The Regulation On Rail Transport Business Etc. On The National Railway Network (Rail Regulation)

Original Language Title: Forskrift om jernbanevirksomhet mv. på det nasjonale jernbanenettet (jernbaneforskriften)

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The regulation on rail transport business etc. on the national railway network (rail Regulation) date FOR 2010-12-10 Ministry-Ministry of transportation 1568 published in 2010 clips 13 effective date last modified FOR 01.01.2011 Change-2005-12-16-1490 applies to Norway Pursuant LAW-1993-06-11-100-section 3d, LAW-1993-06-11-100-section 3e, LAW-1993-06-11-100-section 3f, LAW-1993-06-11-100-section 3 g, LAW-1993-06-11-100-section 4, LAW-1993-06-11-100-section 5, LAW-1993-06-11-100-section 6, LAW-1993-06-11-100-section 7, LAW-1993-06-11-100-section 8, LAW-1993-06-11-100-section 11, LAW-1993-06-11-100-section 13, LAW-1993-06-11-100-section 15og section 16, FOR-1996-11-22-1076, FOR-1997-04-04-275 Announced at 14.12.2010. 14.35 short title Railway Regulations Chapter overview: Chapter 1. Introductory provisions (§ § 1-1-1-4) Chapter 2. Access to the national railway network trafikkere etc. (§ § 2-1-2-5)
Chapter 3. More on the right to international passenger transport (§ § 3-1-3-4) Chapter 4. Special conditions etc. to the railway undertakings and the infrastructure manager in connection with the operation (§ § 4-1-4-4) Chapter 5. License for railway enterprises (§ § 5-1-5-12) Chapter 6. Safety certificate for railway undertakings (section section 6-1-6-10) Chapter 7. Security authentication of infrastructure manager (sections 7-1-7-7) Chapter 8. Market surveillance (§ § 8-1-8-3) Chapter 9. Administrative provisions (§ § 9-1-9-5) Chapter 10. Entry into force and transitional provisions (section 10-1) Title: laid down by the Ministry of transportation 10. December 2010 under the legal authority of the law 11. June 1993 No. about 100 construction and operation of the railway, including light rail, underground and suburban railway and more (railway law) section 3d, section 3e, 3f, 3 g, § §, § 4, section 5, section 6, section 7, section 8, section 11, section 13, section 15 and section 16, jf. the delegation decision 22. November 1996 No. 1076 and delegation decision 4. April 1997 No. 275. the EEA Joint referrals: the EEA Agreement annex XIII Nr. 37 (Directive 91/440/EEC as amended by Directive 2001/12/EC, Directive 2004/51/EC and Directive 2007/58/EC), Nr. 42A (Council Directive 95/18/EC as amended by Directive 2001/13/EC), Nr. 41b (Directive 2001/14/EC), Nr. 41e (Directive 2004/49/EC) and no. 95 (recommendation 2004/358/EC).

Chapter 1. Preliminary provisions section 1-1. Scope the regulation applies to: a) access to trafikkere the national railway network and access to the port and terminal tracks, b) license to the railway companies to operate cargo and/or passenger transport on the national railway network with the associated tracks, c) security certificate to the railway companies to operate cargo and/or passenger transport on the national railway network with the associated tracks, and access to training facilities, d) security approval to the infrastructure manager to operate the railway infrastructure which is a part of the national railway network , e) market surveillance.

§ 1-2. Prerequisites for trafikkering a railway undertaking must have access, license and safety certificate as well as have been awarded ruteleie of the infrastructure manager to be able to trafikkere the national railway network.

