ACT

of 28 March 2003

o Rail transport ¹⁾

• Metric
• Codified text

Chapter 1

General provisions

Article 1. [ Substantive Scope] The provisions of the Act specify

1) rules for the use of railway infrastructure, management of railway infrastructure and its maintenance;

2) the rules for the operation of rail traffic and the operation of rail services;

3) the technical conditions for the operation of railway vehicles;

3a) the conditions for ensuring the interoperability of the rail system within the territory of the Republic

4) rules and instruments for the regulation of rail transport;

5) specific rules and conditions for the preparation of investments concerning railway lines, including the conditions of location and the acquisition of real estate for this purpose and the authorities competent in these matters;

6) the working time of railway workers engaged in interoperable cross-border services;

7) rules for the protection of passengers ' rights in rail transport.

Article 2. [ Scope of application] The provisions of the Act also apply to:

1) subway, except Chapters 2, 4a-9 and 12, art. 13 (1) 1, art. 14a, art. 23 (1) 3-5 and art. 23a-23j; the provisions of Chapter 2b shall apply mutatis mutandis;

2) railway sits, except chapters 2b, 5b-8 and 10, art. 23 (1) 3-5, art. 23a-23j, art. 25a-25f and art. 25ga-25ta;

3) railway infrastructure covering railway lines with track widths of less than 1435 mm and railway undertakings using this railway infrastructure, with the exception of chapters 4a, 5b-8, art. 5 par. 3-6, art. 9, art. 13 (1) 1, art. 23 (1) 3-5, art. 23a-23j and art. 59-64.

Article 3. [ Exclusion of use] The provisions of the Act shall not apply to:

1) tramway lines;

2) in-house transport by rail;

3) cableway and line-field transport, with the exception of art. 10 para. 4-6.

Article 3a. [ Application of the provisions of Regulation (EC) No 1371/2007] The provisions of Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007. concerning the rights and obligations of passengers in railway traffic (Dz. Urz. EU L 315, 03.12.2007, p. 14., hereinafter referred to as "Regulation No 1371 /2007/EC", with the exception of the provisions of Article 4 (1) of 4, art. 5, art. 8 ust. 1, art. 9, art. 11, art. 12, art. 16, art. 19, art. 20 para. 1, art. 21 (1) 2, art. 22, art. 23, art. 24, art. 26, art. 27, art. 28 and art. 29 of that Regulation, does not apply to urban, suburban and regional rail passenger services.

Article 4. [ Definitions] The terms used in the Act shall mean:

(1) railway infrastructure-railway lines and other structures, buildings and equipment, including land seized, situated in the railway area, intended for the management, handling and maintenance of passengers and goods, and the maintenance necessary for this purpose. the assets of the infrastructure manager;

(1a) rail road-the railway surface, including the rail and the engineering structures and the ground on which it is situated;

(2) railway line-the rail route having a start and end, together with the adjacent land belt, which consists of sections of the line, as well as buildings, structures and equipment intended for the operation of railway traffic, together with the land seized under them;

2a) a railway line of state importance-an existing or designed railway line, the construction, maintenance and exploitation of which is justified by major economic, social, environmental or defence reasons;

2b) a railway line of defence importance-a railway line, of a state importance, the maintenance and operation of which justifies the defence of the state, including the need for the Armed Forces of the Republic of Poland and the allied troops at the time of the increase the defence readiness of the State and during the war, intended to be covered by a technical cover;

2c) a purely defensive railway line-the railway line, of the state importance, for which the only criterion of passing on the line of state importance are the defence of the state, including the need for the Armed Forces of the Republic of Poland and allied troops in all states of defense readiness and during the war;

3) the adjacent ground belt-land along the railway lines, situated on both sides of the ground, designed to ensure the safe conduct of the railway traffic;

(3a) a ground belt under the railway line, the area of land used for the construction or conversion of the railway line as defined in the decision to establish the location of the railway line;

4) rail network-the arrangement of interconnected railway lines, stations and railway terminals and all types of fixed equipment necessary to ensure the safe and continuous operation of the rail system, which is owned by the administrator infrastructure, or managed by an infrastructure manager;

4a) the transport plan-a plan for the sustainable development of public collective transport developed by the organizer of public collective transport and announced in accordance with the Act of 16 December 2010. public transport by collective transport (Dz. U. of 2015 items 1440, 1753, 1890 and 1893 and from 2016. items 1863);

5) the section of the railway line-the part of the railway line between the node stations or between the starting point or the final point of the railway line and the nearest node station;

6) a railway vehicle-a vehicle adapted to move on its own wheels after the railway tracks, powered or without a drive;

6a) (repealed)

6b) the owner-the entity owning the railway vehicle or having the right to use it as a means of transport, entered into the national register of railway vehicles;

6c) the entity in charge of maintenance of the railway vehicle (ECM [ 1] ) -the operator required to guarantee the maintenance of the railway vehicle, entered in the national register of railway vehicles, in particular the railway undertaking, the infrastructure manager or the authorising officer;

6d) contracting entity-an entity that orders the design, construction, renewal or upgrading of a subsystem, in particular a railway operator, an infrastructure manager or a authorising officer;

6e) national register of railway vehicles (NVR) [ 2] ) -a register of railway vehicles authorised to operate in the territory of the Republic of Poland;

6f) a special railway vehicle-a railway vehicle intended for the maintenance, repair or construction of railway infrastructure, or intended for the carrying out of rescue operations;

6g) National Register of Infrastructure (RINF)-the register of railway infrastructure, as well as railway siques operating on the territory of the Republic of Poland;

7. the infrastructure manager, the entity performing the business of managing the railway infrastructure, on the basis of the law; the functions of the railway infrastructure manager or parts of the railway infrastructure may be carried out by various operators;

8. the area of the railway-the area of the land specified by the stock records on which the railway road, buildings, structures and equipment are situated for the management, operation and maintenance of the railway line and the transport of persons and goods;

8a) railway station-situated in the railway area of a construction site or a team of building facilities for handling the travellers or the services accompanying this service, which may also include the facilities for carrying out activities related to carrying out train movements;

9) a railway undertaking-an entrepreneur who, on the basis of a licence, carries out railway services or provides a traction service;

9a) traction service-the activity of a railway operator consisting in the provision of a powered rail vehicle with the operation of train drivers to carry out rail transport or to provide drivers for the driving of a railway vehicle with a drive;

10) railway siding-rail road connected to the railway line and used for the loading and unloading of wagons or maintenance operations of railway vehicles and/or parking of railway vehicles and the movement and incorporation of vehicles railway traffic to traffic; the railway siders shall also include railway traffic control equipment and other equipment connected with the safety of the rail traffic which is situated on the railway sider;

10a) user of the railway siding-an entity operating within the railway siding, being the owner or the ruler on the basis of another legal title;

11. train path-identification, in the timetable, of the train position in the driving time function, for the assessment of the use of the railway line capacity;

(12) capacity-the ability to operate a railway or a part of a railway line to carry out train journeys at a specified time;

13) type of railway vehicle-a railway vehicle with specific repeatable design solutions;

14) type of structure-a construction designed to carry out railway traffic with specific repeatable technical and operational parameters;

14a) type of device-a device or system designed to carry out railway traffic with specific repeatable technical and operating parameters;

15) certificate of entry into service of type-document entitling to operation of the type of railway vehicle, type of structure or type of device, as appropriate;

15a) certificate of conformity type-a document issued by an organization unit authorized to carry out the technical tests necessary to obtain a certificate of entry into service of type confirming the conduct of these tests with the result positive;

15b) certificate of conformity to type-a document issued by an organization unit authorized to carry out the technical tests necessary to establish conformity with the type, certifying that the device, structure or railway vehicle is conforming to a type which has previously been certified as a type-of-service certificate;

16) (repealed)

16a) (repealed)

17. Certificate of technical fitness of the railway vehicle-a document confirming that the railway vehicle is technically efficient;

18) a safety certificate-a document confirming the ability to safely operate railway traffic and to carry out rail services, to be issued to entities exempted from the obligation to obtain a safety certificate and safety authorization;

18a) a safety certificate-a document confirming the possession of an approved safety management system by the railway carrier and the ability to meet its safety requirements;

(18b) security authorization-a document confirming the establishment of a safety management system by the infrastructure manager and the ability of the infrastructure manager to meet the requirements necessary for safe design, operation and maintenance the railway infrastructure;

19) public service contract-a public service contract in the scope of public collective transport within the meaning of the Act of 16 December 2010. public transport by collective transport;

19a) organizer of public railway transport-the organizer of public collective transport within the meaning of the Act of 16 December 2010. public transport in the field relating to passenger rail services;

19b) the operator of public railway transport-the operator of public collective transport within the meaning of the Act of 16 December 2010. public transport in the field relating to passenger rail services;

19c) carriage of a public utility-carriage of a utility character within the meaning of the Act of 16 December 2010. public transport by collective transport;

(19d) a contract for the provision of railway infrastructure, an agreement between the infrastructure manager and the road haulage carrier, the rules for the use of the infrastructure and the standard of quality of access to the infrastructure;

20) (repealed)

20a) voivodship passenger transport-voivodship passenger transport within the meaning of the Act of 16 December 2010. public transport by collective transport;

21) (repealed)

22. technological carriage-a journey carried out for the purpose of the infrastructure manager for the construction, repair, maintenance, supervision or disposal of the accident;

22a) passenger transport occasional passenger transport by rail to meet the transport needs not provided for under the service contract for a given line of transport public or on the basis of a decision to grant open access;

23. timetable for trains, the plan by which trains are to be carried out on the railway network or part of the railway network at the time in which it is in force;

24) framework agreement-a contract concluded between the railway undertaking and the infrastructure manager for the reservation of railway line capacity, covering a period of more than one year, without specifying the detailed route of the trains;

25) in-house transport-transport carried out within the company's production process, including in the mining area-explorers ' mines, waste landings, metallurgical plants and coking plants, during which the railway vehicles in it participating do not go to the railway line;

26) rail system-distinguished by functional characteristics and technical railway network and railway vehicles intended for traffic after this network;

26a) the trans-European rail system as defined in the Decision of the European Parliament and of the Council No 661 /2010/EU of 7 July 2010. on Union guidelines for the development of the trans-European transport network (Dz. Urz. EU L 204 of 05.08.2010, str. 1) and railway vehicles designed to move on that railway network;

27) (repealed)

28) (repealed)

29) interoperability of the rail system-the ability of the rail system to ensure the safe and uninterrupted movement of trains, meeting the technical, operational, operational and legal conditions, the behaviour of which ensures that the essential requirements are met. concerning the interoperability of the rail system and enables efficient navigation on the trans-European rail network;

30) interoperability constituent-the basic components, groups of components, components or assemblies which are incorporated or intended to be incorporated into a subsystem upon which the interoperability of the rail system directly or indirectly depends; the component interoperability is also software;

30a) a special case-the part of the rail system for which, on a temporary or permanent basis, separate provisions have been set in the technical specifications for interoperability due to existing geographical, topographical or urban constraints, or the need to ensure compliance with the existing rail system;

(30b) Open points, as indicated in the technical specifications for interoperability, of the technical conditions relating to the essential requirements for the interoperability of the rail system to which national rules apply;

(31) subsystem-part of the rail system of a structural or functional nature, for which separate essential requirements for the interoperability of the rail system have been established;

32) essential requirements for the interoperability of the rail system-the requirements set out in the Directive on the interoperability of the rail system within the Community, concerning the interoperability constituents, the subsystems and their links, which should be met on the trans-European rail system in order to ensure the interoperability of the rail system;

33. technical specifications for interoperability-specifications covering subsystems or parts thereof in order to meet the essential requirements for the interoperability of the rail system, as announced by the European Commission in the Official Journal of the Union European;

33a) European specifications-common technical specifications, European technical approvals or national standards transposed by European standards;

33b) EC verification procedure of the subsystem-steps taken by the manufacturer or his authorised representative established in the territory of a Member State of the European Union, contracting entity, modernization contractor, importer, an investor, a authorising officer, an infrastructure manager or a railway undertaking to demonstrate that the subsystem is in conformity with the essential requirements for the interoperability of the rail system, meets the requirements of the relevant provisions European Union and national legislation and may be authorised to the operation of the rail system;

34. EC certificate of verification of the subsystem-a document issued by a notified body confirming that the subsystem is in conformity with the essential requirements for interoperability of the rail system;

34a) intermediate EC certificate of verification of the subsystem-a document issued by a notified body confirming that the subsystem in whole or in part, at the design or construction stage, is in conformity with the essential requirements for interoperability the rail system;

34b) EC certificate of conformity or suitability for use of an interoperability constituent-a document issued by a Notified Body confirming that the interoperability constituent complies with the essential requirements for interoperability the railway system or confirming that the interoperability constituent is useful for use;

34c) (repealed)

34d) (repealed)

34e) (repealed)

34f) notified body-the entity responsible for assessing the conformity or suitability for use of the interoperability constituent and responsible for carrying out the EC verification procedures of the subsystems;

35) EC declaration of verification of the subsystem-statement of the manufacturer or his authorised representative established in the territory of the Member State of the European Union, contracting entity, contractor of modernization, importer, investor, the authorising officer, the infrastructure manager or the railway undertaking stating, under his sole responsibility, that the subsystem which has been subject to the EC verification procedure of the subsystem is in conformity with the essential requirements for the interoperability of the rail system and meets the requirements of the relevant rules of the European Union and national rules;

35a) indirect declaration of EC verification of the subsystem-statement by the manufacturer or his authorised representative established in the territory of the Member State of the European Union, contracting entity, modernization contractor, importer, an investor, a authorising officer, an infrastructure manager or a railway undertaking stating, under his sole responsibility, that the subsystem in whole or in part, at the design or construction stage, is in conformity with the essential requirements of the interoperability of the rail system and meets the requirements of the relevant rules of the European Union and national rules;

(35b) EC declaration of conformity or suitability for use of an interoperability constituent, a declaration by the manufacturer or his authorised representative established in the territory of a Member State of the European Union, of the contracting entity, the contractor, the importer, the investor, the authorising officer, the infrastructure manager or the railway operator, stating, under its sole responsibility, that the interoperability constituent complies with the essential requirements relating to the interoperability of the rail system and meets the requirements of the relevant regulations of the European Union and national rules, or confirming that the interoperability constituent is useful for use;

(35c) declaration of conformity with the type-statement of the manufacturer or his authorised representative established in the territory of the Member State of the European Union, the contracting entity, the contractor of the modernisation, the importer, the investor, the authorising officer, the infrastructure manager, the user of the siding or the railway operator stating, under its sole responsibility, that the railway vehicle, device or structure concerned is compatible with the type of vehicle, the device or the structure which has already been received Authorisation for placing in service or certificate the type of entry into service;

36) release into service-the factual and legal acts necessary for the transfer of the subsystem or the railway vehicle for use in accordance with its intended purpose;

36a) the entry into service of the type-factual and legal acts necessary to allow the type of railway vehicle, type of structure or type of equipment to be used, as appropriate, ending with the release of the type-of-service certificate;

36b) authorisation for placing in service-a document entitling the infrastructure manager, the railway operator, the manufacturer or his authorised representative, the importer, the contracting entity, the contractor for the modernisation, the investor or the authorising officer the operation of a subsystem or a unit of service for the first time to be used;

36c) a railway terminal-a building or a construction site together with specialised equipment enabling loading, unloading or collating freight trains or integrating rail freight services with other modes of transport;

37) public resources-public funds within the meaning of the public finance regulations;

37a) a Member State of the European Union-a Member State of the European Union and a Member State of the European Free Trade Agreement (EFTA)-a party to the Agreement on the European Economic Area and the Swiss Confederation;

38) Agency-European Railway Agency established by Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004. establishing a European Railway Agency (Dz. Urz. EU L 164 of 30.04.2004, with a late date. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 7, t. 8, p. 214);

39) safety management system-the organisation and operation adopted by the Infrastructure Manager and the Railway Undertaking to ensure safety;

40) common safety indicators (CSI)-statistical information relating to railway accidents and incidents, the effects of accidents, technical safety of railway infrastructure and safety management;

41) common methods of safety assessment (CSM)-the methods of safety assessment established to describe how the level of safety is assessed, to meet safety requirements and to comply with other safety requirements;

42. common security objectives (CST)-the minimum safety levels to be achieved by the various parts of the trans-European rail system and by the rail system as a whole, expressed in the risk acceptance criteria;

(43) modernisation-the major modification work carried out in the subsystem or parts thereof, improving the overall performance of the subsystem;

44) renewal-larger interchangeable work in a subsystem or part of a subsystem that does not change the total performance of the subsystem;

45) accident-unintentional sudden event or a sequence of such events involving a railway vehicle, causing negative consequences for human health, property or the environment; accidents include in particular:

(a) collisions,

(b) derailment,

(c) events on the crossings,

(d) events involving persons caused by a railway vehicle in traffic,

(e) the fire of the unit;

46) a serious accident-any accident caused by a collision, derailment or other event which has an obvious impact on the regulations of railway safety or on safety management:

(a) with at least one fatalities or at least five injured persons, or

(b) causing significant damage to the railway vehicle, railway infrastructure or the environment, which may be immediately estimated by the investigating committee for at least 2 million euro;

47) incident-any event other than an accident or a serious accident, related to the movement of trains and affecting its safety;

48) proceedings-a process aimed at preventing accidents and incidents involving the collection and analysis of information, drawing conclusions on the causes of accidents and incidents and, where appropriate, drawing up recommendations for safety;

49) interoperable cross-border services-services, the provision of which involves crossing the borders of the Republic of Poland and requires at least two safety certificates from railway undertakings;

50) open access-the right to operate railway passenger services on the basis of the decision to grant open access;

51) European freight corridor-a freight corridor within the meaning of art. 2. 2 lithium a Regulation of the European Parliament and of the Council (EU) No 913/2010 of 22 September 2010 on a European rail network for competitive freight transport (Dz. Urz. EU L 276, 20.10.2010, p. 22, of late. zm.), hereinafter referred to as 'Regulation No 913/2010';

52) a pre-determined international train path-the train route referred to in art. 14 para. 3 of Regulation No 913/2010.

Chapter 2

Railway infrastructure

Article 5. [ The Management Board of the Railway Infrastructure] 1. The management of the railway infrastructure shall consist of:

1) construction and maintenance of railway infrastructure;

2) conduct of train movements on railway lines;

3) maintaining the railway infrastructure in a state ensuring safe operation of the rail traffic;

4. to provide train paths for the train journey on railway lines and the provision of services related to those trains;

5) the management of real estate, which is part of the railway infrastructure.

2. The infrastructure manager, hereinafter referred to as the "manager", manages the railway infrastructure and ensures its development and modernization.

3. The manager shall not be entitled to carry out rail services, except for the execution of technological services for his own needs.

3a. The Railway Undertaking shall not be entitled to manage the railway infrastructure.

3b. Rules of the paragraph. 3 and 3a and art. 37 par. 3-8 shall not apply to an entrepreneur who connects the function of the manager and the railway operator by managing the railway infrastructure and carrying out only urban, suburban or regional rail services on railway networks or Railway lines:

1) isolated, of local or regional level, or

2) intended solely for the execution of urban or suburban rail services.

3c. To the entrepreneur referred to in paragraph. 3b, which provides the railway infrastructure to other railway undertakings with the provisions of Article 3 (2) of the Regulation 37 par. 3-8 shall apply.

3d. If the entrepreneur referred to in the mouth. 3b or 3c, is under the direct or indirect control of an entity performing or integrating a rail transport service other than urban, suburban or regional transport, the following rules shall apply:

1) public funds may not be transferred between the entrepreneur and the entity performing or integrating the rail transport services other than urban, suburban or regional transport;

2. the trader shall carry out the accounts in such a way as to monitor the prohibition referred to in point 1;

3. the trader shall draw up the balance sheet and the profit and loss account separately from the entity performing or integrating the rail transport service other than urban, suburban or regional transport;

4) an entrepreneur, who is not obliged on the basis of the accounting regulations to publish his own financial statements, publishes those reports on their websites.

3e. The Minister responsible for transport shall announce, by means of a notice, the list of the economic operators referred to in paragraph 1. 3b and 3c.

4. (repealed)

5. In the event of a threat to the safety of rail traffic or the safety of the carriage of passengers and the management of the manager, it is obligatory to take action to eliminate this threat, including the cessation or reduction of rail traffic on all or part of the line rail.

6. The Council of Ministers will determine, by way of regulation, the rules of cooperation of the Minister of National Defence with the managers and railway undertakings in the field of adaptation of railway infrastructure to the requirements of state defence, taking into account the requirements of the the defence of the State.

Article 5a. [ Exemption of the provisions of the Public Private Partnership Act] To the tasks in the field of management of railway infrastructure with defence significance, the provisions of the Act of 19 December 2008. o public-private partnership (Dz. U. of 2015 items 696 and 1777) does not apply.

Article 5b. [ Information prepared and presented at the request of the organizer of public rail transport] At the request of the organizer of public transport by rail, the manager shall prepare and provide information:

1) necessary for the development of a draft transport plan;

2) concerning the infrastructure capacity of a given route and the standard of access quality of a given railway line and the scope of the planned repairs and the investment of railway infrastructure used to determine the terms of the public service contract.

Article 5c. [ Delegation] The Minister responsible for transport shall determine, by means of a regulation, the scope and mode of provision by the infrastructure manager to the organiser of the public transport of the information referred to in Article 4. 5b, bearing in mind the need to provide the data necessary for the development of the transport plan and to define the terms of the public service contract, and the need for appropriate analyses.

Article 6. [ Railway Lines] 1. The railway lines are divided into:

1) lines of state importance;

2) other lines.

2. The Council of Ministers shall determine, by means of a regulation, a list of railway lines which, for economic, social, defence or environmental reasons, are of state importance, subject to the paragraph. 3.

3. The Minister competent for transport, in agreement with the Minister of National Defence, will determine, by means of ordinance, a list of railway lines of exclusively defensive importance.

4. The order referred to in paragraph 1. 3, shall not be published.

Article 7. [ Link of railway lines] 1. The combination of railway lines managed by different managers shall be made on the basis of the agreements concluded between them.

2. The combination of railway lines shall not affect the safety rules of railway traffic and the safe transport of persons and goods.

3. The Minister responsible for transport may impose the obligation on the liquidators, by decision, to link the railway lines, if they require such defence reasons or other important considerations of the state, provided that the necessary financial resources are provided for the construction, operation and maintenance of this connection.

