The regulation on rail transport business, service facilities, fees and allocation of infrastructure capacity, etc. (railway regulations)
Date-2016-12-20-1771 the Ministry of Transport Ministry Published in 2016 clips 18 entry into force 01.01.2017 last modified the Change FOR-2010-12-10-1568, FOR-2003-02-05-135, FOR-2010-06-16-820,-2010-12-10-1569 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 5a, LAW-1993-06-11-100-section 5b, 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 10, LAW-1993-06-11-100-section 11, LAW-1993-06-11-100-section 11b, LAW-1993-06-11-100-section 13, LAW-1993-06-11-100-section 15, LAW-1993-06-11-100-section 16, FOR-1996-11-22-1076, FOR-1997-04-04-275, FOR-2016-12-16-1590 Announced at 28.12.2016. 16.35 Directed 29.12.2016 (of the field) short title Railway Regulations Chapter overview: Chapter 1. Introductory provisions (§ § 1-1-1-3) Chapter 2. Access to trafikkere railway network, etc. (§ § 2-1-2-6)
Chapter 3. Special requirements to the railway undertakings and the infrastructure manager (sections 3-1-3-5) Chapter 4. Rail related services (§ § 4-1-4-6) Chapter 5. Web Guide (§ § 5-1-5-2) Chapter 6. Fees for the use of railway infrastructure and services (§ § 6-1-6-9) Chapter 7. Framework agreements (§ § 7-1-7-3), Chapter 8. Allocation of infrastructure capacity (§ § 8-1-8-8) Chapter 9. Conflicts of interest and overloaded infrastructure (§ § 9-1-9-7) Chapter 10. Awarded infrastructure capacity (sections 10-1-10-4) Chapter 11. Market monitoring (§ § 11-1-11-6) Chapter 12. Final provisions (§ § 12-1-12-6) attachment in. list of railway infrastructure facilities annex II. Principles of the performance scheme referred to in section 6-6 Appendix III. Basic principles and parameters for the agreements between the competent authority and infrastructure manager Title: laid down by the Ministry of transportation 20. December 2016 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 5a, section 5b, section 6, section 7, section 8, section 10, section 11, section 11b, section 13, section 15 and section 16, jf. the delegation decision 22. November 1996 No. 1076, the delegation decision 4. April 1997 No. 275 and the delegation decision 16. December 2016 Nr. 1590. 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. 41b (Directive 2001/14/EC as amended by decision 2002/844/EC and Directive 2004/49/EC) and no. 42A (Council Directive 95/18/EC as amended by Directive 2001/13/EC).
Corrections: 29.12.2016 (of the field).
Chapter 1. Preliminary provisions section 1-1. Scope (1) these regulations apply.
a) access to trafikkere railway network and to the service facility, including port and terminal tracks, and services in these b) requirements for management of the railway infrastructure and transport business that is exercised by the railway undertaking c) determining and levying of infrastructure charges and pricing of rail related services d) allocation of infrastructure capacity e) market surveillance.
(2) these regulations shall not apply to light rail, Metro, godsbane, Museum path and similar rail systems.
§ 1-2. The authorities ' tasks, delegation etc.
(1) the Ministry of transportation provides access to trafikkere railway pursuant to section 2-2.
(2) the Ministry of transportation approves terms and transport surcharge for scheduled public passenger transport under section 3-1.
(3) the Ministry of transport sets out the framework for infrastructure fees which infrastructure manager collects after chapter 6.
(4) the State's Railway Inspectorate is the market surveillance authority after the railway section 11b, supervises after the Railway Act and has the authority to impose the coercive after the railway law § 13.
(5) the State's Railway Inspectorate determines whether the main purpose of an international shuttle service as mentioned in section 2-6 the first paragraph is international passenger transport, and determine if the international passenger transport service will be able to compromise the economic equilibrium of the contract for the public service performance, jf. § 2-6 the second paragraph.
(6) the State's railway supervision can provide complementary provisions to the regulations here to conduct Norway's obligations under the EEA Agreement.
(7) the Railway Agency signs agreement with the infrastructure manager pursuant to section 3-2 and can levy fees pursuant to section 12-2.
(8) the railway Directorate has the responsibility to create and maintain a national standard for the design and implementation of training of drivers, and any other personnel with the tasks of importance for the security of the railroad.
(9) the railway Directorate is complaint authority for decision struck after the railway law § 10.
(10) For the infrastructure manager's decisions on the allocation of infrastructure capacity on the State's railway infrastructure by Chapter 8 and 9 apply management rules of the law of individual decisions when not otherwise provided by the regulations here.
§ 1-3. Definitions in the regulations here be understood with a) rail lines: the entire railway infrastructure is managed by an infrastructure manager b) the railway undertaking: any public or private undertaking which has as a main business to provide services for the transport of goods and/or passengers by rail, where the company commits itself to provide traction, including companies that only provide traction c) infrastructure manager: any body or undertaking that is responsible in particular for creating , manage and maintain the railway infrastructure, including traffic management and the management, control and signal. Infrastructure manager's tasks on a network or part of a network may be allocated to different bodies or undertakings d) rail infrastructure: includes the items mentioned in Annex i e) viable option: access to a different service facilities that make it possible for the railway undertaking to perform the appropriate freight-or passenger transport on economic acceptable terms f) service facility: facility, including reason, buildings and equipment, which is fully or partly for the purpose of especially made to be able to provide one or more of the services mentioned in section 4-2 , section 4-4 and section 4-5 g) the driver service facility: any public or private undertaking with responsibility for managing one or more service facilities or to provide one or more of the services to the railway companies as mentioned in section 4-2, section 4-4 and section 4-5 h) reasonable profit: a return on equity that takes account of the risk, including for the revenue, or the absence of such a risk as the driver service facility incurs and that is in line with the latest annual average returns for the affected sector in) distribution: an infrastructure manager's allocation of infrastructure capacity j)
seeking: a railway undertaking or an International Association of railway companies or physical or legal persons, such as the competent authorities in accordance with Regulation (EC) No. 1370/2007 and utskipere, shippers and operators within the combined transport, which has a non-profit or business interest to be awarded infrastructure capacity k) overloaded infrastructure: a portion of a railway infrastructure where the demand for infrastructure capacity cannot be covered completely in certain periods, not even for a coordination of the various applications about capacity l) capacity improvement plan: a measure or series of measures with a schedule for implementation which aims to alleviate the capacity constraints that have led to that part of the railway infrastructure will be declared as "congested infrastructure" m) coordination: the procedure where the infrastructure management and the applicants are trying to find a solution to situations where there are mutually conflicting applications for infrastructure capacity n) framework agreement: a legally binding general agreement reached on public or private law basis which establishes the rights and duties of an applicant and the infrastructure manager with respect to the infrastructure capacity to be allocated, and the fees to be levied in a time period that is longer than a route plan period o) infrastructure capacity : the ability to plan the route for rent on a specific part of the infrastructure in a certain period p) online guide: a detailed overview of the General rules, deadlines, procedures and criteria for fees and capacity distribution and other required information to be able to apply for infrastructure capacity q) ruteleie: the infrastructure capacity needed to run a train between two places in a given period of time r) timetable : the data which lays down all the planned movements of trains and rolling stock in the affected railway infrastructure, in the time period when the route plan is valid s) hensettingsspor: track that is especially designed for temporary hensetting of the railway vehicles between two missions t) comprehensive maintenance: work that is not done routinely as part of the daily operation, and that requires that the vehicle be taken out of service.
