Railway Act

Original Language Title: Spoorwegwet

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Law of 23 April 2003, laying down new general rules on the construction, management, accessibility and use of railways and on rail traffic (Railway Act)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken into consideration the fact that it is Directives 91 /440/EEC , 18 , 96 /48/EC , 2001 /12/EC , 2001 /13/EC , 2001 /14/EC and 2001 /16/EC and bearing in mind the importance of the protection of the environment, it is necessary to lay down legal provisions on the construction, management and use of railways and to promote the desired use of the Community's railways in the Community. railways is desirable, to capture the responsibility of the State for the construction of railway infrastructure, to separate the responsibility for transport and rail infrastructure and to the public interests involved in the management of the railway infrastructure. of railway infrastructure to be assured by the introduction of a concession system for the to promote the management, use of railways by providing transparent and non-discriminatory regulations and, furthermore, to modernise the legislation on the railways;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter 1. General provisions

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Article 1

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  • 1 The following shall be understood in this Act and the provisions which are based thereon:

    • Notified body: notified body as referred to in Article 2 (j) of Directive 2008 /57/EC;

    • Consumer Authority and Market Authority: the Consumer and Market Authority, mentioned in Article 2, 1st paragraph, of the Incomposition Act Authority of Consumer and Market ;

    • Administrator: holder of a concession as referred to in Article 16, first paragraph ;

    • certificate: licence documents as referred to in Article 3 (j) of Directive 2007 /59/EC;

    • Special railway: railway that is not designated as a local railway on the grounds of Article 2, second paragraph, of the Local Rail Act , and not as a main railway on the grounds of Article 2 of this law;

    • Capacity: Capacity of the main railway infrastructure;

    • Service provision: 'service provision' as referred to in Article 3 (11) of Directive 2012 /34/EU;

    • Operator of a service provision: operator of a service provision as referred to in Article 3 (12) of Directive 2012 /34/EU;

    • use of a main railway: driving or stationary on a main railway with a rail vehicle;

    • Entitled: entitled 'entitled' as intended Article 57 ;

    • Main railway: on the basis of Article 2 railway designated as the main railway;

    • Main railway infrastructure: railway infrastructure, whereby the railways are designated as the main railways;

    • holder of the rail vehicle: the person or entity that owns a rail vehicle or has the right to use it, operates it as a means of transport and as a holder in the register, intended Article 37, second paragraph , is registered;

    • International passenger transport service: International Passenger Transport Service as referred to in Article 3 (5) of Directive 2012 /34/EU;

    • Interoperability constituent: Interoperability constituent as referred to in Article 2 (f) of Directive 2008 /57/EC;

    • framework agreement: framework agreement as referred to in Article 42 of Directive 2012 /34/EU;

    • Approval authority: Authority designated on the basis of Article 93 ;

    • State: Member State of the European Union or any other State party to the Agreement on the European Economic Area;

    • Driver licence: authorisation referred to in Article 4 of Directive 2007 /59/EC;

    • minimum access package: the minimum access package referred to in Annex II (1) to Directive 2012 /34/EU;

    • Network statement: Network statement as referred to in Article 27 of Directive 2012 /34/EU;

    • Our Minister: Our Minister of Infrastructure and the Environment;

    • Rightholder: owner, owner or person holding a right of leaseholder, on the holding, for the purpose of usufruct, on the use, rent or pacht;

    • Rail vehicle: Vehicle intended for the movement of railways;

    • railway: road intended for traffic over rails or guide rails;

    • railway infrastructure: railways and the elements of railway infrastructure forming part of them as referred to in Annex I to Directive 2012 /34/EU;

    • railway undertaking: railway undertaking as referred to in Article 3 (1) of Directive 2012 /34/EU, as well as any other undertaking which uses or intends to make use of the railway and has gained traction in such a way;

    • Subsystem: structural subsystem as referred to in Annex II of Directive 2008 /57/EC;

    • Technical specification for interoperability: technical specification for interoperability as referred to in Article 2 (i) of Directive 2008 /57/EC;

    • Access agreement: access agreement as specified in Article 59 ;

    • security function: Function of driver of a rail vehicle or any other general measure of management defined, function within the railway system of a railway system which has a significant impact on the safety of rail traffic;

    • improvement: Improvement referred to in Article 2 (m) of Directive 2008 /57/EC;

    • renewal: renewal as referred to in Article 2 (n) of Directive 2008 /57/EC.

  • 2 The following provisions shall also apply in this Act and the provisions based thereon:

    • Directive 96 /48/EC: Directive No 96 /48/EC of 23 July 1996 of the Council of the European Union on the interoperability of the trans-European high-speed rail system (PbEG L 235/ 6);

    • Directive 2001 /16/EC: Directive No 2001 /16/EC of the European Parliament and of the Council of the European Union of 19 March 2001 on the interoperability of the trans-European conventional rail system (PbEG L 110/ 1);

    • Directive 2004 /49/EC: Directive No 2004 /49/EC of the European Parliament and of the Council of the European Union of 29 April 2004 on safety on Community railways and amending Council Directive 95 /18/EC on the granting of licences railway undertakings and Council Directive 2001 /14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure, as well as on safety certification (Railway Safety Directive) (PbEU L 220/44);

    • Directive 2007 /59/EC: Directive No 2007 /59/EC of the European Parliament and of the Council of the European Union of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system of the Community (PbEU L 315/51);

    • Directive 2008 /57/EC: Directive No 2008 /57/EC of the European Parliament and of the Council of the European Union of 17 June 2008 on the interoperability of the rail system within the Community (PbEU L 191/ 1);

    • Directive 2012 /34/EU: Directive 2012 /34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (PbEU 2012, L 343/32).


Article 2

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  • 1 This law shall apply to the main railways designated as such by Royal Decree and to special railways.

  • 2 A railway shall be designated as the main railway, if:

    • a. The railway is intended solely or principally for the provision of public transport or goods transport for the benefit of international, national or regional links; and

    • (b) The State shall be entitled to the railway.

  • 3 [ Red: This member has not yet entered into force.]

  • 4 A decision pursuant to paragraph 1 or third paragraph shall be placed in the Official Gazette.


Article 3

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It shall be prohibited to behave in such a way as to cause or cause danger on the railway or to obstruct or hinder the traffic on the railway.


Article 4

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  • 1 It is prohibited to exercise a function of safety or to supervise the exercise of such function while it is under the influence of a substance which he knows or reasonably has to suspect that its use is able to reduce, in combination with another substance, the ability to exercise that function or to monitor the exercise of that function, that it does not have the proper exercise of that function or the proper monitoring of the exercise of that function must be regarded as capable of being exercised.

  • 2 It is prohibited to perform a safety function, or to supervise the exercise of such function after the use of alcoholic beverage in such a way that:

    • a. The alcoholic strength of his breath in an investigation appears to be higher than two hundred and twenty micrograms of alcohol per litre of breath-taken air, or

    • b. the blood alcohol content of his blood at an examination appears to be higher than half a milligram of alcohol per millilitre of blood.

  • 3 It is prohibited to perform a safety function or to supervise the exercise of such function by a person who is known or reasonably needs to know that it is in a situation such as that in the first or second of the years; member is defined.

  • 4 On the initial claim of at or under Article 86 of this Act or Article 141 of the Code of Criminal Procedure persons responsible for the detection of criminal offences are persons who exercise or supervise, or are required to cooperate with, persons who exercise a safety function or who are responsible for the exercise of such functions. Preliminary examination of airborne air and, to that end, should be provided by the official to provide breathing air in a device designated by that official.

Chapter 2 Main railway infrastructure

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§ 1. General

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Article 5

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Our Minister is responsible for the construction and management of main railway infrastructure.


§ 2. The characteristics of main railway infrastructure

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Article 6

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  • 1 Main rail infrastructure shall comply with rules and detailed rules for basic quality, establishment, equipment and technical characteristics, under or pursuant to general management measures, including rules on:

    • a. General characteristics of the infrastructure;

    • b. construction and maintenance;

    • c. Security;

    • d. Construction works;

    • e. telecommunications equipment;

    • f. works of art;

    • g. railway crossings;

    • h. remote control;

    • i. energy supply.

  • 2 The nomination for a general measure of directors to be adopted under paragraph 1 shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.

  • 3 The rules to be laid down pursuant to paragraph 1 in respect of a subject which is also provided for by a decision of one or more of the institutions of the European Union shall not be in conflict with that decision.

  • 4 In the rules to be laid down pursuant to paragraph 1, it may be determined that our Minister has the power to waive those rules at the administrator's request.

  • 5 A change in the technical or functional characteristics of the main railway infrastructure which substantially changes the possibilities for use of the main railways is subject to the prior consent of our Minister. In his request for consent, the administrator shall state the views of the parties concerned and, to the extent that the change differs from those points of view, a sound justification for that derogation.

  • 6 The fifth paragraph does not apply to any modification of the technical or functional characteristics, in the case of an improvement or renewal, for which the Minister for the service of the service is subject to a new authorisation for entry into service. Entry into service as intended Article 9 (3) , has granted.


Article 7 [ Verfalls per 25-07-2012]

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§ 3. Interoperability of main railway infrastructure

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Article 8

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  • 1 An administrator is forbidden to employ a new main railway without our Minister having granted a permit to put in service.

  • Our Minister grants the authorisation for placing in service if the relevant subsystems are:

    • a. comply with the technical specifications for interoperability applicable to them;

    • b. comply with the compliance Article 6, first paragraph , established rules designated under the arrangements of our Minister, in compliance with Article 17 of Directive 2008 /57/EC, for the subsystems in order to comply with the essential requirements of that Directive;

    • c. comply with the Article 6, first paragraph , established rules designated by the Minister for the interoperability of subsystems pursuant to a technical specification for interoperability referred to in subparagraph (a) for the interoperability of subsystems,

    • d. comply with the Article 6, first paragraph , established rules, designated by the Secretary of State for the subsystems to draw up the open points included in one or more technical specifications for interoperability, referred to in paragraph (a);

    • (e) comply with the requirements set out in Article 15, first and second paragraph, of Directive 2008 /57/EC.

  • 3 Our Minister may, upon application, subject to Article 9 of Directive 2008 /57/EC, leave one or more technical specifications for interoperability to be fully or partially excluded.

  • 4 Our Minister may waive the prohibition set out in paragraph 1 on application prior to authorisation as provided for in the first paragraph. The exemption may be granted under restrictions. Rules may be attached to the exemption.

  • 5 The specifications, referred to in paragraph 2 (a) and the rules referred to in paragraph 2 (b), shall be indicated by a valid EC declaration of verification as referred to in Article 18 of Directive 2008 /57/EC.

  • 6 The compliance with the rules referred to in paragraphs 1 and d of paragraph 2 shall be shown by a valid declaration of a notified body or of an inspection body.

  • 7 Our Minister may, subject to the conditions laid down in Article 1 (3) of Directive 2008 /57/EC, waive the technical specifications, rules or requirements referred to in the second paragraph, upon application. The exemption may be granted under restrictions. Rules may be attached to the exemption. Under a ministerial arrangement, rules may be laid down to define the main railways for which the derogation is possible, with a view to ensuring the safe use of the railways and the procedures which may apply in the case of exemption.


Article 9

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  • 1 An administrator shall be prohibited to employ a renewal or improvement in the main railway infrastructure without:

    • (a) prior submission of an information file as referred to in the second paragraph; and

    • (b) a permit or new authorisation for the entry into service, if our Minister has required it under the third paragraph.

  • 2 The person who procures improvement or renewal in the case of main railway infrastructure shall submit to our Minister an information folder describing the project.

  • 3 Our Minister requires, on the basis of the information file referred to in the second paragraph, a permit, respectively, a new authorisation for inservice, if the scale of the intended improvement or renewal or the possible consequences for the safety of an affected subsystem that makes or makes it necessary.

  • 4 Article 8, second, third and seventh members and the provisions of Article 8 (7) apply to the granting of the authorization and of the new authorisation for entry into service referred to in paragraph 3, subject to the condition that those members of that Article shall apply. shall be on the improvement or renewal.

