Administration" with the words "the national railway administration, the public service Commission of adjustment";
replace the first, second and third paragraph, the words "the railway technical inspection" (fold) with the words "the national railway technical inspection" (fold);
replace the third paragraph, the words "Railway Administration and the district authorities" with the words "Ministry of transport";
to make the fourth subparagraph by the following: "(4) where it is proposed to close the public use of the track, the Ministry of transport requires the National Rail Administration, the public service Commission, the relevant district municipality and the regional development and local government Ministry for two months, it shall deliver an opinion. After obtaining the opinion of the Ministry of transport prepares the necessary documents to Cabinet of Ministers decision on the track. "
12. in article 16: make the first paragraph by the following: "(1) the railway land partition boundaries of the territory of the plānojumo bar is determined according to the respective object during the construction of the existing et seq.;"
to complement the second subparagraph following the words "Ministry of transport" with the words "and approved by the Cabinet of Ministers";
to supplement the article with the fourth paragraph as follows: "(4) rail infrastructure manager is entitled to modify (reduce) the railway land partition boundaries and bar abandon land use rights, subject to the relevant laws and regulations. et seq"
13. Express article 19 by the following: ' article 19. Station change point and stop point (1) of the railway station has a set of objects that take up a specific part of the railway land partition zones and ensure railway operations.
(2) changes to the point is the distribution point vienceļ technological line, where path location for train intersection and overtaking needs rail infrastructure the district trains throughput capacity.
(3) the point is where the train stops. It is not the way the explosion, and it is intended only for embarkation and disembarkation of passengers.
(4) a station operating criteria, station work tasks and the station employee rights and obligations determined in accordance with the traffic regulations approved by the Minister.
(5) the station changes points and stop points, and those names found switch cabinet granted. "
14. Replace article 20 paragraph 2 of the second paragraph, the words "or a house the way" with the words "persons belonging to other paths".
15. Supplement article 23, under the third subparagraph by the following: "(3) the carrier is obliged to keep separate passenger and freight transport, as well as of the financial statements to ensure public access, in accordance with the relevant laws and regulations."
16. Article 24: make sixth as follows: "(6) rail freight contracts must be submitted to the coordination of the project, the national railway administration.";
turn off the eighth;
to make the ninth and tenth of the following:
"(9) if the railway is concluded contract, the carrier opens a separate checking account payments for a railway order execution and the funds in the accounts are presented separately. The carrier shall not be entitled to the money paid for the railway order, use other transport services that it provides, or other activities that it performs.
(10) the closed rail freight contracts recorded and implementation control of railway administration. ";
to supplement the article with the eleventh subparagraph by the following: "(11) closed railway passenger transport contract shall be registered with the corresponding controls the public service Regulatory Commission."
17. Add to article 25, first subparagraph, after the words "order" with the words "in the contract concluded in accordance with article 24 of this law".
18. Make the following chapter IV: Chapter IV ". Rolling stock movement coordination, and public-use railway infrastructure capacity allocation of article 26. Rolling stock (1) coordination of the movement of the rail infrastructure is coordinated by train and other rolling stock movements along their tracks, also joins with other people-owned railway infrastructure tracks.
(2) if the carrier transport is carried out by two or more railway infrastructure managers of the railway infrastructure owned by the tracks, the railway infrastructure managers are obliged to cooperate.
27. article. Public-use railway infrastructure capacity allocation principles (1) Public-use railway infrastructure manager is responsible for the allocation of railway infrastructure capacity between carriers in the management infrastructure.
(2) the railway infrastructure capacity public rail infrastructure to be distributed in respect of the principle of equality is respected, and ensure optimal use of the railway infrastructure. The procedures are divided into the railway infrastructure capacity (as well as the rail infrastructure manager's action, if the infrastructure is overloaded), down the road.
(3) the Transport Ministers of State public-use railway infrastructure capacity allocation is entitled to prioritize those railway services, which are provided to the railway order agreement and to the services, in whole or in part are produced 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 railway infrastructure capacity shall not split the institution (company), which also provides transport services. If the public-use railway infrastructure manager also provides rail transport services, the institution that will split the railway infrastructure capacity defines the Transport Ministers.
(5) the railway infrastructure is considered to be overloaded when the rolling stock indices power it uses at least 75 percent.
(6) the infrastructure manager shall have the right to raise charges for congested rail infrastructure only after developed and congested infrastructure users discussed the capacity enhancement plan.
28. article. Public-use railway infrastructure services overview and procedures for examining applications (1) public-use railway infrastructure manager traffic prescribed by the Minister shall prepare a report on the planned services (including the power) and provides public information about it.
(2) Public-use railway infrastructure capacity is allocated on the basis of the rail infrastructure of the applications submitted for the operation of the railway infrastructure.
(3) the application shall be submitted to the infrastructure manager, carrier. Application content, add documents, financial and other guarantees, escalation procedures, as well as conduct capacity allocation is determined by the Transport Ministers.
(4) the application shall be handled pursuant to article 27 of this law referred to in the second paragraph of the traffic arrangements and the Minister taking into account the available and relevant traffic to the priorities of the Minister if the split rail infrastructure capacity.