Chapter 2. Access to trafikkere railway network, etc.
section 2-1. The railway undertaking which has access to the railway network to trafikkere etc.
(1) the following railway companies have access to trafikkere railway network on the fair, open and non-discriminatory criteria: a) the NSB AS b) Airport Express train AS to the extent the Ministry determines c) railway undertakings that will drive the freight transport of any kind d) railway undertaking which has as a main purpose to operate international passenger transport s) railway undertakings that are assigned to the agreement on passenger transport with the public, on the part of the railway network that the deal includes.
(2) Access also includes the necessary transport of rolling stock on the railway network, test driving and driving in connection with training.
(3) if it is given special dishes on the basis of agreement with the public after the first paragraph of the letter e, the Ministry can limit the access right corresponding to the NSB AS.
(4) the railway undertaking, infrastructure manager, vendors and other duty subjects after the railway legislation is obliged to collaborate where relevant for them to fulfill their obligations under the railway legislation and contribute to a safe operation of the railway system.
(5) in order to exercise the access rights on the railway network must be associated with a railway undertaking private trade association as specified by the railway Directorate. The common industry association shall in particular study the and process issues of importance to the security that is suitable to promote common solutions, including standards for training, emergency preparedness, information exchange, etc. This cooperation must take place within the current framework for confidentiality, equal market conditions and the railway legislation by the way.
section 2-2. The railway undertaking which can search the Ministry for access to the railway network to trafikkere to perform passenger transport (1) the Ministry may give the following railway companies that are established in Norway to trafikkere all or part of railway network to perform passenger transport: a) undertakings which only operate passenger transport in cities and suburbs or regional passenger transport on its railway infrastructure) that will b companies operate passenger transport on part of the railway network where NSB AS has set to traffic c) companies that will drive the Museum train operations or other passenger transport with a limited scope, and that will not be in competition with the regular scheduled public transport.
(2) access after the letters a and b are given in cases where this will contribute to an appropriate traffic winding up.
§ 2-3. Prohibition on conferring Access given by the Department pursuant to section 2-2 may not be assigned, including rented, leased, lent or otherwise be left to others.
§ 2-4. Revocation of access to trafikkere railway network (1) access to trafikkere railway pursuant to section 2-2 can be revoked by the Ministry if the railway undertaking does not meet the criteria that is set for access.
(2) 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 track to and in ports, terminals and other service facilities that drive The service facility will provide access to all railway enterprises at the fair, open and non-discriminatory terms to the tracks to and in the service facilities mentioned in section 4-2.
§ 2-6. The right to include passengers domestically by international passenger transport (1) at the execution of international passenger transport services have the railway undertaking the right to bring passengers from a station and set them off at any other station in Norway. The State's Railway Inspectorate determines at the request of the main purpose of a new international passenger transport service is to carry passengers between stations in different Contracting States.
(2) the Court after the first paragraph is limited for services between a departure and arrival place covered by one or more contracts for public service performance if the exercise of this right will be able to compromise the economic equilibrium of a public service contract performance. The State's Railway Inspectorate determines at the request of the economic equilibrium of a public service contract for the performance will be able to be damaged by a new international passenger transport service.
Chapter 3. Special requirements to the railway undertakings and the infrastructure manager § 3-1. Transport conditions for passenger transport (1) the Ministry to approve the transport conditions of the railway undertaking that operates the scheduled public passenger transport.
(2) the Ministry to approve the additional charge for travellers without a valid ticket.
section 3-2. Agreement between the authority and infrastructure manager (1) Authority mentioned in section 1-2 seventh paragraph should enter into an agreement with the infrastructure manager in line with Appendix III for a period of at least five years. This does not affect the current principles for the planning and financing of the infrastructure, and the principle of one-year financial statements. The agreement will contain the stimulus to reduce costs by asking the infrastructure at our disposal and the level of the fees levied by Chapter 6.
(2) before the deal after the first paragraph must be signed, applicants and potential applicants be consulted.
section 3-3. Special requirements to the railway company operating the railway undertaking will be operated according to the principles which apply to commercial companies. This is true regardless of who owns them, and if they have undertaken commitments to public service performance.
section 3-4. Special requirements to the infrastructure manager's operation (1) infrastructure manages to work out a 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.
(2) the Infrastructure Manager's income statement should be balanced under normal market conditions and over a reasonable period of at most five years, so that revenue from infrastructure charges, surpluses from other business operations, revenue without back payment obligation from private sources and State funding, including any cash advance payments from the State, when it's relevant, at least covering the expenses of the railway infrastructure.
§ 3-5. Separation of accounts (1) 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 those business areas cannot be transferred to the other.
(2) For the railway companies to write and released separate results financial statements and balance sheets of business relating to the provision of goods transport services by rail on the one hand, and for business relating to the provision of passenger transport by rail on the other. Public funds paid to the business relating to the provision of transport services by rail as a public service, should be immediately separated in the relevant accounts and shall not be transferred to activities relating to the provision of other transport services or other form of business.
(3) the financial statements referred to in the first and the second paragraph shall be such that it is possible to monitor the ban on transferring public funds paid to the one business area to another. The financial statements to be continued so that it is possible to monitor the use of revenue from infrastructure fees and profit from other business activities.
Chapter 4. Rail related services section 4-1. Access to the minimum package of Services Infrastructure manages to offer the following services to all railway undertakings and other applicants on non-discriminatory terms and conditions: a) processing of applications for infrastructure capacity b) the right to use capacity, allocated c) the use of the railway infrastructure, including turnouts and track cross d) traffic management, including the signal giving, regulation, dispatching and communication and framskaffelse of information about train traffic e) the use of power supply equipment for power , where this is possible f) all other information that is necessary for the implementation or operation of the service that is assigned to the capacity for.
§ 4-2. Access to service facilities and services in these the driver service facility will provide services, including track access, to all railway enterprises on non-discriminatory terms and conditions, the following facilities and services provided in these: a) stations for passengers, including buildings and other facilities, also for the dissemination of travel information and suitable venues for ticket sales b) freight terminals c) shift drives and change system d) hensettingsspor e) maintenance facilities, except facility for extensive maintenance of the high-speed train or any other type of rolling stock that requires special conditioning f) other technical facilities , including cleaning and washing plant g) port facilities that are related to the railway business) facilities in h relief) for fuel filling facilities and supply of fuel in these plants. The prices for this should be entered separately on the invoices.
section 4-3. The treatment of requests for capacity in the service facilities (1) the request of the railway undertaking for access to and the provision of services in the facility mentioned in section 4-2 to be answered within a time limit set by the Norwegian Railway Inspectorate. Such requests can only be denied if there are viable alternative that makes it possible to perform the appropriate goods or person transport on the same or alternate routes on economic acceptable terms. Such refusal must be justified in writing and specify the usable options when the driver service facility is directly or indirectly controlled by a body or undertaking which has a dominant position in the national market for rail transport services that the facility is used for.