  • 5 Our Minister may, on request, on grounds other than those mentioned in Article 9, first paragraph, of Directive 2008 /57/EC, subject to Article 20 of that Directive, one or more technical specifications for interoperability, in whole or in part no longer apply.

  • 6 Our Minister may waive the prohibition set out in paragraph 1 on application prior to authorisation as provided for in the first paragraph. The exemption may be granted under restrictions. Rules may be attached to the exemption.

  • 7 The conformity of the upgraded or renewed subsystem to the requirements applicable under paragraph 4 shall be demonstrated by the review of a notified body or of an inspection body.


Article 10 [ Expaed by 01-04-2012]

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Article 11 [ Expired by 01-04-2012]

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Article 12

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  • 1 An EC declaration of verification as referred to in Article 8 (5) , complies with Annex V to Directive 2008 /57/EC.

  • 2 The issue of an EC declaration of verification as referred to in Article 8 (5) , shall be in accordance with Article 18 of and Annex VI to Directive 2008 /57/EC.

  • 3 In the case of, or under general management, detailed rules may be laid down for the issue of the EC declaration of verification, Article 8 (5) and the declaration referred to in Article 8 (6).

  • 4 In the case of, or under general management, detailed rules may be laid down on the issue and the rules on the application for the authorisation for entry into service, as referred to in Article 4 (2). Article 8, first paragraph , and of the permit or new authorisation for entry into service, intended in Article 9 (3) .

  • 5 In the case of, or under general management measure, rules may be laid down concerning the recording or storage of data on:


Article 13

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It shall be prohibited to issue an EC declaration of verification in accordance with Article 8 (5) , to be issued if the subsystems concerned do not comply with a valid declaration by a notified body in accordance with Article 8 (2) (a) and (b).


Article 14 [ Expaed by 01-04-2012]

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Article 15 [ Expaed by 01-04-2012]

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§ 4. Management of main railway infrastructure

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Article 16

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  • 1 Our Minister grants one or more concessions for the management of the main railway infrastructure. The management shall include the following:

    • a. the quality, reliability and availability of that infrastructure;

    • b. a fair, non-discriminatory and transparent distribution of the capacity of that infrastructure for the benefit of the administrator and for the purposes of railway undertakings;

    • c. lead of the traffic on that infrastructure.

  • 2 A concession shall contain a description of the work in respect of which the concession is granted.

  • 3 A concession complies with the requirements set out in Article 30, second paragraph, of Directive 2012 /34/EU.

  • 4 A concession shall not be granted to a railway undertaking subject to compliance with the provisions of Article 7 (1) and (2) of Directive 2012 /34/EU.


Article 16a

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  • 1 An administrator shall have the performance of the tasks specified in: Article 16, first paragraph , other than for the purpose of the construction of main railway infrastructure on a valid safety authorisation as provided for in Article 11 of Directive 2004 /49/EC.

  • 2 Our Minister grants on request a safety authorisation to the administrator, if he has a safety management system that:

    • (a) complies with Article 9 (1), first, second and third paragraphs, of Directive 2004 /49/EC;

    • b. is operationalised in such a way as to allow for the safe management and use of main railway infrastructure.

  • 3 A safety permit shall be valid for a maximum period of five years.

  • 4 Our Minister is withdrawing a security permit if the administrator ' s safety management system no longer meets the second member.

  • 5 The administrator shall use the safety management system referred to in paragraph 2 in the performance of the tasks referred to in paragraph 1 to control all the risks arising from those tasks.

  • 6 In the case of, or under a general measure of management, detailed rules on the implementation of this Article may be given, including:

    • a. Rules with respect to the application for a safety permit; and

    • b. detailed rules regarding the safety management system.


Article 16b

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  • 1 An administrator shall keep a register of the railway infrastructure that complies with Article 35 of Directive 2008 /57/EC.

  • 2 An administrator shall keep and publish the register referred to in paragraph 1, in accordance with rules to be determined by ministerial order.

  • 3 An administrator shall submit an asset register that complies with Article 30, seventh paragraph, of Directive 2012 /34/EU.

  • 4 An administrator shall draw up an annual report on railway safety that complies with the fourth paragraph of Article 9 of Directive 2004 /49/EC and shall forward that report to our Minister for 1 July.


Article 17

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  • 1 In any case, the concession shall in any case be subject to rules to ensure that:

    • a. The main railway infrastructure is in good condition and is suitable for the traffic or other use for which it is intended;

    • b. The main railway infrastructure can be safely and efficiently prepared without excessive wear to rail vehicles;

    • c. The risks of use and management of the safety of the main railway infrastructure shall be analysed and appropriate measures taken, including, where necessary, non-service of a section of the main railway, to be used to adequate control of risks, taking into account the specific requirements of the expected management and the state of the art;

    • d. to comply with Directive 2012 /34/EU;

    • e. The manager is financially tolerant and professional;

    The requirements set out in points (a) to (e) may relate to performance to be delivered by the administrator on the basis of the concession.

  • 2 In any case, the concession shall in any case be subject to rules on:

    • a. Manager to charge services for services to third parties;

    • b. providing information to our Minister for the benefit of:

      • 1 °. the supervision of compliance with the concession;

      • 2 °. fulfilling the obligations of our Minister in respect of the main railways as a result of the Articles 11.6 and 11.11 of the Environmental Protection Act implementing Directive No -2002 /49/EC of the European Parliament and of the Council of the European Union of 25 June 2002 on the evaluation and control of environmental noise (PbEG L 189);

      • 3 °. fulfilling the obligations of our Minister in respect of the main railways as a result of the Article 12.13, first paragraph, of the Environment ;

    • (c) the establishment of a financial responsibility for carrying out the concession, which is accountable to the concession for other activities; and

    • d. Changes of main railway infrastructure that the administrator procures and as an improvement or renewal as intended in Article 9, first paragraph The following shall be considered.

  • 3 The requirement of a concession may be that the administrator, if he fails to perform a particular performance, is required to comply with the Minister's obligation.


Article 17a

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  • 1 The administrator shall establish a management plan that complies with Article 8, third paragraph, of Directive 2012 /34/EU and lays down the requirements of the concession granted to it.

  • 2 A requirement shall be attached to the concession in respect of the duration of the management plan.


Article 17b

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  • 2 The administrator shall give the beneficiaries the opportunity to consult with him before the opinion is delivered.

  • 3 The opinion referred to in paragraph 1 shall be requested at such a time that it may have a material impact on the management plan to be set up by the administrator.

  • 4 If, after the opinion of the beneficiaries, a decision is taken in respect of the parts of the management plan referred to in paragraph 1, the person entitled to benefit shall be given as soon as possible by the administrator, but no later than four weeks before the end of the decision. shall notify the decision in writing. If the opinion of the beneficiaries is not or not fully followed, it shall also be communicated to them, why that opinion has been derogated from and shall be given the opportunity to consult with the administrator within four weeks before the action is taken. gives to the decision.

  • 5 In the case of, or under general management, detailed rules may be laid down for the time limits laid down in the advisory procedure and the consultation procedure provided for in this Article.


Article 18

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  • 1 Our Minister may revoke a concession in whole or in part if the administrator fails to comply with the concession or a statutory regulation for the administrator.

  • 2 Our Minister shall not withdraw from revocation beyond the time after he has given the administrator the opportunity to bring his action in accordance with the concession, or the legal requirement, within a time limit to be determined for that purpose.

  • 3 Before our Minister grants, amends, or withdraws in whole or in part, he shall propose to those entitled to Article 57 on an opportunity to present their views during a period of not more than three weeks to be determined by our Minister.

  • 4 A concession shall be granted not earlier than four weeks after the draft has been submitted to both Chambers of the States General.

  • 5 In the case of a general measure of management, detailed rules may be laid down on the granting or modification of a concession and on the rules to be made to a concession.


Article 18a

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  • 1 A decision to grant or alter a concession may be taken if the administrator has disclosed to the concession contract within four days of the day on which the intended decision has been disclosed to him that he is the concession is not accepted without reservation.

  • 2 If a decision to grant or alter a concession has been taken in compliance with paragraph 1, the decision shall be published in the first paragraph of the first paragraph, within four weeks of the date of publication of the proposed act. State Gazette.


Article 19

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  • 1 It is forbidden without the permission of Our Minister to make use of the main railways and the grounds on which they are also based, other than those to which they are intended:

    • a. Within the boundary of the main railway, on, in, under, above or adjacent to the main railway, building works or other opstables to be directed, to affea, to make or to have plants, cables, piping, or planting, than carry out or carry out related works therewith;

    • b. Within the boundary of the main railway, to deposit, into, under or adjacent to the main railway, solids or liquids, with the exception of solids or liquids released from the normal operations of the railway. railway vehicles;

    • c. within the boundary of the main railway, on, in, below, above or adjacent to the main railway, place or lay down items or carry out excavated work or carry out these activities;

    • d. within 14 metres of the boundary of the main railway, to have or to store highly flammable substances.

  • 2 A licence under the first paragraph may be granted under restrictions. The licence may be subject to rules, including for the protection of the main railway, in the interests of the safe and efficient use of the railway or the financial interests of the State.

  • 3 The first paragraph shall not apply to the conduct of the management of the main railway infrastructure.


Article 20

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  • 1 In the case of a main railway, the boundary of the main railway shall be: Article 19 , on either side formed by a line lying at a distance:

    • a. 11 metres from a main railway at the cutting field level measured from the heart of the outer track, being an imaginary line in the longitudinal direction of the track in the middle of the rail between the two rails;

    • b. 6 metres from a main railway in ingraving measured from the top of the ingraving;

    • c. from six metres at a main railway in coughing measured from the toe of the talud;

    • d. which is equal to the distance between the top of the rail and the mower horizontally measured from the outer wall of the tunnel, in a vertical line to the mower field, where these boundaries are at least 11 metres from the heart from the track, if it concerns a drilled, excavated or watered tunnel at a main railway;

    • e. In the case of a main railway on or in a fixed structure other than those specified in points (a) to (d), six metres from a horizontal line, twice the distance between the top edge of the rail and the mower from the line outer edge of the construction, where these boundaries are at least located at 11 meters from the heart of the outer track.

  • 2 If, in the case of a main railway in ingraving or in coughing, the distance between the heart of the outer track and the upper part of the ingraving or toe of the talud is less than five metres, the limit shall be determined in accordance with the first member, part (a).

  • 3 If the soil conditions are used to this end, the administrator may decide, by a decision of our Minister, that a limit may be set which differs from that of the first or second members.

  • 4 By way of derogation from paragraph 1 (a), a part of the main railway intended solely or principally for the provision of goods for the provision of goods for the local declosure of port and port shall be limited to a maximum limit of the number of industrial areas, formed by a line lying at a distance of three meters on the mower level, measured from the heart of the outer track. When due Article 2 or 124 A railway shall be designated as the main railway, determining whether the main railway is below the scope of this paragraph.


Article 21

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  • 1 It is prohibited to build, lay down, establish, establish, or impose a meter or higher than the mower field on either side of the main railway track for public traffic outside the builtup, within an open position flat that is formed by vertices in the heart of the outer track at five hundred meters on either side of the axis of the road and at eleven metres out of the heart of the track in the axis of the road.

  • 2 Our Minister may waive the prohibition contained in the first paragraph. The exemption may be granted under restrictions. The exemption may be subject to rules in the interests of the safe and efficient use of the railway or of the financial interests of the State.

  • 3 By way of derogation from the first paragraph, an open road open to public traffic outside the builtup area which is part of a main railway, as referred to in paragraph 1, shall be Article 20 (4) , the plane, meant in the first paragraph, formed by vertices in the heart of the outer track at 50 metres on either side of the axis of the road and at eleven metres from the heart of the track in the axis of the road.


Article 22

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  • 1 It shall be prohibited:

    • a. Otherwise, to intervene as a legitimate user in the operation or operation of installations of the main railway infrastructure;

    • to damage, destroy, dispose of, dispose of, disrupt, relocate or in any way alter the main railway infrastructure or parts thereof;

    • (c) on or by parts of a main railway, with the exception of a platform which is not situated in a cross-ground crossing with road, road or road open to the public or to drive it by or by the animals or run;

    • d. to perform any operation on or near the main railway undertaking which may hinder or impede the management of the main railway infrastructure.