Article 8. [ Exemption from perpetual usucaption charges] Land seized under the railway infrastructure shall be exempt from perpetual usucaption charges.

Article 9. [ Liquidation of railway line or section of railway line] 1. The liquidation of the railway line or the section of the railway line shall be made by the administrator under the conditions stipulated in the paragraph. 2-6.

2. The manager, who after the award of the train routes, in the mode specified in art. 29, it concludes that the revenue for the provision of railway infrastructure does not cover the costs of providing the railway infrastructure on these routes:

1) notify the railway undertakings concerned of the intention to wind down the railway line or the section of the railway line in the next timetable of the trains, if the results of the analysis of the applications for train routes to be notified, confirm the deficits of this railway line or of this section of the railway line;

2) inform the competent authorities of local government units in the area of which the railway line or the section of the railway line of the intention to liquidate them is located;

3) request the Minister responsible for transport for consent to the liquidation of the railway line or section of the railway line; in the case of a railway line of state importance for reasons of defence the consent should be expressed in agreement with the Minister of National Defence.

3. Liquidation proceedings may be put on hold if the local authority of the local government or the entrepreneur designated by it:

1) provide financial resources to cover the costs of uncovered revenue from the provision of railway undertakings to railway lines or a section of the railway line;

2) conclude an agreement for a free takeover of the railway line or section of the railway line in management for the purpose of its continued operation;

3) accede to the company of the voivodship passenger transport company, which will take over, for the purpose of further operation, provided for the liquidation of the railway line or the section of the railway line, as a non-monetary contribution.

4. In the event that the liquidation of the railway line or the section of the railway line in the mode referred to in paragraph is not stopped. 3, consent to the liquidation of the railway line or section of the railway line shall issue within 3 months from the date of referral of the application referred to in paragraph. 2 point 3:

1) for railway lines or sections of railway lines of state importance-the Council of Ministers, by means of regulation, taking into account economic, social, defence or ecological considerations;

2) for other railway lines or sections of railway lines-minister competent for transport, by decision.

5. If the revenues from the sale of land and fixed assets belonging to liquidated railway lines or sections of the railway lines referred to in art. 6 para. 1, will be less than the liquidation costs, the difference shall be borne by the State budget.

6. The amount of budget appropriations for the decommissioning of railway lines or sections of the railway lines referred to in paragraph 1. 5, the budget law shall be specified in a given year.

Chapter 2a

(repealed)

Art. 9a. (repealed)

Article 9b. (repealed)

Art. 9c. (repealed)

Art. 9d. (repealed)

Art. 9e. (repealed)

Art. 9f. (repealed)

Art. 9g. (repealed)

Art. 9h. (repealed)

Art. 9i. (repealed)

Art. 9j. (repealed)

Art. 9k. (repealed)

Art. 9l. (repealed)

Art. 9m. (repealed)

Chapter 2b

Specific rules and conditions for the preparation of investments in railway lines

Art. 9n. [ Substantive Scope] (1) The provisions of this Chapter shall lay down specific rules and conditions for the preparation of investments concerning railway lines, including the conditions for the location and acquisition of immovable property for that purpose and the competent authorities in those matters.

2. If the construction works carried out in the framework of the investment concerning the railway line are located in the closed areas referred to in art. 2 point 9 of the Act of 17 May 1989. -Geodetic and cartographic law (Dz. U. of 2015 items 520, with late. zm.) and do not go beyond these lands, the investor can request to obtain a decision to determine the location of the railway line in the mode of this chapter or to obtain a decision on the location of the investment of the public's purpose in the mode of the Act of 27 March 2003 planning and planning of spatial planning (Dz. U. of 2016 r. items 778, 904, 961 and 1250).

Art. 9o. [ Decision to determine the location of the railway line] 1. The decision to determine the location of the railway line shall be issued by the voiders, at the request of PKP Polish Railway Company of the Joint Stock Company, hereinafter referred to as "PLK S.A.", or the relevant local government unit.

2. The provisions of the Act of 14 June 1960 shall apply to the procedure for the decision to determine the location of the railway line. -The Code of Administrative Procedure (Dz. U. of 2016 r. items 23, 868 and 996), hereinafter referred to as the "Code of Administrative Procedure", subject to the provisions of this Law.

2a. If the application referred to in paragraph 1 1, does not make any respect to the requirements laid down in the law, the wojewoda calls upon the applicant to remedy the deficiencies within 14 days, with the instructing that the failure to remedy those deficiencies will leave the application without recognition.

3. The application for the decision to determine the location of the railway line shall include in particular:

1) a map of at least 1:5000 scale, presenting the proposed mileage of the railway line, with an indication of the site necessary for the planned construction works, developed using the content of the main map, and in the absence of it-another map the situational and high-altitude situation on the same scale, and for closed areas with the content of the map referred to in art. 4 par. 2 of the Act of 17 May 1989. -Geodetic and cartographic law;

2. the definition of changes to the previous purpose, development and armament of the site, the use of which shall be understood by the construction of the facilities referred to in Article 3 (2). 143 (1) 2 of the Act of 21 August 1997. with Real Estate Management (Dz. U. of 2015 items 1774 and 1777 and from 2016. items 65, 1250 and 1271);

3) maps with project breakdown projects, in case of necessity to make the division of the property, drawn up in accordance with the separate regulations;

3a) a list of properties or parts thereof that are planned to be taken over to the State Treasury or local government unit, containing the designation of plots according to the real estate cadastre or maps with real estate breakdown projects, and surfaces of these parcels

4) opinions:

(a) the Minister responsible for Health-for investments located in areas to which the health status of the area has been granted, or the status of the area of health protection in accordance with the provisions of the Law of 28 July 2005. o Health care, health and health care areas as well as health resorts (Dz. U. of 2016 r. items 879 and 960),

(b) the Director of the competent maritime office, in respect of the sea ports and the marina, including the areas of the technical belt and the protective belt,

(c) the competent authority of the mining surveillance authority, in respect of mining areas,

(d) the Director of the Regional Management Board of the Water Management Board, in respect of investments covering the performance of water equipment and in relation to the execution of construction works or works in areas of direct risk of flooding,

e) Director of the competent regional directorate of the State Forestry of Forest State Forests-in respect of forest land owned by the State Treasury, being the management of the State Forestry Forest State Forests,

(f) the appropriate provincial monument conservator-in respect of cultural objects protected under the provisions of the Act of 23 July 2003. about the protection of monuments and the care of the monuments (Dz. U. of 2014 items 1446 and from 2015. items 397, 774 and 1505),

(g) the competent governor, the marshal of the voivodship and the old age of government for the purpose of implementing the investment of the public objective referred to in Article 4 (1) of Regulation (EC) No matter. 39 (1) 3 points 3 and art. 48 (1) 1 of the Act of 27 March 2003. planning and spatial planning-for areas not covered by the current zoning plans,

h) competent local management of the voivodship, the administrative board of the district and the mayor (mayor, president of the city)-with regard to the protection of the local infrastructure facilities,

(i) the competent manager of the public road, in relation to the public road which crosses the railway line,

(j) the relevant railway infrastructure manager, in relation to the proposed railway line, which crosses the railway line of the railway station or is located in the railway area of the railway infrastructure line.

4. The competent authority, at the request of the PLK S.A. or the competent authority of local government, shall issue the opinions referred to in paragraph. 3 point 4, not more than 30 days from the date of receipt of the request for an opinion. The failure to deliver an opinion within this time limit shall be considered as a lack of objections to the application for a decision to determine the location of the railway line.

5. The opinions referred to in paragraph 1. Article 3 (4), replace the arrangements, permissions, opinions or positions of the competent authorities as required by separate provisions.

6. The Wojewoda sends notice of initiation of the decision to determine the location of the railway line of the applicant, the owners or users of the perpetrators of the property covered by the application for the decision to issue this decision to the address indicated in the cadastre property and inform the other parties of the opening of this procedure by means of notices in the voivodship office and the offices of communes competent due to the course of the railway line, on the websites of those communes and the voivodship office, and in the local press as well. Service of the notice to the address indicated in the real estate cadastre shall be effective.

6a. In the case of unregulated real estate, and in the situation where the owner or the perpetual user is dead, and their heirs have not shown the right to decline, the notice referred to in paragraph. 6, shall be carried out by means of a notice in the voivodship office and the offices of communes competent for the course of the railway line, in the Public Information Bulletin on the subject-matter of these communes and the voivodship office, as well as in the local press.

7. The decision to establish the location of the railway line shall be issued within 3 months from the date of submission of the application referred to in paragraph. 1.

8. On the date of the notification referred to in paragraph. 6, immovable property owned by the State Treasury or local government units, covered by the application for a decision to determine the location of the railway line, may not be traded within the meaning of the provisions of the Act of 21 August 1997 r. with regard to the real estate economy, subject to the paragraph. 10.

9. Legal action made in violation of the mouth. 8 is invalid.

10. The provision of the paragraph. 8 shall not apply to the land contributed by Polskie Koleje Państwowe Spółka Akcyjna, hereinafter referred to as "PKP S.A.", in the form of a non-cash contribution to PLK S.A. on the basis of art. 17 para. 1 of the Act of 8 September 2000. on the commercialisation, restructuring and privatisation of the state-owned enterprise "Polskie Koleje Państwowe" (Dz. U. of 2014 items 1160, of 2015 items 200 and of 2016 items 615).

11. In the case of disposal of property or the right of use of a perpetual property other than those mentioned in the paragraph. 8, which is the subject of an application for a decision to determine the location of the railway line, after notification of the notification referred to in paragraph 1. 6, the purchaser and the vendor shall be obliged to report to the competent owner of the data of the new owner or perpetual operator within 7 days from the date of disposal. The absence of a timely notification and conduct without the participation of a new owner or perpetual user shall not constitute grounds for resumption of the proceedings under Article 4. 145 § 1 pt. 4 of the Code of Administrative Procedure.

12. On the date of service of the notification referred to in paragraph 1, 6, in respect of the property covered by the application for the decision to determine the location of the railway line, until the final termination of the proceedings on the issue of such a decision, there does not appear a decision on the construction permit for the other investments, and the ongoing proceedings in these cases are subject to suspension until the final termination of the proceedings on the decision to fix the location of the railway line.

13. In the case of a declaration of intention to carry out the works, the initiation of proceedings concerning the decision to determine the location of the railway line obliges the competent authority of the architectural and construction administration to object to the reports.

14. The provisions of the paragraph. 12 and 13 shall not apply to proceedings relating to an investment of a public purpose, the preparation and implementation of which is to be carried out with the consent of the entity, at the request of which the decision to determine the location of the railway line has been initiated.

Art. 9oa. [ Arrangements for the elimination of the collision of the operation of the site with an investment on the railway line] 1. The entities managing the area's arms networks agree to remove the collision of the network run with the investment concerning the railway line within 14 days from the date of receipt of the request of PLK S.A. or the relevant local government unit.

2. No reconciliation within the period specified in the paragraph. 1 means consent to the removal of the collision in the manner and on the terms proposed by PLK S.A. or the competent local government unit.

Art. 9p. [ Grounds for the prohibition of the decision to determine the location of the railway line] The decision to establish the location of the railway line does not appear in the case of construction works:

1) consisting in the renovation, reconstruction or extension of the railway line, if they do not cause a change in the way the land is managed and the construction object is used, and do not change its architectural form, and are not included in the projects requiring an environmental impact assessment procedure, within the meaning of the provisions of the Act of 27 April 2001. -Environmental law (Dz. U. of 2016 r. items 672, 831, 903 and 1250) or

2) not requiring a building permit.

Art. 9q. [ Elements of the decision to determine the location of the railway line] 1. The decision to determine the location of the railway line shall include in particular:

1. lines demarking the area;

2) technical conditions for the implementation of the investment;

3) the conditions resulting from legally protected environmental protection needs, protection of monuments and goods of contemporary culture and the needs of the defence of the state;

4) requirements for the protection of the interests of third parties;

5) approval of the division of the immovable property referred to in art. 9s ust. 1;

6) determination of the restrictions on the use of immovable property in order to ensure the right to enter the property area for carrying out the railway investment, including the carrying out of the related construction or redevelopment of the road system or water equipment, or assumptions and performance of drainage pipes and equipment for the transmission of liquids, vapours, gases and electricity and communication and signalling devices, as well as other underground, ground-based and/or filing facilities and equipment necessary for the use of these wires and equipment, as well as works related to maintenance, maintenance, or disposal of failures;

7) the designation of the property or their parts, according to the cadastre of the property or the maps with the projects of the division of real estate, which become the property of the State Treasury or the competent local government unit.

1a. To the restrictions referred to in paragraph 1. The provisions of Article 1 (6) shall apply mutatis mutandis. 124 (1) 4-7 and art. 124a of the Act of 21 August 1997. the real estate economy.

2. The wojewoda shall serve the decision to determine the location of the applicant's railway line and send a notice of its issue to the owners or users of the perpetual property covered by the application for the decision to the address indicated in the cadastre property. The other parties shall notify by notice to the voivodship office and the offices of communes competent for the course of the railway line, on the websites of those communes and the provincial office, as well as in the local press. Service of the notice to the address indicated in the real estate cadastre shall be effective.

2a. In the case of a property with an unregulated legal state or in a situation where the owner or the perpetual user is dead, and their heirs have not shown the right to decline, the notice of the decision to determine the location of the railway line It shall be carried out by means of a notice at the provincial office and the offices of communes competent for the course of the railway line, in the Public Information Bulletin on the subject-matter of these communes and the voivodship office, as well as in the local press.

3. In the notice of the decision to determine the location of the railway line, the information on the place where the parties may become acquained with the content of the decision shall be provided.

4. The provisions of the paragraph. 2-3 shall apply mutatis mutandis to the service and notification of the parties to the decision to determine the location of the railway line issued by the authority of the second instance, as well as the decisions taken pursuant to Article 3 (2) to (3). 145, art. 155, art. 156 and Art. 161-163 of the Code of Administrative Procedure.

5. The Board of Appeal of the decision of the voyev to determine the location of the railway line shall be the Minister responsible for the construction, planning and development of the spatial and housing.

6. The decision to determine the location of the railway line determines the date of the issue of the property or emptying of the premises and other premises. That period shall not be less than 30 days from the date on which the decision to establish the location of the railway line became final.

7. The provision of the railway line shall apply mutatis mutandis to the decision to determine the location of the railway line. 155 of the Code of Administrative Procedure, provided that the agreement only expresses the party which applied for the decision to establish the location of the railway line.

Art. 9r. [ Reference] 1. The appeal of the party from the decision to determine the location of the railway line shall be dealt with within 21 days, and the complaint to the administrative court-within 60 days, counting from the date of receipt of the appeal to the competent authority or the complaint to the court.

(2) In the proceedings before the appeal body and before the administrative court, the decision in whole or in its entirety cannot be annuled when the disadvantage is only affected by the part of the decision relating to the section of the railway line, the immovable property or the plot.

Art. 9s. [ Approval of the division of the property through the decision to determine the location of the railway line] 1. The decision to establish the location of the railway line approves the division of the property. Maps with property division projects are an integral part of the decision to establish the location of the railway line.

2. The lines demarcating the area determined by the decision to establish the location of the railway line constitute the dividing lines of the property.

3. The properties referred to in art. 9q ust. 1 point 7 shall be in the possession of:

1) The State Treasury-in the case of an application for the decision to determine the location of the railway line submitted by PLK S.A.,

2) units of local government-in the case of an application for the decision to determine the location of the railway line submitted by this unit

-as from the date on which the decision to establish the location of the railway line became final.

3a. If on the property referred to in paragraph. 3, or the law of use of perpetual property of this property has been established by limited rights in kind, from the date on which the decision to establish the location of the railway line has become final, these rights expire.

3b. PLK S.A. acquired by law from the date on which the decision to establish the location of the railway line became final, the right of use of perpetual land property acquired by virtue of the law by the State Treasury or constituting its property, with the exclusion of the immovable property referred to in paragraph 3e, and the ownership of buildings, other equipment and premises located on these real estate.

3c. The first fee and annual fees for the acquisition of the right of use of perpetual property under this Chapter shall not be collected and the acquisition of the property rights of buildings, other facilities and premises located on immovable property, of which Paragraph 1. 3b, the following shall be free of charge.

3d. Income from the acquisition of the rights referred to in paragraph. 3b, is exempt from income tax.

3e. The real estate on which the construction or reconstruction of the national roads is planned, as defined by the decision to establish the location of the railway line, as the date on which the decision became final, shall be given by the General Directorate of the Road to the General Directorate of the General Directorate. National and Autostrad.

4. To determine the amount and payment of compensation in the cases referred to in the paragraph. 3 and 3a, mutatis mutandis, the provisions on real estate shall apply, subject to Article 3 (3) and (3) 9y and 9z.

5. The decision to determine the location of the railway line constitutes the basis for making the entries in the perpetual register and in the cadastre of the property of the rights referred to in the paragraph. 3 and 3b.

6. The provisions of the paragraph. 2 and 3 do not apply to real estate which is the subject of ownership or the use of perpetual PKP S.A. or PLK S.A.

7. Until the day of obtaining the building permit, the properties referred to in the paragraph. 3, may be used free of charge by the existing owners or persons who have held other legal titles to the property, subject to art. 9w.

8. From the date on which the decision to determine the location of the railway line became final, PLK S.A. or the competent local government entity obtains the right to dispose of the immovable property referred to in the paragraph. 3 and 3b, for construction purposes within the meaning of the provisions of the Act of 7 July 1994. -Building law (Dz. U. of 2016 r. items 290, 961, 1165 and 1250), hereinafter referred to as the 'Construction Law', taking into account the Article 9w ust. 4.

Art. 9t. [ Acquisition by contract of a part of the property unfit for use on the purposes of the PLK] 1. (repealed)

2. If in the case referred to in art. 9s ust. 3, a part of the property has been taken over, and the remainder is not suitable for proper use for the current purposes:

1) PLK S.A. acquisitions, by contract, at the request of the owner or the user of perpetual real estate, in the name and for the Treasury of the State of this part of the property;

2) the local government entity acquires, by contract, at the request of the owner or the perpetual user of the perpetual property of that part of the property.

3. With the date of conclusion of the agreement referred to in paragraph. 2 point 1, acquired in favour of the Treasury the property belongs to the property of the State Treasury. With that date the starosta on the basis of the provisions of the Act of 21 August 1997. the real estate economy is being hosted by the real estate.

4. Notary drawing up the contract referred to in paragraph 1. 2, within 7 days from the day of its conclusion, shall send a copy of the notarial deed of that contract to the competent starost.

5. The price of the acquisition of the property referred to in the paragraph. 2, may not be higher than the market value of the rights to the property, estimated by the asset valuer, as established for the previous arrangement.

6. Payment of the price of the acquisition of the property referred to in the paragraph. 2 point 2 or paragraph 2 3, make to the transferor of PLK S.A. or the local government unit within 30 days from the date of conclusion of the agreement referred to in paragraph. 2.

Art. 9u. [ Application of enforcement provisions in administration] The enforcement of the obligations arising from the decision to establish the location of the railway line shall be subject to enforcement proceedings in the administration.

Art. 9w. [ Immediate feasibility of the rigor] 1. Wojewoda gives the decision to establish the location of the railway line of the rigor immediately enforceability at the request of the PLK S.A. or the relevant local government unit, justified by the social or economic interest.

2. The decision referred to in paragraph 2. 1, a rigor of immediate enforceability shall be given if it is necessary to demonstrate the right to dispose of the property for construction purposes within the meaning of the Construction Law.

3. The decision referred to in paragraph. 1:

1) grant to PLK S.A. or to the local government unit the right to dispose of property for construction purposes;

2) commits to the immediate release of the property, the emptying of the premises and other premises;

3) entitles to the actual coverage of the property in possession by PLK S.A. or the local government unit;

4. entitles the water to the issuing of the decision on the construction permit.

3a. In the case referred to in paragraph 1. 3 point 4, the construction project contains a land or land development project, drawn up on the map with the acquired projects of property breakdowns resulting from the decision referred to in the paragraph. 1.

4. Where the decision referred to in the paragraph is not 1, refers to the immovable property of a residential building or a building where the dwelling is extracted, PLK S.A. or the local government unit is obliged, within the time of the actual taking up of the property in possession, to an indication of the replacement premises within the meaning of the provisions of the Act of 21 June 2001. on the protection of the rights of the tenants, the housing share of the municipality and the amendment of the Civil Code (Dz. U. of 2014 items 150, of 2015 items 1322 and 1777 and from 2016. items 8 and 1250).

5. Where the actual coverage of the property in possession occurs after the expiry of the time limit referred to in art. 9q ust. 6, PLK S.A. or the local government unit shall not be obliged to indicate the replacement premises.

6. The person to whom the replacement premises are indicated shall be obliged to be emptied at the latest on the day of expiry of the period referred to in Article 9q ust. 6.

Article 9x. [ Release by decision of the decision on the expiry of the permanent management board] 1. The decision to determine the location of the railway line constitutes the basis for the release of the decision on the termination of the permanent board established on the land plot dedicated to the railway line under the railway line, the property of the Treasury or units of local government.

2. If the immovable property of the State Treasury was previously leased, rented or used, the decision to determine the location of the railway line is the basis for the termination by PLK S.A., or the unit of local government of the lease, rental or lending contract with immediate effect. The damages suffered as a result of the termination of the contract are due to compensation from PLK S.A. or the local government unit.

3. (repealed)

4. If the land for the land under the railway line of the State Treasury or of the local government has been allocated for the perpetual use of the land property, the use of the land property shall expire on the date on which the land is in the same way. the decision to establish the location of the railway line has become final, determined according to the rules laid down in the real estate regulations, subject to art. 9y and art. 9z.

5. Paragraph Recipe 4 shall apply mutatis mutandis to the use of perpetual usuallies acquired in a manner other than by means of a contract concluded in the form of a notarial deed.

6. The provisions of the paragraph. 4 and 5 do not apply to real estate in perpetuation of the perpetuated PKP S.A. or PLK S.A.

Art. 9y. [ Compensation] 1. For real estate and limited property rights to the property referred to in art. 9s ust. 3 and 3a and art. 9x ust. 4, from the entity to which the decision to determine the location of the railway line is issued, shall be entitled to compensation to existing owners or to the perpetrators of the real-estate property, and to persons to whom the limited rights of property are entitled to be awarded to real estate.