(2) the claim in the first paragraph does not imply that the driver service facility is committed to invest in the resources or facilities to accommodate all the requests from the railway companies.
(3) in the event of a conflict of interest between different requests, should the driver service facility attempt to accommodate all requests to the greatest possible extent.
(4) if there is no viable alternative and it is not possible to accommodate all requests for capacity for that plant on the basis of proven need, the railway undertaking or the other applicants complain to the Norwegian Railway Inspectorate. The audit will examine the case and, where appropriate, take measures to ensure that an appropriate share of the capacity allocated to the appropriate train company.
§ 4-4. Additional services (1) if the driver service facility offers the following services, to services offered on non-discriminatory terms to any railway undertaking which requests about them: a) power b) pre-heating of passenger trains c) custom made contracts for control of transport of dangerous goods or assistance for the operation of special transport.
(2) fees for power should be specified on the invoices separately from fees for the use of power supply equipment under section 4-1 letter e.
§ 4-5. Extra services (1) the railway undertaking or infrastructure manager can ask the driver service facility for the following additional services: a) access to the telecommunications network b) framskaffelse of additional information c)
technical control of rolling stock d) ticket sales at stations for passengers e) comprehensive maintenance services that are provided in the maintenance system designed for high speed train or any other type of rolling stock that require special facilities.
(2) the driver service facility is not obligated to offer these services. If the driver service facility decides to offer some of these services to others, it shall on request provide them on non-discriminatory terms to any railway undertaking.
section 4-6. Service facility that is not in use If a service facility as mentioned in section 4-2 has not been in use for a period of a minimum of two years continuous and a railway undertaking towards the driver service facility has presented interest on the basis of an actual needs, should the owner make it publicly known that the whole or part of the service facility is available for other people's disposal, as well as on market-related terms and conditions enter into agreement for the rental or lease of the plant as the train service facility. This does not apply if the driver service facility can prove that all railway undertakings are prevented from using the plant due to an ongoing restructuring process.
Chapter 5. Online Guide section 5-1. Requirements for online guidance (1) infrastructure manager shall, after consultation with the parties concerned, draw up a Web Guide that will be published at least four months within the time limit for applications for infrastructure capacity. Online Guide to specify the type of railway infrastructure which is available to railway undertakings, and contain information about the terms and conditions for access to the relevant railway infrastructure. Your guide will be published in at least two official EEA languages.
(2) Web Guide to be able to be obtained against payment of a fee not exceeding the cost and release, to be made available for free online at the infrastructure manager's website. Similar to the online guide will be published on a public Web portal created within the cooperation mentioned in section 6-8 and section 8-4. Online Guide to changes is maintained and if necessary.
(3) Web Guide should also contain information on the terms and conditions for access to all service facility that is linked to the railway network and for the provision of services in these plants, or show to a website where the information is available online and for free.
(4) the driver service facilities which are not controlled by the infrastructure manager, shall submit information concerning the terms and conditions for access to service facilities and for the provision of services in these facilities, as well as the necessary technical information. The driver service facility will provide this information to the infrastructure manager, or view to a website where the information is available online and free of charge.
section 5-2. Content in the Online Guide Web Guide should contain the following information: a) a paragraph that contains the type of the railway infrastructure that is at the disposal of the railway enterprises, and the terms and conditions in order to get access to this. The information in this section shall be updated every year against or show to the infrastructure register mentioned in the interconnection Regulation section 34.
b) a section on tax principles and tariffs. This should include appropriate information about tax scheme and adequate information about the price of the services and other relevant information about the access to the services listed in Chapter 4 provided by just a vendor. It should describe in detail the methods, rules, and, where appropriate, the scales used for the application of Chapter 6 with regard to both the costs and fees. It should include information on already adopted or planned tax changes for the next five years, if these information are available.
c) a section on principles and criteria for capacity allocation. This should clarify the General capacity characteristics of the rail infrastructure which is available to railway undertakings, and for any restrictions regarding the use of the, including the anticipated need for capacity maintenance. It should also contain information on procedures and deadlines in connection with the capacity allocation process. It will contain specific criteria that are applied by the said process, especially 1.
the procedures for applications for partake of the capacity of the infrastructure manager, including requirements to the content of the application, jf. section 8-2 2.
the requirements to the applicants pursuant to section 8-2 third paragraph 3.
the schedule for the search and distribution processes and procedures to be followed in order to ask for information on route planning and procedures for planned route planning and unforeseen maintenance work 4.
the principles for the coordination process and dispute resolution scheme that will be made available as part of this process 5.
the procedures to be followed and the criteria to be applied when the railway infrastructure is overloaded 6.
further information about the limitations in the use of the railway infrastructure 7.
how it should be taken into account before the capacity utilization rate in determining the priorities in the allocation process.
d) to give an account in detail for what measures to ensure a proper handling of goods transport, international transport services and applications that are handled ad hoc. It will contain a model for applications for capacity. The infrastructure manager shall also make public the detailed information about the procedures for the allocation of the international route landlord.
e) a paragraph with information about the application for a license and the security certificate as stated in the license regulations, or with information about a website where such information is available for free online.
f) a paragraph with information about the procedures for dispute resolution and appeals in connection with the question of access to the railway infrastructure and services and in connection with the performance scheme referred to in section 6-6.
g) a paragraph of information about access to and collection of payment for use of the service facility mentioned in Chapter 4.
h) an agreement template for the conclusion of a framework agreement between the infrastructure manager and an applicant in accordance with Chapter 7.
Chapter 6. Fees for the use of railway infrastructure and services section 6-1. Generally about fees and payment (1) infrastructure and manages it as driver service facility can collect fees and payments for the use of railway infrastructure, respectively, and service facility to fund its operations. The infrastructure manager shall decide on a method for the distribution of the costs of the various categories of services provided railway undertakings. The method is to be updated regularly on the basis of international best practice.
(2) For that State's railway supervision should be able to perform their duties after chapter 11 to the infrastructure manager and the driver service facilities provide the State's railway supervision all the necessary information about the fees and rates as required. The infrastructure manager and the driver to be able to prove service facility opposite the railway companies that the taxes and the prices billed them in accordance with the regulations here.
§ 6-2. Infrastructure charges (1) infrastructure manager determines and collects fees for the use of railway infrastructure. The tax scheme shall be based on the same principles over the whole railway network. The tax scheme shall be disclosed in the online guide.
(2) infrastructure manages to apply the tax scheme on a non-discriminatory way. Infrastructure manager's average and marginal charges for equivalent uses of their railway infrastructure should be comparable. It will be charged as fees for comparable services in the same market segment.
(3) the fees for the use of services mentioned in section 4-1 and for access to the railway infrastructure that connects service facility, to be determined to the cost incurred as a direct result of the individual train service. The fees can be changed as indicated in the fourth and fifth paragraph and section 6-3.
(4) infrastructure charges may include a charge which reflects the lack of capacity in an identifiable part of the railway network in periods of overload.