  • 2 The first paragraph shall not apply to:

    • (a) conduct of the management;

    • b. the exercise of a security function;

    • (c) the exercise of a statutory task;

    • (d) carrying out work on behalf of a railway undertaking having a safety certificate as referred to in Annex I, Article 32, first paragraph , or a pilot certificate as intended Article 34 ;

    • e. the exercise of the holding of a railway vehicle and the pursuit of a railway vehicle on behalf of the holder; and

    • f. the exercise of training activities for a safety function and the assessment of compliance with the requirements for a security function;

    • g. the exercise of other activities on behalf of the administrator.


Article 23

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In the case of a general measure of administration, detailed rules may be laid down for the implementation of the Articles 19 to 22 .


Article 24

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  • 1 Without prejudice to any provisions adopted pursuant to or under other laws, contact shall be provided, cut-down or bridging of other public utility infrastructure by the main railways, the construction of which has been assigned or authorised for the purposes of the State, Were tolerated by the rightholder in respect of that other infrastructure. Public utility infrastructure shall, in any case, be understood as infrastructure in which the management of, or under-law is entrusted to, and infrastructure in administration to a public entity.

  • 2 In the case of or under general management measures, rules on financing, maintenance, maintenance, construction, extension, sharing and distribution of the use of works of art, to the extent that they serve, may be established Touch, cut-through or bridging as referred to in the first paragraph.


Article 25

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This paragraph shall apply without restriction to the rightholder in respect of the land situated in, or adjacent to, the main railway infrastructure, the works situated therein and the accommodation situated thereon.


§ 5. Provisions concerning stations and loading and loading sites

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Article 26

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  • 1 The person entitled to travel directly to the main railway station shall ensure that passengers, via the halls, tunnels, staircases and lifts present in the railway station, with their logical and clear routes, are safe and suitable for use. have access to platforms and railway vehicles.

  • 2 The obligations of a rightholder on the basis of the first paragraph include in respect of disabled persons and persons with reduced mobility the compliance with Article 21 of Regulation (EU) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of passengers in rail transport (PbEU 2007, L 315).

  • 3 Under the station, the first paragraph means a building or work which, according to its construction and décor, is wholly or partly intended for the arrival and departure of railway vehicles with a view to the entry, off, or transfer of passengers.

  • 4 If the safe and adequate access to platforms, loading or unloading sites, or railway vehicles is or is likely to be compromised, our Minister shall give the relevant rightholder a binding indication to ensure such access. Our Minister may also give the relevant rightholder a binding indication of physical facilities for the promotion of social security at stations.

  • 5 Desrequested advises the administrator Our Minister on the application of the fourth member.

Chapter 3. The railway company

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§ 1. General

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Article 27

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  • 1 A railway undertaking shall have the right, on a non-discriminatory basis, to access to main railway infrastructure in so far as it concerns the use of rail vehicles and for the purposes of the minimum access package.

  • 2 No access to main railway infrastructure as referred to in the first paragraph shall have a railway undertaking:

    • a. which does not have a valid business licence;

    • b. Which does not have a valid safety certificate or certificate;

    • c. Which does not comply with the requirements of the Article 55 Insurance Obligation in force;

    • d. if the right to that access does not result directly from an access agreement as intended in Article 59 ;

    • e. which is otherwise not entitled to use the main railway infrastructure, referred to in paragraph 1.

  • 3 In the case of a general management measure, conditions and restrictions may be exempted from the second paragraph by, in accordance with Article 2 (2) of Directive 2012 /34/EU, the conditions and restrictions to be laid down by virtue of the general measure of management, part a, and subject to Article 3 of Directive 2004 /49/EC, under the conditions and restrictions to be granted to or under general management measures, exemption from the second paragraph, part b.

  • 4 An administrator has, by way of derogation from the second paragraph, under d for the purpose of carrying out the duties, Article 16, first paragraph , as a railway undertaking, access to main railway infrastructure as referred to in the first paragraph without directly deriving the right from an access agreement, except that the operator shall, in so far as it is intended to do so, Article 53 of Directive 2012 /34/EU shall have a distributed capacity.


§ 2. The business licence for railway undertakings

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Article 28

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  • 1 Our Minister grants, upon application, a business licence to an undertaking established in the Netherlands, if it satisfies the requirements of good name, financial standing and professional competence, and the Article 55 Insurance Obligation Arising.

  • 2 Our Minister may, for any type of use of the main railway described by or under general measure of management, when granting a business licence one or more of the at or under general measure of management designated, in the leaving all or part of the requirements referred to in the first paragraph. In this case, a restricted business licence shall be valid only for the purposes of the use for which it is granted.

  • 3 Our Minister shall decide within 13 weeks on the application.

  • 4 Provisions may be attached to the licence. The authorisation shall be granted for an indefinite period of time.

  • 5 Our Minister may, of its own motion or at the request of the holder of the authorization, amend the licence, undertake further requirements of the authorization and supplement or amend the rules attached to the authorization.


Article 29

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Our Minister shall suspend or revoke the business permit if:

  • a. The permit holder no longer complies with the application or Article 28 applicable requirements or requirements;

  • (b) the safety of rail traffic by changing the legal position of the holder in the event of a merger or a business takeover, in the opinion of our Minister, is no longer guaranteed or

  • (c) in the event of a repetition of an irrevocable judicial decision, it was established that the holder of the authorisation or his/her directors determined that the provisions of this law or the applicable rules on working conditions or working time are applicable to or under It has been determined by an irrevocable decision that it has seriously infringed the provisions of that law or the applicable rules on working conditions or working time.


Article 30

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  • 1 An authorisation referred to in Article 3 (14) of Directive 2012 /34/EU granted by a competent authority of another Member State to a railway undertaking established there shall, for the purposes of this Law, be treated as equivalent to: a business licence, granted on the basis of Article 28, first paragraph .

  • 2 With a business licence issued on the basis of Article 28, first paragraph The following shall also be treated in the same way for the purposes of this Law:

    • (a) the documents defined by Ministerial Regulations which have been issued abroad by the competent authority and which are capable of sufficient proof of compliance with the conditions laid down in Article 4 (2) of the Treaty; Article 28, first paragraph , requirements referred to;

    • b. a decision of Our Minister certifying that a railway undertaking located abroad is at least satisfied with the requirements of the Article 28, first paragraph , mentioned demands.

  • 3 Article 29 shall apply mutatis mutandis to the equivalence of equivalence under the second paragraph.


Article 31

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Detailed rules on the implementation of this paragraph, including rules on the implementation of this paragraph, shall be given, or under general measure, to be implemented under general management

  • a. the application of the Article 28 , first paragraph, requirements referred to;

  • (b) the granting, refusal, modification, suspension or revocation of a business licence;

  • c. The rules and restrictions to be attached to the business licence.


§ 3. Safety certificate

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Article 32

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  • 1 Our Minister, upon application by a railway undertaking, shall issue a safety certificate as referred to in Article 10 of Directive 2004 /49/EC consisting of:

    • a. A certificate A for the safety management system that is granted if the safety management system complies with Article 9 and Annex III to Directive 2004 /49/EC;

    • b. A B certificate for the provisions made by the railway undertaking in accordance with Annex IV to Directive 2004 /49/EC to comply with the rules laid down in or pursuant to this Law.

  • 2 A safety management system for which a certificate as referred to in Article 10 (2) (a) of Directive 2004 /49/EC has been issued by a competent authority in another Member State of the European Union shall be used for the purposes of the award of a certificate of conformity to the competent authorities of the Member States. the safety certificate assimilated to an 'A' certificate referred to in paragraph 1 (a).

  • 3 A safety certificate as referred to in Article 10 (2) (a) of Directive 2004 /49/EC, issued by a competent authority in a Member State of the European Union, shall be issued at the border with regard to the border; Management of the main railways to be identified, and where the requirements to be made to or pursuant to general management measures are met, shall be deemed to be a B certificate as referred to in paragraph 1 (b).

  • 4 Our Minister grants, on application to an administrator, by way of derogation from the first member, a safety certificate, if he has one based on Article 16a safety authorisation granted.

  • 5 An administrator shall use a safety certificate issued under paragraph 4 only for the purpose of performing the tasks specified in the Article 16, first paragraph .


Article 33

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  • 1 The safety certificate shall be valid for a maximum period of five years.

  • 2 The safety certificate may be subject to restrictions and regulations in the interest of safety on and in the immediate vicinity of the main railway.

  • 3 Our Minister may suspend or revoke the safety certificate:

    • a. for acting in violation of this chapter;

    • b. In the interest of safety on and in the immediate vicinity of the main railway;

    • c. if the certificate holder's business licence has been suspended or revoked;

    • d. if the certificate referred to in Article 32, second paragraph , has been withdrawn by a competent authority in another Member State of the European Union.

  • 4 Our Minister may, of its own motion or on application, amend the safety certificate or the restrictions and regulations attached thereto, taking into account the importance of safety on and in the immediate vicinity of the main railway.


Article 34

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  • 1 Our Minister may grant a test certificate to the person who has applied for a safety certificate or to the certificate holder who has requested a change in the safety certificate.

  • 2 The pilot certificate shall be issued for the purpose of obtaining experience or testing procedures or railway vehicles for the purposes of granting or amending a safety certificate.

  • 3 The certificate of proof shall be valid for a maximum period of 13 weeks and shall be cancelled by law in the event of the grant or amendment referred to in paragraph 2. If application has been given to Article 32, second paragraph, second sentence , the test certificate shall expire from the day following the last day of the period laid down by that provision.


Article 35

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More detailed rules on the implementation of this paragraph, including rules on:

  • (a) the granting, refusal, modification, suspension or revocation of a safety certificate and of a certificate of proof;

  • b. The rules and limitations to be attached to a safety certificate and a pilot certificate;

  • c. the business processes that are at least included in the safety management system.


§ 4. Use, compatibility and interoperability of rail vehicles and interoperability constituents

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Article 36

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  • 1 The railway undertaking is prohibited from using main railway infrastructure, with a railway vehicle for which our Minister does not permit the entry into service referred to in the third paragraph and an additional licence for 'put into service' as referred to in paragraph 5. Upon request, our Minister may, after hearing the administrator, waive this prohibition. The exemption may be granted under restrictions. Rules may be attached to the exemption. Under ministerial arrangements, rules may be laid down for which railway vehicles and in which cases a derogation may be possible.

  • 2 The first paragraph shall not apply to general management measures having regard to Article 21 of Directive 2008 /57/EC, designated rail vehicles.

  • 3 Our Minister, after having heard the administrator, grants an authorisation for the service provided if:

    • a. Any subsystem of the rail vehicle complies with the technical specifications for interoperability applicable to it;

    • (b) any subsystem of the rail vehicle complies with the rules applicable to that subsystem, pursuant to Article 17 of Directive 2008 /57/EC, on the basis of the provisions of Article 17 of Directive 2008 /57/EC for the implementation of the essential requirements of Directive 2008 /57/EC;

    • c. any subsystem of the rail vehicle complies with the requirements laid down by the Secretary of State for this purpose in order to draw up the open points included in one or more technical specifications for interoperability referred to in paragraph (a); other than for the purpose of the compatibility of a rail vehicle with the main railway infrastructure;

    • d. each subsystem complies with the requirements set out in Article 15, first and second paragraph, of Directive 2008 /57/EC, and

    • e. the railway vehicle complies with the requirements laid down by the Secretary of State for the compatibility of a railway vehicle with the main railway infrastructure.

  • 4 Our Minister may, on application, subject to Article 9 of Directive 2008 /57/EC, not apply a technical specification for interoperability relating to interoperability.

  • Our Minister, after having heard the administrator, granted an additional authorisation for the service provided if:

    • a. The rail vehicle has already been authorised in another State;

    • (b) a subsystem of the rail vehicle that has been provided with a valid EC declaration of verification complies with the requirements for the specific cases applicable to the Netherlands in the TSIs applicable to one or more of the subsystem (s);

    • c. it does not demonstrate any significant safety risk for any of the rail vehicles without a valid EC declaration of verification as referred to in Article 18 of Directive 2008 /57/EC, and

    • d. The railway vehicle shall comply with the requirements set out in the third paragraph.