2. The amount of the compensation shall be determined by the water by decision, within 30 days from the date on which the decision to establish the location of the railway line became final.

3. The amount of the compensation shall be determined on the basis of the estimate made by the asset valuer, according to the state of the property, at the date of the decision on the determination of the location of the railway line by the first instance body and according to its the value at the date of the decision fixing the amount of the compensation. The compensation shall be subject to valorisation at the date of payment in accordance with the rules applicable to the reimbursement of expropriated properties.

3a. In the case referred to in Article 9s ust. 3a, the amount of compensation to be paid to the owner or the perpetrator shall be reduced by an amount equal to the value of the expiry of the limited rights in rem.

3b. The sum of the amount of compensation to be paid to the owner or to the perpetrator, excluding the amounts referred to in paragraph 3. 3e and 3f, and the amount of compensation for the expiry of the limited rights of property laid down in that property or on the right of perpetual usuem, shall not exceed the value of the property or the value of the right of perpetual usuem.

3c. If on the real estate referred to in art. 9s ust. 3, or on the right of use of the perpetual property of these properties is established a mortgage, the amount of compensation for the expiry of the mortgage shall be determined in the amount of the provision of the main claim secured by the mortgage, together with interest This hypotheria is a safety of the This compensation shall be subject to the payment of the repayment of the principal claim secured by the mortgage with interest.

3d. Compensation for the expiry of limited rights in rem in the amount established on the date referred to in the paragraph. 3, shall be paid to the persons to whom those rights have been granted.

3e. If the existing owner or the perpetual user of the property covered by the decision to establish the location of the railway line will issue the property accordingly or issue the property and the premises and other premises immediately, but not later than 28 days from the date of:

1. service of the notification of the decision referred to in art. 9q ust. 2,

2. service of the decision to determine the location of the railway line with immediate feasibility, or

3) in which the decision to establish the location of the railway line became final

-the amount of the compensation shall be increased by an amount equal to 5% of the value of the property or the value of the perpetual usu

3f. Where the decision to determine the location of a railway line relates to a property built in a residential building or a building where the dwelling is extracted, the amount of the compensation to the owner of the existing property shall be the amount of the compensation to be paid to the owner of the railway line. or the perpetuals of a perpetrary resident in this building or premises shall be increased by PLN 10 000 in respect of this property.

4. Compensation shall be paid within 14 days from the date on which the decision to determine the compensation referred to in the paragraph. 2, it became final.

5. If the acquisition of the property referred to in art. 9s ust. 3, concerns the acquisition of the site where the infrastructure facilities for the implementation of own tasks by the local government units are located, using funds from the budget of the European Union or other sources foreign, the compensation shall be increased by the amount to be recovered from the funds and the interest due in accordance with the rules governing the reimbursement of the funding. Compensation in the part transferring the compensation payable under the rules resulting from the Act of 21 August 1997. the real estate economy shall be granted on condition that the local authority, in accordance with the relevant provisions, has been awarded the reimbursement of the financing plus the interest due.

6. To finance the payment of the compensation referred to in the paragraph. 1 and 2, payment of the purchase price of the immovable property referred to in art. 9t, as well as the other costs associated with its acquisition, the costs arising from the implementation of the obligation referred to in art. 9w ust. 4, the provisions of Article 4 shall apply. 38 par. 1 point 3 and paragraph. 2.

7. If there is an overriding social or economic interest, the State Treasury or local government entity may waiw all or part of the right to compensation for the immovable property referred to in art. 9q ust. 1 point 7, in written form, under the rigorome of invalidity. This statement may be made only until the final decision has been taken to determine the compensation.

8. In the case of waiver of the right to compensation for the immovable property referred to in paragraph. 1:

(1) prior to the initiation of the procedure setting out the amount of the compensation, the proceedings shall not be initiated;

2) in the course of the procedure determining the amount of compensation-the proceedings shall be decommitted.

Art. 9ya. [ Decision on the authorisation of an unpaid occupation of the road belt] 1. In the case when the implementation of the railway investment requires the passage through the areas of the waters of the flowing or public roads, PLK S.A. or the competent local government unit shall be entitled to their free course for the time of implementation of the investment.

2. The decision to allow an unpaid occupation of the road lane referred to in art. 40 par. 1 of the Act of 21 March 1985. o public roads (Dz. U. of 2015 items 460, of late. zm.), it shall issue the manager of the road within 30 days from the day of submission of the application.

3. If the decision to determine the location of the railway line was given to the rigor of immediate enforceability, the decision to allow for an unpaid occupation of the road lane appears immediately.

4. PLK S.A. or the local government unit no later than 30 days before the planned occupation of the waters of the waters shall be agreed by means of a written agreement with the relevant authorities referred to in art. 11 of the Act of 18 July 2001. -Water law (Dz. U. of 2015 items 469, 1590, 1642 and 2295 and of 2016. items 352 and 1250) the scope, conditions and timing of this class.

5. Where the decision to determine the location of the railway line has been given to the rigor immediately enforceability, the agreement referred to in the paragraph shall be given. 4. it shall contain immediately.

6. For the damage resulting from the actions referred to in the paragraph. 1, shall be entitled to the PLK S.A. or the local government unit compensation, determined on the basis of the rules resulting from the Civil Code.

Art. 9yb. [ Entities obliged to make unpaid felling of trees and shrubs and their clotting] 1. State Forestry Forest State Forests (State Forests) managing the properties referred to in art. 9q ust. 1 point 7, on the basis of the Act of 28 September 1991. in the forest (Dz. U. of 2015 items 2100 and 2016 items 422, 586, 903 and 1020) are obliged to make free felling of trees and shrubs and to stamp them out within the time limit set in a separate agreement between the State Forests and PLK S.A. or the competent local government unit.

2. Wood obtained from the slices of trees and shrubs referred to in the mouth. 1, becomes free of charge property of the State Forests.

3. The costs of cutting trees and shrubs in the age up to 20 years and their strangulation are to be borne by PLK S.A. or by the competent local government unit.

Art. 9yc. [ Disable the application of the provisions of other laws] 1. The provisions of the Act of 3 February 1995 do not apply to the agricultural and forestry land covered by the decision to establish the location of the railway line. on the protection of agricultural and forestry land.

2. The provisions of the Act of 16 April 2004 do not apply to the removal of trees and shrubs located on the real estate covered by the decision to establish the location of the railway line, with the exception of trees and shrubs entered in the register of monuments. o Nature conservation (Dz. U. of 2015 items 1651, 1688 and 1936 and of 2016. items 422) as regards the obligation to obtain permits to remove them and the fees associated with them.

Art. 9z. [ Payment of the compensation after the appeal against the decision determining the amount of compensation] (1) A party which appeals against a decision fixing the amount of compensation, at the request of the decision, shall pay the amount specified in that decision. The payment of that amount shall not affect the conduct of the appeal proceedings.

2. The provision of the paragraph. The first sentence shall not apply if the party which appeals against the decision fixing the amount of compensation is the entity on whose request the location of the railway line has been decided.

Art. 9aa. (repealed)

Art. 9ab. (repealed)

Art. 9ac. [ Permit for the construction of the railway line] 1. Wojewoda shall issue a permit for the construction of a railway line or individual sections of this line and of all facilities related to its construction, rebuilding and extension, located within the province's borders, on the principles and in the provisions of the provisions of the Construction Law and the services of the applicant and the other parties are notified of its issue, by means of a notice, in the provincial office and the offices of communes competent for the course of the railway line, on the websites of those communes and the provincial office, and in the local press as well.

1a. The provisions of the paragraph. 1 concerning the way in which the parties are notified shall apply to the notice of initiation of the decision on the construction permit. The provisions of the paragraph 1 shall also apply in cases where the proceedings relate to immovable property with unregulated legal status and where the owner or the perpetual user is dead and their heirs have not shown the right to fall.

2. The invalidity of the final decision on the permit for the construction of the railway line shall not be declared if the application for annulment of the decision was submitted after 14 days from the date on which the decision became final and the investor began the construction the railway line. Article 158 (2) of the Code of Administrative Procedure shall apply mutatis mutandis.

3. When taking into account the complaint against the decision to permit the construction of the railway line, which was given the rigor immediately enforceability, the administrative court after 14 days from the date of commencement of the construction of the railway line may state only that the decision violates the law on the reasons set out in art. 145 or in Art. 156 of the Code of Administrative Procedure.

4. The provisions of the paragraph. 2 and 3 shall apply mutatis mutandis to the decision to establish the location of the railway line.

Art. 9ad. [ Application of real estate regulations] 1. In matters not regulated in this chapter, the provisions of the Act of 21 August 1997 apply. the real estate economy.

2. (repealed)

3. In matters concerning the location of railway lines, carried out in the mode of this Chapter, the provisions on spatial planning and development shall not apply, subject to art. 9n ust. 2 and Art. 9o ust. 3 point 4 letter g, and the provisions of the Act of 9 October 2015. o Revitalization (Dz. U. Entry 1777 and from 2016. items 1,250 and 1,050).

Art. 9ae. [ Dependencies concerning the determination of the location of the railway line or the building permit] The decision to determine the location of the railway line or the decision to permit the construction of a railway line from the fulfilment of the benefits or conditions of unforeseen regulations cannot be made subject to the decision.

Chapter 3

President Of The Rail Transport Authority

Article 10. [ President of the Railway Transport Authority] 1. The Central Government Authority, being the national security authority and the national railway transport regulator within the meaning of the European Union's rules on the safety and regulation of rail transport, competent in matters of:

1) the regulation of rail transport,

2) the licensing of rail transport,

3) technical supervision over the operation and maintenance of railway lines and railway vehicles,

4) the safety of rail traffic,

5) supervision of the observance of passengers ' rights in rail transport,

6) licences and certificates of train drivers

-is the President of the Office of Rail Transport, hereinafter referred to as 'the President of UTK'.

2. The property of the President of UTK in matters of the regulation of rail transport referred to in the paragraph. 1, does not apply to the metro.

3. The President of UTK is the market surveillance authority within the meaning of the Act of 13 April 2016. concerning the systems of conformity assessment and market surveillance (Dz. U. Entry 542 and 1228), in the range of products intended for use in railway infrastructure, on railway sidings, narrow-gauge railways, and on the metro, traffic-related and traffic safety, as well as the operation of persons and goods and the operation of railway vehicles.

3a. To assess the conformity of the products referred to in paragraph 1. 3, accreditation, authorization and notification in this respect, as well as the control of the fulfillment by these products of requirements or the creation by them of threats and proceedings in their case, shall apply the provisions of the Act of 13 April 2016. concerning the systems of conformity assessment and market surveillance.

4. The President of UTK is a specialized body within the meaning of the Act of 30 August 2002. a system of conformity assessment (Dz. U. of 2016 r. items 655 and 1228), in the field of cableways intended for the transport of persons.

5. To assess the compatibility of the cableway, referred to in paragraph. 4, the authorization and notification in this respect, as well as the verification of compliance by these cableways with the essential requirements and the proceedings in their case, shall apply the provisions of the Act of 30 August 2002. a system of conformity assessment.

6. For accreditation in the field of cable railways referred to in paragraph. 4, the provisions of the Act of 13 April 2016 apply. concerning the systems of conformity assessment and market surveillance.

Article 11. [ Appointment and supervision] 1. The President of the Office of Rail Transport shall be appointed by the President of the Council of Ministers, from among persons selected on the way of an open and competitive recruitment, at the request of the minister competent for transport. The President of the Council of Ministers refers to the President of UTK

2. Supervision of the President of UTK shall be exercised by the Minister responsible for transport.

3. The Minister responsible for transport, at the request of the President of UTK, shall appoint 2 Vice-Presidents of the Office of Rail Transport, among the persons selected on the way of an open and competitive recruitment. The minister responsible for transport refers to the Vice-Presidents of the Office of Rail Transport, at the request of the President of UTK.

4. The position of the President of UTK may occupant a person who:

1) holds a master's professional title or equivalent;

2) is a Polish citizen;

3) benefit from full public rights;

4) she was not convicted of a final sentence for a deliberate offense or a deliberate treasury offence;

5) has managerial competence;

6) have at least 6-year-old work placer, including at least 3-year-old seniority in the managerial position;

7) has an education and knowledge in the scope of matters belonging to the properties of the President of UTK.

5. Information on the position of the President of UTK shall be announced by placing the notice in a place which is widely available at the seat of the office and in the Public Information Bulletin and the Public Information Bulletin of the Chancellery of the President of the Board of the President of the Board of the President of the Board of the President Ministers. The notice shall include:

1. the name and address of the office;

2. determination of the position;

3) requirements related to the position resulting from the provisions of law;

4) the scope of the tasks performed on the post;

5) an indication of the required documents;

6) deadline and place of submission of documents;

7. information on the methods and techniques of recruitment.

6. The term referred to in paragraph 5 point 6, shall not be less than 10 days from the date of publication of the notice in the Information Bulletin of the Public Chancellery of the Prime Minister.

7. The appointment of the President of UTK shall be carried out by the assembly, appointed by the minister competent for transport, with at least 3 persons whose knowledge and experience give a guarantee of the selection of the best candidates. In the course of the selection, the applicant shall assess the applicant's professional experience, the knowledge necessary to carry out his duties as a recruitment, and the managerial competence.

8. Evaluation of the knowledge and managerial competence referred to in paragraph. 7, may be made at the request of the team by a non-member of the team who has the appropriate qualifications to make this assessment.

9. Member of the team and the person referred to in paragraph. 8, they have the obligation to keep in secret information concerning the applicants for the post obtained during the recruitment process.

10. In the course of the selection, the panel will emerges no more than 3 candidates, which are presented by the Minister of Transport competent for transport.

11. The team shall draw up a protocol of the following:

1. the name and address of the office;

2) determining the position for which the recruitment was conducted, and the number of candidates;

3) forenames, surnames and addresses of no more than 3 of the best candidates ranked according to the level of meeting the requirements laid down in the announcement of the borderline;

4. information on the methods and techniques used for the recruitment;

5) justification of the choice made or the reasons for the nominee's failure;

6) composition of the team.

12. The result of the recruitment shall be announced immediately by the inclusion of the information in the Public Information Bulletin of the Office and the Public Information Bulletin of the Chancellery of the Prime Minister. Information on the outcome of the recruitment shall include:

1. the name and address of the office;

2) determination of the position for which the recruitment was conducted;

3) forenames, the names of the selected candidates and their place of residence within the meaning of the provisions of the Civil Code or information about the failure of the candidate.

13. Setting up in the Public Information Bulletin of the Chancellery of the Prime Minister of the Council of Ministers announcement of recruitment and of the result of this recruitment is free of charge.

14. The team carrying out the recruitment of the posts referred to in paragraph. 3, appoints the President of UTK.

15. To conduct recruitment for the posts referred to in paragraph 1. 3, the paragraph shall apply mutatis mutandis. 4-13.

Article 12. [ Railway Transport Authority] 1. The President of UTK shall carry out his tasks with the assistance of the Office of Rail Transport.

2. The Office of Rail Transport is composed of field branches.

3. The Minister responsible for transport shall grant, by way of order, the statutes setting out the organisation of the Office of Rail Transport and shall designate the premises of the field branches.

4. The detailed organization and division of tasks in the Railway Transport Office shall be determined by the President of UTK in the Organizational Regulations.

Article 13. [ Tasks Of The President Of UTK] 1. To the tasks of the President of UTK, in the scope of the regulation of railway transport, shall be:

1) approval and coordination of the fees for the use of allocated train paths of railway infrastructure in terms of compliance with the rules for setting these charges;

2) supervision of the provision of non-discriminatory access by railway undertakings to railway infrastructure, including carriers established in one of the Member States of the European Union;

3) supervision of the equality of treatment by the managers of all railway undertakings, in particular as regards the handling of requests for the provision of train paths and the charging of fees;

4) supervision of the correctness of the determination by the administrator of the basic charges for the use of railway infrastructure and additional fees for providing additional services;

5. Consideration of complaints by railway undertakings concerning:

(a) the rules of procedure referred to in Article 32,

(b) allocation of train paths and charges for the use of railway infrastructure;

6) gathering and analysing information concerning the rail transport market;

6a) opinions on transport plans for passenger transport in rail transport;

6b) the opinion of the projects of public service contracts;

6c) supervision of the conclusion of contracts for the provision of railway infrastructure;

7. co-operation with the competent authorities in the field of:

(a) counteracting the use of monopolistic practices by railway managers and railway undertakings,

(b) coordinating the operation of the rail transport market,

(c) respect for passengers ' rights

8) the imposition of fines on the principles set out in the Act;

9. issue of open access decisions;

10. Consideration of cases concerning occasional passenger services.

1a. To the tasks of the President of UTK, in the scope of supervision of entities whose activities affect the safety of rail traffic and the safety of the operation of railways, it is necessary to:

1. issue, renewal, modification and revocation of safety authorisations, safety certificates and safety certificates referred to in art. 18, and the conduct and updating of the records of these documents;

2. issuing, renewing, suspending, restoring and withdrawing the driver's licence, updating the data contained in the driver's licence, issuing the driver's licences, and carrying out and updating the register of the driver's licence;

3) the function of the certification body as defined in Art. 3 para. 2 lithium c of Commission Regulation (EU) No 445/2011 of 10 May 2011 on the system of certification of entities in charge of maintenance in the field of freight wagons and amending Regulation (EC) No 653/2007 (Dz. Urz. EU L 122, 11.05.2011, p. 22, of late. zm.), hereinafter referred to as "Regulation (EU) No 445/2011";

(3a) the granting, refusal, withdrawal, suspension and amendment of the scope of powers for the business unit to carry out the technical studies necessary to obtain the certificates of entry into service of the type, the attestation of conformity to the type, and the issue of certificates of conformity of type and certificates of conformity to the type, as well as the verification of compliance by the organizational units entitled to carry out these requirements of the requirements laid down in the art. 22g par. 2;

4) control of compliance with the conditions or requirements contained in safety authorizations, safety certificates, safety certificates and verification of compliance of the operation of the liquidators or railway undertakings with the provisions of the European Union and the law national in the field of rail transport safety;

5. supervision of the training and examination centres for train drivers and train drivers candidates, hereinafter referred to as "training and examination centres", and bodies authorized to carry out medical and psychological examinations, and to adjudicate in order to verification of the fulfilment of the health, physical and mental health requirements necessary for the obtaining of the driver's licence and the driver's certificate, as well as the retention of their validity;

(5a) lead and update:

(a) the register of training and examination centres,

(b) a list of the entities entitled to carry out medical and psychological examinations and to give a decision to verify the fulfilment of the health, physical and mental health requirements necessary to obtain the driver's licence and the driver's certificate, and also their validity;

6) control of the compliance by the managers, railway undertakings and the users of the railway siding obligations in the field of rail transport safety, and in particular:

(a) conditions for carrying out rail traffic and signalling, as specified in the provisions adopted on the basis of Article 17 para. 7,

(b) the technical conditions for the operation of railway vehicles as defined in the provisions adopted on the basis of Article 20, including the validity of technical fitness certificates referred to in Article 24, and documents which should be placed in a railway vehicle in motion, specified in the provisions issued on the basis of art. 25 par. 1,

(c) the conditions to be met by train drivers, as well as persons employed in positions directly linked to the operation and safety of the rail traffic and the driving of specific types of railway vehicles referred to in Article 3 (1) of Regulation (EC) No longer applicable. 22b par. 1 and Art. 22d par. 1;

7. supervising the safety behaviour of rail transport and the proper maintenance and operation of railway lines and railway siding;

7a) supervision of the proceedings carried out by the railway committee referred to in art. 28m ust. 1;

8) analysis of the safety reports referred to in art. 17a par. 4;

9) monitoring, promoting, implementing and developing security regulations, including the system of national security rules.

1b. The tasks of the President of UTK also include the initiation of draft legislative acts and their changes and participation in their preparation in the field of rail traffic safety and safety of railway operation.

2. To the tasks of the President of UTK in terms of the cohesion of the railway system, including supervision of technical solutions, which have an impact on the safety of rail traffic and the safety of the rail system, shall:

1) the granting of authorisations for placing in service of structural subsystems constituting the rail system;

2. the issue of authorisations for placing in service of railway vehicles complying with the technical specifications for interoperability, hereinafter referred to as "TSIs", and railway vehicles not complying with the TSIs;

(3) the issue, refusal to issue and revocation of certificates of entry into service of the type and the conduct and updating of the register of such certificates;

4) conducting cases relating to the handling of applications for granting, altering or withdrawing the letter identifier of a authorising officer (VKM) [ 3] ) and to provide information in this respect to the European Railway Agency;

5) control of the carriage by rail of dangerous goods;

6) conducting and updating the national register of railway vehicles;

7) broadcasting and alteration of European railway vehicle numbers (EVN [ 4] ), the deregation of railway vehicles and the alteration of the remaining register data in the national register of railway vehicles;

7a) operate and update the National Infrastructure Register (RINF);

8. carrying out cases relating to the handling of requests for derogations, the transmission of the documents necessary for the receipt of the derogations referred to in Article 8 (1) (a) to the European Commission 25f.

3. The obligation to obtain the certificates referred to in the paragraph. Article 2 (3) does not apply to technical devices subject to the provisions on technical supervision.

4. The President of UTK shall be entitled to control compliance with the provisions and implementation of decisions and provisions on the scope of the railway.

4a. The President of UTK is competent to deal with complaints in the cases referred to in art. 22b par. 4.

5. (repealed)

(6) In the event of a finding of a breach of the provisions, decisions or provisions in the field of order, the President of UTK shall issue a decision specifying the scope of the infringement and the

6a. As regards the regulation of railway transport, the President of UTK shall issue, at the request of or from the office of office, decisions which he or she may give as a whole or in part to a rigor of immediate enforceability, if the social interest or an exceptionally important interest of the party so requires.

7. The President of UTK shall present annually, by the end of July, the Minister responsible for transport assessment of the operation of the rail transport market and the state of the safety of rail traffic.

7a. President of UTK, in connection with the tasks set out in the paragraph. 1, 2, 4, 6 and 7 may require managers, railway undertakings and organisers of public transport by rail to provide all information for the purpose of regulation, control and monitoring of the rail transport market. The President of UTK may also request the information referred to in art. 5b. Information should be provided within the time limit indicated by the President of UTK, not less than 3 days.