§ 1-3. The authorities ' tasks, delegation etc. The Ministry of transportation provides access to trafikkere the national railway network under section 2-2.
The Ministry of transport approves the transport terms and conditions and the additional fee for scheduled public passenger transport under section 4-1 of the regulations here.
The Ministry of transportation can in special cases make exceptions to the regulations here when this is not in violation of international agreements that Norway has entered into.
Norwegian railway supervision is supervisory authority according to the Railway Act 3d, section 3e, section 3f, section 3 g, section 12 and section 13.
Norwegian railway supervision practitioner supervision according to the Railway Act and the authority of the Ministry in the Railway Act fifth paragraph to revoke permissions granted in pursuance of the law by violating the conditions and requirements that are set to the business.
The State's Railway Inspectorate issues the license, the security certificate and security authentication. Norwegian railway supervision is the security authority according to Directive 2004/49/EC.
The State's Railway Inspectorate of the Ministry to the authority. to approve rolling stock and infrastructure etc. According to the Railway Act section 4 and section 5.
The State's Railway Inspectorate monitors the competition on the markets for rail transport, including the markets with freight transport by rail in accordance with Directive 91/440/EEC Article 10 point 7, amended by Directive 2001/12/EC, and can provide regulations that complement the chapter 8 of the regulations here.
Norwegian railway supervision decides whether the main purpose of the international passenger transport service as mentioned in section 2-1 the first paragraph, LITRA d of the regulations here are cross-border passenger transport.
The State's Railway Inspectorate determines whether the international passenger transport service will be able to compromise the economic equilibrium of the contract for the public service performance.
Norwegian railway supervision can in regulation or individual decisions fix closer to requirements for and terms and conditions in order to operate the railway business to ensure the consideration of a secure and appropriate traffic winding up as well as the environment after the railway law § 6.
The State's railway supervision can in the Regulation stipulate that traffic controls will have the authority to put in place immediate measures to ensure a secure and appropriate traffic winding up in connection with the practicing of traffic management.

section 1-4. Definitions in the regulations here be understood with: a) the national railway: the railway infrastructure that is designed for passenger transport and/or goods transport and that is managed by the Norwegian National Rail Administration as infrastructure manager, (cf. the dog section 4-2 the second paragraph), b) infrastructure manager: any body or undertaking that is responsible in particular for creating and maintaining railway infrastructure, or part of this as specified in Directive 91/440/EEC Article 3; This may also include the management of the control and safety systems for infrastructure. Infrastructure manager's tasks on a network or part of a network may be allocated to different bodies or undertakings, c) railway undertakings: railway undertakings as defined in the distribution regulations, and any other public or private companies, if the business is to provide services for the transport of goods and/or passengers by rail, and which undertakes to ensure traction; This also applies to companies that only provide traction, d) railway business: business which operates freight and passenger transport, railway infrastructure and traffic management, e) combined goods transport: article 1 of Directive 92/106/EEC, f) license: a permit issued to a company in an EEA Member State or Switzerland, where it is recognized that the railway undertaking in accordance with Directive 95/18/EC. The recognition can be restricted to the exercise of certain forms of transport, g) regional transport: transport services carried out in order to meet the transport demand in a region, h) security authentication: a verification that the infrastructure manager, including traffic control has its own security management system that can meet the requirements set out in TSIer and in other relevant EEA rules as well as the requirements in or pursuant to the Railway Act, in) security certificate: a confirmation that the railway undertaking has its own security management system that can meet the requirements set out in TSIer and in other relevant EEA rules as well as in national safety rules, j) security management system: Organization and systems created by an infrastructure manager or a railway undertaking with a view management of the secure their business, k) samtrafikkevne technical specifications (TSI): the specifications that apply to each subsystem with the objective of fulfilling the basic requirements and ensure samtrafikkevnen in the trans-European rail systems for high-speed rail and conventional rail as specified in Directive 96/48/EC and Directive 2001/16/EC , l) transport in the cities and suburbs: transport services performed to meet the transport need in a city centre or an urban area, as well as the transport needs between this city or this metropolitan area and suburbs, m) international passenger transport service: passenger transport where a train crosses at least one EEA State limit and where the service's primary purpose is to transport passengers between stations in different Contracting States; the train can be connected together or separated, and the different sections may have different origin and destinations, provided that all wagons cross at least one border.

Chapter 2. Access to the national railway network trafikkere etc.

section 2-1. The railway companies that have access to the national railway network trafikkere the following railway companies whose main business is the transportation of goods and/or people, has on affordable terms access to trafikkere the national railway network under the condition that the entity have a license and the security certificate for the relevant type of transportation and stretch: a) the NSB AS, b) AS the Airport Express train to the extent the Ministry determines, c) railway undertakings that will drive the national and international freight transport of any kind , d) railway undertaking which has as a main purpose to operate international passenger transport, e) railway companies that will drive the international combined goods transport, f) railway undertakings that are assigned to the agreement on passenger transport with the public, on the part of the national railway network that the deal includes.