  • 6 The requirements referred to in points (a) and (b) of paragraph 3 of paragraph 3 of this Article are shown in a valid EC declaration of verification as referred to in Article 18 of Directive 2008 /57/EC.

  • 7 The requirements referred to in paragraph 3 (c) and (e) shall be the result of a valid declaration of a notified body or of an inspection body.

  • 8 Our Minister may attach to the authorisation for entry into service or additional authorisation for the compatibility of the railway vehicle with the main railway infrastructure regulations and restrictions.

  • 9 Our Minister may, upon request, after having heard the administrator, waive the rules referred to in the third paragraph, parts c and e. The exemption may be granted under restrictions. Rules may be attached to the exemption.

  • 10 Our Minister may, on application, subject to the conditions laid down in Article 1 (3) of Directive 2008 /57/EC, waive the technical specifications and requirements referred to in paragraphs (b) and (b) respectively of the third paragraph. the rules referred to in paragraph 5 (b). The exemption may be granted under restrictions. Rules may be attached to the exemption. Under ministerial arrangements, rules may be laid down for the definition of railway vehicles which may be used on specified main railways and for the safe use of those rail vehicles on the main railways and on the other hand of railway vehicles. the procedures to be applied in the event of exemption.


Article 37

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  • 1 The railway undertaking is prohibited from using any main railway infrastructure with a railway vehicle, for which an entry permit has been issued, which is not in the register referred to in paragraph 2 or in the register. is registered from another State.

  • 2 Our Minister shall keep the register provided for in Article 33 of Directive 2008 /57/EC.

  • 3 Our Secretary of State shall, upon application, arrange for the registration of railway vehicles, for which an authorisation has been issued, in the register, referred to in the second paragraph.

  • 4 The applicant shall add to the application for registration the particulars provided by our Minister.

  • 5 The holder of the rail vehicle shall report to our Minister the amendments relating to the particulars referred to in the fourth paragraph, which shall take effect after the invitation to tender, within two weeks.

  • 6 Our Minister knows of a railway vehicle which is due to be entered in a register which is not fully registered in another State register, and a European vehicle number. The holder of the rail vehicle shall affers the vehicle number assigned to the rail vehicle.

  • 7 Our Minister deletes the registration of a railway vehicle:

    • a. at the request of the holder of the rail vehicle;

    • b. if the rail vehicle is permanently unused, or

    • c. in other cases specified by our Minister.


Article 37a

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  • 1 Our Minister grants, upon application, an authorisation for entry into service or an additional authorisation for entry into service of a type if he has granted such a permit for a railway vehicle of that type.

  • 2 Our Minister grants in derogation from Article 36, third and fifth members , an authorisation for the entry into service or an additional authorisation for entry into service, if the rail vehicle corresponds to a type marked with a valid type of licence.

  • 3 Our Minister may suspend or revoke the authorisation of entry for a type, respectively, for entry into service of a type if the type is non-compliant or no longer in accordance with or pursuant to Article 36 applicable requirements.

  • 4 Conformity with a type is indicated by a declaration of conformity which meets the requirements of the Minister for that purpose.

  • 5 In the case of, or under general management, rules are laid down on the examination of conformity of the production of the rail vehicle for which an authorisation for entry into service is subject to an authorisation for The type of service has been granted, with that type.


Article 37b

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  • 1 It is prohibited from a railway undertaking to use any upgraded or renewed railway vehicle which is fully in the register, intended in Article 37, second paragraph , is registered, of main railway infrastructure to be used without:

    • (a) prior submission of an information file as referred to in the second paragraph; and

    • (b) a permit or new authorisation for the entry into service, if our Minister has required it under the third paragraph.

  • 2 The person who procures the improvement or renewal in a railway vehicle shall submit to our Minister an information folder describing the project.

  • 3 Our Minister requires, on the basis of the information file referred to in the second paragraph, a permit for entry into service, respectively, a new authorisation for entry into service if the scale of the proposed improvement or renewal, the potential consequences for the safety of an affected subsystem or the impact on the compatibility of the rail vehicle with the main rail infrastructure that makes or makes it necessary.

  • Our Minister may, on request, on grounds other than those referred to in Article 9, first paragraph, of Directive 2008 /57/EC and subject to Article 20 of that Directive, provide one or more technical specifications for the subsystem concerned as regards: leave interoperability out of application.

  • 6 Our Minister requires, on the basis of the information file referred to in paragraph 2, if the railway vehicle is not completely in the register, intended Article 37, second paragraph , is registered, an additional authorisation for entry into service or new additional authorisation for entry into service, if the effects of the improvement or renewal on the compatibility of the rail vehicle with the The main railway infrastructure to make it necessary.

  • 7 Article 36, fifth paragraph, shall apply, except that it shall apply only to improvement or renewal.

  • 8 It is prohibited from main railway infrastructure use any upgraded or renewed railway vehicle not completely in the register, intended to be used in Article 37, second paragraph , is registered, without:

    • a. without prior submission of an information file as referred to in the second paragraph; and

    • b. an additional authorisation for entry into service or a new additional authorisation for entry into service, if our Minister has demanded that by virtue of the sixth member.

  • 9 The fulfilment of the upgrading or renewal of a railway vehicle to points (a) to (c) and (e) of Article 36, third paragraph, shall be indicated by a valid declaration of a notified body or of an inspection body.


Article 38

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  • 2 The issue of an EC declaration of verification as referred to in Article 36, sixth paragraph , shall be in accordance with Article 18 of and Annex VI to Directive 2008 /57/EC.

  • 3 In the case of, or under general management, detailed rules may be laid down for the issue, form and content of EC verification declarations as referred to in Article 3 (2) of the EC Treaty. Article 36, sixth paragraph , and on the information file referred to in Article 37b, second paragraph .

  • 4 In the case of, or pursuant to general management measures, detailed rules on the granting and application of:


Article 39

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  • 1 It shall be prohibited to place on the market an interoperability constituent for use within the main rail system where, in respect of such uses, it does not have an EC declaration of conformity or suitability for use as referred to in Article 13, first Member, of Directive 2008 /57/EC has been issued.

  • 2 The person using the interoperability constituents shall ensure that they are used within their area of use in accordance with their intended purpose, and that they are properly installed and maintained.


Article 40

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  • 1 An EC declaration of conformity or suitability for use as referred to in Article 13, first paragraph, of Directive 2008 /57/EC shall be issued:

    • a. if the interoperability constituents comply with the requirements of the relevant technical specification for interoperability; and

    • b. If the conformity or suitability for use is demonstrated by a review of a notified body, where a relevant interoperability specification requires such a review.

  • If, in respect of the parts referred to in paragraph 1, other Community directives exist in respect of aspects other than those covered by the technical specifications, the declarations referred to in that paragraph shall also indicate whether those elements are comply with the other EC directives.


Article 41

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  • 1 An EC declaration of conformity or suitability for use as referred to in Article 13, first paragraph, of Directive 2008 /57/EC shall comply with Annex IV to that Directive.

  • 2 The issue of an EC declaration of conformity or suitability for use as referred to in Article 13, first paragraph, of Directive 2008 /57/EC shall be issued in accordance with Article 13 and Annex IV to that Directive.

  • 3 In the case of, or under general management, detailed rules may be laid down on:

    • a. form and content of the EC declarations of conformity or suitability for use as referred to in Article 13, first paragraph, of Directive 2008 /57/EC, as well as the recording or storage of data or documents relating to the issue; and

    • (b) the examination of conformity of production of interoperability constituents for which type approval has been granted, with the approved type.


Article 42

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  • 1 It shall be prohibited to issue an EC declaration of verification in accordance with Article 36, sixth paragraph , to be issued if a valid declaration by a notified body is not satisfied with Article 36, third paragraph, parts a and b.

  • 2 It shall be prohibited to issue an EC declaration of conformity or suitability for use as referred to in Article 13 (1) of Directive 2008 /57/EC for an interoperability constituent if it has not been complied with. Article 40, first paragraph .


Article 43

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  • 1 The manufacturer of interoperability constituents and his authorised representative established in the Netherlands, in breach of Article 42, second paragraph , an EC declaration of conformity or suitability for use as referred to in Article 13, first paragraph, of Directive 2008 /57/EC for an interoperability constituent has been issued, mandatory upon the initial claim of Our Minister and within a deadline to reinstate the failure to act. They are obliged to follow the instructions given by our Minister.

  • 2 If the manufacturer or his authorised representative established in the Netherlands fails to comply with the first paragraph, our Minister shall, pursuant to Article 14 of Directive 2008 /57/EC, take measures to ensure the placing on the market of the person concerned To restrict or prohibit interoperability constituents or to remove them from the market.


Article 44

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If our Minister finds that an interoperability constituent, despite having been issued in respect of an EC declaration of conformity or suitability for use as referred to in Article 13 (1) of Directive 2008 /57/EC, is to be established and despite the fact that the component is used in accordance with its intended use, endangering the safety of the traffic on the main railways or interoperability as referred to in Article 2 (b) of Directive 2008 /57/EC, it shall take application of Article 14 of that Directive measures to cover the scope of this limit the use of the component, prohibit its use or take it out of the market.


Article 45 [ Expaed by 01-04-2012]

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Article 46

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  • 1 For each railway vehicle to which our Minister referred to a vehicle number as intended Article 37 (6) , has been granted, there is an entity in charge of maintenance.

  • 2 The first paragraph shall not apply to any railway vehicle designated pursuant to Article 2 of Directive 2004 /49/EC by means of a ministerial arrangement.

  • 3 The entity in charge of maintenance may be a railway undertaking or infrastructure manager as referred to in Article 3 (2) of Directive 2012 /34/EU or the holder of the rail vehicle.

  • 4 The holder has a valid maintenance certificate if he is the maintenance entity of one or more freight wagons and not a railway undertaking or infrastructure manager as referred to in Article 3 (2) of Directive 2012 /34/EU.

  • 5 Our Minister, upon application, grants a maintenance certificate if the holder complies with the requirements laid down in accordance with Article 14a of Directive 2004 /49/EC by the Secretary of our Minister.

  • 6 A certification issued by a competent authority in accordance with Article 14a of Directive 2004 /49/EC shall be deemed equivalent to a maintenance certificate referred to in the fourth paragraph.

  • 7 The entity in charge of maintenance shall ensure that the rail vehicle is in a safe state and is maintained in accordance with the provisions of the applicable technical specifications for interoperability.

  • 8 Our Minister may prohibit the use of a rail vehicle from the main railway infrastructure if the seventh member is not satisfied with regard to the railway vehicle.

  • 9 The entity in charge of maintenance shall be the one as such in the register, as specified in the register. Article 37, second paragraph , is registered.


Article 47

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  • 1 The railway undertaking or the rail vehicle holder shall ensure that a railway vehicle used by them is complete in the register, intended for the purpose of: Article 37, second paragraph , is registered in accordance with the applicable specifications for interoperability.

  • 2 Our Minister may prohibit the use of a rail vehicle from the main railway infrastructure if the first member is not satisfied with regard to the railway vehicle.

  • 3 It is prohibited to use the main railway infrastructure with a railway vehicle which has not been operated and maintained in accordance with the essential requirements of Directive 2008 /57/EC.


Article 48

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  • 1 It is prohibited maintenance and repair of rail vehicles which have a full registration in the register, intended Article 37, second paragraph to be carried out by other natural or legal persons approved by our Minister for that purpose.

  • 2 A recognition shall be granted if the requirements laid down by the Minister are satisfied.

  • 3 A recognition as referred to in paragraph 1 shall be treated in the same way as a recognition issued by a competent authority in another Member State of the European Union or in another State other than a Member State of the European Union, which shall be The Netherlands is a party to a convention which binds to the Netherlands, or to that of this Treaty, which is issued on the basis of research which provides a level of protection at least equivalent to that of national research. shall be pursued.

  • 4 The requirements or further requirements referred to in the second paragraph may cover, inter alia:

    • a. The space available for maintenance or recovery and the equipment used;

    • b. The expertise of the persons responsible for maintenance or recovery; and

    • c. the process applied to the maintenance or recovery.

  • 5 Our Minister may, under limitations, grant recognition under the second paragraph and lay down rules relating to the work to be carried out.