7b. The President of UTK shall, within 30 days, notify the Agency of any issue, extension, modification or revocation of safety authorizations and safety certificates. The notification shall include the name and address of the railway operator or manager, the date of issue, the scope and validity of the safety authorisation or the safety certificate, and in the event of the withdrawal, also its reasons.

7c. If the President of UTK considers that the European specifications in force do not meet the essential requirements for the interoperability of the rail system, he shall inform the European Commission thereof.

7d. President of UTK as part of the supervision of entities entitled to carry out medical and psychological examinations and adjudication to verify the fulfilment of the health, physical and mental health requirements necessary to obtain the licence, and the driver's certificates, and the retention of their validity, shall be entitled:

1) entrance to the premises of the operator performing medical and psychological examinations;

2) the audit of medical and psychological documentation related to the research and adjudication performed;

3) requests for oral and written explanations.

7e. The activities referred to in paragraph 1. 7d, carries out the entity authorized by the President of UTK, meeting the requirements referred to in art. 22a (b) 6 and not included in the list referred to in Article 6. 22a (b) 1 point 3.

7f. of the inspection referred to in paragraph 1. 7d, a check shall be drawn up, which shall contain a description of the facts, a description of any irregularities and the findings of the audit, specifying the time limit for the removal of the irregularities found.

7g. President of UTK, in connection with the tasks set out in the paragraph. 1a and 2 may request technical assistance from the liquidators, railway undertakings, notified bodies, righteners referred to in the Article. 23b ust. 1a, and the organisational units performing the tasks referred to in art. 22g par. 1.

(8) The Minister responsible for transport shall determine, by means of a regulation, the mode of exercise of control by the President of UTK in the course of the supervision performed, taking into account the effectiveness of the checks and the proper use of the results.

Article 14. [ Proceedings before the President of UTK] 1. The President of UTK directs, by decision, the removal of irregularities within a specified period of time in the event of a breach of the provisions concerning the obligations of the liquidators, railway undertakings and the users of railway siding in the field of safety railway transport, in particular:

1) the rules for the conduct of the rail traffic and signalling referred to in art. 17 para. 7;

2) the technical conditions for the operation of the railway vehicles referred to in art. 20, including the validity of technical fitness certificates referred to in Article 24, and the documents which should be in a railway vehicle in the traffic referred to in Article 25;

3) the conditions that the drivers are required to meet, as well as persons employed in positions directly related to the operation and safety of the rail traffic and the driving of specific types of railway vehicles referred to in art. 22-22d.

4) (repealed)

2. President of UTK, by decision:

1) pauses the rail traffic or introduces its restrictions on the railway line or its section or on the railway sidelines in the event of a finding of the threat of rail traffic safety or the safety of the carriage of passengers and goods;

2) excludes from operation a railway vehicle or restricts its operation when it has not been put into service in accordance with the provisions of the Act or does not meet the requirements laid down in the provisions issued on the basis of art. 20 or Art. 24 ust. 5, and in the case of freight wagons-in the provisions of Regulation (EU) No 445/2011.

3. Decisions of the President of UTK, referred to in paragraph. 2. are subject to immediate enforceability.

4. The proceedings before the President of UTK shall apply, subject to the paragraph. 5 and 6, the provisions of the Code of Administrative Procedure.

5. From decisions given by the President of UTK to determining the substance of the matter in the cases referred to in art. 29 par. 1i and paragraph 5, art. 33 (1) 8 and Art. 66 (1) 1, 2, 2aa and 3, shall have recourse to the District Court in Warsaw-a competition and consumer protection court, within 14 days from the date of service of the decision.

6. To the provisions issued by the President of UTK in the cases referred to in art. 33 (1) 8 and Art. 66 (1) 1-3, for which the complaint is served, the rule of the mouth. 5 shall apply mutatis mutandis, except that the complaint shall be lodged within 7 days from the date of service of the order.

7. Proceedings against the appeal against the decision or complaint to the order of the President of UTK referred to in paragraph. 5 and 6, it is subject to the provisions of the Code of Civil Procedure on the proceedings in matters concerning the regulation of rail transport.

Art. 14a. [ Supervision of compliance with the provisions of Regulation (EC) No 1371 /2007/EC] 1. The President of UTK exercises supervision over compliance with the provisions of Regulation No 1371 /2007/EC.

2. The President of UTK shall perform the supervision referred to in the paragraph. 1, using in particular the powers referred to in art. 15.

3. The President of UTK shall monitor the fulfilment by the Railway Undertaking, the railway infrastructure manager, the owner of the railway station or the manager of the railway station obligations arising from the Art. 19 (1) 1 of Regulation No 1371 /2007/EC and by the ticket vendor or tourist operator of the obligations arising from the Article. 19 (1) 2 of Regulation (EC) No 1371 /2007/EC.

4. The President of UTK shall, by decision, order the removal of irregularities found during the exercise of the supervision referred to in the paragraph. 1, in respect of the respect of passengers ' rights laid down in Regulation (EC) No 1371 /2007/EC.

5. The President of UTK examines complaints about the infringement of the provisions of Regulation No 1371 /2007/EC. The following documents should be attached to the complaint:

1) a copy of the complaint addressed to the railway carrier, the railway infrastructure manager, the owner of the station or the manager of the railway station;

2) the response to the complaint of the entity referred to in point 1, if it was granted;

3) a ticket for a given route or confirmation of the reservation;

4) other relevant documents confirming the violation of the passenger's right in the rail traffic.

6. In the case of filing the complaint referred to in paragraph. 5, the President of UTK states by decision:

1) the absence of a breach of the law by the railway operator, the railway infrastructure manager, the owner of the station or the managing of the station, or

2) a breach of the law by the railway carrier, the railway infrastructure manager, the owner of the station or the managing of the station, specifying the extent of the irregularity and the deadline for their removal

Article 14b. [ Prohibition of unlawful practices infringing collective interests of passengers in rail transport] 1. The use of unlawful practices infringing collective interests of passengers in railway transport shall be prohibited, in particular infringing the provisions of the Act of 15 November 1984. -Transport law (Dz. U. of 2015 items 915) as regards the requirement to make public a timetable for the carriage of passengers, fares and price lists, the performance of a contract of carriage taking into account the obligation to provide travellers with adequate safety and hygiene conditions and the use of means transport suitable for the transport in question.

2. In the event of a breach of the prohibition referred to in paragraph. 1, the President of UTK shall issue the decision referred to in art. 13 (1) 6.

3. Paragraph Recipe 1 shall be without prejudice to Regulation No 1371 /2007/EC.

Article 15. [ Some powers of the President of UTK and persons written by him authorized] 1. President of UTK and in writing authorized by him persons:

1) have the right of access to the railway area and on the railway sits and to the premises connected with the operation and safety of the railway traffic and to the railway vehicles with the right of passage in trains and railway vehicles;

2. they may request written and oral explanations, the presentation of documents, the provision of information and the making available of any data relating to the subject of control;

3. they shall have the right, in the context of checks on products made available on the market or placed on the market, to carry out checks in accordance with

a) Chapter 7 of the Act of 13 April 2016. concerning the systems of conformity assessment and market surveillance-in the case of the checks referred to in Article 10 para. 3a,

(b) Chapter 6 of the Law of 30 August 2002. on the conformity assessment system, in the case of the checks referred to in Article 10 para. 5.

2. The provisions of Chapter 5 of the Act of 2 July 2004 shall apply to the control of economic activities of the trader. about the freedom of economic activity (Dz. U. of 2015 items 584, as late. zm.).

Article 16. [ Payment of acts performed by the President of UTK] 1. The actions performed by the President of UTK referred to in art. 13 (1) 1a points 1 to 3, point 5 and paragraph 1. 2 paragraphs 1 to 3, points 7 and 8 shall be payable. The fee shall be subject to the performance of the tasks referred to in Article 4. 13 (1) Article 1 (1a) (a) (a) (a) (a) (a) (a)

2. The amount of the fees referred to in paragraph. 1, from the title:

1. issue, renewal or alteration:

(a) the safety authorisation, the safety certificate, the safety certificate, the certificate of the entity responsible for maintenance of the railway vehicle (ECM) in the field of freight wagons-shall not be higher than the equivalent of EUR 5500, determined by applying the average rate announced by the National Bank of Poland in force at the date of the issuance of these documents,

(b) the certificate of entry into service of:

-buildings-may not be higher than the equivalent in EUR 7000, determined on the basis of the rules referred to in point a,

-equipment-may not be higher than the equivalent of EUR 7000, determined in accordance with the rules referred to in point a,

-a railway vehicle may not be higher than the equivalent of EUR 30 000, determined on the basis of the rules referred to in point a;

2. the issue, the extension of validity, the updating of the data contained in the driver's licence and the issue of sub-licences, shall not be higher than the equivalent of EUR 150 million, determined in accordance with the rules laid down in point 1 (a);

3. supervision of:

(a) training and examination centres,

(b) bodies authorized to carry out medical and psychological examinations and to check the fulfilment of the health, physical and mental health requirements necessary to obtain the driver's licence and the driver's certificate, as well as preserving their validity

-may not be higher than the equivalent of EUR 2000 per annum, determined using the average rate announced by the National Bank of Poland in force at the date of the audit document;

4. the issue of an authorisation for placing in service:

(a) structural subsystems,

(b) TSI conform rail vehicles and non-TSI conform rail vehicles

-may not be higher than the equivalent of EUR 3000 per euro, determined in accordance with the rules laid down in point 1 (a);

5. the transmission and alteration of the European number to the railway vehicle (EVN)-shall not be higher than the equivalent of EUR 50 per vehicle, determined in accordance with the rules laid down in point 1 (a);

6. the unregistration of a railway vehicle-shall not be higher than the equivalent of EUR 25 per vehicle, determined in accordance with the rules referred to in point 1 (a);

7) the control referred to in Article 13 (1) 1a point 6-may not be higher than the equivalent in the PLN 5000, determined using the average rate announced by the National Bank of Poland in force on the date of drawing up the post-control document.

3. The fees referred to in paragraph. 1, constitute the revenue of the State budget.

4. The Minister responsible for transport, in agreement with the Minister responsible for public finance, shall determine, by means of a regulation, the activities for which the fees referred to in the paragraph are charged. 1, the amount of these fees, taking into account the mouth. 2, with a view to the labour-intensive work of these activities, and the mode of their retrieval.

Chapter 4

Rail transport safety

Article 17. [ Entities required to ensure rail transport safety] 1. The managers, railway undertakings, users of railway siders and operators managing the infrastructure and carrying out the services in the subway shall meet the technical and organisational conditions ensuring:

1) safe operation of railway traffic;

(2) the safe operation of railway vehicles;

3) fire protection and environmental protection.

1a. Producers, maintenance agents, suppliers of materials and parts are required to ensure that railway vehicles, assemblies, components and components comply with the technical conditions and can be safely operated by carriers Railway undertakings and liquidators

1b. The managers, railway undertakings, users of railway siding and the operator of the infrastructure and performing the services in the subway are required to the extent specified in the Act for the development of internal rules in order to meet the conditions referred to in paragraph 1. 1.

2. (repealed)

3. (repealed)

4. (repealed)

5. (repealed)

6. (repealed)

7. The Minister responsible for transport will determine, by way of regulation, the general conditions for the operation of rail traffic and signalling, taking into account the obligation of managers, railway undertakings and users of railway siding the specific internal rules in this respect.

Art. 17a. [ Entities required to create safety management systems] 1. The authorities and railway undertakings shall establish safety management systems to ensure that a railway system capable of meeting common safety requirements (CST) complies with the requirements of national safety regulations and requirements. concerning the safety requirements laid down in the TSI, when applying the common methods of safety assessment (CSM).

2. The management and railway undertakings shall establish safety management systems in order to ensure that the systems are:

1) meet certain requirements adapted to the nature, size and other conditions of the business;

2) provide supervision of the risks associated with the introduction by the managers and railway operators of new technical and technological solutions, including the risk of subcontractors, suppliers of materials and services associated with maintenance;

3) take into account the social risks and the risk of the activities of third parties.

3. The Management Board creates a safety management system to take into account the effects of the operation of railway undertakings and to create the conditions for the performance of the tasks to all railway undertakings in accordance with the technical specifications interoperability, national safety regulations and conditions as specified in their safety certificates. This system should ensure the coordination of the operation of the stewards and railway undertakings in emergency situations on a given rail network.

4. The Management Board and Railway Undertakings shall submit annually, by the end of the second quarter, the President of UTK Security Reports for the previous calendar year.

5. The reports on security referred to in paragraph. 4, should contain:

1. information on the fulfilment of internal safety requirements and the implementation of safety plans;

2) presentation of common safety indicators (CSI);

3) perceived irregularities and conclusions related to the operation of the railways;

4) results of internal security audits.

6. The President of UTK shall draw up an annual safety report containing:

1. information on:

(a) the state of railway safety having regard to the implementation of common safety indicators (CSI),

(b) important changes to the legislation and regulations relating to railway safety,

(c) issued safety certificates and security authorizations,

d) certificates for entities in charge of maintenance of the railway vehicle (ECM) in the scope of freight wagons, issued on the basis of art. 23j ust. 8;

2) applications resulting from the supervision of managers and railway undertakings.

7. The annual report referred to in paragraph 1. 6, the President of UTK announces, by means of a notice, in the official gazette of the minister responsible for transport, and shall communicate to the Agency by 30 September of the following year after the reporting period.

(8) The Minister responsible for transport shall notify the European Commission of any change of national security regulations, unless the reasons for the amendment are related to the implementation of the TSIs.

9. If, after the adoption of common security requirements (CST), it is intended to introduce new national safety provisions requiring a higher level of safety or which may affect the activities of railway undertakings from other countries Member States of the European Union, the Minister responsible for transport shall consult all the interested parties and submit to the Commission the draft of those provisions together with a justification for the reasons for their implementation.

(10) The Minister responsible for transport shall suspend for a period of six months the entry into force of the provisions referred to in paragraph 1. 9, where the European Commission exprests doubts as to compliance with the common safety assessment methods (CSM) or the fulfilment of at least the common safety requirements (CST), or considers that the project creates discrimination or introduces the hidden restrictions on rail transport between the Member States of the European Union.

11. The Minister responsible for transport will determine, by way of regulation, common safety indicators (CSI), which the President of the Railway Transport Authority will include in the annual safety report, on the basis of the indicators received from the Railway operators and railway undertakings, as well as their calculation and compilation, shall be guided by the need to increase the level of safety of the railways.

Article 17b. [ Entities implementing the risk management process] The Railway Undertaking, the Infrastructure Manager, the entity in charge of the maintenance of the railway vehicle (ECM), the manufacturer or his authorised representative, the authorising officer, the importer, the contractor of the modernisation, the investor and the contracting entity shall implement the process. risk management within the scope and under the rules laid down in Commission Regulation (EU) No 402/2013 of 30 April 2013. on a common safety assessment method in the field of risk evaluation and assessment and repealing Regulation (EC) No 352/2009 (Dz. Urz. EU L 121 of 03.05.2013, str. 8).

Art. 17c. [ Activities of assessment bodies] Assessment bodies referred to in Article 3 point 14 of Commission Implementing Regulation (EU) No 402/2013 of 30 April 2013. on a common safety assessment method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009, perform the activities specified in the provisions of that Regulation on the basis of an accreditation certificate issued in accordance with the Act of 13 April 2016 concerning the systems of conformity assessment and market surveillance.

Article 18. [ Authorization, certificate and certificate] 1. The document entitling the following:

1) the manager for the management of the railway infrastructure is the security authorization;

2. Railway carrier to:

(a) obtaining access to railway infrastructure,

(b) the provision of traction services

-is a safety certificate;

(3) a manager for the management of the railway infrastructure referred to in paragraph 1. 2, the rail carrier for the carriage of services referred to in paragraph 2. 3, the users of the railway siding for the operation of these siding, as well as an entrepreneur for the management of the infrastructure and the operation of the service in the subway is a safety certificate;

4. the driver for driving a train or a train vehicle shall be: the driver's licence and the driver's certificate.

2. From the obligation to obtain security authorizations, the following shall be exempt:

1. liquidators:

a) whose railway lines are functionally separated from the rest of the rail system and are:

-intended for the operation of passenger agglomeration and voivodship passenger services within the meaning of the provisions of the Act of 16 December 2010. o public collective transport or

-entered in the register of monuments or for the inventory of the museum,

(b) whose tourist lines are exploited for the purpose of carrying out recreational and occasional services, including narrow-gauge railways,

(c) whose narrow-gauge lines are operated for the carriage of goods;

2) the manager of the railway infrastructure, which is exclusively used by the owners to carry out their own freight services (the manager of the private railway infrastructure).

(3) On the basis of the obligation to obtain a safety certificate, railway undertakings shall be exempted from carrying out the transport operations only after the railway lines referred to in paragraph 1. 2.

4. (repealed)

5. From the obligation to obtain the driver's licence and the driver's certificate, the operator of trains or railway vehicles on the railway lines referred to in paragraph shall be exempt from the obligation to obtain a driver's licence. 2 point 1, railway vehicles exclusively within the railway siders, as well as special railway vehicles, which are not intended for self-driving after the active railroad tracks.

Art. 18a. [ Security Authorization] 1. The President of UTK issues the security authorization to the administrator established on the territory of the Republic of Poland.

2. Security authorization includes:

1) a document confirming acceptance of the security management system referred to in art. 17a;

2) a document confirming the acceptance of internal regulations in order to meet the management of specified requirements necessary for the safe design, operation and maintenance of railway infrastructure, including the railway traffic surveillance system and signaling.

3. Security authorization shall be issued for a period of 5 years and extended every 5 years at the request of the administrator.

4. In the event of significant changes to the railway infrastructure, signalling, energy supply or operating rules and maintenance of the railway infrastructure, the holder of the safety authorisation shall immediately inform the President of UTK.

5. In the cases referred to in paragraph. 4, the security authorization should be updated in whole or in part.

6. The President of UTK may:

1) require the manager to request a change of safety authorization-after the change of safety regulations;

2) withdraw the security authorization, stating the reasons for this decision, in the event that it considers that the authorized administrator does not meet the security conditions.

Art. 18b. [ Security Certificate] 1. The President of UTK shall issue a safety certificate to the Railway Undertaking, which for the first time has started or registered its activity in the territory of the Republic of Poland. The safety certificate shall specify the type and scope of the railway activities and shall consist of:

1) the part accepting the safety management system referred to in art. 17a;

2) a network part accepting the regulations adopted by the railway carrier in order to meet the requirements necessary for the safe execution of rail services on a given rail network; these requirements concern the application of TSI and national regulations safety including the provisions on the operation of the railway network, the recognition of railway personnel certificates and the certification of the type of vehicle type of the vehicle or of the authorisation of placing in service of the vehicle by rail for risk control and safe execution rail services on a given rail network.

2. The certificate of security in the part accepting the security management system, issued in another member state of the European Union shall be valid on the territory of the Republic of Poland for the same type and scope of railway activity.

3. In the case of a railway carrier from another Member State of the European Union, which holds the certificate referred to in paragraph. 2, the President of UTK issues a security certificate only in the network part.

4. The security certificate shall be issued for a period of 5 years and extended every 5 years at the request of the railway carrier.

5. If changes are made to the type and scope of the activity, the new category of staff or the new type of railway vehicles, the Railway Undertaking shall notify the President of UTK without delay. Significant changes to the nature and scope of the activities shall be subject to a change in the safety certificate in whole or in part.

6. The President of UTK may change the appropriate part of the safety certificate after each change of safety regulations.

7. On the decision to revoke additional national security certificates, the President of UTK shall notify the security authority of another State which issued the safety certificate referred to in the paragraph. 1 point 1.

(8) The President of UTK shall withdraw the safety certificate in part or in full if the Railway Undertaking:

1) no longer fulfils the conditions for issuing a safety certificate, stating the reasons for that decision;

2) has not undertaken the activity within 12 months of obtaining a safety certificate.

Art. 18c. [ Deadline for the decision on applications for authorization and safety certificates] The President of UTK decides on applications for security authorizations and safety certificates, in the part concerning safety management systems, within 3 months from the date of submission of applications.

Art. 18d. [ Providing opportunities for participation in trainings subject to obtaining a safety certificate] 1. Workers of railway undertakings applying for a safety certificate shall be provided with the possibility to participate in training for train drivers and train teams and free and non-discriminatory access to the training facilities, if Such training is a condition for obtaining a safety certificate.

2. Training should include knowledge of train paths and procedures, the signalling and signalling system and the way in which emergency procedures are to be followed.

3. The managers of the managers who perform the relevant safety tasks shall be provided with the opportunity to participate in training and non-discriminatory access to the training facilities.

4. Training referred to in paragraph 1. 1-3, they organise railway transport operators and managers who are responsible for the level of training and qualifications of the personnel performing safety related work.

5. If the Railway Undertaking or the Manager does not have the conditions for organising the training referred to in paragraph. 1-3, or conducting exams, shall direct the employee to another railway carrier or manager. The fee for training or examination shall be the income of the subjects conducting the training or the examination.

6. The training fee and the examination fee should take into account only reasonable costs and a small gain, not exceeding 10% of these costs. This fee shall be fixed on a non-discriminatory basis.

7. The Railway Undertaking or the manager organising the training or examination shall issue a document confirming the training or the submission of the examination to the interested document.

8. The supervision of training and the examination of compliance with the requirements for security shall be exercised by the President of UTK.

9. Railway carriers and managers, employing new train drivers and train teams and other personnel performing safety-related work, take into account the training, qualifications and experience of the candidates to work gained prior to another Railway Undertaking or Manager.

10. The worker of the railway carrier or manager shall have the right to obtain a copy of the documents confirming his training, qualifications and experience.

Art. 18e. [ Delegation] The Minister responsible for transport will determine, by Regulation, the basic requirements and elements of the safety management system and the documents required to obtain a network part of a safety certificate, with a view to the management of the safety at the different levels of the organisational structure of the Railway Undertaking or Railway Undertaking and to ensure that this system is continuously improved.

Art. 18f. [ Delegation] The Minister responsible for transport, with a view to facilitating access to the operation of rail services, shall determine by way of regulation:

1) detailed requirements on how to obtain a safety certificate, together with a list of required documents;

2) the way of accessing the railway network requested by the railway carriers in the network part of the safety certificate.