(5) in order to facilitate optimal use of the railway infrastructure, public-use railway infrastructure manager, the railway infrastructure capacity allocation of traffic prescribed by the Minister (article 27, second paragraph), is entitled to demand and receive fees for railway infrastructure capacity, if it was requested but not used.
(6) a carrier, which is assigned a specific power, this capacity is not entitled to transfer or sell to another carrier. If you violate this prohibition, the carrier may be denied further use of the railway infrastructure.
(7) for the use of railway infrastructure the infrastructure manager and the carrier shall conclude a contract, in which the governing administrative and financial affairs. For a period of longer than one working timetable period, shut down agreement on railway infrastructure, long-term use, subject to the carrier's commercial needs. "
19. Article 30: replace the title and throughout the text, the words "Railway Administration" (fold) with the words "the national railway administration" (fold);
replace the second paragraph, the words "of the Ministry of transport under the supervision of the existing public administration" with the words "is subordinated to the Ministry of transport, which is implemented in the form of supervision";
turn off third.
20. Article 31: replace the title and throughout the text, the words "Railway Administration" (fold) with the words "the national railway administration" (fold);
make the first part of paragraph 2 and 3 as follows: "2) rail freight contract projects;
3) by rail freight contracts concluded, record them and control the execution of the contract; "
make the first part of paragraph 6 by the following: ' 6) in matters within their competence, shall promote the effective and rational to the carrier; ";
make the first part of the 8, 9 and 10 of the following paragraph: "8) informing the public service Regulatory Commission, the public use of the rail infrastructure and carrier dispute on the allocation of infrastructure capacity and access to public-use railway infrastructure and adopt both decisions binding on the parties;
9) in matters within their competence, promote competition in the railway field;
10) develop railway environmental protection policy approved by the Minister of transport, developed and approved a programme of action and maintain the environmental self-control system; ";
Add to the first part of paragraph 15 with the following: "15) give an opinion on the use of certain public road or rail track closure in accordance with article 14 of this law a quarter."
21. Article 32 of the expression by the following: ' article 32. The National Rail Administration's right to request the National Rail Administration is entitled to request and receive from the public railway infrastructure managers and operators to carry out their functions, the necessary information. "
22. Article 33: to replace the title of the article, the first, third, fourth and fifth paragraphs the words "railway technical inspection" (fold) with the words "the national railway technical inspection" (fold);
make the second paragraph as follows: "(2) the national railway technical inspection is subordinated to the Ministry of transport, which is implemented in the form of supervision."
Supplement third with 6, 7 and 8 of the following: ' 6) in accordance with the laws and regulations of the carrier issue a security certificate;
7) in issuing a security certificate;
8) in accordance with the regulations to issue certificates of professional competence regulated areas. "
23. the title of Chapter VI to express the following: "chapter VI. The carrier's license, certificate of security and safety certificate ".
24. Article 34: replace the first paragraph, the words "entitled to undertakings (companies)," with the words "eligible company";
replace the second paragraph, the word "business" with the word "business";
to make the third part of the introductory paragraph as follows: "the carrier's license, a non-discriminatory manner and respecting the principle of equality is to be granted, the company which submitted the application for a carrier licence (hereinafter applicant) and has an impeccable reputation and a solid financial position, checking for this purpose:";
make the fifth subparagraph of point 2 and 3 as follows: "2) it executives are not punished for committing a criminal offence;
3) the applicant or its executives during the year is not penalized for working in administrative, health, tax, customs, commercial and other activities in the substantial infringement of the laws; "
turn off the fifth subparagraph of paragraph 4;
replace the seventh paragraph, the words "Railway Administration" with the words "the national railway administration".
25. Article 35 of the Present first and second subparagraph by the following: "(1) in order to obtain the right of access to public-use railway infrastructure and guarantee safe delivery of services in appropriate stages of infrastructure, carrier before the start of a movement to get a security certificate that is based on the public-use railway infrastructure manager's opinion, issued by the national railway technical inspection.
(2) a security certificate shall be issued by the carrier that meets the requirements of technical exploitation and enforcement of safety requirements relating to staff, rolling stock and the internal organisation of the company. "
26. To complement the chapter VI with 21.8 article as follows: "article 35.1. Security certificate (1) rail infrastructure manager and persons dealing with this law, article 3, paragraph 5, should receive a commercial security certificate.
(2) a security certificate shall be issued, annulled, suspended its activities in the national railway technical inspectorate Cabinet. "
27. Express article 36 as follows: "article 36. Railway technical operating rules binding force commercial companies as well as other railway operations involved in the legal and natural persons must provide railway technical operation rules and safety must be guaranteed. Rail traffic safety requirements are bound by other legal and natural persons, which is a direct railway near and may threaten rail traffic safety. "
28. To supplement the law with article 36.1 as follows: "article 36.1. The rolling stock and the battery (1) the owner of the rolling stock or the user according to the technical rules of operation ensures the maintenance of rolling stock and operating so as not to endanger the lives, health, railway traffic safety and the environment. (2) rolling stock maintenance and repair company, which carried out the security certificate received.