Access also includes the necessary transportation of the material on the national railway network.
If it is given special dishes on the basis of agreement with the public after the first paragraph of the letter f, the Ministry can limit the access right corresponding to the NSB AS.

section 2-2. The railway undertaking which can search the Ministry about the access to the national railway network trafikkere to perform passenger transport the following railway companies that are established in Norway by the Ministry can be given access to trafikkere all or part of the national railway network to perform passenger transport: a) undertakings which only operate passenger transport in cities and suburbs or regional passenger transport on own infrastructure, b)

companies that will drive the passenger transport on the part of the national railway network where NSB AS has set to traffic, c) companies that will drive the Museum business or other person shuttle with a limited scope.

Access right can only be exercised if the railway undertaking is licensed by Chapter 4 and security certificate after chapter 5 of the regulations here.
Access after the letters a and b are given in cases where this will contribute to an appropriate traffic winding up. Access by letter c can only be provided if the traffic your business will not be in competition with scheduled public passenger transport.

§ 2-3. Prohibition of transfer, etc., Access granted by the Department pursuant to section 2-2 to trafikkere the national railway network may not be assigned, including rented, leased, lent or otherwise be left to others.

§ 2-4. Revocation of access to the national railway network trafikkere Access to trafikkere the national railway network under section 2-2 can be revoked by the Ministry if the railway undertaking does not meet the criteria that is set for access.
Access can also be revoked when it has not been used in the last six months from the day it could have been put to use. The same applies if the company ceased for six months.

section 2-5. Access to the port and terminal tracks that are attached to the national railway network access to the tracks and the provision of services in the terminals and ports linked to rail activities and as more than an end user using or can use, to be provided to all railway undertakings in a way that provides visibility and not differentiates between means of. Requests from the railway undertaking may be ordered restrictions only if there are possible options with the railway on the market conditions.

Chapter 3. More on the right to international passenger transport section 3-1. Assessment of the main purpose of the transport Norwegian Railway Inspectorate determines, at the request of the affected Government or the railway undertaking, whether or not the main purpose of the service's international passenger transport.

section 3-2. Right to stop along the way on the route, including the right to take up and put off passengers in Norway By the execution of international passenger transport services have the railway undertaking the right to bring passengers from any station along the international route and to set them off by another drive, including drives that are located in Norway.

section 3-3. Limitation in the right to take and put off passengers in Norway the Court pursuant to section 3-2 is limited for services between a departure and arrival place covered by one or more contracts for public service performance that is in accordance with applicable EEA regulations. Such a limitation could not narrow down the right to bring passengers from any station that is located along an international route, or to set them off by another drive, including drives in the same State, with the exception of the cases when the exercise of this right will be able to compromise the economic equilibrium of a public service contract performance.
The State's Railway Inspectorate shall, at the request of affected Governments and railway companies, make an objective economic analysis to assess whether the economic equilibrium of the contract for the public service performance will be able to become corrupted.
By the assessment of whether the economic equilibrium of the contract for the public service performance will be able to be damaged, to the emphasis on the consequences for the profitability of the services that are covered by the contract for public service performance, including the importance of the net cost of the purchase or the competent authorities that awarded the contract, passenger demand, ticket pricing, valuation systems, location of and number of stops on both sides of the border and route table , including the number of departures and time for the issues.
On Gjøvikbanen is the right to take and put off passengers along the way for international passenger transport services limited until the route forward shift in June 2016.

section 3-4. The processing rules, etc. The railway undertakings that intend to apply for infrastructure capacity to operate international passenger transport shall inform the infrastructure manager and the Railway Inspectorate the State about this. The State's Railway Inspectorate may request supplementary information in order to make a decision under section 3-1 and § 3-3.
Norwegian railway supervision shall ensure that the information provided under subsection sent it or the Government that assigned the contract of public service performance and the railway undertakings that meet the contract for public service performance. The State's supervision at the same time the train sets out a deadline for the parties as mentioned in the first sentence to ask for the Authority's consideration according to § 3-1 and § 3-3. These parties shall give the authority the necessary information that is required to meet such a decision.
Norwegian railway supervision to meet its informed decision within a set reasonable deadline, and under all circumstances within two months after having received all relevant information.
Norwegian railway supervision to educate people in its decision within what period of time and under what conditions affected Governments, infrastructure manager, railway undertaking that meets the contract about the public service performance or the railway undertaking applying for access may ask for renewed processing of the decision.