  • 6 In the case of, or under general management, detailed rules on maintenance as well as on the application and the granting of a recognition shall be laid down.

  • 7 Our Minister draws a recognition in:

    • a. At the request of the person to whom it was granted;

    • (b) if the person, to whom it has been granted, no longer meets the requirements of the second paragraph.


§ 5. Staff

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Article 49

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  • 1 Persons who, within the main railway system, operate a safety function other than that of a full power driver or a limited power driver, comply with or pursuant to the general measure of management of the exercise of that function as regards:

    • a. Minimum age;

    • b. Medical and psychological fitness;

    • c. General knowledge, competence and experience; and

    • d. Language control.

  • 2 Persons who, within the main railway system, carry out the safety function of a full power driver or driver with limited competence, comply with the exercise or general measure of management of the exercise of that function as regards:

    • a. Minimum age;

    • b. Medical and psychological fitness;

    • c. General knowledge and skills;

    • d. specific professional knowledge relating to the rail vehicles and the main railway infrastructure to which a certificate of competency may relate; and

    • e. Language control.

  • 3 In the case of, or under general management, rules shall be laid down as to how it is demonstrated that the requirements referred to in paragraph 1 and second paragraph are met.


Article 50

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  • 1 An individual who carries out a safety function other than that of a full power driver or driver with limited competence within the main railway traffic system shall, except in the case of a general management measure, have the right to Exceptions provided for:

  • 2 A person who, within the main railway system, carries out the safety function of a full power driver or a limited-power driver with limited competence shall have:

    • a. One or more reviews of Our Minister showing that he complies with the Article 49, second paragraph , for the relevant safety function established requirements on general knowledge and skills and a valid certificate of medical fitness and a valid explanation of psychological fitness, issued by a by Our Minister Approved inspection institute; or

    • b. A valid driver licence issued in another Member State of the European Union.

  • 3 A person who carries out the safety function of a full power driver or driver with limited competence within the main railway system, has a valid machine licence and a valid certificate of competency that relates to the rail vehicles with which and to the main railway infrastructure used.

  • 4 In the case of, or under general management, detailed rules on the application, issue and validity of the assessments referred to in paragraph 1 (a) and in paragraph 2 (a), medical and medical statements, psychological aptitude and the recognition of inspection bodies.


Article 51

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  • 1 The person under whose authority a safety function is provided within the main railway system, except as provided for in the case of a general rule of management, to the person exercising the function in question, who has the in Article 50, first paragraph The documents referred to and, in his opinion, possess the specific, task-related and occupational knowledge and competence required for the exercise of that function and competence, a business axis.

  • 2 The business axis complies with the requirements of the general management measure or is a general measure of management.

  • 3 The first paragraph shall not apply to a person who, within the main railway system, carries out the safety function of the driver with full power or from a driver with limited competence, and to whom the person under whose authority he Security function shall be performed with a certificate of competency.

  • 4 The holder of a holding bag and the holder of a certificate as referred to in paragraph 3 shall be obliged to show that evidence at first exposure to the person responsible for the application of the certificate is not the same as that of the holder. Articles 69 and 86 persons responsible for the detection of criminal offences for the purposes of supervision of the compliance of such offences.

  • 5 In the case of, or under general management, detailed rules shall be laid down on:

    • a. The specific, task-related, and business-related knowledge and competence required for the performance of safety functions;

    • (b) the period of validity of business axles.


Article 51a

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  • 1 Our Minister, upon application, grants a train driving licence if the driver:

    • a. satisfies the requirements of Article 49, second paragraph , defined minimum age requirements;

    • b. possesses a valid certificate of medical fitness and a valid explanation of psychological fitness as intended in Article 50, second paragraph, part a , and

    • c. has a valid assessment from Our Minister that it is clear that he complies with the Article 49, second paragraph , established general knowledge and skills requirements for the safety function of machinery with complete competence, respectively, of a machine with limited competence.

  • 2 Our Minister shall suspend or revoke the train driving licence if the driver no longer has a valid certificate of medical fitness or a valid certificate of psychological fitness.

  • 3 Our Minister holds a register of machine licences.

  • 4 The person under whose authority the safety function of a full power driver or of a limited power engineer is exercised, provided to a driver a certificate of competency where:

    • a. satisfies the requirements of Article 49, second paragraph , defined requirements for language management;

    • b. possesses a valid review from Our Minister which indicates that he complies with the Article 49, second paragraph , established requirements for specific professional knowledge of the rail vehicles and the main railway infrastructure to which the certificate of competence is to be carried out; and

    • c. has the business knowledge and competence required for the performance of that function.

  • 5 The person who has issued one or more certificates shall hold a register of certificates of competency.

  • 6 The person under whose authority the safety function of a full power train driver or of a limited power engineer shall be examined periodically as to whether the driver complies with:

    • a. the security function of that function Article 49, second paragraph , defined requirements for language management;

    • b. the requirements for specific professional knowledge relating to the rail vehicles and the main railway infrastructure covered by the certificate of competence, adopted pursuant to Article 49, second paragraph, and

    • c. Knowledge and competence required for that safety function.

  • 7 The person under whose authority the safety function of the engineer is carried out shall, upon termination of the service of the driver, provide a certified copy of the certificate of competency valid at that time.

  • 8 In the case of, or under a general rule, rules shall be given for:

    • (a) the application, authorisation, period of validity and renewal of a train driving licence;

    • b. The provision of a duplicate of a train driving licence;

    • c. the register of train driving licences referred to in the third paragraph;

    • (d) the form, content and validity of a certificate of competence and the provision of a certified copy thereof;

    • (e) the register of certificates of jurisdiction referred to in fifth paragraph;

    • f. the frequency of the investigation, as referred to in the sixth paragraph;

    • g. the obligations of the person who has issued the certificates; and

    • h. The company-related knowledge and competence required for the safety function of the driver with complete competence and of a machinery with limited competence.


Article 51b

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  • 1 Training activities with a view to obtaining one or more assessments demonstrating compliance with the requirements of the Article 49, second paragraph , established requirements of general knowledge and skills and specific professional knowledge of railway vehicles and main railway infrastructure shall only be carried out by training institutes approved by our Minister for that purpose.

  • 2 A training institute recognised under the first paragraph shall, in a fair and non-discriminatory manner, give access to the training activities referred to in the first paragraph.

  • 3 In the case of, or under general management, rules for the recognition of training institutes referred to in paragraph 1 shall be governed by rules laid down in Article 20 of Directive 2007 /59/EC.


Article 51c

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  • 2 Our Minister shall keep a register of approved examiners.

  • 3 In the case of, or under general management, rules may be laid down on the application, issue and validity of the approval of examiners.


Article 52

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In the case of, or under general management, rules governing the management and organisational structure of those persons with a safety function within the main railway system may, for the purposes of safety, be subject to rules available.


Article 53

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  • 1 It is prohibited to perform a safety function other than that of a full power driver or of a limited power train driver, within the main rail system, to be carried out by a person:

  • 2 It shall be prohibited to perform the safety function of a full power driver or driver with limited competence within the main rail system by a person:

  • 3 It shall be prohibited to perform the safety function of a driver with complete competence or a driver with limited competence by a person:

    • a. which does not have a valid driver licence;

    • b. which does not have a valid certificate of competence; or

    • (c) which does not have a certificate of competence relating to the rail vehicles with which and to the main railway infrastructure used.

  • 4 Our Minister can exercise the safety function of engineer with complete authority or of machinist with limited power within the main rail system by a person who, in his view, poses a serious threat to the prohibit the safety of that system, in accordance with Article 29 of Directive 2007 /59/EC, for certain or indefinite periods.


Article 54

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The person under whose authority a person who, within the main railway system, does not exercise a function, other than a safety function, who may have an influence on the safety of the traffic on the main railways, shall ensure that that person is responsible for ensuring that the person concerned has the right to travel. is suitable for that purpose and possesses the necessary knowledge and competence.


Article 54a

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Subject to the provisions of Article 2 (3) of Directive 2007 /59/EC, our Minister may grant exemption from, or exemption from, provisions of Section 5 of this chapter. The exemption or exemption may be granted under restrictions. The exemption or exemption may be subject to rules. In the case of a ministerial arrangement, rules may be laid down on the main railways and for which rail vehicles this exemption or exemption is possible.


§ 6. The insurance obligation

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Article 55

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  • 1 The railway undertaking using the main railway infrastructure shall be obliged to conclude and maintain an insurance policy with which financial risks arising from civil liability shall be maintained. are adequately covered.

  • 2 In the case of a general measure of management, amounts exceeding the obligation of insurance shall be fixed beyond the limits of the insurance obligation. Individual amounts may be determined according to, inter alia, the nature of the event, the nature of the damage, the basis of the liability and the nature of the undertaking.

Chapter 4. The use of main railway infrastructure

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§ 1. General provisions

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Article 56

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The administrator shall cooperate with foreign infrastructure managers in order to ensure efficient distribution and operation of train services that exceed national borders, subject to Articles 40 and 57, sixth paragraph, of Directive 2012 /34/EU.


Article 57

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  • 1 shall be entitled to conclude an access agreement and a framework agreement with the administrator shall be the parties referred to in the second paragraph.

  • 2 As the applicant referred to in Article 3 (19) of Directive 2012 /34/EU, the following shall be regarded as:

    • (a) railway undertakings which hold a business licence or have applied for it, provided that they have the right to make use of the main railway infrastructure in the manner in which they wish to enter into the agreement;

    • b. concession lenders as specified in Article 20 of the Passenger Transport Act 2000 in the case of public transport by rail;

    • (c) other natural or legal persons who, for commercial reasons, have demonstrably interest in the acquisition of capacity for the transport of persons or cargo by means of rail transport services.

  • 3 The trading and transfer of capacity by an entitled person shall be prohibited, with the exception of the transfer in the cases referred to in the last subparagraph of Article 38, first paragraph, of Directive 2012 /34/EU. Failure to comply with the prohibition shall result in the exclusion of any further allocation of capacity.

  • 4 The railway undertaking which intends to request capacity for the operation of an international passenger service which is not part of a concession as intended for the purpose of the operation of the passenger transport network. Article 20, first or third paragraph, of the Passenger Transport Act 2000 , shall report to the Consumer and Market Authority and the Administrator not later than 10 months before the period of validity of the timetable.

  • 5 The fourth paragraph shall apply mutatis mutandis to changes to an international passenger transport service.


§ 2. Netstatement

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Article 58

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  • 1 The administrator shall draw up a network statement annually after consultation of the beneficiaries concerned.

  • 2 The network statement shall contain information relating to the nature and access to and use of the main railway infrastructure and shall, in any event, contain:

    • a. The information and data listed in Annex IV to Directive 2012 /34/EU;

    • Having regard to Article 41, second paragraph, of Directive 2012 /34/EU, the conditions for ensuring that the administrator ' s justified expectations regarding future revenues and future use of the Main railway infrastructure is being complied with;

    • c. the reference to the website where the at or under Article 62, fourth paragraph , rules adopted have been published;

    • d. where applicable, a reference to the websites referred to in Article 27, second paragraph, and point 31, 10th paragraph, of Directive 2012 /34/EU;

    • (e) where applicable, the list of market segments referred to in Article 32 (1) of Directive 2012 /34/EU;

    • f. the information and data relating to the requirements laid down in Article 32, fifth paragraph, of Directive 2012 /34/EU;

    • g. a business representation of the content of the applicable framework agreements;

    • h. Capacity information for certain types of use reserved;

    • i. the arrangements for taking into account former train paths used as referred to in Article 52, first and second paragraph, of Directive 2012 /34/EU;

    • j. a forecast of capacity development;

    • k. the criteria for the determination of the negligence of the use of assigned capacity referred to in Article 36 of Directive 2012 /34/EU.

  • 3 With due regard to Article 27 (1) and (4) of Directive 2012 /34/EU, the administrator shall make the network statement publicly available, send it to the railway undertakings concerned and the Consumer and Market Authority, and shall communicate to the Commission in the Official Journal of the Establishment of the Network Statement.

  • 4 The administrator shall make any amendments to the network statement, subject to compliance with Article 32, sixth paragraph, of Directive 2012 /34/EU. The third paragraph shall apply mutatis mutandis.