Article 19. [ Conditions of issue of a safety certificate] 1. The President of UTK shall issue a safety certificate to the administrator, if he presents:

1) a list of the operated types of railway vehicles, types of structures and types of equipment;

2) a statement of the possession of the certificates of technical efficiency of the railway vehicles being operated;

3) a list of internal rules, specifying the rules and requirements for the safe conduct of rail traffic and the maintenance of railway infrastructure;

4) a statement confirming that in positions directly related to the operation and safety of the railway traffic and the driving of specific types of railway vehicles employs employees meeting the conditions set out in the Act and issued on the basis of the provisions.

5) (repealed)

2. The President of UTK shall issue a safety certificate to the railway operator, if he presents:

1) a list of the types of railway vehicles operated;

2) a statement of the possession of the certificates of technical efficiency of the railway vehicles being operated;

3) the statement referred to in the paragraph. 1 point 4;

4) a list of internal rules specifying the technical conditions and the rules and requirements related to the maintenance and operation of railway vehicles.

5) (repealed)

3. The President of UTK shall issue a safety certificate to the user of the railway siders, if he/she presents:

1. the list referred to in paragraph 1. 1 point 1;

2) a list of internal rules, specifying the conditions for the operation of railway traffic and the maintenance of infrastructure on the railway siding, and the rules and organisational requirements related to the maintenance and operation of railway vehicles, or the statement of the the application of the internal control of the liquidator with which the siding is connected or the railway operator serving the siding side;

3) (repealed)

4) a statement of the possession of the certificates of technical efficiency of the railway vehicles being operated;

5) the statement referred to in the paragraph. 1 point 4;

6) the rules of operation of the railway siding agreed by the railway infrastructure manager with which the railway siding is connected.

3a. The President of UTK shall issue a certificate of security entitling an entrepreneur to the infrastructure management and operation in the subway if he/she presents:

1. the list referred to in paragraph 1. 1 point 1;

2. a list of internal rules specifying:

(a) detailed conditions for the operation of railway traffic and the maintenance and operation of the infrastructure, as well as railway vehicles,

(b) the conditions to be met by workers engaged in activities directly linked to the operation and safety of rail traffic and the driving of railway vehicles.

4. The Minister responsible for transport shall determine, by regulation, the conditions, the mode of issuing, the extension, the modification and revocation of safety authorisations, safety certificates and safety certificates, with a view to ensuring that the railway transport safety.

Article 20. [ Delegation] The Minister responsible for transport shall determine, by Regulation, the general technical conditions for the operation of railway vehicles so that:

(1) the safety conditions for rail traffic were met;

2) they could be moved in the warehouses of the same trains;

3) their movement after the railway lines was technically possible.

Art. 20a. [ Delegation] The Minister for Transport Affairs, at the request of the President of UTK, will determine, by means of the regulation, the technical procedures for the maintenance and operation of rail transport governing:

1) the conduct of persons carrying out activities on individual positions connected with the safety of rail traffic,

2) how to handle specific devices, railway vehicles or their components,

3) how to carry out the specific activities necessary to ensure the operation of the rail services

-having regard to the need to ensure uniform conditions for the performance of the operations on the railway network of the Republic of Poland by railway undertakings and managers and the safety considerations of rail transport.

Article 21. [ Granting authorisation for a derogation from the technical conditions for the operation of railway vehicles] The Minister responsible for transport may, by decision, at the request of the Railway Undertaking, the administrator or the operator of the railway siding, in duly justified cases, grant a derogation from the technical conditions for the operation of the vehicles railway and signalling traffic and signalling, after obtaining the opinion of the President of UTK.

Article 22. [ Driver's licence] 1. The President of UTK shall be the competent authority for issuing, renewing, suspending, restoring and revoking the licence of the driver and updating the data contained in the driver's licence and issuing its second-class secondary.

2. The driver's licence may obtain a person who:

1) she was not punished for the intentional crime;

2) completed 20 years;

3) has at least a major vocational education;

4) meets the health, physical and mental health requirements specified in the provisions issued on the basis of art. 22a (b) 11 point 2;

5) held the training and passed the driver's examination.

2a. From the obligation to provide the training referred to in paragraph. 2 point 5, candidates for train drivers who are entitled to obtain a licence shall be exempt from the following:

1) hold a diploma or other document confirming professional qualifications in professions, in which the education programmes contain issues in the scope of construction of railway vehicles, railway traffic and railway signalling, or

2) have completed higher education courses in the fields of study programmes in the field of construction of railway vehicles, rail traffic and railway signalling.

2b. The impunity referred to in paragraph 2 Article 2 (1) should be confirmed by a candidate for a driver's licence to obtain a driver's licence for a declaration of non-morality. The applicant shall be obliged to enter in it the clause of the following text: "I am aware of the criminal responsibility for making a false statement." This clause replaces instructing the body of criminal responsibility for making false statements.

2c. The driver's licence holder shall undergo a medical and psychological examination and shall obtain a medical certificate attesting to the fulfilment of the health, physical and mental health requirements laid down in the legislation adopted on the basis of art. 22a (b) 11 point 2. In the event of failure to obtain a medical certificate, the driver's licence shall cease to be valid.

2d. The studies referred to in paragraph 1. 2c, shall be carried out as follows:

1) 24 months-to complete 55. year of life,

2) 12 months-after completing 55. year of life

-unless the medical certificate indicates a shorter period.

The holder of a current medical certificate attesting to the fulfilment of the health, physical and mental health requirements necessary for obtaining or maintaining the validity of the driver's certificate shall be exempt from the obligation referred to in paragraph 1. 2c.

3. (repealed)

4. (repealed)

(5) The driver's licence shall be issued, by decision, for a period of 10 years, in accordance with the model set out in Annex I to Commission Regulation (EU) No 36/2010 of 3 December 2009. on Community models for train driving licences, complementary certificates, certified copies of complementary certificates and applications for train driving licences in accordance with Directive 2007 /59/EC of the European Parliament and of the Council (Dz. Urz. EU L 13 of 19.01.2010, p. 1., hereinafter referred to as "Regulation (EU) No 36/2010". After the expiry of that period, the President of UTK, at the request of the driver's licence holder, shall, by decision, extend its validity by issuing a new document for a further 10 years from the date of expiry of the period of validity of the existing train driver's licence, after prior checking the validity of a medical certificate confirming the fulfilment of the health, physical and mental health requirements necessary to obtain either the validity of the driver's licence or the driver's certificate.

6. The President of UTK shall, by decision, suspend the driver's licence to a person who has ceased to comply temporarily with the conditions set out in the paragraph. 2 point 4.

6a. The President of UTK shall, by decision, reinstal the driver's licence, which shall be suspended if the holder has obtained the medical certificate referred to in the paragraph. 5.

7. The President of UTK shall, by decision, revoke the licence of the driver to the person who no longer fulfils the condition laid down in the paragraph. In accordance with Article 2 (1), or in accordance with the conditions laid down in paragraph 2 2 point 4.

8. The decisions referred to in paragraph 1. 6-7 and 12, the President of UTK gives the rigor immediately enforceability.

8a. A driver's licence holder is obliged to inform the President of UTK about the loss of this document, its destruction to a degree causing imreadability, and to the change of the factual situation requiring the updating of the data contained therein, within 30 days from the day that this event is present.

9. In the cases referred to in paragraph. 8a, the President of UTK, on the basis of the application, issues for the remainder of the period of validity of the existing train driver's licence holder's licence, and in the case of updating the data contained in this document-a new driver's licence.

9a. The driver's licence holder, who after the issuance of the driver's license Rector, has recovered the lost document, is obliged to return this document to the President of UTK.

10. The President of the UTK shall immediately notify the Railway Undertaking or the Railway Undertaking where the driver is employed or to whom the driver is employed or to whom the driver is employed shall be suspended, revoked or withdrawn by the driver's licence or updated by the President of the General Board. provides services.

11. If a driver's licence has been issued by a body of another Member State of the European Union, the President of UTK shall, where it is found that the driver does not meet the conditions set out in the paragraph. 2, requests the authority to carry out checks or to suspend the licence of the driver. It shall inform the European Commission thereof.

12. The President of UTK, by means of a decision, may issue a ban on driving a train or a railway vehicle on the territory of the Republic of Poland by the driver referred to in the paragraph. 11, during the period of examination of the application, where this is justified on grounds of safety of the rail traffic.

13. In the case of a request from an authority from another Member State of the European Union to carry out an inspection or to suspend a driver's license, the President of UTK shall consider the application within 4 weeks from the date of receipt. The President of UTK shall notify the competent authority of that State and the European Commission of the way in which he is handled.

14. Licences of train drivers issued in other member states of the European Union are valid in the area of the Republic of Poland.

15. On sections of railway lines, including border crossings with neighbouring countries of the Republic of Poland, which do not belong to the European Union, trains or railway vehicles shall be carried out in accordance with international agreements or agreements bilateral.

Article 22a. [ Actions of the President of UTK in the field of conducting lists] 1. The President of UTK shall lead:

1) the register of train drivers ' licences;

2) a register of training and examination centres;

3) a list of the entities entitled to carry out medical and psychological examinations and adjudication, in order to verify the fulfilment of the health, physical and mental health requirements, necessary for obtaining the licence and the driver's certificate, and preserving their validity.

1a. The President of UTK shall make available the data collected in the register referred to in paragraph. 1 point 1, at the request of:

1) The State Commission for the Study of Railway Accidents in accordance with art. 28h ust. 2 (4) and the railway commission referred to in Article 2 (4) of the Directive. 28m;

(2) the Agency, in order to assess the process of awarding powers to train drivers in the European Union;

3) the railway carrier, the manager or any other entity from which the driver is employed or for which he provides services-in order to check the status of the driver's licence;

4. the competent authority of another Member State of the European Union, in so far as it concerns train drivers carrying out trains on the railway infrastructure of that State, with the aim of:

(a) control of trains running in the area of its properties,

(b) the conduct of proceedings relating to compliance with the provisions of the European Union relating to the certification of train drivers,

(c) the conduct of a case of serious accident, accident or incident;

(5) another entity, if the obligation to make available the data is due to separate provisions.

2. The register referred to in paragraph 2. 1 point 2, and the list referred to in paragraph 1. 1 point 3, shall be disclosed and made available in the Public Information Bulletin on the subjective website of the President of UTK.

3. For the acts of the President of UTK in terms of the entry in the register referred to in paragraph. Article 1 (2), and the entry into the list referred to in paragraph 1 (2). 1 point 3, a fee equal to the equivalent in PLN 200, determined using the average rate, published by the National Bank of Poland, in force on the day of the entry, is charged. The fees are revenue of the State budget.

4. Conduct of the training and examination centre is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity.

4a. An entrepreneur carrying out the activities referred to in paragraph 1. 4, shall be subject to the entry in the register referred to in paragraph 1. 1 point 2.

4b. The obligation referred to in paragraph 1. 4a, also applies to the entrepreneur from another Member State of the European Union leading to the territory of the Republic of Poland the activity referred to in the paragraph. 4, recognised by the competent authority of another Member State of the European Union in accordance with the provisions of the European Commission for the recognition of training centres providing vocational training for train drivers.

4c. The scope of activities performed by the training and examination centre includes:

1) training and examination of candidates for drivers applying for obtaining a driver's licence in the scope of general professional knowledge,

2) training and examination of candidates for train drivers applying for obtaining driver certificates in the field of knowledge and skills concerning:

(a) railway infrastructure,

(b) railway vehicle,

3) carrying out training and checking of knowledge and skills of train drivers, or

4) training and examination of train drivers from other member states of the European Union in the scope of general language competence, rules of rail traffic and signalling on the railway network of the Republic of Poland.

5. The activities referred to in paragraph 1. 4, may lead an entrepreneur:

1) (repealed)

2) in respect of which liquidation has not been opened or failed to be declared bankrupt;

3) who has not been legally convicted of a criminal offence committed in order to achieve property benefits or a crime against documents-concerns the natural person or members of the bodies of a legal person;

4) which has premises conditions and didactic equipment to provide training and examinations;

5) which conducts training on the basis of training programmes, referred to respectively in the provisions issued on the basis of the lips. 11 points 6 and art. 22b par. 21 point 2;

(5a) ensuring the conduct of:

(a) trainings by instructors who:

-meet the requirements of the instructors specified in the provisions adopted on the basis of the paragraph. 11 point 10,

-shall be entered in the list referred to in paragraph 1. 8 point 1,

(b) exams by examiners who:

-meet the requirements laid down in the provisions adopted on the basis of the paragraph. 11 point 10,

-shall be entered in the list referred to in paragraph 1. 8 point 1,

-have submitted a written declaration of conduct of the exams in an impartial and non-discriminatory manner;

5b) which shall notify the President of UTK, no later than 14 days before the intended examination, of the time and place of its conduct;

6) which meets the detailed requirements laid down in the provisions issued on the basis of the paragraph. 11 point 9;

7) which has a set of existing rules within the scope of the training programme and examinations;

8) which does not forego in regulating tax obligations, fees and social security contributions.

6. Medical and psychological examinations in order to verify the fulfilment of the health, physical and mental health requirements necessary to obtain the driver's licence and the driver's certificate, as well as the conduct of their validity, may lead the entities authorized to perform research in the service of occupational medicine, dealing with the tasks of railway medicine.

7. Entry to the register referred to in paragraph. 1 point 2, as well as on the list referred to in paragraph 1. 1 point 3, shall be made at the written request of the entity concerned with the following information:

1) the company of the entity;

2) the designation of the seat and address or the place of residence and address of the entity;

3) the number of the entity in the relevant register;

4) the tax identification number (NIP), if the entity has such a number;

5) the scope of the activities referred to in paragraph. 4c-in the case of an entry in the register referred to in paragraph. 1 point 2.

8. An entrepreneur applying for an entry in the register referred to in the paragraph. Article 1 (2), together with the application, shall submit:

1. a list containing the names of the instructors and examiners, together with photocopies of documents confirming their qualifications and education;

2) the declarations referred to in the paragraph. 5 point 5a (a) b third indent;

3) a written statement of the following content:

" I declare that:

1) the data contained in the application for entry in the register of training and examination centres are complete and truthful;

2) I fulfil the conditions for the performance of business activities in the field of conducting the training and examination centre of train drivers and candidates for train drivers, as defined in the Act of 28 March 2003. o by rail transport. '.

8a. Entrepreneur referred to in paragraph 4b, shall be exempted from the obligation to submit documents confirming the fulfilment by the instructors and examiners of the requirements laid down in the provisions issued on the basis of the paragraph. 11 point 10, if their fulfilment has been previously checked by the competent authority of another European Union Member State, and they do not refer to the conduct of trainings and exams exclusively on the railway network of the Republic of Poland.

9. The statement referred to in the paragraph. Paragraph 8, paragraph 3, should also specify:

1) the company of the entrepreneur, its registered office and address and address of residence;

2) the designation of the place and the date of the declaration;

3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.

9a. Where the operator of the training and examination centre submits an application for:

(1) to be included in the list referred to in paragraph 1. In accordance with the provisions of paragraph 1, the instructors or examiners in the course of training or examinations at the training and examination centre shall be provided in accordance with paragraph 8. Points (1) and (2) shall apply mutatis mutandis;

2) extending the scope of the activities carried out-the provisions of paragraph Paragraph 8 (3) shall apply mutatis mutandis.

9b. The President of UTK shall either approve or refuse, by means of a decision, to approve the amendments referred to in paragraph 1. 9a.

9c. The President of UTK refuses to approve the changes referred to in paragraph. 9a, if:

1. the operator of the training and examination centre did not submit with the application a declaration of compliance with the requirements laid down in the provisions issued on the basis of the paragraph. Article 11 (9), which is necessary for the performance of the activities covered by this proposal, concerns an application to extend the scope of the activities to be carried out;

(2) the person to whom the application for entry is requested in the list referred to in paragraph 1. Article 8 (1) does not fulfil any of the requirements laid down in the provisions adopted pursuant to paragraph 1. 11 point 10.

10. The President of UTK shall draw, by means of a decision, a centre of training and examination from the register referred to in paragraph. 1 point 2, in the case of:

1. as specified in Article 71 of the Act of 2 July 2004. the freedom of economic activity;

2) the issuance of a final decision prohibiting an entrepreneur from carrying out that activity;

(3) where liquidation or bankruptcy proceedings involving the liquidation of the bankrupt property have been completed with the trader.

10a. The breach of the conditions for the exercise of the training and examination centre is:

1) conducting trainings in a manner inconsistent with the training programmes;

2) issue not in accordance with the state of the factual documents confirming the completion of the training and passing the examination;

3) the persistent breach of the obligation to notify the President of UTK of the intention to carry out examinations;

4. carrying out training or examinations by persons not included in the list referred to in paragraph 1. 8 point 1;

5) the final conviction of an entrepreneur for the offence referred to in the mouth. 5 point 3-refers to the natural person or members of the bodies of the legal person.

10b. President of UTK plotted, by decision, from the list referred to in paragraph. 1 point 3, an entity that no longer meets the requirements referred to in paragraph 1. 6, or the specific requirements laid down in the provisions issued on the basis of the paragraph. 13.

11. The Minister responsible for transport shall determine, by means of a regulation:

1) the detailed conditions and mode of issuing, prolonging, suspending, restoring and revoking the driver's license, updating the data contained in the driver's license, and issuing its sub-systems;

(2) the health, physical and mental health requirements to be met by applicants for a driver's licence or for the retention of their validity;

3) the scope of medical and psychological examinations and the way of assessing the physical and mental capacity of the persons applying for a driver's licence either for the retention of its validity and the mode of adjudication of that capacity;

4) models of documents confirming the physical and mental capacity of the persons applying for a driver's licence or for the preservation of its validity;

5) the scope of the knowledge and skills covered by the training and examination necessary to obtain the driver's licence;

6) the programme and the duration of the training of candidates for drivers applying for the driver's licence;

7) the manner, form and mode of preparation and conduct of exams for the candidates for drivers applying for the driver's licence, as well as the mode of work of the examination committee;

8. the manner in which the identification number of the training and examination centre shall be entered in the register referred to in paragraph 1. 1 point 2, the scope of the data entered in the register, and the way in which the fees are paid for entry in that register;

9) the detailed requirements in relation to the entrepreneurs applying for entry in the register of training and examination centres;

10) qualification requirements for instructors and examiners performing activities at the training and examination centre, as well as the types of documents confirming their qualifications and education;

11. the conditions, the means of keeping the register of train drivers ' licences, the scope of the data contained therein and the period of their storage, the model of that register, and the mode of transmission of the data included in the register to the entities referred to in paragraph 1. 1a;

(12) Model:

(a) the application for a driver's licence, the extension of the validity, the issue of the second edition, the reinstatement of this document and the updating of the data contained therein

(b) a document confirming the completion of the training and passing of the examination in order to obtain the driver's licence,

(c) the declaration referred to in paragraph 1. 5 point 5a (a) b third indent.

12. The minister responsible for transport shall issue the regulation referred to in paragraph 1. 11, whereas:

1) the need to ensure the efficiency of the procedures for obtaining a driver's licence;

2. the need to take into account the specificity of the driver's job in determining the health requirements to be met by applicants for a driver's licence or for the maintenance of the validity of the driver's licence;

3) the need to carry out the tests necessary for proper assessment of the physical and mental capacity to drive the railway vehicles;

4. ensure the efficiency of the procedure for issuing documents confirming the physical and mental capacity of the persons applying for a driver's licence or for the maintenance of the validity of the licence;

5) the range of knowledge and skills necessary for the safe conduct of trains and railway vehicles;

6) the need to provide an adequate number of hours of training for the candidate drivers of the driver's licence to obtain knowledge of the facts, principles, processes and general concepts related to the work of the driver;

7) the need to carry out a written test exam for the candidates for drivers applying for the driver's licence, guarantee the proper organization and the appropriate level of the substantive examination of that examination, and ensure the same the conditions for their conduct;

8) the recommendations of the European Commission on the procedure for the identification of identification numbers of training and examination centres;

9) the European Union's rules on the requirements to be met by training centres and exams;

10) the need to ensure an adequate level of substantive training and examinations for the candidates for drivers applying for the driver's licence and to specify additional requirements for the knowledge of the Polish language, the rules of the movement railway and signalling on the railway network of the Republic of Poland, for instructors and examiners from other member states of the European Union, conducting trainings and exams on the railway network of the Republic of Poland;

11) the European Union rules on the register of train drivers ' licences;

12) the need to unify the documents being issued and to protect them from counterfeit or reprocessing.

(13) The Minister responsible for transport, in agreement with the Minister responsible for health, will determine, by way of regulation, detailed requirements for the entities applying for entry to the list of entities entitled to carry out the medical and psychological examinations and adjudication to verify the fulfilment of the health, physical and mental health requirements necessary to obtain the driver's licence and the driver's certificate, as well as their validity, the mode of making the list and the deletion of the list, the scope of the data contained in the list, the model of the application for the entry for the list, as well as the way in which the fees are paid, bearing in mind:

1) the need to ensure the proper qualifications of the persons entitled to carry out the tests in order to verify the fulfilment of the health, physical and mental health requirements necessary to obtain the driver's licence and the driver's certificate, and the retention of their validity;

2) the need to ensure proper conditions for carrying out such tests;

3) the clarity and transparency of the data included in the list.

Article 22b. [ Driver's certificate] 1. Railway carriers and the liquidators shall issue certificates to drivers by them employed or providing services for their behalf, in accordance with the model set out in Annex II to Regulation (EU) No 36/2010.

1a. The conditions necessary to obtain the driver's certificate shall be:

1) possession of a driver's licence;

2) take the training and sentence of the examination carried out in the mode and in the manner prescribed by the provisions issued on the basis of the lips. 21 points 2 and 3-applies to candidates for train drivers;

3) take the training and submission with the result of a positive test of knowledge and skills carried out in the mode and in the manner prescribed by the provisions issued on the basis of the mouth. 21 point 4-refers to train drivers seeking to obtain a further driver certificate;

4) obtaining a medical certificate confirming the fulfilment of the health, physical and mental health requirements specified in the provisions issued on the basis of the mouth. 22 point (1), after medical and psychological examinations.

2. A driver's certificate entitles him to drive a train or a railway vehicle with a railway carrier or manager who issued it, within a given category of power and is valid for the railway infrastructure specified therein and the specified types Railway vehicles. The categories and subcategories of allowances are set out in Regulation (EU) No 36/2010.