Chapter 4. Special conditions etc. to the railway undertakings and the infrastructure manager in connection with the operation section 4-1. Special conditions etc. to the railway companies in connection with the operation the Ministry to approve the transport conditions of the railway undertaking that operates the scheduled public passenger transport.
The Ministry to approve the additional charge for travellers without a valid ticket.
Railway undertakings will be operated according to the principles which apply to commercial companies, which also include the commitments to public service performance that the State, where appropriate, imposes on them and the contracts public service performance as they are included with the competent authorities.
The railway undertaking adopts even their business plans, including investment and financing plans. These plans should be drawn up for enterprises to achieve financial equilibrium and the other goals for the technical commercial and financial management; They shall also determine the means to carry out these goals.
Railway undertakings should lead and publish the score from financial statements and either balance sheets or an annual overview of the assets and liabilities in connection with the execution of goods transport by rail. Funds paid to the business in connection with the execution of passenger transport which are included in the public service, shall be separated in the relevant accounts and must not be transferred to the business in connection with the execution of the different transport or other forms of business.

§ 4-2. Special conditions to the infrastructure manager in connection with the operation Infrastructure Manager shall prepare a business plan that includes investment and financing programs. The plan will be designed with a view to ensure optimal and efficient use and development of the railway infrastructure while ensuring financial balance and include those assets that are necessary to achieve these goals. The Ministry may give further guidelines for the preparation of such plans.
To ensure the commitments given in Directive 2001/14/EC, the Ministry in regulation or individual decisions set special conditions for private businesses that want to create and maintain the railway infrastructure that will be included as a part of the national railway network. In addition, there are requirements for insurance/warranty for damages that may occur due to the business.

section 4-3. Criteria for financial statements in the integrated railway companies For integrated railway companies shall be entered and released separate results financial statements and balance sheets, on the one hand for the business associated with the performance of the Railway Enterprise transport services and on the other side of the business associated with the management of the railway infrastructure. Any public assistance paid out to one of these enterprise areas cannot be transferred to the other. The financial statements for the two business areas will have a form that reflects this prohibition.

§ 4-4. Special conditions to the agreements between the railway undertaking and infrastructure manager shall enter into Railway undertakings the necessary agreements with the infrastructure manager for the railway infrastructure used. The terms of such agreements should ensure visibility and access without discrimination, in accordance with the allocation regulations.

Chapter 5. License for railway undertakings section 5-1. Requirements for the license to be Railway trafikkere undertaking the national railway network must have a license for this chapter. The license apply throughout the EEA area. License issued in another EEA Member State or in Switzerland apply in Norway.

section 5-2. The terms of the license which is established Railway companies in Norway must meet the conditions of the record, financial ability and academic excellence, as well as insurance/warranty as described in section 4-3 of § 4-6 to get the license. The license can be restricted to a particular type of transport. The license is issued by the State's railway supervision on special form according to the kommisjonsrekommandasjon 2004/358/EC with your customizations.

section 5-3. Record and the owner of the company must have good character and not be bankrupt. The owner is a legal person must General Manager meet the requirements. It can also be set to the requirements that other people in the lead must meet these requirements.
The requirement of good record is fulfilled when the persons referred to in the first paragraph: a) has not been convicted of serious criminal matters, including the violation of commercial art, b) has not been convicted of serious violations of the particular legislation that applies to transport, c)

not been convicted of serious or repeated violations of the social legal or labour relations obligations, including obligations under the worker protection and working environment legislation, and the obligations arising out of the legislation when it tol is about a company that would like to carry out cross-border goods transport subject to customs procedures.

To document that the requirements of the record are true, it must be lodged the police certificate for the persons mentioned in the first paragraph.

§ 5-4. Economic ability the entity must have adequate financial ability.
The requirement of financial ability is fulfilled when the entity can demonstrate that in a period of twelve months can fulfill their obligations, current and potential which should be assessed on a realistic basis, and the company does not have significant arrears of taxes or social security tax.
To document that claim to financial ability is met, the entity must submit financial statements or, if this is not possible, the annual balance sheet.
The company must further provide information on the following conditions: a) available funds, including the claim of the bank, granted the cash credit and loans, b) capital and assets that can be set as security, c) operating capital, d) relevant costs, including acquisition costs and á account payments in connection with the vehicle, because, buildings, installations and rolling stock, e) costs which is incumbent on the company's assets.