  • 5 An eligible person referred to in paragraph 1 may complain to the Consumer and Market Authority of the same Article 71 to the extent that this complaint refers to the data disclosed in the network statement, referred to in Parts 2 and 3 of Annex IV to Directive 2012 /34/EU, until no later than six weeks after the date of the State Official Gazette in which communication of the information establishment of the network statement or of any change in the components of the network statement.

  • 6 By ministerial arrangement, the conditions referred to in paragraph 2 (b) may be subject to detailed rules which are, inter alia, necessary for the proper implementation of implementing acts pursuant to Article 41, Third paragraph, of Directive 2012 /34/EU.


§ 3. Access Agreement

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Article 59

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  • 1 An access agreement between the administrator and a entitled authorised access agreement on the use of main railway infrastructure shall comply with the requirements of Article 28 of Directive 2012 /34/EU and in any case contain clauses concerning:

    • a. The quality of the main railway infrastructure to be provided by the administrator;

    • b. the allowance referred to in Article 62, first paragraph .

  • 2 In the access agreement, capacity in the form of train paths referred to in Article 3 (27) of Directive 2012 /34/EU shall be distributed for up to the duration of a scheduling period.

  • 4 In the case of a general measure of management, general terms and conditions may, for the purposes of the Agreement, be Article 231 of Book 6 of the Civil Code shall be fixed. In that case, the agreement shall refer to those general conditions.


§ 4. Framework Agreement

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Article 60

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  • 1 A framework agreement between the administrator and a entitled 'entitled' has been fulfilled in accordance with Article 42 of Directive 2012 /34/EU.

  • 2 A framework agreement with a period of validity of more than five years is subject to the prior agreement of the Consumer and Market Authority.

  • 3 In the case of a general measure of management, general terms and conditions for the purpose of the framework agreement may be Article 231 of Book 6 of the Civil Code shall be fixed. In that case, the framework agreement shall refer to those general conditions.

  • 4 In the case of, or under general management, detailed rules may be laid down in respect of framework agreements.


§ 5. General rules on the distribution of capacity

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Article 61

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  • 1 In the case of a general measure of management, rules shall be laid down on the allocation of capacity. Those rules may be designed to protect the environment.

  • 2 In the case of the general management measure referred to in paragraph 1, minimum capacity levels shall be established for the specified transport and passenger transport markets and shall be subject to rules on the priority criteria, referred to in Article 47, third to fifth paragraph, of Directive 2012 /34/EU.

  • 3 The general measure of management referred to in paragraph 1 shall determine the cases in which capacity is reserved until a certain point in time for certain types of use of the main railways and from which date those capacities are available. For other purposes.

  • 4 The nomination for a general measure of directors to be adopted under paragraph 1 shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.


§ 6. Compensation for the minimum access package to railway undertakings as well as additional charges, additions, discounts and deductions

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Article 62

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  • 1 A railway undertaking which enters into an access agreement shall, for the use of main railway infrastructure to the administrator, be at least a fee for the use of main railway infrastructure for the purposes of the minimum access package due. This fee shall be the levy provided for in Article 31 (3) of Directive 2012 /34/EU.

  • 2 The allowance provided for in paragraph 1 may include the charges referred to in paragraph 6 (a) and (b).

  • 3 Without prejudice to paragraph 2, the allowance provided for in paragraph 1 may be increased by the levies and additions referred to in paragraph 6 (c), (d), (f), (f) and (g) or reduced by the reduction provided for in paragraph 6 (e) and in the second subparagraph of Article 6 (1) of the deductions referred to in paragraph 6 (f).

  • 4 In the case of, or under general management, rules shall be laid down with regard to the framework referred to in Article 29 (1) of Directive 2012 /34/EU.

  • 5 The rules referred to in paragraph 4 shall cover rules relating to:

    • a. The minimum cost to be allocated to railway undertakings referred to in paragraph 1 and the allocation method for those costs referred to in Article 30, eighth paragraph, of Directive 2012 /34/EU;

    • (b) the application of the procedures provided for in Article 31 (3) of Directive 2012 /34/EU and the arrangements for its introduction.

  • 6 The rules referred to in paragraph 4 may also include rules relating to:

    • a. A charge for the lack of specified principal railway infrastructure during periods of overload as referred to in Article 31 (4) of Directive 2012 /34/EU;

    • (b) a charge related to the cost of environmental effects of the train operation as referred to in Article 31 (5) of Directive 2012 /34/EU;

    • (c) an additional levy as referred to in Article 32 (1) of Directive 2012 /34/EU, in order to obtain full coverage of the costs incurred by the administrator, where possible;

    • d. a charge, in respect of main railway infrastructure designated by or under general management, for the purpose of covering the costs of investment projects other than those of the manager, as referred to in Article 32; Third paragraph, of Directive 2012 /34/EU;

    • e. a reduction as referred to in Article 33 of Directive 2012 /34/EU;

    • f. A countdown or deduction due to disturbances of the main railway infrastructure or with a view to improving the performance of the main railway infrastructure as referred to in Article 35 (1) of Directive 2012 /34/EU;

    • g. a charge for agreed, but not used, capacity as referred to in Article 36 of Directive 2012 /34/EU.

  • 7 The rules referred to in paragraph 4 may also lay down rules on the criteria and detailed rules on the level of remuneration provided for in paragraph 1.

  • 8 The allowance and charges referred to in points (a) and (b) of paragraphs 1 and 6 of paragraphs 1 and 6 may be allocated proportionately to a sufficient number of train services and times, in accordance with Article 31 (6) of Directive 2012 /34/EU.

  • 9 The fees and charges referred to in this Article shall be paid to the administrator by the railway undertakings.

  • 10 The administrator works with foreign infrastructure managers with a view to introducing efficient charging schemes, coordinating charges and lifting rights for the operation of train services that control land borders. in accordance with Article 37 of Directive 2012 /34/EU.

  • 11 The nomination of a general measure of management to be adopted under the fourth paragraph shall not be taken than four weeks after the draft has been submitted to both Chambers of the States General.


Article 63

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  • 1 The administrator shall establish a method for allocating costs to the minimum access package offered to railway undertakings as referred to in Article 30, eighth paragraph, of Directive 2012 /34/EU, subject to compliance with the provisions of Article 30 (1) of Directive 2012 /34/EU. Article 62, fifth paragraph -Some of them.

  • 3 In the case of, or under general management, rules may be laid down as regards the approval referred to in paragraph 2 and the procedure to be followed for that purpose.

  • 4 The administrator shall display to a railway undertaking of the same kind as intended: Article 62, first paragraph , that the fees and charges laid down in accordance with Article 62 which have been charged to that railway undertaking shall comply with the rules laid down in Article 62, first to seventh paragraph, and the method of applying the rules for the application of the rules of procedure, Allocation of resources referred to in the first paragraph.


§ 7. Detailed provisions on the use of main railways

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Article 64

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  • 1 The administrator shall ensure that work on and near the main railway infrastructure is carried out safely for the purpose of the main railway infrastructure. To this end, the administrator shall take measures to ensure that the rail traffic and the performance of operations do not constitute a hazard for each other.

  • 2 In the case of ministerial arrangements, rules may be laid down regarding the safe performance of work on or near the main railway.


Article 65

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  • 1 In the case of, or under general management, rules shall be laid down for the safe and undisturbed use of the main railways. Those rules may cover, inter alia:

    • a. Nature, implementation, positioning, operation and meaning of signals;

    • b. Movements with rail vehicles;

    • c. Driving with rail vehicles on the public road;

    • d. the use of consideration and overpaths;

    • e. Obligation-related to failures, accidents, incidents and other irregularities-of railway undertakings, railway vehicle drivers and other persons taking part in the traffic on the main railway.

  • 2 Any person who finds himself on the main railway shall respect the seines intended for him.


§ 8. Investigation of accidents, incidents and irregularities on main railways

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Article 66

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  • 1 Our Minister may investigate the causes of accidents and incidents on main railways and other irregularities in the rail-handling of rail traffic affecting the safety of rail or of persons involved in rail transport. has been endangered or could have been endangered if he considers this inquiry to be necessary in order to evaluate the legal requirements and the policy on the safety of rail.

  • 3 Our Minister shall refrain from examining the causes of accidents and incidents on the main railway insofar as the Examination Council for Safety to the occurrence of the incident is subject to investigation.

Chapter 5. Service facilities and services

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§ 1. General. Access to services and delivery services

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Article 67

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  • 1 In cases where, under which conditions, and under which procedures a railway undertaking is entitled to:

    • a. access to railway infrastructure defined in or under general management;

    • b. Access to or a part of the provision of services as defined by or pursuant to general management of a measure;

    • (c) provision of services or services specified in or pursuant to general measures of management.

  • 2 The cases, under which conditions and under which procedures an operator of a service provision is required to have access as referred to in paragraph 1, shall be governed by, or under a general measure of, the management of the service. parts a and b, and the provision of services as referred to in paragraph 1 (c).

  • 3 In accordance with the rules referred to in paragraphs 1 and 2, a distinction may be made according to type of operator of a service provision, type of railway infrastructure, type of service and type of service. Those rules may in any event imply that an operator of a service provision as referred to in Article 13 (3) of Directive 2012 /34/EU carries out separate accounts or separate records in the accounts, and Access it.

  • 4 Where a service provision, in so far as it concerns a service provision as referred to in Annex II (2) to Directive 2012 /34/EU, has not been used for at least two consecutive years and a railway undertaking or other candidate has been subject to the service of operator of that service provision has shown an interest in accessing that service, on the basis of demonstrated needs, the owner or the competent commercial owner shall offer all the operation of that service provision in full or partly for hire or lease as a service provision, unless the operator of that service provision shows that due to an ongoing reconversion process, the service provision cannot be used by a railway undertaking.

  • 5 To the extent that this is necessary for the offer for hire or lease referred to in paragraph 4, the operator shall, or grant to the operators of that service provision, cooperate with that rental or lease.

  • 6 In the case of, or under general management, detailed rules may be laid down for the implementation of the fourth and fifth paragraphs.

  • 7 The nomination for a general measure of management to be adopted under the first or second paragraph shall not be more than four weeks after the draft has been submitted to both Chambers of the States General.


Article 68

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  • 1 In the case of, or under general management, rules are laid down on the conditions and methods for calculating fees charged by service providers to railway undertakings for the provision of access to railway infrastructure and service provision as intended Article 67, first paragraph, parts a and b , as well as for the provision of services in services or services as referred to in Article 67, first paragraph, part c.

  • 2 For the purpose of the rules referred to in paragraph 1, a distinction may be made according to type of operator of a service provision, type of railway infrastructure, type of service and type of service. Those rules may in any case imply that an operator of a service facility carries out separate accounts or separate records and records them.

  • 3 Service operators shall demonstrate to railway undertakings that allowances referred to in the first paragraph, which have been charged to those railway undertakings, comply with the general measure of management. the conditions and methods of calculation of the fees referred to in paragraph 1 and of the network statement.

  • 4 Service operators shall use the fees referred to in paragraph 1 to provide their undertaking with resources.

  • 5 The nomination for a general measure of directors to be adopted under the first paragraph shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.


Article 68a

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  • 1 Service provision operators shall provide the administrator with information on the conditions of access and for the provision of services specified in the Article 67 , and information on the fees, referred to in Article 68 , or refer the administrator to a website on which this information is presented free of charge in electronic form.

  • 2 Without prejudice to the first paragraph, service operators referred to in Annex II (2) (2) (a), (f) and (i) of Directive 2012 /34/EU shall without delay provide information on the conditions of access referred to in point (a) of Directive 2012 /34/EU. Article 67, first paragraph, part b , or for the provision of services referred to in Article 67, first paragraph, part c, as well as information on fees as referred to in Article 67 Article 68, first paragraph , to railway undertakings that request it.

  • 3 In the case of, or under general management, detailed rules may be laid down for the implementation of the first paragraph.


§ 2. Special obligations

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Article 68b

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  • 1 This paragraph applies only in the case of a call for tenders as referred to in Article 4 (2). Chapter III, Section 4, of the Passenger Transport Act 2000 of a public transport concession by rail, if:

    • a. the use of services or services referred to in Annex II (2) (a), (f) and (i) of Directive 2012 /34/EU, for the execution of that concession; and

    • b. Such a service provision or service in one location only exists with one operator.