(5) infrastructure fees take into account the environment can cost as follows to run the train, and promote the retrofitting of brake technology with lower noise level on the rail cars. If such tax changes leading to an increase in total revenues infrastructure manager's, they can only be imposed if the corresponding fees at the same time imposed goods transport on the way.
(6) in order to avoid undesirable disproportionate fluctuations, the fees in the third to the fifth paragraph is calculated as the average on the basis of a reasonable spread of train traffic and times. The relative size of infrastructure charges shall still is calculated from the costs that can be attributed to transport services.
(7) For specific investment projects, infrastructure manager, after proposals for the Ministry, fix higher fees on the basis of the long-term cost of such projects, if the fees increases productivity and/or effectiveness and are not otherwise project can be taken. Such a tax scheme may also include agreements on the sharing of the risk associated with new investments.
(8) infrastructure charges can be differentiated in order to stimulate to equip trains with ETCS that meets the requirements for baseline 2.3.0. d or later as specified in the TSI-management, control and signal. Such differentiation shall not cause the overall will be any change in the infrastructure asset manager income.
(9) that can be levied fees for capacity used for the maintenance of the infrastructure. Such charges shall not exceed the net revenue loss as a result of the maintenance.
section 6-3. Mark-up on the infrastructure fees (1) the Ministry may determine the mark-up on the infrastructure fees in order to achieve full coverage of the infrastructure manager's cost. Mark-up can only be determined if the market can handle it. The determination of the mark-up must ensure optimal competitiveness for railway's market segments. The railway enterprises ' own productivity increases to be held outside.
(2) the tax level should not be so high that a market segment that might otherwise pay the fees established pursuant to section 6-2 third paragraph, are prevented from using the appropriate railway infrastructure.
(3) before the mark-up on the infrastructure charges are determined, the infrastructure manager to analyze which market segments they are relevant to. This analysis must at least include freight transport, passenger transport, which are covered by a public service performance and other passenger transport, but market segments can be divided further out from which goods or passengers being transported. Market segments to be analyzed out from at least the following pair: a) passenger transport and freight transport b) train which transports dangerous goods and other freight train c) domestic traffic and international traffic d) combined transport and direct train e) passenger transport in cities or regions and passenger transport between cities f) blokktog and train where the wagons are loaded or unloaded one by one g) regular and occasional train traffic.
(4) the list of relevant market segments should be disclosed in the online guide. The list must be reconsidered at least every five years. The State's Railway Inspectorate oversees the list in accordance with Chapter 11.
(5) to set up the Infrastructure Manager also market segments that is currently inactive, but where the railway undertaking can start up services in the tax plan term. These market segments are not to be imposed on the mark-up infrastructure fees.
(6) If an infrastructure manager intends to modify the essential elements of påslagene on infrastructure fees, to the changes be made public no later than three months before the deadline for the publication of your guide.
section 6-4. Discounts (1) infrastructure manager can give discount after the other and the third paragraph on the fees charged for a particular part of the railway infrastructure. Discount schemes must be the same for similar services, and discounts must be provided on equal terms to all railway undertakings.
(2) it can be given time-limited discounts for specific traffic flows in order to promote the development of new rail services or encourage the use of the railway lines which essentially is underused.
(3) Other discounts should be limited to the infrastructure manager's actual savings in administrative costs. It may not be taken into account cost savings that are already included in the fee.
section 6-5. The compensation scheme (1) the Ministry may impose a time limited scheme that compensates for the use of railway infrastructure. Such compensation may be granted when it can be shown that the unpaid environmental, accident and infrastructure costs of competing transport exceeds the equivalent costs of rail transport.
(2) If a railway undertaking which are compensated has an exclusive right, the compensation lead to corresponding benefits for users.
(3) the calculation and calculation method should be made public so that it is possible to verify the condition in the first paragraph, second sentence, and to ensure that the scheme is applied on a non-discriminatory way opposite the railway undertakings.
section 6-6. Performance arrangement
(1) there shall be established a performance scheme for the entire railway network as part of the tax scheme. The performance scheme shall encourage the railway enterprises and the infrastructure manager to reduce the interference on the railway network to a minimum and improving railway Web's performance. The scheme could include economic reactions of interference in the operation, compensation to companies that applied to the loss as a result of the interference, and bonuses that reward performance that exceeds the scheduled.
(2) infrastructure manages and seeking to arrange a performance level. The performance level must not bring a service's financial viability at risk. The most important parameters of the performance scheme shall be the value of the delays both with respect to individual trains and all trains at a railway company in a given period of time.
(3) route is scheduled to be used as the basis for the calculation of the delay. It must generally be reported to the railway companies from the infrastructure manager at least five days before the campaign's departure.
(4) all delays will be attributed to one of the categories mentioned in annex II.
(5) When it is possible, to the delays attributed to a single organization both in terms of the responsibility for having caused disruption and the possibility of restoring normal traffic conditions.
(6) when calculating the payments shall be taken into account, the average delay for train traffic that are subject to the same punktlighetskrav.
(7) the infrastructure manager shall as soon as possible notify the railway enterprises about the calculation of the amount owed for performance scheme. This calculation shall include all the delayed trains during a period of at most a month.
(8) without prejudice to the current complaint arrangements and the provisions of section 11-2 the dispute about performance scheme creates a dispute resolution scheme so that it becomes possible to determine such disputes quickly. This dispute resolution scheme shall be impartial for the affected parties. If this scheme is used, it should meet a decision within a deadline of ten working days.
(9) once a year to make public the average annual infrastructure investment manager performance level as the railway enterprises have achieved on the basis of the most important parameters in the agreed performance scheme.
section 6-7. Reservation fees (1) the infrastructure manager may require a fee for the capacity that is allocated but not used. Applicant, or the railway undertaking designated in accordance with section 8-2 the first paragraph, second sentence is going to pay the fee.
(2) this fee to encourage efficient utilization of capacity. The collection of such a fee is required when applicants who have been issued with a ruteleie, repeatedly fails to take the assigned rent or parts of them. The infrastructure manager shall at any time be able to enlighten the parties concerned about the infrastructure capacity already assigned.
(3) infrastructure manages to make public the criteria for the determination of this fee in the online guide.
section 6-8. Cooperation on tax arrangements for more than one rail lines (1) infrastructure manager shall collaborate with other infrastructure managers with a view to establishing effective tax arrangements and coordinate the collection, and to levy fees for services that span several rail lines.
(2) infrastructure managers should particularly aim to ensure optimal competitiveness for international railway services and efficient use of railway networks. For this purpose they shall establish appropriate procedures in accordance with the rules of this regulation.
(3) infrastructure managers shall cooperate with the aim of effective application of the mark-up on infrastructure charges and benefit plans for traffic going over several rail lines.
section 6-9. Fees for rail related services etc.
(1) the driver facilities that offer services mentioned in section 4-2, section 4-4 and section 4-5, to give information about the infrastructure manager fees to be are included in your guide, or enter a website where such information is made available free of charge.
(2) the fee charged for track access in the service facilities as mentioned in section 4-2 and to perform services in such facilities, shall not exceed the cost of providing them, with the addition of a reasonable profit.
(3) if the services as mentioned in section 4-4 and section 4-5 only offered by one provider, the fee for the services not to exceed the cost of providing them, with the addition of a reasonable profit.