The information will be documented through an audit report and suitable documentation from the bank, accountant or certified public accountant.
It will be presented the tax certificate.

section 5-5. Professional skill requirements of academic excellence are met when the railway undertaking seeking license, have or will have a management organization that has the knowledge and/or experience necessary to exercise safe and effective operational control and monitoring of operating forms specified in the license.
To document the requirements of academic excellence, it must forward the following documentation: a) the description of the business to be operated, b), c) certificate of registration information about academic excellence in management organization, including eligibility requirements.

section 5-6. Insurance/warranty the railway undertaking to be adequately insured or have security for any liability that may arise due to the business, including coverage of liability in case of accidents, especially when it comes to passengers, luggage, cargo, mail and third parties. Insurance/warranty must as a minimum have a coverage on 4500 G (12 times the basic amount) per damage case.
To document the claim to the insurance/warranty are met, it must be presented information about the insurance or guarantee covering the liability referred to in the first paragraph.

section 5-7. Processing time application for license shall be settled as soon as possible and no later than three months after the Norwegian Railway Inspectorate has received all the necessary information.

section 5-8. The responsibility for the business responsible for the business lies with the one that holds the license. The responsibilities include, among other things, that business operates within the acceptable risk, and that the terms and conditions that are set for business in or in pursuance of the law are met.

section 5-9. Prohibition of transfer, etc., the license may not be assigned, including rented, leased, lent or otherwise be left to others.

section 5-10. The licence validity a license is valid as long as the railway undertaking meets the requirements to record, financial ability, academic excellence and insurance/warranty as described in section 4-3, section 4-4, section 4-5 and section 4-6.

section 5-11. License renewal at the change of the railway company's legal position and more Norwegian railway supervision to be notified by the changes of the railway company's legal position, including change of General Manager, changes in ownership, such as a merger, takeover or major changes in the ownership composition. Norwegian railway supervision can in such cases require a search to look for a new license. The business can continue while the application is being processed if the security be safeguarded.
If a railway undertaking intends to change or expand their business significantly, should the license presented Norwegian Railway Inspectorate for renewed consideration.

section 5-12. Suspension and revocation of license the license shall be suspended or cancelled by the State's railway supervision if the requirements are no longer met. At the bankruptcy Manager or equivalent treatment to the license is revoked, if there are realistic opportunities for a satisfactory financial restructuring within a reasonable time limit.
When a railway undertaking has tuned its operations for six months or has not started operations six months after the license is issued, the State's Railway Inspectorate decide that the license shall be suspended or cancelled and lodged for renewed consideration.
A railway undertaking may apply for a longer time limit for start up operations if shuttle service's special character implies this.
If the license be suspended or revoked on the ground that the requirement of financial ability is no longer true, the State's railway supervision while the railway undertaking the reorganization, issue the temporary license with validity up to six months, provided that the security be safeguarded.

Chapter 6. Safety certificate for railway undertakings section 6-1. Claims about the security certificate Railway companies with license issued by the State's railway supervision must have security certificate pursuant to section 6-2.
The railway companies with license and safety certificate from another EEA State or Switzerland and the security certificate pursuant to section 6-2 letter a, must have the security certificate pursuant to section 6-2 letter b and meet the requirement for insurance in section 6-3.
The security certificate shall specify the type of transportation that goes for and may include all or part of the national railway network, and should contain a confirmation that the railway undertaking has a security management system that specified in the security regulations. The security certificate shall contain a confirmation of acceptance of the measures taken by the railway undertaking to meet specific requirements necessary for the safe operation of the national railway network.

§ 6-2. Criteria for the security certificate and access to the necessary training to get issued the security certificate must train the entity a) have a safety management system that meets the requirements of the safety regulations, as well as meet the requirements set out in TSIer and other relevant EEA provisions, and b) could meet specific national requirements that are set for the purpose of risk management and safe use of the Web.

The certification that is performed after the first paragraph, LITRA a apply throughout the European economic area for the corresponding rail transport.
To document that claim in the letter b are met must provide railway undertakings the following documentation: a) description of how security management system ensures compliance with the requirements in or in pursuance of the railway law and other rules that apply to your business, including provisions for personnel and rolling stock, b) description of the different categories of personnel at the enterprise or at under the vendor, and how these meet the requirements of or pursuant to the Railway Act and the documentation that shows that the personnel are duly authorized or certified , c) description of the different types of rolling stock to be used in the business, including the documentation that shows that the material meets the requirements of or pursuant to the Railway Act and, where appropriate, approved or allowed.