(3) special rolling stock repair and modernization agenda is determined by the Transport Ministers.
(4) the procedures adopted into newly built rolling stock or rolling stock that has performed special repair or modernisation of fixed traffic Minister.
(5) it is prohibited to operate the rolling stock that is not registered in the State Register of rolling stock. "
29. the express article 37, second subparagraph by the following: "(2) rail specialist professions, specialists in rail sliding qualification requirements and criteria, knowledge or skills testing procedures, rail specialist certificate and the certificate of professional competence for issuing, extension and cancellation of the order, the person who makes the preparation of specialists, as well as training programs and technical resources lists down traffic Minister."
30. Article 39: replace the second paragraph, the words "company" (company) "with the word" company ";
Supplement to the third part of the second sentence as follows: "Cabinet of Ministers to mandatory national public guarded the railway infrastructure and the guarding of objects."
31. Supplement article 40 by the third subparagraph by the following: "(3) rail infrastructure manager shall have the right to require that the carrier puts at his disposal resources required as quickly as possible to restore normal traffic on rail traffic accidents. The Cabinet of Ministers shall determine the resources and their compensation arrangements. "
32. Article 42 of the expression by the following: ' article 42. International agreements (1) If an international agreement that has been approved by the Saeima provides for different rules than the laws of the Republic of Latvia, of the international agreement are applied. Carrying out international occasional services must comply with the binding on the Republic of Latvia in international treaties relating to international rail transport.
(2) carriers and rail infrastructure managers have the right to represent themselves and to enter into contracts with the international railway organizations, foreign companies and their associations.
(3) the foreign company the right to be on the carrier shall be determined by national legislation. Bordering the carrier the right to access public-use railway infrastructure, not subject to this law, article 35, determined on the basis of the contract, which is closed between carrier and bordering the public railway infrastructure managers and operators. The documents certifying the carrier and the carrier of the competence and the bordering the compliance of equipment, are mutually recognized, on the basis of international agreements. "
33. the supplement to Chapter VII article 43 the following: ' article 43. European rail system interoperability (1) constructing a new trans-European high-speed rail system infrastructure, ensure train movement speeds of at least 250 kilometers per hour. Adjusting the existing rail infrastructure in high speed, it shall be equipped according to the train speed: approx. 200 kilometres per hour.
(2) constructing a new, European standard width appropriate for conventional rail infrastructure, European standards and the technical specifications for interoperability, in order to ensure that this infrastructure into the trans-European conventional rail system. Constructing or modernising an existing new (1520 mm width) conventional rail infrastructure, European standards and the technical specifications for interoperability shall apply subject to the specifics, what is the railway infrastructure with a track width of 1520 mm.
(3) the Cabinet of Ministers adopted a decision on the inclusion in the trans-European high-speed or conventional rail system and to issue rules on the European railway system interoperability.
(4) the National Rail Administration, supplementing and publication of a railway infrastructure and rolling stock register entries of each subsystem or part thereof contained in the compliance with the applicable technical specifications for interoperability requirements.
(5) a decision on the trans-European high-speed and conventional rail system to subsystem commissioning adopted national railway technical inspection. "
34. transitional provisions: transitional provisions supplementing with 8, 9, 10, 11, 12 and 13 by the following: ' 8. This law, article 13 of the third and fourth part of article 27 shall enter into force on 1 May 2004.
9. The Cabinet of Ministers within six months after the entry into force of this law shall be issued this law article 7, second paragraph, article 16, second paragraph, in the second paragraph of article 35.1, the third paragraph of article 39 and the third paragraph of article 40 of the rules laid down.
10. The Cabinet of Ministers within two months a decision on inclusion in the trans-European high-speed or conventional rail system, issued regulations on the procedures provided in the high-speed and conventional rail systems, and the information on the European rail systems to be included in the register, as well as the updating and publication of this information.
11. the Cabinet of Ministers regulations for entry into force, but no longer than up to June 1, 2004 applies to the Cabinet of Ministers of 20 October 1998 Regulation No. 410 of "methodology of strategic and regional significance for allocating railway infrastructure categories", in so far as they do not conflict with this Act.
12. the Cabinet of Ministers regulations for entry into force, but not longer than until 1 January 2005 the following is applicable to the Cabinet of Ministers regulations, in so far as they are not inconsistent with this law: 1) Cabinet of 23 March 1999, the provisions of no. 111 "Railway Administration Regulations";
2) Cabinet of 15 June 1999 the Regulation No 211 "the railway technical inspection regulations".
13. the term "company" is understood also in this Act a company or a company, but the term "commercial activity", the law "on business" business. "
35. To supplement the law with the informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions arising from the Directive 91/440/EEC, 95/18/EC, 96/48/EC, 2001/12/EC, 2001/13/EC, 2001/14/EC and 2001/16/EC. '
The Parliament adopted the law of 4 March 2004.
State v. President Vaira Vīķe-Freiberga in Riga on 24 March 2004, an editorial added: the law shall enter into force on 7 April 2004.