3. The driver's certificate may include the authority to run trains or railway vehicles in all categories and subcategories referred to in paragraph. 2.

3a. In the case of the provision of the traction service, a train or a train vehicle may be carried out by the driver on the basis of a driver's certificate issued by another railway carrier or by the manager.

3b. In the case referred to in paragraph. 3a, the Railway Undertaking for which the driver operates a railway vehicle or a train is required to ensure that the driver is acquainted with the internal regulations in force to the extent necessary for the safe driving of the vehicle train or train.

4. Railway carriers and railway infrastructure managers shall establish procedures for issuing certificates of driver, being part of their safety management system referred to in art. 17a.

5. In the procedures for issuing the certificates referred to in paragraph 1. 4, shall specify in particular:

1) mode of issuing the driver's certificate, updating the data contained therein, its suspension and reversing;

2) the mode of appeal against the decision concerning the issuance of the driver's certificate, its suspension and reversing.

3) (repealed)

6. The procedure referred to in the paragraph. 4, railway undertakings and railway infrastructure managers shall make public the way in which each of them has been accepted.

7. In order to preserve the validity of the driver's certificate, the driver undergoes periodic medical and psychological examinations and obtains a medical certificate confirming the fulfilment of the health, physical and mental health requirements specified in the regulations issued on the basis of the paragraph In accordance with the provisions of paragraph 22, paragraph 1 and the training course, as well as periodic checks on knowledge and skills, in the mode and under the conditions laid down in the provisions adopted on the basis of the paragraph 21 point 4.

7a. The studies referred to in paragraph 1. 7, shall be carried out as follows:

1) 24 months-to complete 55. year of life,

2) 12 months-after completing 55. year of life

-unless the medical certificate indicates a shorter period.

7b. The studies referred to in paragraph 1. 7, shall be carried out in periods of less than the periods referred to in paragraph 1. 7a:

1) after each serious accident in which the driver was involved;

2) after the end of temporary incapacity for work caused by the disease lasting more than 30 days;

3) in case of return of the driver to work after a break lasting more than 6 months;

4. in the event of a reasonable suspicion of loss of physical or mental capacity to drive a railway vehicle or train;

5) in the case referred to in paragraph. 16;

6) in other cases specified in the provisions concerning preventive protection of the health of workers.

7c. The studies referred to in paragraph 1. 1a, paragraph 4, paragraph 4. 7 and 7b, shall be carried out, subject to paragraph. 7a and the provisions adopted on the basis of the paragraph. 22, to the extent and in accordance with the principles laid down in the Act of 26 June 1974. -Labour Code (Dz. U. of 2014 items 1502, with late. zm.).

7d. Transition by the driver of the research referred to in paragraph. 1a, paragraph 4, paragraph 4. 7 and 7b shall be deemed to be tantamount to meeting the staff member's duties in carrying out the preliminary, periodic and checking medical examinations referred to in Article 3. 229 § 1 and 2 of the Labour Code.

7e. Railway carriers and managers must not be allowed to work as a driver of a person without a current medical certificate confirming the fulfilment of the health, physical and mental health requirements necessary to obtain the driver's certificate or the retention of its validity, except in the case referred to in paragraph 1. 18 point 4 in respect of candidates for train drivers.

7f. Railway carriers and liquidators shall be obliged to:

1) the driving of train drivers for medical and psychological examinations in order to obtain the driver's certificate or to preserve its validity;

2. covering the costs of medical and psychological examinations referred to in point 1;

3) the storage of medical certificates of train drivers.

7g. The fulfilment of the obligations referred to in paragraph by the railway undertakings and the managers of the duties referred to in paragraph 1. 7f points 1 and 2 shall be deemed to be tantamount to meeting the employer's duties in carrying out the preliminary, periodic and checking medical examinations referred to in Article 3. 229 § 1 and 2 of the Labour Code.

(8) Railway carriers or railway infrastructure managers shall withdraw or suspend, in whole or in part, the validity of the driver's certificate when the driver no longer fulfils the conditions necessary for the possession of the certificate.

9. (repealed)

10. The driver's certificate shall lapse by virtue of the law from the date of termination or termination of the contract of employment or any other legal relationship binding the driver with the railway carrier or the railway infrastructure manager.

11. In the case referred to in paragraph. 10, the Railway Undertaking and the Manager shall issue the driver's copy of the driver certificate, the model of which is set out in Annex III to Regulation (EU) No 36/2010, and other supporting documents.

(12) The Railway Undertaking or the Railway Infrastructure Manager shall immediately update the driver's certificate if the holder has obtained additional allowances for the train, the railway vehicle or the railway infrastructure.

(13) The Railway Undertaking or the Railway Infrastructure Manager shall withdraw the driver's certificate from the person who no longer fulfils the conditions referred to in paragraph 1. 7.

14. Railway carriers and managers shall keep records of the driver's certificates issued by them.

14a. Railway carriers and managers shall make available the data collected in the registers referred to in paragraph. 14, as well as information on the content of the driver's certificates issued:

1) President of UTK;

2) State Commission of Railway Accident Investigation in accordance with art. 28h ust. 2 (4) and the railway commission referred to in Article 2 (4) of the Directive. 28m;

3) to the competent authorities of other Member States of the European Union, in the case of execution by the railway carrier or the administrator of cross-border activities;

4) to other entities, if the obligation to provide data is due to separate provisions.

15. The President of UTK may occur, to the railway carrier or the railway infrastructure manager, with the request to carry out the driver's check or to suspend the validity of the driver's certificate.

16. Railway carrier or railway infrastructure manager upon receipt of the request of the President of UTK is obliged to take appropriate action, in particular to direct the driver for medical examination or to submit to the verification of knowledge and skills, and, in the deadline of 4 weeks from the date of receipt of the request, submit the report to the President of UTK.

17. The President of UTK may, by decision, issue a ban on driving a train or a railway vehicle by the driver during the period of examination of the application referred to in the paragraph. 15 if justified on the basis of the safety of rail traffic. The decision of the President of UTK shall inform the European Commission and other competent authorities.

18. In the case of:

1. disruption of the rail traffic as a result of the works carried out on the tracks or causing the need to deviate from the performance of the rail services on the basis of the train timetable in force, as determined by the liquidator,

2) one-off rail services, with the consent of the steward,

3) the delivery or presentation of a new train or a railway vehicle,

4) training or examination of train drivers and candidates for train drivers,

5) the operation of technological operations

-if the driver or driver applicant for a driver's certificate does not have knowledge of the sections of the railway lines on which the railway vehicle or train is to be carried out, they may carry it, provided that, when driving next to them, there is another train driver or manager with a proven track record of these sections.

19. In the cases referred to in paragraph. 18, in the absence of any possibility of ensuring the presence of the persons referred to in that provision, the driver may drive a railway vehicle or train after meeting the conditions laid down in the provisions issued on the basis of art. 17 para. 7.

20. (repealed)

20a. The driver is obliged to notify the Railway Undertaking or the Manager for which he/she provides work or services, of the circumstances relating to his/her condition of health affecting the ability of his/her to carry out his/her ability to carry out his/her work. the privileges of the driver attestation.

20b. The provisions of the paragraph. 20a shall apply mutatis mutandis to the operator of the railway vehicles which provides work or services to the user of the railway siding or of the entrepreneur performing the services within the railway siding.

21. The Minister responsible for transport shall determine, by means of a regulation:

1) the scope of knowledge and skills concerning the railway vehicle and the railway infrastructure, covered by the training and examination, which are necessary to obtain the driver's certificate,

2) the programme and the duration of the training of candidates for drivers applying for obtaining a driver's certificate,

3) the manner, form and mode of preparation and conduct of the exams for the candidate drivers for obtaining the driver's certificate and the mode of work of the examination committee conducting these exams,

4) the mode and detailed conditions and minimum frequency of training and checking of the knowledge and skills of train drivers,

5) the scope of the data relating to railway infrastructure included in the driver's certificate,

6) the detailed conditions and means of keeping the register of train drivers ' certificates, the scope of the data contained therein, as well as the period of their storage, the model of that register and the mode of making available the data included in the register to the entities referred to in paragraph. 14a

-having regard to the scope of the knowledge and skills necessary to ensure the proper qualifications of drivers, the need to adapt the training programme to the training and professional experience of the drivers of train drivers, while providing the necessary conditions for the training of drivers. the number of hours of fixation, theoretical and practical training and the driving of the railway vehicle under supervision, the need for a theoretical and practical part of the examination for candidates for drivers seeking to obtain certificate of driver, guarantee of proper organisation and the appropriate level of merit of those examinations, as well as the provision of the same conditions for their conduct, the need to ensure the continuity of the process of improving the professional drivers and monitoring of their powers. and European Union rules on the register of train drivers ' certificates.

(22) The Minister responsible for transport in agreement with the Minister responsible for health shall determine, by means of a regulation:

1) the health, physical and mental health requirements to be met by applicants for a driver's certificate or for the preservation of the certificate of validity,

2) the scope of medical and psychological examinations and the way of assessing the physical and mental capacity of applicants for a driver's certificate or for the preservation of its validity and the mode of adjudication of this ability,

3) models of documents confirming the physical and mental capacity of the persons applying for a driver's certificate or for the preservation of its validity

-having regard to the need to carry out the necessary tests for proper assessment of the physical and mental capacity to drive railway vehicles, the need to take into account the specificity of the driver's position when determining the requirements of the machinery health, the efficiency of the procedure for issuing documents confirming the physical and mental capacity of the persons applying for a driver's certificate, or the preservation of its validity, and the need to harmonise the documents issued and their protection against counterfeit or reprocessing.

Article 22c. [ Agreement obliging the driver to reimburse part or all of the costs incurred for training] 1. The Railway Undertaking and the administrator may enter into a contract with the driver's candidate obliging that candidate to reimburse part or all of the costs incurred for his training, if the termination or termination of the contract of employment or other relationship the legally binding candidate for the driver with either the railway undertaking or the manager, respectively, before the deadline set out in that contract, for the reasons on which that candidate is on the side.

2. Paragraph Recipe 1 shall apply mutatis mutandis in the case of training of the driver applying for a further certificate of train driver.

Art. 22ca. [ Statement by the driver] 1. The driver shall be obliged to immediately inform the Railway Undertaking or the administrator for whom it provides a work or service, by means of a written declaration, of:

1) the provision of work or services to more than one railway carrier, the manager, the user of the railway siding or the entrepreneur performing the transport within the railway siding, or

2. non-performance of a driver's task or the operator of railway vehicles to another railway operator, the administrator, the user of the railway siding or the entrepreneur performing the services within the railway siding.

2. The Machine of the Machine shall make the declaration referred to in paragraph. 1, on the day of commencasing the work or the provision of services, and then in any case to take or discontinue the operation of the driver's task in favour of more than one entity.

3. The statement referred to in the paragraph. 1 point 1, should include information relating to the average weekly number of hours of driving or train running in another railway undertaking, the manager, the user of the railway siding or the undertaking carrying out the transport within the railway siders.

4. If the declaration referred to in paragraph is made. 1 point 1, the Railway Undertaking or the administrator shall forward it to the President of UTK, no later than 14 days from the date of its receipt.

5. The provisions of the paragraph. 1-4 shall apply mutatis mutandis to the operator of the railway vehicles which provides work or services to the user of the railway siding or of the undertaking performing the services within the railway siding.

Article 22d. [ Personnel employed in posts directly related to the operation and safety of rail traffic] 1. Employees engaged in positions directly connected with the operation and safety of the railway traffic and with the driving of specific types of railway vehicles: on-call traffic, charge, train manager, setter, manoeuvring, The rolling stock auditor, the automatician, the master, the crossover, the trains or the railway vehicles referred to in art. 18 (1) 5, as well as an assistant driver of traction vehicles, shall be obliged to:

1) possess the required education,

2) meet the health, physical and mental health requirements,

3) have the required professional preparation,

4) pass the qualifying examination

-as defined in the provisions adopted on the basis of the paragraph. 3 point 1.

2. The employees referred to in paragraph 2. 1, shall be required to hold and show to the competent authority of the document authorising the competent authority to carry out the functions referred to in paragraph 1. 1.

3. The Minister responsible for transport shall determine, by means of a regulation:

1. for the posts referred to in paragraph 1. 1, the conditions that are required to meet the employed in these positions, as well as the conditions and manner of assessment of their physical and mental abilities, the units entitled to assess physical and mental capacity and the mode of adjudication of that capacity,

2. the method of appointment and the working mode of the Selection Board to determine the qualifications of the staff members employed in the posts referred to in paragraph. 1, models of documents confirming these qualifications and authorizing the performance of the tasks in those posts, the amount of remuneration of the members of the exams committee and the amount of fees associated with the determination of the qualifications of the employees, having regard to the provision of 4, as well as the way in which these fees are paid

-with a view to ensuring the safety of rail transport, the proper qualifications of the persons employed in these positions, the relevant conditions for carrying out the assessment of physical and mental capacity, the effort of the members of the committee the examination and their qualifications, as well as the costs in kind and personal relating to the determination of the qualifications of the employees.

4. The amount of the fee associated with the determination of the qualifications of the employees employed in the posts referred to in paragraph 1. 1, may not exceed the equivalent in the PLN 30 zlotys, determined using the average rate, announced by the National Bank of Poland, in force on the date of issuance of the document confirming the employee's qualifications.

Art. 22e. [ Assessment of the driver's licence and driver's certificate] 1. The Minister responsible for transport shall carry out, at least once every 5 years, the assessment of the system for obtaining the driver's licence and the driver's certificate, taking into account the need to ensure the efficiency and transparency of this system and Safety in rail traffic. The results of the evaluation shall be public.

2. The Minister responsible for transport, in order to make the assessment referred to in paragraph 1. 1, may request the President of UTK, railway undertakings, railway infrastructure managers to provide the information and the explanations necessary for the assessment.

3. The results of the assessment of the system of obtaining the driver's licence and the driver's certificate shall be passed on to interested entities and the President of UTK.

4. In the event of a finding of irregularities as a result of the assessment referred to in paragraph. 1, the minister responsible for transport requests the President of UTK to request the appointment of a body with an irregularity of the time limit for their removal.

5. The President of UTK may impose on the railway carrier or the railway infrastructure manager who did not remove, within the prescribed period, the irregularities found by the assessment referred to in the paragraph. 1, a penalty payment in the amount specified in Art. 66 (1) 2. Article 66 (1) 4 shall apply.

Article 22f. [ Conditions for admission to the operation of types of structures and equipment affecting the level of safety of the railway traffic] 1. The condition of the entry into service of the types of structures and types of devices affecting the level of safety of the railway traffic referred to in the provisions issued on the basis of the paragraph. Article 14 (2) is to obtain a certificate of entry into service of the type for the first of its copies.

2. If a specific type of equipment or structure is produced by more than one manufacturer, it is required to obtain a certificate of entry into service of the type for the first copy produced by each of these manufacturers.

3. The certificate of entry into service of a type shall be issued for an indefinite period of time and, in the case of new types or the need for operational tests, for a specified period of time, intended for the carrying out of those tests.

4. The authority responsible for issuing, refusing to issue and withdrawing the certificate of entry into service of the type shall be the President of UTK.

5. Prior to obtaining the certificate of entry into service of the type, types of equipment and types of structures are subject to technical tests.

6. Technical studies shall be carried out by the organizational unit referred to in art. 22g par. 9.

7. After carrying out with the result of a positive technical examination the organization unit referred to in art. 22g par. 9, issue a certificate of conformity type.

8. Subsequent devices or structures according to the type for which the President of UTK has issued a certificate of entry into service of a type shall be considered to be put into service if:

1) the manufacturer or his authorised representative has carried out a conformity assessment procedure with the type and then issued a declaration of conformity to the type, or

2. the contracting entity, the contractor of the modernisation, the importer, the investor, the authorising officer, the manager, the operator of the siding or the railway carrier has issued a declaration of conformity with the type of equipment or structures which it intends to put into service, after prior carried out by the business unit referred to in Article 22g par. 9, the technical studies necessary to determine the conformity to the type, completed release of the certificate of conformity to the type.

9. The President of UTK shall, by decision, revoke the certificate of entry into service of the type where it is established that the type of device or type of structure threatens the safety of the rail traffic or the safety of the transport of persons and goods.

10. If the party to the proceedings for the withdrawal of the certificate of entry into service is the manufacturer or his authorized representative, in the decision referred to in the paragraph. 9, the President of UTK tells him:

(1) the repurchase or replacement, within a prescribed period, of the devices or structures which are compatible with the type authorised at the request of the entities which actually possess them;

(2) a notification to the operators of the equipment or structures conforming to the type permitted, respectively, of the withdrawal of the certificate of entry into service of the type, specifying the time limit and the manner in which they are notified.

11. With regard to the rail network, the conditions referred to in paragraph 1 1 and 8, concern types of equipment and types of structures intended for operation within the scope specified in art. 25a par. 1, in the cases referred to in art. 25d ust. 1 points 2 to 4, as well as in the case of the granting by the President of UTK of the derogations referred to in art. 25f ust. 5 (1) and (2) and (2) 6 point 1.

12. Obtaining the certificate of entry into service of the type is not required for the types of equipment and types of structures referred to in paragraph. 1, included in the TSI as interoperability constituents and covered by the EC declaration of conformity or suitability for use of the interoperability constituent.

13. The provisions of the paragraph. 1-12 shall apply to the types of railway vehicles referred to in the provisions issued on the basis of the paragraph. 14 (2), intended for use only:

1) on railway sidings;

2) on railway infrastructure comprising railway lines with track width of less than 1435 mm;

3) in the subway;

4) on the railway network referred to in art. 25a par. 1 point 1.

(14) The Minister responsible for transport shall determine, by means of a regulation:

1) the mode of issuing, refusing to issue and withdrawing the certificates of entry into service of the type;

2) a list of the types of structures, equipment and railway vehicles for which it is required to obtain a certificate of entry into service of type;

3) the scope of the technical studies necessary for the issue of the certificate of entry into service type and the determination of conformity to the type;

4) the detailed conditions and mode of issuing the type-conformity certificates, certificates of conformity to the type and declaration of conformity to the type;

(5) conditions for operating tests;

6) the procedure for the assessment of conformity to type;

7) Model:

(a) certificates of entry into service of type,

(b) the type-conformity certificate

(c) certificate of conformity to type,

(d) declaration of conformity to type.

15. By issuing the regulation referred to in paragraph 1. 14, account shall be taken of:

1) the need to ensure the efficiency of the procedure for issuing the certification of entry into service;

2. the need for inclusion in the list referred to in paragraph 1. 14 (2), equipment having a bearing on the safety of railway traffic, structures constituting elements of railway surface, railway vehicles with drive, railcars and railway special vehicles;

3. the need to carry out all necessary tests to satisfy the requirements set out in the relevant technical specifications and standardization documents;

4) the requirements and procedures for allowing the operation of the components of the rail system contained in the European Union regulations concerning the interoperability of the rail system;

5. modules of the conformity assessment procedure described in the provisions of the European Union establishing a common framework for the placing on the market of products;

6) the need to harmonise the documents issued.

Article 22g. [ Consent of the President of UTK to conduct business] 1. Doing the activities of technical research necessary to obtain the certificates of entry into service type, as well as the determination of conformity to the type and issue of certificates of conformity of type and certificates of conformity with the type, requires the approval of the President of UTK.

2. Consent to conduct the activities referred to in paragraph. 1, may be granted to an organizational unit that meets the following requirements:

1. ensure that technical studies are carried out by persons with technical expertise in respect of the types of structures, equipment or railway vehicles, as appropriate, which are subject to technical tests and certification;

2) is independent and impartial in relation to the entities directly or indirectly related to the process of production respectively of types of structures, equipment or railway vehicles subject to technical research and certification;

3) ensure that technical tests are carried out with the necessary equipment;

4) obtained the accreditation certificate pursuant to the Act of 13 April 2016. the conformity assessment and market surveillance systems in relation to the relevant activities.

3. The President of UTK shall, by decision, grant consent to the performance by the business unit of the activities referred to in paragraph. 1, if the unit complies with the requirements set out in paragraph. 2. The decision shall indicate the types of equipment, structures or railway vehicles, which the organization unit can examine and certify.

4. The President of UTK, by decision, refuses to give consent to the performance by the business unit of the activities referred to in the paragraph. 1 if the unit does not meet the requirements set out in paragraph 1. 2.

5. In the event of a finding of infringements of the requirements referred to in paragraph 2 The President of UTK shall, by decision, suspend the power to exercise by the business unit of the activity referred to in the paragraph. 1, setting a time limit for the removal of the breaches underlying the suspension.

6. An organizational unit entitled to perform the activities referred to in the paragraph. 1, may request the President of UTK to extend the scope of the powers specified in the decision referred to in para. 3. The President of UTK, by decision, extends the scope of the powers of this business unit upon determination of compliance with the requirements referred to in the paragraph. 2, to the extent necessary to carry out the examinations and certification of the types of equipment, structures or railway vehicles covered by the application.

7. The President of UTK, by decision, limits the scope of the powers granted to the organisational unit in the decision referred to in the paragraph. 3 or 6, in the event that the requirements laid down in the paragraph are not met. 2, to the extent necessary for the examination and certification of specific types of equipment, structures or railway vehicles.

8. The President of UTK, by decision, shall revoke the power to exercise by the business unit of the activities referred to in paragraph. 1, in the case of:

1) the uneffective expiry of the period for the removal of the breaches giving rise to the suspension of the powers of that

2) statements of the issuance of certificates of conformity of type or certificates of conformity to the type without prior conduct of all technical tests indicated in the provisions issued on the basis of art. 22f par. 14 point 3;

(3) the completion of winding-up or bankruptcy proceedings involving the winding-up of the assets of the bankrupt or bankruptcy procedure;

4) the lodging by the organization unit of written information about the cessation of the performance of this activity.

9. The President of UTK shall include in the Public Information Bulletin on the subjective side of the Office of the Transport Railway a list of the organizational units entitled to perform the technical studies necessary to obtain the certificates of release into service type, determination of conformity to type and issue of type-compliance certificates and certificates of conformity with a type together with an indication of the extent of their privileges.

Article 23. [ Certificate of release to service] 1. (repealed)

2. (repealed)

(3) The Railway Undertaking or the manager may only carry out the journey by rail vehicles which are marked with a European Vehicle Number (EVN). With the approval of the President of UTK, the Railway Undertaking or the administrator may carry out the journey of railway vehicles operated in the territory of the Republic of Poland marked with a numbering system distinct from EVN.