It should only lodged for the concise documentation items that meet TSIer and other requirements set out in the interconnection regulations and high speed regulation.

section 6-3. Insurance Companies with license issued in another EEA Member State or Switzerland must be insured or have security for any liability that may arise due to the business, including coverage of liability in case of accidents, especially when it comes to passengers, luggage, cargo, mail and third parties. Insurance/warranty must as a minimum have a coverage on 4500 G (12 times the basic amount) per damage case.
To document the claim to the insurance/warranty are met, it must be presented information about the insurance or guarantee covering the liability referred to in the first paragraph.

section 6-4. Language the application should be designed in Norwegian.

section 6-5. Processing time applying for a safety certificate will be settled promptly and no later than four months after the Norwegian Railway Inspectorate has received all the required information and any additional information required. If the applicant is requested to provide additional information, these lodged immediately.

section 6-6. The responsibility for the business responsible for the business lies with the security certificate. The responsibilities include, among other things, that business is run within an acceptable risk, and that the terms and conditions that are set for business in or in pursuance of the law are met.

section 6-7. Prohibition of transfer, etc., the security certificate may not be assigned, including rented, leased, lent or otherwise be left to others.

section 6-8. Renewal and change of the security certificate security certificate be renewed upon application from the railway undertaking at least every five years.
The railway undertaking shall promptly inform the Norwegian Railway Inspectorate on all significant changes in the assumptions that were added to the reason for the issuance of the security certificate. The entity shall, in addition, inform the Norwegian Railway Inspectorate every time it introduced a new type of category personnel or new types of rolling stock.
The State's Railway Inspectorate can require that the security certificate should be revised by significant changes in requirements in or pursuant to the Railway Act. The security certificate is maintained in whole or part by any significant changes of nature or scope.
Forskriftens § 6-5 also applies upon renewal.


section 6-9. Revocation of security certificate the State's Railway Inspectorate to revoke all or part of the security certificate if the railway undertaking does not meet the requirements of the security certificate.
The State's Railway Inspectorate to revoke a security certificate if it turns out that the business has not used it in the year after the issuance.

section 6-10. The right to access to training and the railway companies to have access to the training of drivers and train staff from the offering such training, and where such training is necessary to achieve the security certificate, on equal terms and without discrimination to a reasonable and fair price according to the cost, which also may include a profit margin.
The services offered, must include training in the necessary line knowledge, operating rules and operating methods, the system for signal design and management, as well as the current procedures by emergency situations on the right lines.
When the railway companies hiring new drivers, new train personnel and new personnel to perform important security tasks there should be able to take into account the training, qualifications and experience that can be achieved in the past from other railway undertakings. In view of this has mentioned the right to receive personnel access to and copies of, as well as to provide all documents that confirm their training, qualifications and experience.
Access to training and the responsibility for the level of training by the way is going to take place in line with the provisions of article 13 of Directive 2004/49/EC.

Chapter 7. Security authentication of infrastructure manager section 7-1. Demands for security authentication Infrastructure manages on the national railway network must have the security authentication issued by the Norwegian Railway Inspectorate. Security validation includes own transport in connection with the operation and maintenance, etc., of the infrastructure. Security validation will also include the associated infrastructure such as infrastructure manager after the agreement undertakes to drive for private.
Security validation should include a confirmation of acceptance of the infrastructure manager's safety management system. Further to the approval confirmation of acceptance contain of the conditions in section 7-2.

section 7-2. Criteria for approval to be issued security authentication infrastructure must manage: a) have a safety management system that meets the requirements of the security regulations and b) be able to meet specific requirements necessary for the safe design, secure maintenance and safe operation of the railway infrastructure, including the maintenance and operation of the system for traffic management and signal giving.

section 7-3. Processing time application for security authentication will be settled promptly and no later than four months after the Norwegian Railway Inspectorate has received all the required information and any additional information required. If the applicant is requested to provide additional information, should these lodged immediately.

section 7-4. The responsibility for the business responsible for the business lies with the security validation. The responsibilities include, among other things, that business operates within the acceptable risk, and that the terms and conditions that are set for business in or in pursuance of the law are met.

§ 7-5. Prohibition of transfer, etc., the security validation may not be assigned, including rented, leased, lent or otherwise be left to others.

section 7-6. Renewal and change of security authentication Security validation be renewed upon application from the infrastructure manager at least every five years.
Security validation to partially or completely is maintained by all significant changes of the infrastructure, the signal system or energy supply or of the principles of operation and maintenance of these. The infrastructure manager shall promptly inform the Norwegian railway supervision of all such changes.
Norwegian railway supervision may require the revision of the security validation after significant changes of the requirements set out in or pursuant to the Railway Act.
Forskriftens § 6-3 also applies for the renewal and updating of security validation.

section 7-7. Revocation of security authentication Norwegian Railway Inspectorate to revoke the security validation if the infrastructure manager no longer meet the requirements that apply to security validation.