Chapter 7. Frame agreements section 7-1. Framework agreements (1) infrastructure manager and an applicant can enter into a framework agreement on the use of infrastructure capacity for a longer period of time than a route plan period. In the framework agreement to properties by the infrastructure capacity that an applicant has requested and is offered to be specified. The framework agreement shall not specify a ruteleie in detail, but be designed in such a way that the applicant's legitimate business needs.
(2) the Infrastructure Manager shall at the latest four weeks after the agreement conclusion report new and revised frame agreements to the Norwegian Railway Inspectorate.
(3) all the parties concerned to get visibility general content in each frame agreement, except business relationship as it will be by competitive meaning to conceal the interests of that info is regarding.
section 7-2. Frame agreement's content (1) framework agreements should not be designed in a way that excludes other applicants or services from using the relevant railway infrastructure.
(2) framework agreements should be modified or limited in order to make it possible to take advantage of the railway infrastructure in a better way.
(3) the framework agreements may contain provisions on sanctions if it becomes necessary with changes or termination of the agreement.
section 7-3. Frame avtalers duration (1) framework agreements should normally apply for a period of five years and may be renewed for periods corresponding to the original duration. The infrastructure manager may in particular cases agree to a shorter or longer period of time. Any period of more than five years should be justified by the fact that there is a trade agreement, particular investments or risks.
(2) For services using the railway infrastructure for special purposes as mentioned in § 8-8 and that requires comprehensive and long-term investment framework agreements can be entered into for a period of 15 years. The applicant should adequately document the investments.
(3) frame agreements can only be entered into for a period of more than 15 years in extraordinary cases, especially in connection with the comprehensive and long-term investments, and especially if the investments are related to contractual commitments, including a perennial amortization schedule. In such extraordinary cases, the framework agreement specify in detail the properties by the infrastructure capacity to be set at the disposal of the applicant in the framework agreement's expiry. Such characteristics may include the frequency, scope and quality of the route rent levels. Infrastructure manager can limit the reserved capacity if it for a period of at least one month is used less than the threshold value, cf. section 10-2.
Chapter 8. Allocation of infrastructure capacity section 8-1. Right to capacity, etc.
(1) infrastructure manager to allocate infrastructure capacity. Infrastructure capacity is allocated by the allocation of route landlord. Route rents can be assigned to applicants for a period of time that corresponds to at most one route plan period. The infrastructure manager shall ensure that infrastructure capacity is allocated on a fair and non-discriminatory manner, and in accordance with EEA law.
(2) the Assigned capacity cannot be transferred to others or another type of shuttle service. Any trade with the infrastructure capacity is prohibited, and leads to the exclusion from further capacity distribution in the current or next route plan period. When a railway undertaking performing a transport service on behalf of an applicant that is not a railway undertaking, it should not be considered a transfer.
section 8-2. Application (1) an application for infrastructure capacity are sent to the infrastructure manager. To use such infrastructure capacity applicants shall designate a railway undertakings to enter into agreement with the infrastructure manager in accordance with § 10-1.
(2) applications for infrastructure capacity to perform planned maintenance should be filed under the route planning. The infrastructure manager shall be by the allocation of infrastructure capacity to necessary scheduled maintenance as far as possible reduce the impact to other applicants.
(3) infrastructure manager determines in the online guide closer to the requirements for the applications after the first and second paragraph.
(4) an applicant who is a party to a framework agreement shall apply in accordance with the agreement's provisions.
section 8-3. Applications that apply to the capacity of more than one rail lines (1) Applicants can apply for infrastructure capacity that goes over more than one rail lines by filing an application to one of the affected infrastructure managers. This infrastructure manager can then on the applicant's behalf apply for capacity at the other affected infrastructure managers.
(2) infrastructure managers shall ensure that applicants who want infrastructure capacity that goes over more than one rail lines may apply direct to any joint body which the infrastructure managers have created for this purpose. This requirement does not affect Council Regulation (EU) No. 913/2010 for a European rail network for competitive freight transport.
section 8-4. Capacity distribution over multiple Railway Network Infrastructure manages to collaborate with other infrastructure managers for on an effective way to be able to provide and allocate infrastructure capacity that goes over more than one railway network in the European economic area. This cooperation also applies to the conclusion of framework agreements under section 7-1. The infrastructure manager shall, in accordance with the regulations here, determine appropriate procedures to achieve this. Route that spans multiple rent than one rail lines should be organized in accordance with these procedures.
section 8-5. Schedule for the allocation process (1) route schedule to be determined once each calendar year.
(2) the transition to the new timetable shall take place at midnight on the second Saturday in December. If a transition or adjustment be carried out after the winter, in particular to take account of any changes in the route plans for regional passenger traffic, it should take place at midnight on the second Saturday in June, and occasionally at other times between these dates. Infrastructure managers may agree on different dates and in this case they shall inform the EFTA surveillance authority about this if international traffic may be affected.
(3) last date for applications for partake of capacity that should be incorporated in the route plan shall not be earlier than 12 months before the route plan takes effect.
(4) no later than 11 months before the route plan takes effect, the infrastructure managers ensure that the preliminary route rent for international traffic is created in cooperation with the other relevant infrastructure managers. Infrastructure managers shall ensure that these are respected as far as possible further in the process.
(5) no later than four months after the deadline for applications from partake of the applicants, the infrastructure manager prepare a draft timetable.
section 8-6. Processing of applications (1) infrastructure manager shall as far as possible meet all requests for infrastructure capacity, including applications for route that goes over the rent more than one railway network, and shall as far as possible take into account all conditions the applicants may be faced with, including the financial implications for their business.
(2) the Infrastructure Manager may give priority to certain services in connection with planning and coordination process, but only in the cases referred to in section 8-8 and section 9-5.
(3) infrastructure manager shall consult on the draft of the route plan with anyone who has applied for infrastructure capacity and give them a deadline of at least a month to put forward their views. The same applies also for others who would like the opportunity to comment on how the route plan may affect their ability to procure rail services in the route plan period.
(4) infrastructure fund manager shall take the necessary measures to resolve any problems that you pointed out.
section 8-7. Ad hoc applications (1) infrastructure manager shall respond to ad hoc requests for individual route rents as soon as possible, and no later than within five working days. Information about free and available capacity to be made available to all applicants who wish to use this capacity.
(2) infrastructure to make, if necessary, manages an assessment of the need for reserve capacity that will be available within the framework of the final route plan so that they can respond rapidly on expected ad hoc requests for capacity. This also applies in cases of congested infrastructure.
section 8-8. The railway infrastructure for special purposes (1) infrastructure capacity shall be considered available for use for all types of transport services that has the necessary properties to be able to take advantage of the current route.
(2) where there are suitable alternative routes, the infrastructure manager can after consultation with the parties concerned, to reserve railway infrastructure to use for specific types of traffic. Such reservation shall not preclude that the current rail infrastructure could be exploited by other types of traffic if there is available capacity. Information about the booked train infrastructure should be disclosed in the online guide.
Chapter 9. Conflicts of interest and overloaded infrastructure section 9-1. Coordination (1) in the event of conflicts of interest under the route planning system referred to in section 8-6 to the infrastructure manager through a coordination of all applications try to benefit all applications as far as possible.