4. In the case of a railway vehicle operated or a railway vehicle intended to be operated on railway routes with countries where the track gauge is different from the track gauge on the main railway network within the territory of the Republic The Polish railway carrier or the administrator may carry out the journey of a railway vehicle operated on the territory of the Republic of Poland, marked by a numbering system distinct from EVN.

5. In the case of a railway vehicle moving from a country other than the Member States of the European Union on a railway network, the track gauge of which is different from the track gauge of the main rail network within the territory of the Member States of the Union The provisions referred to in Article 4 shall apply to the European Union. 25t, unless the bilateral international agreements, which the Republic of Poland is a party to, provide otherwise.

6. (repealed)

7. (repealed)

8. (repealed)

Art. 23a. [ The responsibilities of the President of UTK related to the national register of railway vehicles] 1. President of UTK:

(1) at the request of the authorising officer:

(a) (repealed)

(b) amend the register data in the national railway vehicle register (NVR) for the railway vehicle registered in it,

(c) withdraw from service a railway vehicle registered in the national register of railway vehicles;

(1a) at the request of the administrator, the railway undertaking, the authorising officer, the manufacturer or his authorised representative established in the territory of the European Union, the contractor for the modernisation or the importer:

(a) reserve the European Vehicle Number (EVN) for a new or upgraded railway vehicle prior to the release of the authorisation for placing in service,

b) grants the European Vehicle Number (EVN) for a railway vehicle authorized for the first time to operate on the territory of the Republic of Poland and register it in the National Vehicle Register (NVR);

2. in carrying out the activities referred to in points (1), (1a) and (4), draw up a report which shall transmit to the applicant;

3) by decision suspends the registration of the railway vehicle in the cases of:

(a) the expiry of the authorisation for placing in service of a railway vehicle,

(b) where the new authorising officer does not have a Letter Identifier (VKM),

(c) where, as at the date of the registration of the currently registered holder, no new authorising officer has accepted the status of the authorising officer,

(d) no new entrant has been confirmed by any new entity at the date when the currently registered entity in charge of the maintenance of the railway vehicle (ECM) has been registered;

4. in the case of the cessation of the reasons referred to in point 3, at the request of the authorising officer shall register the railway vehicle in the national register of railway vehicles.

2. The train station shall be entered in the national register of railway vehicles (NVR), subject to the following conditions:

1) the possession of a valid authorisation for placing in service;

2) possession of a Literary Holder (VKM);

3) indication of the entity in charge of maintenance of the railway vehicle (ECM).

3. The applications referred to in paragraph 1. Points 1, 1a and 4 shall be considered no later than one month from the date of submission of the complete application.

4. Where the railway vehicle does not comply with the conditions referred to in paragraph 1. 2, the President of UTK shall invite the applicant to remedy the deficiencies within a period of not more than 30 days from the date of receipt of the call, with the instruction that the failure to remedy these deficiencies will result in the decision not to:

1) the registration of a railway vehicle in the national register of railway vehicles (NVR);

2) the introduction of a change in the register data in the National Vehicle Register (NVR).

Article 23b. [ Railway vehicles complying with TSIs or incompatible with TSIs intended to be used] 1. Railway vehicles intended for operation shall be divided into vehicles:

1) complying with the TSI,

2) not in conformity with the TSI

-in force on the date of issue of the authorisation for placing in service of those vehicles.

1a. Railway vehicles which do not comply with the TSIs shall be subject to verification:

1) compliance with the national technical specifications and standardization documents specified in the provisions issued on the basis of art. 25t,

2) compliance with the railway network, in particular as regards the compliance of the technical and operational characteristics of the railway vehicle with infrastructure and fixed installations,

3) parameters specified in the provisions issued on the basis of art. 25this paragraph 1

-carried out by the entities entitled to carry out the tests necessary for the entry into service of railway vehicles not complying with the TSIs referred to in the provisions issued on the basis of art. 25this paragraph 1 point 8.

1b. After completion with positive results of the tests referred to in paragraph. 1a, the authorised entity shall issue a certificate of verification of a railway vehicle not in conformity with the TSI

1c. On the basis of a certificate of verification of a railway vehicle which is not in conformity with the TSI, the entity which requested the verification shall issue a declaration of verification of the TSI not complying with the TSI.

2. Prior to placing in service the railway vehicle should obtain from the President of UTK the authorisation for placing in service, subject to art. 23c. The authorisation for placing in service of a railway vehicle may include the conditions for the use of that railway vehicle.

3. The application for authorisation of a TSI conform to the operation of a TSI conform to the liquidator, the railway carrier, the operator, the manufacturer, the contractor of the modernisation or the importer, accompanied by the documents referred to in the Article. 23e ust. 1.

4. The President of UTK shall issue a permit for placing in service after checking the complex EC declaration of verification of the subsystem referred to in art. 23e ust. 1.

5. The President of UTK shall issue a permit for placing in service of a railway vehicle without carrying out further checks, if all the structural subsystems of the railway vehicle have been authorised to put into service in accordance with the provisions of Chapter 4a on the placing of subsystems in service.

6. With an application for authorisation to place a railway vehicle not in conformity with the TSIs in force on the date of the approval of a railway vehicle, including a railway vehicle covered by the derogations, there is a manager, a railway carrier, the authorising officer, the manufacturer, the contractor of the modernisation or the importer, and the documents referred to in the Article. 23e ust. 2. The admission is entitles to move on a railway network located in the territory of the Republic of Poland.

7. The President of UTK may demand from the entity referred to in paragraph. 3 and 6, providing additional information, carrying out analysis of hazards or tests on the railway network, in order to verify the technical compatibility of the railway vehicle with the railway network and safety requirements. Article Recipe 23e ust. 3 shall apply mutatis mutandis.

8. Research on the railway network referred to in paragraph. 7, may be carried out within a period of 3 months from the date of transmission of the request of the President of UTK, subject to the priority given to the performance by the administrator of the tasks specified in Art. 5, in particular with regard to ensuring the safe conduct of rail traffic and making train paths available for train journs on railway lines.

9. Where the applications referred to in paragraph 3 and 6, do not make any of the requirements laid down in art. 23e, the President of UTK invites the applicant to remedy the deficiencies within one month from the date of receipt of the call, with the instruction that the failure to remedy these deficiencies will result in a negative decision on the release into service.

10. The applications referred to in paragraph 1. 3 and 6, shall be considered no later than 2 months from the date of submission of the complete application together with the documents referred to respectively in art. 23e ust. 1 or 2.

11. The date for requesting a review of the case, due to the duly substantiated reasons, shall be one month from the date of service of the refusal decision.

12. President of UTK the application referred to in paragraph. 11, it shall consider within two months from the date of its receipt.

13. The President of UTK, in the event of a request for reconsideration of the case, may write to the Agency for an opinion.

14. If the President of UTK has not issued a decision on the entry into service of a railway vehicle on the basis of an application for authorisation for placing in service of a railway vehicle, referred to in art. 23f ust. 1 or Art. 23g ust. 1, the railway vehicle covered by the content of the application shall be considered to be authorised after the expiry of a period of three months from the end of the period referred to in Article 23f ust. 4 or Art. 23g ust. 5. The permission to operate is valid only on the railway network, for which the President of UTK has not issued a decision within the specified time limit.

15. In the case referred to in paragraph. 14, request to the President of UTK, referred to in art. 23f ust. 1 or Art. 23g ust. 1, with the confirmed date of its submission constitutes a document confirming the recognition of the railway vehicle as authorised for operation, with the President of UTK before the commencation of operation. Entitlement to operation shall be valid only until the authorisation is granted for placing in service.

16. Where the administrator or the Railway Undertaking does not comply with the technical and organisational conditions providing for:

1) safe operation of rail traffic or

(2) the safe operation of railway vehicles, or

3) fire protection and environmental protection

-The President of UTK shall, by means of a decision, revoke the entitlement referred to in paragraph 1. 14, or may withdraw the authorisation for placing in service issued on the basis of art. 23f ust. 4 or Art. 23g ust. 5, using an overview of security certificates and security authorizations.

Art. 23c. [ TSI conform to TSI not required to be authorised for placing in service] It is not necessary to obtain a permit for placing in service a TSI compliant with the TSI which has been authorised to be placed in service in another Member State of the European Union, if the TSI on vehicles does not specify points open and specific cases, and this vehicle is only moving on a TSI compliant railway network which does not specify open points and specific cases.

Art. 23d. [ Permit to be granted on a type of railway vehicle] 1. A permit for placing in service of a railway vehicle is a permit for placing a type of railway vehicle.

2. The procedure concerning the placing in service of subsequent vehicles conforming to the approved type shall begin with the submission by the administrator, the railway operator, the authorising officer, the manufacturer, the contractor of the modernisation or the importer of the railway vehicle to the The President of the UTK or the national safety authorities of the other Member States of the European Union for an application for authorisation of placing in service on the basis of conformity of a vehicle with a type. In this case, the national safety authorities shall cooperate with each other in order to simplify the procedure and to reduce the administrative burden.

3. The admissibility referred to in paragraph. 2, shall be issued on the basis of a declaration of conformity to the type issued by the applicant, after compliance with the essential requirements for the interoperability of the rail system with the essential requirements.

3a. The documentation referred to in paragraph 1. 2 and 3 shall be subject to examination by the President of UTK for completeness.

4. Declaration of Conformity with the Type shall be prepared:

1. for TSI conform vehicles, in accordance with the EC verification procedures of the TSI;

2. for non-TSI conform vehicles, in accordance with the EC verification procedures set out in modules D or E of Decision No 768 /2008/EC of the European Parliament and of the Council of 9 July 2008. on a common framework for the placing on the market of products, repealing Council Decision 93 /465/EEC (Dz. Urz. EU L 218, 13.08.2008, p. 82).

5. Information on the issue of the permit for placing in service of the railway vehicle referred to in paragraph. 1, the President of UTK shall transmit to the Agency, in order to register a type of railway vehicle in the European register of authorised types of vehicles, operated by the Agency.

6. President of UTK in the case of a revision of the TSI or the national rules on the basis of which the authorisation for placing in service of the type of railway vehicle referred to in paragraph is issued. 1, may, by decision, order to obtain a new authorisation for placing in service of a railway vehicle (renewal of authorisation), taking into account the need to ensure an adequate level of safety and technical compatibility with the essential requirements for the interoperability of the rail system. When renewing the authorisation, only the criteria resulting from the provisions being amended shall be verified.

(7) The renewal of the authorisation of placing in service of a railway vehicle does not require changes to the authorisations issued before the date of issue of the renewal of the authorisation.

8. The application referred to in paragraph 1. 2, the applicant shall be accompanied by an indication of whether he/she has applied to other national security authorities from the Member States of the European Union.

Art. 23e. [ Applications for authorisation of placing in service of a TSI conform to a TSI or not in conformity with the TSI] 1. To the application referred to in art. 23b ust. 3, the following shall be attached:

1) the EC declaration of verification of the subsystem for all structural subsystems of the railway vehicle, if all the structural subsystems of the railway vehicle have obtained a permit for placing in service in accordance with the provisions of Chapter 4a in the extent to which the subsystems are allowed to operate

2. all EC declarations of verification of the subsystem, as confirmed by:

(a) the conformity of the subsystems of the railway vehicle with the TSI and their safe installation,

(b) the compatibility of the railway vehicle with the railway network, including documents proving the compliance of the technical and operational characteristics of the railway vehicle with the infrastructure and fixed installations,

(c) conformity of the railway vehicle with the provisions issued on the basis of art. 25t, applicable to open points and specific cases as defined in the TSI.

2. The application referred to in Art. 23b ust. 6, the following shall be attached:

1. for the TSI compliant subsystems in force at the date of issue of the authorisation for placing in service of the railway vehicle the documents referred to in paragraph. 1 point 2;

2. for subsystems which do not comply with any of the TSIs in force on the date of authorisation for placing in service of the railway vehicle, supporting documents:

(a) the conformity of the subsystems of the railway vehicle with the provisions issued pursuant to the Article 25t,

(b) the compatibility of the railway vehicle with the railway network, including documents proving the compliance of the technical and operational characteristics of the railway vehicle with the infrastructure and fixed installations,

(c) positive results of the checks of the parameters of the railway vehicle as defined by the provisions of the Article 25this paragraph 1;

3) a certificate of verification of a railway vehicle not in conformity with the TSI;

4) a declaration of verification of a railway vehicle not in conformity with the TSI.

3. The documents referred to in paragraph. 1 point 2 (a) b and para. 2 point 2, should be included in the form of an electronic document within the meaning of the provisions of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2014 items 1114 and 2016 items 352), hereinafter referred to as the "electronic document", without the possibility of modifying it.

4. The documentation referred to in paragraph 1. 2 shall be subject to examination by the President of UTK for completeness.

Art. 23f. [ Placing in service of a TSI compliant with TSIs authorised in another EU Member State] 1. With an application for authorisation for placing in service of a railway vehicle in accordance with all TSIs in force at the date of issue of the authorisation for placing in service, authorised in any of the other countries of the European Union Member States, excluding the vehicles referred to in Article. 23c, there is the administrator, the railway carrier, the authorising officer, the manufacturer or his authorised representative, the contractor of the modernisation or the importer of the railway vehicle, to the President of UTK, attaching the results of the tests of the railway vehicle carried out by the unit notified.

2. The application referred to in paragraph 2. 1, in addition to the document permitting the placing in service of a railway vehicle in another Member State of the European Union, shall be attached:

1) the technical documentation, which confirms the conformity of the railway vehicle with the railway network, including documents confirming the conformity of the technical and operational characteristics of the railway vehicle with infrastructure and fixed installations;

2. the technical documentation, which confirms the conformity of the railway vehicle with the provisions issued on the basis of art. 25t, applicable to open points and specific cases as defined in the TSI;

3) a dossier containing information on the maintenance of the railway vehicle, and in particular the modernisation or renewal, which has been carried out after the authorisation of the placing in service;

4) information on the data collection procedure enabling them to be read and evaluated, if the information is not harmonised with the TSI-in the case of railway vehicles equipped with data recorders;

5) information about the intended use of the railway vehicle in the railway network.

2a. The documentation and the information referred to in paragraph. 2, it shall be annexed in the form of an electronic document, without any possibility of modification.

3. President of UTK on the basis of the documents referred to in the paragraph. 2, check the technical compatibility of the railway vehicle with the railway network, taking into account the national provisions applicable to open points and specific cases, as defined in the TSI.

3a. The documentation referred to in paragraph 1. 2 shall be subject to examination by the President of UTK for completeness.

4. President of UTK in the case referred to in paragraph. 1, issue an authorisation for placing in service, not later than the date of:

1) two months from the date of submission of the complete documentation referred to in paragraph. 2;

2) of the month from the date of transmission of additional information or results of the analyses of hazards or studies on the railway network required by the President of UTK referred to in art. 23b ust. 7.

Art. 23g. [ Placing in service of a non-TSI approved by a TSI authorised in another EU Member State] 1. With an application for authorisation to place a railway vehicle previously authorised in the territory of the European Union which does not conform to any of the TSIs, there is an operator or a manufacturer of the railway vehicle, attaching the results of the tests carried out by the railway vehicle carried out by the notified body in respect of the subsystems complying with the TSI (s) or the entity authorised by the notified body under the provisions of Article 25this paragraph 1 point 8, for railway vehicles not complying with the TSI.

2. The application referred to in paragraph 2. 1, the following shall be attached:

1. for the TSI compliant subsystems in force at the date of issue of the authorisation for placing in service of a railway vehicle the documents referred to in art. 23e ust. 1;

(1a) a permit for placing in service of a railway vehicle or any other document confirming its release for service in another Member State of the European Union or in international traffic;

2. for subsystems which do not comply with any of the TSIs in force on the date of entry into service of the railway vehicle, supporting documents:

(a) the conformity of the subsystems of the railway vehicle with the provisions issued pursuant to the Article 25t,

(b) the compatibility of the railway vehicle with the railway network, including the compatibility of the technical and operational characteristics of the railway vehicle with the infrastructure and fixed installations,

(c) positive results of the checks of the parameters of the railway vehicle as defined by the provisions of the Article 25this paragraph 1;

3) documentation demonstrating compliance with safety requirements with an indication of the non-application of TSIs for subsystems and interoperability constituents, in the event of derogation from the application of the TSI in another Member State of the Union European;

4) the technical data, maintenance plans and operational characteristics of the railway vehicle;

5) documentation containing information on the maintenance of the railway vehicle, and in particular the modernisation or renewal, which has been carried out after the authorisation of the placing in service;

6) information on the data collection procedure enabling them to be read and evaluated, if the information is not harmonised with the TSI-in the case of railway vehicles equipped with data recorders;

7) information about the intended use of the railway vehicle in the railway network.

2a. The results of the tests referred to in paragraph 2. 1, as well as the documents, documentation, technical data and information referred to in paragraph 1. 2, it shall be annexed in the form of an electronic document, without any possibility of modification.

3. President of UTK on the basis of the documents referred to in the paragraph. 2, check the technical compatibility of the railway vehicle with the railway network, including documents confirming the compliance of the technical and operational characteristics of the railway vehicle with the infrastructure and fixed installations, and check compliance with the requirements the safety of the railway vehicle.

3a. The documentation referred to in paragraph 1. 2 shall be subject to examination by the President of UTK for completeness.

4. The President of UTK may challenge the documents referred to in the paragraph. 2 points 3, 4 and 6, if proven, without prejudice to art. 25f, the existence of a significant safety concern.

5. President of UTK in the case referred to in paragraph. 1, issue an authorisation for placing in service, not later than the date of:

1. four months from the date of submission of the complete dossier referred to in paragraph 1. 2;

2) two months from the date of transmission of additional analyses of hazards or test results on the railway network required by the President of UTK, referred to in art. 23b ust. 7.

Art. 23h. [ Change of authorising officer] In the event of a change to the authorising officer, the new authorising officer shall enter into the rights and obligations of the authorised operator when he is entered in the national register of railway vehicles (NVR) as a authorising officer.

Art. 23i. [ Modernisation of the railway vehicle] 1. In the case of modernization of the railway vehicle it is required to obtain a new authorisation for placing in service.

2. To obtain a permit for placing in service referred to in paragraph. 1, Article shall apply. 23b.

3. The dissponsor or manufacturer of the railway vehicle may submit to the President of UTK the request for authorisation to waiver the need to obtain a new authorisation for placing in service.

4. The President of UTK, by decision, expresses the consent referred to in the paragraph. 3 if the modernisation does not result in changes affecting the safety of rail transport or the compatibility with the railway network on which the railway vehicle is to be operated.

Art. 23j. [ The entity in charge of maintenance of the railway vehicle] 1. Prior to the authorisation of placing in service of a railway vehicle, the operator shall specify the entity in charge of the maintenance of the railway vehicle (ECM).

2. The entity in charge of maintenance of the railway vehicle (ECM) shall ensure its maintenance in such a way as to guarantee safe operation in accordance with the documentation of the maintenance system of the railway vehicle, the technical conditions of the operation of the railway vehicles, specified in the provisions issued on the basis of art. 20 and in the TSI.

3. The entity in charge of maintenance of the railway vehicle (ECM) should ensure that the railway vehicle is maintained by itself or with the complicity of other entities involved in the maintenance of the railway vehicles with which it has a contract.

4. Entities in charge of maintenance of the railway vehicle (ECM) in respect of freight wagons and entities engaged in the maintenance of freight wagons, performing in whole or in part one or more of the maintenance functions specified in art. 4 par. 1 litas b-d of Regulation (EU) No 445/2011 shall be subject to certification by the President of UTK on the basis and in accordance with the procedure laid down in the Article. 4-8 of that Regulation.

5. The President of UTK, by decision, issues certificates, refuses to issue them, limits the scope of application, changes, suspends, withdraws and prolonges the validity of certificates, if there are indications of the conditions specified in art. (Article 7 of Regulation (EU) No 445/2011.

6. Certificates issued in other Member States of the European Union to the entities referred to in paragraph. 4, they are valid in the territory of the Republic of Poland if they were issued in accordance with Regulation (EU) No 445/2011.

7. Tasks of the entity in charge of maintenance of the railway vehicle (ECM) in the case of railway vehicles:

1. registered in a country other than the Member State of the European Union and held in accordance with the laws in force in that State,

2) operated on railway lines, on which the width of the tracks differs from the width of the tracks of the main railway network in the Republic of Poland and in the case of which the fulfilment of the conditions set out in the mouth. 2, shall be ensured by means of international agreements with States other than the Member State of the European Union,

3) entered in the register of monuments or to the inventory of the museum and the military vehicles and special railway vehicles, the passage of which requires the authorisation of the President of UTK

-carries out the railway carrier moving these wagons on the territory of the Republic of Poland.

8. Certificate for the entity in charge of maintenance of the railway vehicle (ECM) in relation to freight wagons referred to in paragraph. 5, shall issue the President of UTK, for a period of not more than five years, before the entry of the railway vehicle into the national register of railway vehicles. Information on the role of the entity in charge of maintenance of the railway vehicle shall be entered in the security authorization issued in accordance with the Article. 18a, or a safety certificate, issued in accordance with art. 18b.

Article 24. [ Technical Performance Certificate] 1. The condition of the entry into service of a railway vehicle is a certificate of technical efficiency.

2. The certificates of technical efficiency shall be issued by the Railway Undertaking, and for the railway vehicles carrying out the transport within the railway siding may be issued by the user of the railway siding, subject to the paragraph. 3.

3. Certificates of technical efficiency for railway vehicles carrying out technological services and for multifunctional and heavy machinery for the works of construction shall be issued to the operator or manager of the works.

4. The validity of the certificate of technical fitness of the railway vehicle shall be fixed for a specified period.

4a The provisions of the paragraph. 1-4 shall not apply to freight wagons for which the entity in charge of maintenance of the railway vehicle (ECM) in respect of freight wagons has issued assurance that the placing in service of the rail vehicle is available or restored to service, as set out in Article 3 para. 2 lithium f and g of Regulation (EU) No 445/2011.

(5) The Minister responsible for transport shall determine, by means of regulations, the issuing mode and the periods of validity of the technical performance certificates, establishing the model of the certificate and the conditions which are necessary to obtain it.