Chapter 8. Market surveillance section 8-1. The purpose of market surveillance the purpose of market surveillance is to work for an effective railway market with healthy competition and equal conditions.

section 8-2. Complain all applicants or other parties concerned can make complaint to the Norwegian Railway Inspectorate in matters covered by the section 1-3 eighth paragraph, if they believe that they have been unfairly treated, subjected to discrimination or violated in other ways.

section 8-3. Norwegian railway supervisory authority the State's Railway Inspectorate shall as soon as possible on the basis of a complaint or on its own initiative, take a decision about the appropriate action to remedy an undesirable development in the market.

Chapter 9. Administrative provisions section 9-1. The processing rules if not otherwise expressly determined in the regulation here applies management the processing rules. This also includes that State's railway supervision to provide guidance on how to license and safety certificate is obtained and which requirements that apply, including access to the regulations and any other documents that are relevant in connection with the applications. It is to be given in particular guidance to train companies applying for the security certificate for the services on a particular limited part of an infrastructure, with a particular statement of the rules that apply for the appropriate section.
The State's Railway Inspectorate shall publish an application guidance stating and explanation of requirements in connection with security certificates and a list of documents that must be added. This should be available for all applicants free of charge.

section 9-2. Notification to other authorities if there is serious doubt about a railway company license issued by the authority in another EEA Member State or Switzerland meets the requirements of Directive 95/18/EC, the Norwegian Railway Inspectorate without undue delay inform the competent lisensutstedende authority in the EEA State or Switzerland.
By the issuing, suspension, revocation or modification of the license to the State's railway supervision as soon as possible inform the Ministry about this so that the Ministry can notify the EFTA surveillance authority.
The State's Railway Inspectorate shall within one month inform the European Railway Agency (ERA) about security certificates and safety approvals that are issued, renewed, amended or revoked. It should specify the name and address of the railway undertaking or infrastructure manager, issue date, scope and validity of the security certificate or security validation and the reasons for a possible recall.
If the Norwegian Railway Inspectorate revokes a security certificate issued pursuant to section 6-2 letter b shall immediately inform the national security authority of the State that issued the security certificate in accordance with Directive 2004/49/EC (safety directive) art. 10 No. 2 letter a on this.

section 9-3. Notification of changes in the law or regulations, etc. The Ministry is to immediately inform the EFTA surveillance authority about all changes of the national security policies and about the all new such rules laid down, unless the current rule solely affects the implementation of TSIer.
Norwegian railway supervision to each year draw up and make public a report on the preceding business year. The report shall contain the following information: a) the development of railway safety, including an overview of the situation on the membership plan with respect to the common safety indicators as indicated in Annex i of Directive 2004/49/EC, b) important changes in laws and regulations with respect to railway safety, c) developments with regard to the security certification and security authentication, d) results and experiences from the surveillance of infrastructure managers and railway companies.

The report to be submitted to the European Railway Agency (ERA) within 30. September each year.

section 9-4. Hearing of the parties concerned and the EFTA Surveillance Authority (ESA) by the introduction of new national safety rules If the State's railway supervision, after the adoption of the common security goals, will introduce the new national security rules that require a higher level of security than the common security goals, or if the State's railway supervision will introduce the new national security rules that may affect the business of the railway undertaking from other EEA States that operate on Norwegian territory, to all affected parties be heard in good time.
The Ministry shall also submit the draft to the security rules with the justification for the introduction of the EFTA surveillance authority.

section 9-5. Council Directive 90/531/EEC the provisions of this Regulation shall not affect Council Directive 90/531/EEC of 17. September 1990 on the procurement rules for clients in the field of water and energy supply, transportation and telecommunications.

Chapter 10. Entry into force and transitional provisions § 10-1. Entry into force, etc. The regulation will take effect 1. January 2011. At the same time, suspended license regulations of 16. December 2005 Nr. 1490. The regulations given in the regulations with the permission of 5. February 2003 No. 136 or in the license regulations of 16. December 2005 Nr. 1490 still applies after the regulation here will take effect.

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