(2) the Infrastructure Manager has within reasonable limits the right to propose infrastructure capacity that differs from that it was applied for.
(3) infrastructure manager should strive to find a solution to any conflicts through consultation with the affected applicants. This consultation will build on that the following information free of charge have been presented in written or electronic: a) route like any other rent seekers have filed the application for, in the same stretch b) route rents that are currently assigned to all other applicants on the same stretch c) alternative route proposed rents for the relevant lines in accordance with the second paragraph d) full details of the criteria used in the capacity allocation process.
(4) according to the rules on the management of the law of confidentiality to the information mentioned be presented in such a way that the other applicant's identity not be disclosed, unless the affected applicants have given their consent to such disclosure.
(5) Principles for articulation to be determined by the infrastructure manager, and should be disclosed in the online guide. The principles should in particular reflect the difficulties by organizing the international route rents and the impact of changes can get for other infrastructure managers.
section 9-2. Dispute resolution mechanism independent of section 11-2 to the infrastructure manager to create a scheme to find a quick solution to disputes arising in connection with the allocation of infrastructure capacity. The scheme should be disclosed in the online guide. When dispute resolution scheme is used it should hit a final decision within 10 working days.
section 9-3. Overloaded infrastructure (1) If after the coordination of applications for route rents and after consultation with the applicants is not possible to accommodate all requests for infrastructure capacity in sufficient scope, infrastructure manager shall immediately declare the affected railway infrastructure as congested. The same goes for the railway infrastructure where it can be expected the capacity shortage in the near future.
(2) For the railway infrastructure that has been declared to be congested, the infrastructure manager make a capacity analysis according to § 9-6, unless a capacity enhancement plan pursuant to § 9-7 is already under implementation.
section 9-4. Previous exploitation of the route to include the rent of your guide what conditions infrastructure manages POPs to take into account previous utilization rate when it is made a priority during the allocation process.
section 9-5. The priority criteria (1) if the fees according to section 6-2 fourth paragraph have not been levied or have not given a satisfactory result, and the railway infrastructure has been declared to be congested, the infrastructure manager to prioritize the following services by the allocation of infrastructure capacity in descending order: 1) services that are included in the contract with the State of public service provision 2) national and international freight transport 3) certain types of traffic on the routes referred to in section 8-8 the second paragraph 4) passenger transport by the way.
(2) if it is applied for multiple route than rents capacity to, infrastructure manager still assign route for another rent order than after the first paragraph if the shuttle service has vastly greater importance for the community than other services thereby ruled out. It should also be taken into account the effects of such an exclusion in other EEA States.
(3) method and the criteria that will be used by priority of overloaded infrastructure should be disclosed in the online guide.
section 9-6. Capacity analysis (1) infrastructure manager shall, within six months from the time the railway infrastructure is declared overloaded carry out a capacity analysis. Capacity analysis to clarify the reasons for the overload and specify the measures that can be made in the short and medium term to reduce the overload.
(2) the capacity analysis should include the railway infrastructure, the operating procedures, the nature of the various shuttle services on the railway infrastructure, as well as the impact of all these factors on infrastructure capacity. The measures to be considered include, especially if the traffic can run on another stretch, changing the route plan, speed changes and improvements to the railway infrastructure.
section 9-7. The capacity enhancement plan (1) within six months after the capacity analysis is completed, the infrastructure manager have prepared a capacity enhancement plan.
(2) a capacity plan should be worked out for improvement after consultation with users of the appropriate overloaded rail infrastructure. It shall specify: a) the causes of overloading b) the likely future development of traffic c) constraints on infrastructure development d) opportunities for and costs by improving the capacity, including likely changes to the infrastructure fees.
(3) Capacity improvement plan shall also, on the basis of a benefit and cost analysis of the possible measures identified, determine what measures to be taken to enhance infrastructure capacity, including a schedule for the implementation of the measures.
(4) infrastructure manages to stop collecting fees on the relevant railway infrastructure according to § 6-2 fourth paragraph when it does not provide a performance improvement plan within the time limit or do not make progress with the action plan identified in the capacity enhancement plan.
(5) after approval from the Norwegian Railway Inspectorate can still continue to manages the infrastructure levy those fees if the capacity enhancement plan cannot be implemented for reasons outside of the infrastructure manager's control, or the opportunities available are not economically or financially viable.
Chapter 10. Awarded infrastructure capacity
§ 10-1. Deals with the infrastructure manager Any railway company that provides rail transport services shall conclude the necessary administrative, technical and financial agreements with the infrastructure manager for the railway infrastructure used, including agreement that provides infrastructure manager required traffic data to be able to attend to their duties as planning and the Manager of the rail infrastructure. The terms of these agreements are to ensure transparency and non-discrimination and be in compliance with the regulations here.
section 10-2. Route that is not used rent especially for congested infrastructure the infrastructure manager shall require that it be granted the waiver on a ruteleie that during a period of at least a month is used less than a threshold value. This does not apply to by non-economic reasons beyond the railway company's control. The threshold value is determined in the online guide.
§ 10-3. Capacity to non-scheduled maintenance Infrastructure Manager shall as soon as possible notify the affected parties that infrastructure capacity is not possible because of the non-scheduled maintenance.
§ 10-4. Special measures in case of interference (1) in the event of disruptions in rail traffic because of technical errors or accidents to the infrastructure manager to meet all necessary actions to restore the normal situation. In view of this to the infrastructure manager in the emergency response plan for a list of different government agencies and other affected to be during the be directed by accidents and incidents or serious interference of train traffic, jf. security management regulations and warning and reporting regulations.
(2) in an emergency and when it is absolutely necessary due to an outage that makes the railway infrastructure temporarily unusable, the assigned route rents withdrawn without prior notice for the time it takes to repair the system.
(3) in an emergency or when it is necessary because of the outages can infrastructure manager require that the railway companies provided by the resources which it considers as most appropriate to normalize the situation as quickly as possible.
Chapter 11. Market monitoring section 11-1. The market thereby assignments and authority (1) the State's railway supervision to work for an effective railway market with healthy competition and equal conditions. The State's Railway Inspectorate monitors the competition situation on the markets for rail services, and should especially check the conditions provided for in section 11-2 the first paragraph letter a to g on its own initiative with the purpose to avoid unequal treatment of applicants. The authority shall in particular check whether the online guide includes discriminatory criteria or provide infrastructure manages the ability to exercise discretion, which will be able to discriminate against applicants.
(2) the State's railway supervision shall ensure that it is developed a framework for the exchange of information and cooperation between market surveillance body, security authority and the authority of the lisensutstedende, to counter the negative effects of the competition or the security of the railway market.
(3) market surveillance body may make recommendations to the security authority and the authority of the lisensutstedende on issues that may affect the competition on the rail market. Similarly, the security authority give market surveillance body and lisensutstedende authority recommendations in questions that may affect the security. The relevant authority should investigate all such recommendations before it hits their decisions. If it be decided not to follow the recommendations given under this section, the decision grunngis.