  • 2 Under this paragraph, the operator of a service provision means an operator responsible for the management of one or more service facilities or for the provision of one or more services referred to in the first paragraph.


Article 68c

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  • 3 The Consumer and Market Authority shall assess within six weeks of receipt of the request, whether the terms or charges referred to in paragraph 1 are in accordance with the provisions of or pursuant to the Articles 67, first or second paragraph , or 68 . Where information deemed necessary by the Authority of the Consumer and Market Authority for an assessment is missing, the service provider shall be informed of such information within one week from the receipt of the request. This operator shall be given the opportunity to present these data within a reasonable period of time in a form to be provided by the Authority and Consumer Market Authority.

  • 4 The Consumer and Market Authority may extend the period referred to in the third paragraph, first sentence, once by six weeks. It shall notify it in writing to the operator of the service provision which has submitted the request.

  • 5 If the Authority considers the Consumer and Market Authority that the conditions or fees are in accordance with the provisions of or pursuant to the Articles 67, first or second paragraph , or 68 , it shall approve the application thereof.

  • 6 If the Authority considers the Consumer and Market Authority that the conditions or fees are not in accordance with the provisions of or pursuant to the Articles 67, first or second paragraph , or 68 , it shall inform the operator concerned accordingly. It shall inform the Commission of any points which are not satisfied either by the provisions of Articles 67, first or second paragraph, or 68.

  • 7 The operator of the service provision shall, within four weeks of the date of notification referred to in paragraph 6, communicate to the Consumer and Market Authority, in writing, to what extent the conditions or allowances shall be adjusted to that communication. The Consumer and Market Authority shall assess within three weeks of receipt of the notification of the service provider referred to in the first sentence, upon the request for approval, or the conditions or fees in accordance with they are with or under the conditions of Articles 67, first or second paragraph , or 68 .

  • 8 Article 68a shall apply to the conditions or allowances approved pursuant to this Article.

  • 9 By way of derogation from the first paragraph, by way of derogation from the first paragraph, the obligation to provide services or types of services referred to in Annex II (2) (a), (f) and (i) of Directive 2012 /34/EU may, by way of derogation from the first subparagraph, be exempted from the obligation to provide services in the first paragraph.

  • 10 The nomination for a general measure of management as referred to in the ninth paragraph shall be done no sooner than after the Authority has been given the opportunity to deliver an opinion on the draft of that Decision and not earlier. than four weeks after presentation of the draft, together with the opinion of the Consumer and Market Authority, to both Chambers of the States General.

Chapter 6. Monitoring, enforcement and other provisions

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§ 1. Monitoring

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Article 69

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  • 1 Except Article 70, second paragraph , the supervision of compliance with the provisions of, or under this law, the persons appointed by the decision of our Minister for that purpose.

  • 2 A decision as referred to in paragraph 1 shall contain an indication of the requirements for compliance with which supervision is carried out.

  • 3 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.


§ 2 The Consumer and Market Authority

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Article 70

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  • 1 The Consumer and Market Authority shall be the supervisory authority referred to in Article 55 of Directive 2012 /34/EU.

  • 3 The Consumer and Market Authority establishes a reasonable period of time as referred to in Article 13 (4) of Directive 2012 /34/EU, which shall be published in the Official Journal.

  • 4 The Consumer and Market Authority examines on its own initiative the state of competition in the rail transport services market, in particular as regards the points referred to in points (a) to (g) of Article 56 of Directive 2012 /34/EU, as set out in Article 56 (1) of Directive 2012 /34/EU. The Committee of the European Parliament and the Committee of the European Parliament report on the subject and

  • 5 The Consumer and Market Authority may also ask for information necessary for the use of statistical and market surveillance purposes in the context of the investigation referred to in the fourth paragraph.

  • 6 In any event, the Consumer and Market Authority shall consult the representatives of the users of goods and passenger transport services every two years.

  • 7 At the request of the Authority and Consumer Market, the administrator and an operator of a service provision shall provide all information and documents on the fees charged by them to railway undertakings, as determined by the Authority. in accordance with Article 62, first to eighth paragraphs The fees and charges referred to in the Article 68 .

  • 8 At the request of the Consumer and Market Authority, a railway undertaking or an operator of a service facility which is required by or under this Act to have an accounting separation or a separate administration within the accounting records, the information referred to in Annex VIII to Directive 2012 /34/EU, to the extent that such information is necessary in the course of the exercise of the tasks referred to in the second paragraph.


Article 71

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  • 1 entitled 'entitled' as intended Article 57 , a railway undertaking, a party to an access agreement or a framework agreement as referred to in Chapter 4 or any other party concerned may submit to the Consumer and Market Authority in writing an application to examine whether an administrator, an operator of a service provision, a railway undertaking vis-a-vis the applicant is:

    • a. Unfair treatment, discrimination or otherwise of disadvantage as referred to in Article 56, first paragraph, of Directive 2012 /34/EU;

    • b. the conduct of a counterparty in the case of an access agreement or a framework agreement which leads to unfair treatment, discrimination or otherwise of disadvantage;

    • (c) undue refusal of access to a service provision in the event of a conflict as referred to in Article 13 (5) of Directive 2012 /34/EU.

  • 2 The Consumer and Market Authority shall take a decision on an application as referred to in the first paragraph.

  • 3 If the Consumer and Market Authority decides that access to a service provision as referred to in Article 13 (5) of Directive 2012 /34/EU has been wrongly refused, it shall, to the extent necessary, take measures to ensure that an appropriate Part of the available capacity for the service provision concerned shall be assigned to the relevant railway undertaking.

  • 4 The Consumer and Market Authority may impose a charge of periodic penalty payment if necessary.

  • 5 In the case of, or under general management, rules may be laid down on the data and documents to be submitted for the investigation and the related effects.

  • 6 The Consumer and Market Authority, having regard to the eighth and eighth paragraphs of Article 56 of Directive 2012 /34/EU, lays down the time limits within which it shall act as referred to in the second paragraph and the time limits for the provision of the data required for the examination and documentation. Article 4:15 of the General Administrative Law Act shall apply mutatis mutandis to all parties where the Authority is requesting information from the Consumer and Market Authority in the context of decision-making.


Article 72

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  • 1 By way of derogation from Article 7, 1st paragraph, of the Incomposition Act Authority of Consumer and Market and without prejudice to Article 7, third paragraph, of that Act, the Consumer and Market Authority shall provide the information and information referred to in Article 57 of Directive 2012 /34/EU and the information requested by the European Commission for the purposes of the information and information required by the Commission. the Commission to adopt delegated acts or implementing measures provided for in Directive 2012 /34/EU.


Article 72a

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By way of derogation from Article 8 of the Incomposition Act of Consumer and Market Authority establish a common framework for information exchange and cooperation in the field of rail safety and competition in the railway market as referred to in Article 56, third paragraph, on the Consumer and Market Authority. paragraph, of Directive 2012 /34/EU.


Article 73 [ Expired by 01-01-2011]

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Article 74

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If the policy rules to be adopted by Our Minister deal with the interpretation of competition concepts, our Minister will establish those policy rules in accordance with our Minister of Economic Affairs.


§ 2a. Exemption, exemption or authorisation

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Article 74a

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It shall be prohibited to act contrary to the rules of exemption, exemption or authorization granted under this Act.


§ 3. Administrative enforcement

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Article 75 [ Expired per 01-08-2014]

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Article 76

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  • 1 Our Minister is empowered to impose a charge under administrative coercion to enforce the obligations imposed by or under this Act with the exception of the obligations laid down in paragraph 2.


Article 77

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  • 2 In the case of ministerial rules, rules may be laid down on the exercise of the power referred to in paragraph 1.

  • 3 An offence identified as afforested by virtue of paragraph 1 shall not also be regarded as a criminal offence under the conditions of Article 87, first paragraph Rated.


Article 78 [ Expaed by 01-07-2009]

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Article 79 [ Verfalls by 01-07-2009]

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Article 80

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  • 1 The administrative penalty, which shall be the highest for an infringement as referred to in Article 77, first paragraph , may be imposed, if committed by:

    • a. a natural person, other than an undertaking, equal to the sum of € 5,700 or less;

    • b. An undertaking equal to the sum of up to € 225.000,-.

  • 2 The amount of the administrative penalty shall in any case be adjusted to the turnover of an undertaking if the offender is an undertaking.

  • 3 Without prejudice to paragraph 1 and second paragraph, the administrative penalty to be imposed may be increased by 50% if, on the date of the finding of the offence, no 24 months have elapsed after an earlier infringement of the non-compliance with the infringement has not been committed. Compliance with the same legal obligation has been observed and the administrative penalty has become irretrievable as a result of the previous infringement.

  • 4 If the turnover information of an undertaking referred to in paragraph 2 has not been made available to Our Minister, our Minister may ask the person to whom the administrative penalty is to be imposed on that information within one of them set a time limit. If the person concerned does not comply with the request within the prescribed period, the amount of the fine shall be equal to the maximum amount of the penalty referred to in point (b) of the first paragraph.

  • 5 The amounts referred to in paragraph 1 may be amended by general management measures every two years from 1 January of a year as a result of the evolution of the consumer price index since the previous amendment of this Regulation. amounts. With this change, the amount of money is rounded down to a multiple of € 5.

  • 6 Our Minister shall establish a policy rule for the application of this Article.


§ 3a. Monitoring and enforcement of European legislation

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Article 81

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Under ministerial arrangements, for the proper implementation of binding EU legal acts of the general scope of the European Commission on rail transport, rules relating to supervision may in any case be laid down, the supervisory authority and the appropriate application of the Articles 76 , 77 or 80 .


Article 82 [ Expaed by 01-07-2009]

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Article 83 [ Verfall by 01-07-2009]

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Article 84 [ Verfall by 01-07-2009]

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Article 85 [ Verfalls per 01-07-2009]

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§ 4. Criminal law enforcement

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Article 86

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  • 2 With the detection of the facts punishable by or under this law, the persons designated by the decision of Our Minister and our Minister of Justice together shall be responsible.

  • 3 Of a decision referred to in paragraph 2 shall be communicated by the State Official Gazette.


Article 87

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  • 4 Upon conviction of a person exercising a security function, for infringement of Article 4, first or second paragraph , he may be denied the power to exercise that function for a maximum period of five years.

  • 5 An offence considered to be an offence under the first paragraph shall not also be considered to be afforested under the terms of the first paragraph. Article 77, first paragraph Rated.

  • 6 The offences are punishable under the conditions laid down in paragraphs 1 and 2 of the first and second paragraphs. The offences referred to in the third paragraph shall be criminal offences.


Article 88

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  • 1 One of the at or under Article 86 of this Act or Article 141 of the Code of Criminal Procedure Police officers responsible for the detection of criminal offences may be Article 4, first paragraph , that person from whom, from the Article 4 (4) , examination or otherwise, the opinion of that official has shown that it is in such a way as to influence the use of a substance in such a way as to Article 4, first paragraph , it is not sufficient for him to exercise a security function or to supervise the exercise of such function, to prohibit the exercise of that function or to control it, for the time being. during which it may reasonably be expected that this condition will continue for up to twenty-four hours. The first sentence shall apply mutatis mutandis to the person who has been required to perform a safety function or to supervise the exercise of such functions.

  • 2 The official, which imposes a prohibition as referred to in paragraph 1, shall lay this in a decision containing the date of entry and duration of the prohibition.

  • 3 The person to whom a prohibition referred to in paragraph 1 shall be prohibited shall either be prohibited from exercising a safety function or supervise the exercise of such a post during the period for which such a ban applies.


Article 89

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  • 2 The person to whom the order referred to in paragraph 1 is given shall be obliged to breathe breathing air in a device intended for the investigation and to comply with all the instructions given to the investigation by the official concerned.

  • 3 The obligations referred to in paragraph 2 shall not apply to the suspect who is likely to be likely to cooperate in a course of breath for special medical reasons.