(4) the State's railway supervision shall ensure that charges set by the infrastructure manager is non-discriminatory and in accordance with Chapter 6. Negotiation between applicants and an infrastructure manager about the level of infrastructure fees are allowed only if they are conducted under the supervision of the State's Railway Inspectorate. The authority shall intervene if negotiations can be thought to be in violation of Chapter 6.
(5) the State's railway supervision should at least every other year consult with representatives of the users of the goods transport and passenger transport services to take account of their views on the railway market.
(6) the State's railway supervision may require the relevant information from the infrastructure manager, applicants and all parties concerned, cf. the Railway Act. The information shall be submitted within a reasonable time limit as the authority determines. The deadline can not be longer than one month, unless the audit under extraordinary circumstances agrees and gives an extended deadline that can not exceed 2 weeks.
(7) the State's railway supervision to occasionally hit the decision on appropriate measures to counteract discrimination between applicants, harmful competition twisting and all other forms of undesirable situations in the markets for rail services. This also applies to the conditions mentioned in section 11-2 the first paragraph.
(8) the State's Railway Inspectorate shall publish their decisions.
section 11-2. Appeals (1) an applicant who believes to have been unfairly treated, subjected to discrimination or been given his interests otherwise violated, can appeal to the State's Railway Inspectorate. This is especially true of decisions that are hit by the infrastructure manager, the railway undertaking or the driver service facility when it comes to a) draft and final version of the Web Guide b) criteria that are set out in the online guide c) allocation process and the result of this d) tax scheme e) the level of infrastructure or the structure of the fees that the applicant must or can get to having to pay f) arrangements for access in accordance with § 2-1 , section 2-5 and § 2-6 g) access to the services, the collection of fees, and payment for the services in accordance with § 12-2 and Chapter 4 h) settlement of the framework agreements.
(2) the State's railway supervision to gather relevant information when needed and take the initiative to the hearing of all the parties concerned within one month after having received the complaint. The audit is going to take a position to the complaint and, if necessary, take measures to remedy the situation. The authority shall, within a predetermined reasonable deadline, and in all cases within six weeks after receiving all the relevant information, notify the parties concerned of his decision of the appeal. The decision shall be reasoned.
(3) in the case of a complaint about a denial of an application for infrastructure capacity or of the terms of an offer of capacity, to either confirm that the audit the modification of the infrastructure manager's decision is not required or require a change of the decision after further guidelines.
section 11-3. Control of the financial statements the State's railway supervision can perform audits and take the initiative to external audits of the infrastructure manager, the one that runs the service facilities and rail companies to verify that they comply with the provisions of section 3-4. The State's Railway Inspectorate has the right to demand extradition all the relevant information for this purpose on a necessary and proportionate level of detail. This information can be used to report to the competent authority of illegal state aid.
section 11-4. Information as may be required put forward by control of financial statements when the Norwegian Railway Inspectorate carries out the audits pursuant to section 11-3, they can especially require that the infrastructure manager, the railway undertaking, the driver service facility or the owner of the service facilities put forward the following information: a) Separate financial statements 1.
separate financial statements balance sheets of result and goods traffic, passenger traffic and infrastructure management 2.
detailed information about the individual sources and application of public funds and other forms of compensation in an open and detailed way, including a detailed review of enterprises ' cash flows so that it can be determined how these public funds and other forms of compensation has been used 3.
cost and revenue categories which makes it possible to determine whether it has affected the illegal kryssubsidiering between the tasks mentioned in Nr. 1 4.
which method is used to allocate the costs of the different activities 5.
in the case of the regulated business is part of a group structure, full details of the payments between companies in the group.
b) fees for access to the railway track 1.
different cost categories and particularly sufficient information about the marginal/direct costs in connection with the various services or service groups 2.
sufficient information that the individual fees as are paid for the services (or service groups), can be monitored. Norwegian railway supervision may also require these information contains data about the scope of individual services, the prices for individual services and overall income for individual services such as internal and external customers have paid for 3.
costs and revenues for individual services (or service groups) to identify potentially anti-competitive pricing (kryssubsidiering, aggressive pricing and overprising). Norwegian railway supervision may require the use of a relevant method of cost allocation for this purpose.
c) information about the financial results 1.
account of the financial results 2.
a brief cost accounting 3.
accounting of maintenance expenses 4.
accounting of operating expenses 5.
profit and loss statement 6.
accompanying notes that when needed and clarifies information elaborates on in no. 1 to 5.
section 11-5. Cooperation between market surveillance bodies (1) the State's Railway Inspectorate shall exchange information about their work and about their principles and practices for decision making with other market surveillance bodies in the EEA. Norwegian railway supervision will work together with other market surveillance bodies with a view to coordinating decision making throughout the EEA, including assisting with monitoring the markets, process complaints or make investigations. The State's Railway Inspectorate will help to develop common principles and practices for market surveillance bodies in the EEA on the areas that are regulated by these regulations.
(2) the State's railway supervision should consult with market surveillance in the affected Member States in connection with complaints or investigations on its own initiative about issues regarding access to or the collection of fees for an international ruteleie, or in connection with the surveillance of the competition on the market in relation to the international rail transport services. The authority to ask for all the necessary information before it hits the decision. This information can only be used in connection with the treatment of the complaint or investigation. At the request of other market surveillance bodies in affected EEA States to Norwegian Railway Inspectorate disclose all the information they may collect in the cases by this paragraph. In such issues to be put forward for the infrastructure manager the State's railway supervision all information that a market surveillance authority in an affected State has requested.
(3) the State's railway supervision should, if they receive a complaint or on its own initiative is conducting a survey, submit the relevant information to the market surveillance body in the affected EEA States.
section 11-6. The market thereby organizing (1) market surveillance body to be staffed and managed in a way that ensures its independence. People with responsibility for the decision of the King organets is employed.
(2) the Ministry shall ensure that persons with responsibility for the market thereby decision is independent of all market interests related to the railway sector, and that they have no interest in or business connection with some of the regulated companies or units. They should make an annual commitment Declaration and an interest statement that the absence of any direct or indirect interests that will could be considered to affect their independence. They shall not participate in the decision in matters affecting a company they have had a direct or indirect relation to the during the year prior to the initiation of the proceedings.
(3) after his period in market surveillance body to people with responsibility for the market thereby decision not to have any position or responsibility in any of the regulated companies or units in a period of at least one year.
Chapter 12. Closing provisions section 12-1. Cross-border deals cross-border deals should not contain provisions that discriminate between railway companies or restrict railway enterprises ' freedom to provide services across borders.
section 12-2. The collection of fees from the railway companies that offer passenger transport (1) the authority with responsibility for the purchase of public services can levy tax from the railway undertaking which offers passenger transport.
(2) the fee must not be greater than is necessary for fully or partially to cover Government costs incurred in connection with your purchase. The fee must be all the railway companies for the operation of routes between two stations in Norway on a non-discriminatory, transparent and fair manner, regardless of whether the railway undertaking operates national or international passenger transport. Size of the fee must be in relation to the average price for the services provided the passengers, and the overall load must not threaten the economic viability for person transport as it applies.
section 12-3. Coercive
(1) the State's railway supervision can in order fix a running coercive for every day that passes after the expiry of the time limit is set for the performance of the order, and until the order is fulfilled. Norwegian railway supervision may waive accrued coercive.