  • 4 In the case referred to in paragraph 3, or if the cooperation of the suspect has not resulted in a completed breath examination, the official concerned may ask the defendant whether he/she gives his consent to carry out an investigation as intended in Article 4, second paragraph, part b . Equal jurisdiction shall have the official concerned, if it is suspected that the suspect is under the influence of another person in Article 4, first paragraph Substance other than alcoholic beverages.

  • 5 If the defendant does not grant the consent requested under the fourth paragraph, the D.A. may, or a police officer of the law or any of the officials of the police appointed for that purpose by the procedure of our Minister of Justice, For the execution of the police task, he orders him to submit to a blood test.

  • 6 The person who has been ordered to submit to a blood test is obliged to comply with this injunction and to cooperate. It shall be taken by a doctor as much blood as necessary for the investigation.

  • 7 The obligations referred to in paragraph 6 shall not apply to the suspect who is likely to show that the reduction in blood for him is undesirable for special medical reasons.

  • 8 Persons exempted under the seventh paragraph of the sixth paragraph shall be obliged to cooperate with a prosecutor, a judicial prosecutor, or by any of the persons responsible for the judicial system of justice. Minister of Justice appointed officials, appointed for the execution of the police task, ordered investigations to be carried out in a manner other than blood or breath testing Article 4, first paragraph , the substances referred to or in Article 4, second paragraph, part b , to establish the said content.

  • 9 If the accused is unable to make known his will, he may, with the permission of the prosecutor, be appointed by a prosecutor of the judiciary or by any of the officials appointed for that purpose under the law of our Minister of Justice, for his/her own office. the execution of the police task, by a doctor, of the amount of blood referred to in paragraph 6 of this Article, unless it is likely that this is undesirable for particular medical reasons. Examination of the blood shall not take place than after the defendant has been given the opportunity to authorise his/her consent. If necessary, he may be ordered to cooperate in accordance with the fifth paragraph. The suspect to whom a warrant has been issued shall be obliged to cooperate. If the suspect refuses to cooperate, the blood sample shall be destroyed.

  • 10 In the case of general management measures, detailed rules shall be laid down on the methods of implementation of Article 4 (4) , and from this article. These rules may also cover the possibility of carrying out a counter-examination. In the case of a settlement of our Minister of Justice, rules for the implementation of those rules shall be laid down in the cases specified in that general measure of administration.


§ 5. Occupation [ Expired per 01-01-2013]

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Article 90 [ Expired per 01-01-2013]

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§ 6. Charges

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Article 91

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  • 1 By ministerial arrangement, a fee may be paid to the administrative body concerned in accordance with the fees to be determined in respect of applications for, or provision of, the application of, or pursuant to, the act to take the decision, issue certificate, other document, review or statement or to submit registration or amendment of that entry in the register, intended Article 37, second paragraph . Previous sentence shall apply mutatis mutandis if the act arises from a binding regulation as provided for in Article 288 of the Treaty on the Functioning of the European Union.

  • 2 The amount of the rates fixed under the first paragraph shall be established in such a way that the estimated benefits of the fees charged to the administrative body concerned do not exceed the estimated costs of the relevant administrative board in respect of the operations of applications and the provision of decisions and documents referred to in the first paragraph.


§ 7. Applicability of new European regulations

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Article 92

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A modification or addition to Directive 2012 /34/EU, Directive 2004 /49/EC, Directive 2007 /59/EC and of Directive 2008 /57/EC shall apply to the application of this Act and the provisions based thereon from the day on which the relevant Implementation of the amending Directive must be implemented, unless a ministerial order, which is published in the Official Journal, provides for a different point of time.


§ 8. Approval of inspection bodies

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Article 93

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  • 2 The bodies, the Director and the staff thereof shall comply at least with the applicable requirements laid down in Annex VIII to Directive 2008 /57/EC and the requirements laid down by Ministerial Regulations.

  • 3 Provisions and restrictions may be attached to the recognition.

  • 4 The bodies shall carry out their activities in accordance with the relevant provisions of Annex VI to Directive 2008 /57/EC and Decision No 93 /465/EEC of the Council of the European Communities of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the provisions relating to the affixing and use of the CE marking of 22 July 1993 Agreement (PbEG L 220).

  • 5 The authorities shall draw up a examination certificate after each examination, specifying where appropriate the period of validity and the conditions under which it is valid.

  • 6 Our Minister withdraws the recognition referred to in paragraph 1 if the body concerned no longer complies with the applicable requirements of Annex VIII to Directive 2008 /57/EC as part of Annex VI to Directive 2008 /57/EC. Our Minister may withdraw approval if the body concerned no longer complies with Annex VIII to Directive 2008 /57/EC, or the requirements laid down by Ministerial Regulations, as set out in Annex VI to Directive 2008 /57/EC. Second member.

  • 7 Our Minister makes notice of a recognition or a revocation of a recognition by notification in the State Official.


§ 9. Provisions relating to particular railways

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Article 94

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  • 1 In the case of, or under general management, rules may be laid down for the purpose of the safe use of particular railways, including in any case rules on:

    • a. technical characteristics of the railway infrastructure;

    • b. Security features and measures;

    • c. Signalling;

    • d. Opening of railway bridges;

    • e. technical properties, as well as approval and admission to the movement of railway vehicles;

    • f. Traffic behaviour;

    • g. conditions under which the use of special railways is authorised; and

    • h. Driving skills and driving privileges.

  • 2 In the case of a general measure of management, categories of particular railways may be distinguished.


Article 95

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The rightholder in respect of a particular or local railway which is subject to the operation of the Directives 91 /440/EEC , 18 or 2001 /14/EC the right to access or use shall be granted to railway undertakings in accordance with the rules laid down in those Directives and, moreover, to fair, reasonable and non-discriminatory conditions. Article 26 shall apply mutatis mutandis. The authorisation referred to in Article 2 (b) of Directive 95 /18/EC , is granted by Our Minister with corresponding application of Chapter 3, Section 2 .


§ 10. Information lamp

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Article 96

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  • 1 In so far as the main railways are concerned, railway undertakings and an administrator are required by our Minister orally, in writing or in any other way-this at the discretion of our Minister after consultation with the railway undertaking concerned or the relevant railway undertaking. Administrator-to provide all information based on them and to have access to books and documents relating to the use or management of railways and their transport, provided that our Minister reasonably provides for the performance of the of his job needs.

  • 2 The person to whom data is required under the first paragraph shall be obliged to inform the Secretary of State and, within the period to be determined by the Minister, to provide it in full and in truth and the person of whom access is sought require this undisturbed to be provided.

  • 3 Our Minister uses information or intelligence on a railway undertaking which he has obtained in relation to any activity for the performance of one of his tasks, solely for the performance of that task.


Article 96a

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  • 1 The person concerned, as referred to in Article 15 (3) of Directive 2012 /34/EU, shall, upon request, communicate to our Minister the information and information he needs to meet a request from the Commission within the time limit to be determined by him. European Commission for information on the use of the railway networks and the development of framework conditions in the railway sector as referred to in Article 15, third and fourth paragraph, of Directive 2012 /34/EU.

  • 2 The rules of our Minister may lay down detailed rules on the subjects referred to in paragraph 1.


§ 11. The processing of personal data

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Article 97

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To the extent necessary to assess compliance with the rules laid down in or under this Law, data concerning the behaviour of drivers, the conduct of a holder of authorisation and the health of personnel may be provided processing. Our Minister is responsible for the processing of the data as intended in the Personal data protection law .

Chapter 7. Exceptional circumstances [ Expired on 16-03-2005]

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Article 98 [ Verfall by 16-03-2005]

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Article 99 [ Expired on 16-03-2005]

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Article 100 [ Expired on 16-03-2005]

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Article 101 [ Exposition by 16-03-2005]

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Article 102 [ Exchanges by 16-03-2005]

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Chapter 8. Approximation and repeal of other laws

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Article 103

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The following laws shall be repealed in a time to be determined by royal decree, which may be determined differently for the various articles or parts of such articles:


Article 104

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Company Law Governance Jurisprudence Act.]

Article 105

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modification of the exception states for the Coordination Act.]

Article 106

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Transport Emergency Act.]

Article 107

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Law on Economic Crimes.]

Article 108

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change of the Tracing Act.]

Article 109

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Noise Nuisance Act.]

Article 110

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Infrastructure Fund Act.]

Article 111

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modification of the Law of the Sixty-five Companies 1954.]

Article 112

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Amenes the Road Traffic Act 1994.]

Article 113

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Code of Criminal Law.]

Article 114

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Road Act.]

Article 115

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Law Council for Transports Security.]

Chapter 9. Transitional and final provisions

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§ 1. Transitional regulatory provisions

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Article 116 [ Expated by 01-12-2015]

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§ 2. Other transitional provisions

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Article 117

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The compensation obligation for the purpose of the compensation Article 57, 1st and 2nd member, of Book 5 of the Civil Code , do not rest on the owner of an erf with a right of way out over the main railway, if that was in effect on the day prior to the day on which Article 103 (a) -, comes into force.


Article 118

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  • 1 To the first day of the fourth calendar month following the day on which Article 28 enters into force, holders of an authorisation for public transport by train, granted under the Passenger Transport Act or by the Passenger Transport Act 2000 , and holders of a recognition as a railway undertaking, issued by our Minister, qualified for the application of this Act as holders of a business licence.

  • 2 The first paragraph shall also apply after the period referred to therein in respect of the holders referred to in paragraph 1, if they have applied for an authorization as referred to in the first paragraph before the end of that period. Article 28 and as long as it has not been irrevocably decided upon.


Article 119

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  • 1 Licences as a result of Article 29a of the Railway Act (Stb. 1875, 67) have been granted and apply at the time of entry into force of this Act, shall be issued from the day on which Article 28 'entry into force' means the entry into force of the following: Article 28 .

  • 2 Applications for licence applications Article 29a of the Railway Act (Stb. 1875, 67) were taken by Our Minister before the date of entry into force of this law, become from the day when Article 28 'entry into force' means applications for authorisation based on Article 28 .


Article 120

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  • 2 The concession referred to in paragraph 1 shall, after the period referred to therein, be considered as a safety certificate within the meaning of Article 32 , if the holder has applied for a safety certificate as intended for that day, Article 32 and as long as it is not irrevocably decided upon.


Article 121

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Main railway infrastructure in accordance with the applicable rules applicable on the day prior to the day on which the Article 6 enter into force, shall be used as of the day of the entry into force of this Regulation. that Article Acts shall be deemed to be in accordance with that Article .


Article 122

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Article 39, first paragraph , does not apply to railway vehicles and equipment which have been put into service before 1 January 2005.


Article 123

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Recognitions on the basis of Article 32d, seventh paragraph, of the Railway Act (Stb. 1875, 67) with effect from the day on which the Article 93 enters into force Article 93, first paragraph .


Article 124

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  • 1 By way of derogation from Article 2, second and third paragraphs The railways may be designated as the main railways if, directly or indirectly, these railways are built, directly or indirectly, at the expense of the State and in the view of our Minister, that it is sufficient to find that the railways are period of two years prior to the date of entry into force of Article 2, second paragraph These railways were maintained by Railinfrastructure, for example, established in Utrecht.

  • 2 To 1 January 2013 may derogate from Article 2, second and third paragraphs Railways as the main railways will be designated, if, for example, Railinfrastructure management, or Railinfratrust, for example, established in Utrecht, or their successor in law, is entitled to the railways.


Article 125

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  • 1 Where the State holds all the shares in the capital of Railinfratrust e.g., established in Utrecht, a date to be determined by royal decree of all the assets of that company not under the general title of the State.

  • 3 For the purpose of the transfer referred to in paragraph 1, no dividend, sales tax, or transfer tax is payable. No tariff shall be payable in respect of the receipt and processing in the public registers.

  • 4 In legal proceedings and legal proceedings involving the company referred to in paragraph 1, the State shall enter the place of that company from the date referred to in paragraph 1.


§ 3. Final provisions

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Article 126

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Our Minister shall send to the States-General in the year 2006 a report on the effectiveness and effects of this law in practice.


Article 127

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The articles of this Law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.


Article 128

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This law is cited as: Railway law.

Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Given at The Hague, 23 April 2003

Beatrix

The Minister of Transport and Water,

R. H. de Boer

Published on the 30th June 2003

The Minister of Justice,

J. P. H. Donner