(2) Tvangsmulktens size to be determined taking into account the how important it is that the order is being carried out and what costs it is believed to cause.
(3) Coercive is enforceable for disbursements.
section 12-4. Exceptions the Ministry of transportation can make exceptions from regulation when this is not in violation of international agreements that Norway has entered into.
section 12-5. Entry into force these regulations shall enter into force 1. January 2017.
section 12-6. Termination and changes in other regulations (1) Regulations 10. December 2010 No. 1568 on the railway business, etc. on the national railway network (rail Regulation) and regulation 5. February 2003 No. 135 about allocation of railway infrastructure capacity and the levying of charges for the use of the national railway network (the distribution regulations).
(2) in regulation 16. June 2010 No. 820 about samtrafikkevnen in the railway system (interconnection Regulation) shall section 3 read:---(3) in regulation 10. December 2010 No. 1569 for permission to drive traffic business and infrastructure for light rail, Metro, suburban railway and godsbane, as well as the branch line, the harbour tracks and more (the permission Regulation) repealed section 1-2 letter a.
Attachment in. list of railway infrastructure construction the railway infrastructure includes the following facilities, unless these form part of the path, but not the body tracks within the repair workshops, depots and locomotive stables as well as private side lines and side tracks:-page tracks-basic tracks and track surfaces, especially the fillings, cuts, drainage channels and trenches, oppmurede ditches, culverts, clothing walls, planting for the protection of slopes etc.; platforms and freight ramps, including on the stations for passengers and freight terminals; walking paths and walkways; sperremurer, hedges, fences; fire streets, tracks the AC heater; tracks cross etc.; Snow screens-technical structures: bridges, culverts and other crossings, tunnels, covered cuts and other underpasses; retaining walls, structures for protection against avalanches, rockfalls, etc.
-level crossings, including security devices for road traffic-superstructure, especially Rails, grooved rails and obsessive-compulsive shines; railway sleepers and long sleepers, smådeler for track, ballast including gravel and sand; turnouts and rail crossings, etc.; turntables and sliding bridges (with the exception of such as are reserved exclusively for locomotives)-access roads for passengers and goods, including access by road and pedestrian access for walking passengers on arrival and departure-safety, signal and telecommunications equipment on the free line, in the stations and change stations, including facilities for the production, transformation and distribution of electric power for signal and telecommunications; buildings for such installations or plant; track brakes-lighting systems for traffic and security purpose facility for transmutation and the transfer of electric power for train propulsion: under stations, supply cables between the stations and contact threads, bæreliner and bars; tredjeskinne with bars-buildings used by the infrastructure manager, including part of the facilities for the collection of transport costs.
Annex II. Principles of the performance scheme referred to in section 6-6 the performance scheme referred to in section 6-6 will build on the following principles: a) to achieve an agreed level of performance without bringing a service's financial viability at risk to infrastructure manager deal with the applicant the main parameters for the performance scheme, especially the value of delay, threshold values for amounts owed according to the performance scheme both with respect to individual trains and all trains at a railway company in a given period of time.
b) infrastructure manager shall notify the railway undertaking route schedule, to be applied as the basis for the calculation of the delay, at least five days before the campaign's departure. Infrastructure manager can use a shorter notification deadline in the case of force majeure or late change of the route plan.
c) All delays will be attributed to one of the following categories and subcategories: 1. management of the drift/planning that can be attributed to the infrastructure Manager 1.1 preparation of Schedule 1.2 train composition 1.3 error in operating procedure 1.4 error application of priority rules 1.5 staff 1.6 other reasons 2.
the railway infrastructure facility that can be attributed to the infrastructure Manager 2.1 signal conditioning 2.2 signal conditioning at level crossings 2.3 telecommunication power supply equipment 2.4 2.5 2.6 2.7 track structures staff 2.8 other reasons 3.
causes related to construction work that can be attributed to the infrastructure manager 3.1 planned construction work 3.2 irregularities by the execution of construction work 3.3 slow because of defective track 3.4 other causes 4.
causes that can be attributed to other infrastructure managers 4.1 caused by previous infrastructure manages 4.2 caused by the next infrastructure manages 5.
commercial reasons that can be attributed to the railway undertaking 5.1 exceeding 5.2 from the train stop time request the Enterprise 5.3 download operations 5.4 irregularities by the preparation of loading 5.5 5.6 5.7 train staff other reasons 6.
rolling stock that can be attributed to the railway undertaking 6.1 planning of roster/shift of roster 6.2 performed by train composition railway undertaking issues that affect 6.3 passenger vehicles (passenger transport) 6.4 issues that affect boxcars (freight transport) 6.5 issues that affect wagons, locomotives and motor vehicles 6.6 human resources 4.2 other reasons 7.
causes that can be attributed to other railway undertakings 7.1 caused by the next railway companies caused by the preceding 7.2 railway undertakings 8.
extraneous reasons that neither can be attributed to the infrastructure manager or the railway undertaking 8.1 8.2 8.3 administrative formalities strike external influence 8.4 consequences of weather conditions and natural causes 8.5 delays that caused by outer causes on subsequent Web 5.3 other reasons 9.
secondary causes that neither can be attributed to infrastructure manager or the railway undertaking 9.1 dangerous events, accidents and dangers 9.2 because of busy train track delay 5.8 due to busy track another togs turnaround time delay 9.4 9.5 9.6 connection needs for further research.
Attachment III. Basic principles and parameters for the agreements between the competent authority and infrastructure manager of the agreement the provisions of section 3-2 be specified and include at least the following items: 1)
the scope of the EEA agreement with regard to infrastructure and service facilities, set up in accordance with Chapter 4. It should include all aspects of infrastructure management, including maintenance and renewal of the infrastructure that is already in use. If it is appropriate, it can also include the construction of new infrastructure, 2) the structure of payments or funds allocated on the infrastructure services listed in Chapter 4, to the maintenance and renewal and to the management of existing maintenance and renewal lags. If it is appropriate, the structure of the payments or funds that are appropriated to the new infrastructure, are included, 3) user-oriented performance goals in terms of indicators and quality criteria, which includes items such as a) train performance, for example, with respect to the line speed and reliability as well as customer satisfaction, b), c) network capacity management of the fixed assets, d) Enterprise volumes, e) security levels and f) environmental protection, 4) the extent of any maintenance backlog and assets should be phased out and, consequently, will trigger other capital flows , 5) stimulation measures mentioned in section 3-2 the first paragraph last sentence, 6) infrastructure manager's minimum obligations with regard to the content and the frequency of reporting, including information to be made public annually, 7) the agreed maturity for the agreement, which will be coordinated with and be in accordance with the maturity of the infrastructure manager's business plan, concession or licence where it is relevant, and the free frames and rules as set forth by the State , 8) rules for the management of major operational disruptions and emergencies, including contingency plans and early raising of the agreement, and information in good time to the users, 9) the remediation measures to be taken if one of the parties violates their contracted obligations, or if extraordinary circumstances affecting the possibility of public funding; This includes the terms and conditions and procedures for renegotiation and early elevation.