Article 25. [ Delegation] 1. The Minister responsible for transport shall determine, by means of a regulation, a list of the documents which should be in a railway vehicle which is in motion, enabling the technical condition of the railway vehicle to be established and their designs.

2. The Minister responsible for transport shall determine, by regulation, the way in which the register of railway vehicles is kept and the means of marking of railway vehicles, taking into account international regulations.

Chapter 4a

Conditions for ensuring interoperability of the rail system within the territory of the Republic

Article 25a. [ Division of the railway system] 1. The provisions of this Chapter and Article 23 (1) 3-5 and art. 23a-23j does not apply to:

1) railway networks which are functionally isolated from the rail system and intended only for the purpose of local passenger services, and of urban or suburban railway undertakings operating exclusively within those networks railways;

2) the railway infrastructure belonging to the managers of the private railway infrastructure and the railway vehicles operating only on this infrastructure for their use in the framework of their own transport activities;

(3) a railway infrastructure exclusively for local, tourist or historical use;

4) railway vehicles intended solely for local or tourist use, or of historical vehicles not moving on the railway network.

2. The rail system is divided into subsystems:

1) structural:

(a) infrastructure,

(b) energy,

(c) control-side-side equipment,

(d) control-deck equipment,

(e) rolling stock;

2. Functional:

(a) rail traffic,

(b) maintenance,

(c) telematics applications for passenger services and for freight services.

3. The detailed scope of the subsystems referred to in paragraph 1. 2, specify the TSIs.

Article 25b. [ Adequate application of the provisions of the Act on the system of conformity assessment and market surveillance] 1. To assess the conformity of subsystems, accreditation, authorisation and notification in this respect, and to verify the fulfilment of the essential requirements for the interoperability of the rail system, as well as the procedures for these subsystems, shall apply mutatis mutandis. the provisions of Article Paragraphs 1, 3, 9, 11, 14 and 24 to 27 and Chapters 4, 5 and 7, excluding Article 4, shall be excluded. 35, art. 74, art. 75 and art. 79 of the Act of 13 April 2016. concerning the systems for conformity assessment and market surveillance, including that the provisions in those provisions are referred to as 'placing on the market' or 'withdrawal from the market', it shall be understood as 'release into service' or 'decommissioning' respectively.

2. To assess the conformity of the interoperability constituents, accreditation, authorisation and notification in this respect, and to verify the fulfilment of the essential requirements for the interoperability of the rail system, as well as the procedures for those components interoperability, the provisions of the Article shall apply. 4 paragraphs 1, 3, 9, 11, 14 and 24-27, Article 8 ust. 3 and 4 and Chapters 4, 5 and 7, excluding Art. 35, art. 74, art. 75 and art. 79 of the Act of 13 April 2016. concerning the systems for conformity assessment and market surveillance, including that the provisions in those provisions are referred to as 'placing on the market' or 'withdrawal from the market', it shall be understood as 'release into service' or 'decommissioning' respectively.

Article 25c. (repealed)

Article 25ca. [ Assessment of compliance with the essential requirements for interoperability of the rail system] 1. When assessing conformity with the essential requirements for the interoperability of the rail system, the subsystems and the interoperability constituents shall be subjected to:

1) certification,

2. tests,

3. verification of compliance with the essential requirements for the interoperability of the rail system

-by a notified body.

(2) It is not applicable that the subsystems or interoperability constituents for which documentation has been drawn up confirming that the essential requirements for the interoperability of the rail system in other Member States of the European Union have been completed, are not applicable comply with the essential requirements for the interoperability of the rail system, as laid down in the current provisions relating to the essential requirements for the interoperability of the rail system, if the conformity assessment has been carried out on TSI-based

(3) The CE marking shall be affixed to the interoperability constituents for which, after obtaining an EC certificate of conformity or suitability for use of an interoperability constituent, an EC declaration of conformity or suitability for use has been issued. an interoperability constituent only where the obligation to label is due to the provisions in force in the European Union relating to the essential requirements for the interoperability of the rail system.

4. The entities referred to in art. 25cb par. 3 and art. 25cc ust. 8, the technical documentation relating to the subsystem and the interoperability constituent and the mileage and results of the assessment of compliance throughout the life of the subsystem or interoperability constituent are to be kept.

5. The EC verification of the subsystem shall be mandatory prior to submitting an application for authorisation to operate the subsystem in the rail system.

6. After obtaining a permit for placing in service of the subsystem the President of UTK, in the course of its operation, may check the fulfilment of the safety requirements contained in the TSI or the provisions issued on the basis of art. 25t in case of:

1) infrastructure-in the framework of issuing security authorizations, in accordance with art. 18a, and checking compliance with the requirements of security authorizations,

2) vehicles-in the framework of issuing a safety certificate, in accordance with art. 18b, and check the fulfilment of the requirements contained in the security certificate

-applying the assessment and verification procedures laid down in the TSI or the provisions adopted on the basis of art. 25t.

7. The manufacturer of the subsystem or his authorised representative, administrator, railway carrier, operator, importer, modernisation contractor, investor or procuring entity shall attach the conformity assessment documentation to the EC declaration of verification the subsystem which it sends to the President of UTK and to the competent authority of any Member State of the European Union that will so request.

8. The documentation and correspondence relating to the conformity assessment submitted to the President of UTK shall be drawn up in Polish.

Article 25cb. [ EC verification procedure for the subsystem] 1. The notified body shall carry out the EC verification of the subsystem with the essential requirements for the interoperability of the rail system specified in the provisions issued on the basis of art. 25this paragraph 1.

2. The manufacturer of the subsystem or his authorised representative, the manager, the Railway Undertaking, the authorising officer, the importer, the contractor of the modernisation, the investor or the contracting entity, shall request the notified body of its choice for the request to carry out the on the basis of the EC TSI verification of the subsystem with the essential requirements for interoperability of the rail system.

3. The manufacturer of the subsystem or his authorised representative, the manager, the railway carrier, the authorising officer, the importer, the contractor of the modernisation, the investor or the contracting entity is obliged to provide the President of UTK with information about the initiation of the procedure the EC verification of the subsystem with the essential requirements for the interoperability of the rail system within 14 days from the date of signature of the contract with the notified body.

4. The notified body shall carry out the EC verification of the subsystem with the essential requirements for the interoperability of the rail system, including the interfaces of the subsystem in question with the system to which it is included in the stage:

1) design,

2) construction,

3) end subsystem attempts

-on the basis of the information contained in the TSI and the register of infrastructure and the European register of authorised types of vehicles.

5. At the request of the manufacturer of the subsystem or of his authorised representative, administrator, railway operator, authorising officer, importer, upgrading contractor, investor or contracting entity, the subsystem may be divided into specific parts or check its conformity with the essential requirements for the interoperability of the rail system at certain stages of the EC verification procedure. The verification of compliance with the essential requirements for the interoperability of the rail system may also be carried out for a particular part of the subsystem at a certain stage of the procedure.

5a. After carrying out the activities referred to in paragraph. 5, if the essential requirements for the interoperability of the rail system are met, the notified body shall issue an EC intermediate certificate of verification of the subsystem.

5b. On the basis of the EC intermediate certificate of verification of the subsystem, the entity referred to in paragraph 1. 5, for which the certificate has been issued, shall issue an intermediate EC declaration of verification of the subsystem, accompanied by the technical documentation referred to in the provisions of Article 3 (1) (b) of the EC Treaty. 25this paragraph 1 point 4.

5c. The documents referred to in paragraph 1. 5a and 5b, refer to the relevant TSI (s) for which conformity assessment is concerned.

6. In the EC verification procedure of the subsystem, the notified body shall take into account the EC intermediate verification certificates of the subsystem and

1) the conformity of the subsystem with the project and the intermediate EC verification certificates of the subsystem, if previously issued;

2) (repealed)

3) whether the certificates referred to in point 1 take into account the requirements of the TSI;

4) the conformity of the whole subsystem with the essential requirements for the interoperability of the rail system as defined in the TSI and in the provisions issued on the basis of art. 25t;

5) completeness and correctness of the EC declaration of conformity or suitability for use of the interoperability constituent, together with copies of the EC certificates of conformity or suitability for use of the interoperability constituent for all components interoperability of the subsystem;

6) whether structures and equipment included in the list referred to in art. 22f par. Article 14 (2), which is part of the subsystem, has been put into service in accordance with the provisions of the Act;

7. all components of the subsystem not covered by the EC certificate of verification of the subsystem;

8) the results of the final subsystem attempts.

7. After the positive verification of the EC subsystem, the notified body shall issue an EC certificate of verification of the subsystem.

7a. If the notified body has not checked in whole or in part the conformity with all TSIs that apply to the subsystem concerned, the EC certificate of verification of the subsystem shall contain the exact reference to the TSI (s) or their parts with which the conformity has not been checked.

7b. On the basis of the EC certificate of verification of the subsystem, the manufacturer of the subsystem or his authorised representative, the manager, the railway carrier, the authorising officer, the importer, the contractor of the modernisation, the investor or the contracting entity shall issue a declaration the EC verification of the subsystem, to which the technical documentation referred to in the provisions of Article 4 (1) is attached. 25this paragraph 1 point 4.

(8) The notified body may issue an EC certificate of verification of the subsystem for a series of subsystems or certain parts of these subsystems only if the TSI allows it.

8a. If changes are made to the subsystem covered by the EC certificate of verification, the notified body involved in the EC verification of that subsystem shall perform only relevant and necessary tests and tests on those parts of the subsystem, that have changed, and their interfaces with the unaltered parts of the subsystem.

9. (repealed)

Article 25cc. [ Requirements met by interoperability constituents] 1. The interoperability constituents shall meet the following requirements:

1. are put into service where they enable interoperability to be achieved in the rail system while meeting the essential requirements for the interoperability of the rail system;

2. they shall be used in the area of use intended for them and shall be properly installed and maintained;

3. they have the EC declaration of conformity or suitability for use of the interoperability constituent with the essential requirements for interoperability of the rail system as defined in the TSI and in the provisions adopted on the basis of art. 25t.

2. The President of UTK shall not:

1) prohibit, restrict or impede on the territory of the Republic of Poland the release for the operation of the interoperability constituents forming an interoperable rail system, which meet the essential requirements for the interoperability of the system railways;

2) require checks which have already been carried out as part of the procedure for the assessment of conformity or suitability for use of the interoperability constituent specified in the provisions issued on the basis of art. 25this paragraph 1.

3. In order to issue an EC declaration of conformity or suitability for use of an interoperability constituent, the provisions set out in the TSI shall apply.

4. At the request of the manufacturer or his authorised representative, the notified body shall assess the conformity or suitability for use of the interoperability constituent with the essential requirements for the interoperability of the rail system. This assessment shall be made on the basis of the TSI corresponding to the subsystem to which the component belongs.

5. The EC declaration of conformity or suitability for use of the interoperability constituent shall conclude that the interoperability constituent meets the essential requirements for the interoperability of the rail system as defined in the European TSI or specifications. In the case of an interoperability constituent subject to other provisions of the European Union that covers the essential requirements for interoperability constituents interoperability of the rail system, this declaration shall also meet the requirements of the interoperability constituent. the requirements laid down in those provisions.

6. Where the manufacturer or his authorised representative does not issue an EC declaration of conformity or suitability for use of an interoperability constituent, that obligation shall lie with the undertaking introducing the interoperability constituent to the market. The same obligations also rest on each subject, which combines the interoperability constituents of different origins or produces them for their own needs.

7. After a positive assessment of the conformity of the interoperability constituent with the essential requirements for the interoperability of the rail system, the notified body shall issue an EC certificate of conformity or suitability for use of the component the interoperability of the manufacturer or his authorised representative. An EC declaration of conformity or suitability for use of an interoperability constituent shall be issued on the basis of that certificate.

8. The manufacturer of the interoperability constituent or his authorised representative or entity introducing interoperability constituents on the market shall be obliged to communicate to the President of UTK the EC declaration of conformity or suitability for use of the component interoperability before placing it on the market in the territory of the Republic of Poland.

9. Where an interoperability constituent holding an EC declaration of conformity or suitability for use of an interoperability constituent does not meet the essential requirements for interoperability of the rail system, the President of UTK shall suspend the EC certificate the conformity or suitability for use of the interoperability constituent and shall inform the European Commission and the other Member States of the European Union thereof.

10. Where the interoperability constituent covered by the EC declaration of conformity or suitability for use of the interoperability constituent and placed on the market does not meet the essential requirements for the interoperability of the rail system, the President of UTK shall, in way of decision:

1) limit the area of its use or

2) prohibits its use, or

3) orders to withdraw it from the market.

(11) If the President of UTK, taking into account compliance with the essential requirements for the interoperability of the rail system, determines, by decision, that the EC declaration of conformity or suitability for use of the interoperability constituent has been not properly drawn up, the manufacturer or his authorised representative established in the European Union or the entity placing it on the market is required to bring the interoperability constituent into conformity with the TSI and the cessation of the infringement under the conditions specified by the President of UTK.

12. Where the infringement referred to in paragraph 1 11, has not been removed, President of UTK, by decision:

1) restricts or prohibits the placing of the interoperability constituent on the market or

2) orders the withdrawal of it from the market.

13. In the cases referred to in paragraph. 10 and 12, the President of UTK shall immediately inform the European Commission of the measures taken and shall state the reasons for its decision, stating in particular whether the non-compliance is due to:

1) the lack of capacity to meet the essential requirements for interoperability of the rail system;

(2) the incorrect application of the European specifications, if they have been applied;

3) the inadequacy of European specifications.

(14) The procedure for assessing the conformity referred to in paragraph 1. 4, it shall not be carried out in the case of spare parts for subsystems authorised to be used on the date of entry into force of the TSI.

Article 25d. [ Establishment of a list of relevant national technical specifications and standardization documents] 1. In cases:

1. as referred to in Article 1. 25f or

(2) railway networks or parts thereof not covered by the application of the TSI, or

3) the types of equipment and types of structures referred to in art. 22f par. 1, not included in the relevant TSI as interoperability constituents, or

4) special and open points for which it is necessary to apply technical provisions not contained in the relevant TSI

-The President of UTK shall establish a list of relevant national technical specifications and standardization documents, the application of which allows the essential requirements for the interoperability of the rail system to be met.

2. The President of UTK shall update and forward to the Minister responsible for transport the list referred to in paragraph 1. 1:

1) whenever the list of relevant national technical specifications and standardization documents is amended or

2. after notification of the derogations referred to in Article 25f, or

3. after the publication of the TSI.

3. The list referred to in paragraph. 1, the minister responsible for transport shall transmit to the European Commission and, at its request, make available the full text of the national technical specifications indicated in that list.

4. The Minister responsible for transport shall not inform the European Commission of the rules and restrictions of the local nature. In the case of their introduction, information on those provisions and restrictions shall be entered in the Register of Infrastructure.

5. The Minister competent for transport may authorize the President of UTK to make on his behalf the activities referred to in the paragraph. 3 and 4.

6. In the cases referred to in paragraph. 1, the verification of the structural subsystem based on the national technical specifications and standardization documents shall be carried out by the notified bodies.

(7) If the structural subsystems are allowed to operate on a railway network or a part of it which is not covered by the obligation to apply the TSI, it is permissible to carry out EC verification procedures. National technical specifications and standardization documents referred to in paragraph 1. 1, within the scope of the TSI (s), shall not apply.

Art. 25e. [ Conditions for placing the structural subsystem into service] 1. The authorities and railway undertakings may operate only the structural subsystems, for which the President of UTK has authorised the placing in service.

1a. The structural subsystem can be allowed to operate in the rail system on the territory of the Republic of Poland if:

1) is built and installed in such a way that it meets the essential requirements for the interoperability of the rail system and is ensured by its compatibility with the existing rail system, which is composed of;

2. the interoperability constituents, from which it is built, are properly installed and used for their intended purpose;

3) equipment and structures included in the list referred to in Article 22f par. 14 point 2, which are included in its composition, have been put into service in accordance with the provisions of the Act.

1b. In the case of a structural subsystem that requires a new authorisation to be placed in service after the upgrade, the subsystem can be operated on the technical and operational parameters prior to its commencation. to obtain a permit for placing in service, however no longer than for a period of 9 months after the end of the upgrade. The detailed rules and conditions for this operation of the administrator shall be specified in its safety management system.

2. At the request of the manufacturer of the subsystem concerned or his authorised representative, the manager, the railway operator, the authorising officer, the importer, the investor or the contracting entity, the President of UTK shall issue the authorisation for placing in service the structural subsystem. The refusal to allow the structural subsystem to be put into service shall be made by decision.

3. The application referred to in paragraph. 2, the following shall be attached:

1) the EC declaration of verification of the subsystem;

2. the EC certificate of verification of the subsystem;

3) documentation of the EC verification of the subsystem;

4) copies of documents confirming the release into service of equipment or structures included in the list referred to in art. 22f par. 14 (2), which are part of the subsystem.

3a. In the cases referred to in Article 25d ust. 1 points 2 to 4 and Article 1 25f ust. 5 (1) and (2) and (2) 6 (1) where the interoperability constituents covered by the EC declaration of conformity or suitability for use of the interoperability constituent are not included in the subsystem, the provisions of paragraph 1. 1a points 2 and 3 Paragraphs 1 to 3 shall not apply.

4. The President of UTK before issuing a permit for placing in service of the structural subsystem checks its compliance with the TSI on operation and maintenance or the provisions issued on the basis of art. 25t.

4a. Documentation referred to in paragraph 1. 3 point 3 shall be subject to examination by the President of UTK for completeness.

5. The President of UTK shall not prohibit, restrict or impede the construction, placing in service and operation of structural subsystems constituting the rail system, which meet the essential requirements for the interoperability of the rail system. In particular, it may not require checks which have already been carried out:

1. as part of the procedure leading to the issue of the EC declaration of conformity or suitability for use of the interoperability constituent and the EC declaration of verification of the subsystem, as specified in the relevant TSI;

(1a) as part of the procedure leading to the issue of a certificate of entry into service of a type for equipment or structures included in the list referred to in Article 22f par. 14 (2) which are part of the subsystem;

2) in other Member States of the European Union in order to verify compliance with the same requirements, under the same operating conditions.

6. The President of UTK may require additional checks to be carried out when it finds that the structural subsystem covered by the EC declaration of verification of the subsystem accompanied by the technical documentation does not comply with the provisions issued on the basis of art. 25this paragraph 1, in particular, does not meet the essential requirements for the interoperability of the rail system as defined in the TSI.

(7) The President of UTK shall inform the Minister responsible for transport of the additional checks and shall state the reasons for their implementation. This information shall be transmitted by the Minister responsible for transport to the European Commission.

8. President of UTK, making the information referred to in paragraph. 7, specifies whether the fact of failure to achieve full compliance with the provisions issued on the basis of art. 25this paragraph 1 and with the essential requirements for the interoperability of the rail system as defined in the TSI shall be the result of:

1. failure to comply with the essential requirements for the interoperability of the rail system contained in the TSI or the incorrect application of the TSI;

2) the inadequacy of the TSI.

Article 25f. [ Exemptions from the application of the TSI] 1. The manufacturer of the subsystem or his authorised representative, administrator, railway carrier, authorising officer, importer, contractor of the modernisation, investor or contracting entity may request the President of UTK with an application for a derogation from the obligation application of TSIs in the case

1. publication of new TSIs at the time of:

(a) design or construction of a new subsystem or

(b) the upgrading or renewal of an existing subsystem or part thereof

-at an advanced stage of implementation or subject to contractual obligations;

(2) projects for the renewal or upgrading of an existing subsystem, where the load gauge, track gauge, track distance between track centres or the power supply system of that subsystem are not compatible with the TSIs relating to that subsystem;

3) projects concerning the renewal, extension or modernization of the existing subsystem-when the application of the TSI would undermine the economic viability of the project or the consistency of the railway network within the territory of the Republic of Poland;

(4) the need to restore the consistency of the rail network rapidly following a major accident or natural disaster, where, for economic or technical reasons, it is not possible to partially or fully apply the TSIs;

5) railway vehicles coming to or from countries other than the Member States of the European Union, in which the width of the track is different from that which is applied on the main railway network within the territory of the Republic of Poland.

2. The application referred to in paragraph 2. 1, documentation shall be attached in paper form and in the form of an electronic document containing:

1. a description of the works, equipment, structures, vehicles, software and services to which the derogation relates, to determine precisely the time limits for the implementation of the project to which the derogation applies, the technical characteristics, the geographical location and the technical scope and the operational impact on the rail system;

2. a reference to the TSIs to which the request for derogation applies;

3) a reference to the national technical specifications and standardization documents specified by the applicant, as indicated in the provisions issued on the basis of art. 25t;

4) in the case referred to in paragraph. 1 point 1, evidence that attests to the advanced stage of the project;

5. technical, economic, commercial, commercial, operational or administrative reasons indicating the need for a derogation;

6. other documents justifying the request for derogation.

3. The President of UTK shall inform the European Commission of the planned derogation, together with the documentation referred to in paragraph 1. 2, in paper form and in the form of an electronic document, as well as a description of the measures it plans to take in order to promote the final interoperability of the project. In the case of a non-significant derogation, this description shall not be required.

4. Once the information referred to in paragraph is transmitted. 3, the President of UTK suspends the proceedings on granting a derogation from the obligation to apply the TSI pending the opinion of the European Commission.

5. In the cases referred to in paragraph. 1 points 1 and 4, the President of UTK, by decision, may:

1) to grant a derogation from the obligation to apply the TSI after prior positive opinion of the European Commission, or

2. grant a derogation from the application of the TSI if the European Commission has not delivered an opinion within six months from the date of transmission of the complete dossier, or

3. refuse to grant a derogation from the obligation to apply the TSI, if it finds that the circumstances indicated in the paragraph are not applicable. 1 (1) or (4)

6. In the cases referred to in paragraph. 1 points 2, 3 and 5, the President of UTK, by decision, may:

1. to grant a derogation from the obligation to apply the TSI if the European Commission:

(a) it has delivered a favourable opinion, not later than six months after the date of transmission of the complete dossier, or

(b) has not delivered an opinion within six months of the date on which the complete dossier was forwarded to it, or

2. refuse to grant a derogation from the obligation to apply the TSI:

(a) after having obtained a negative opinion from the European Commission, issued not later than 6 months after the date of transmission of the complete dossier, or

(b) if it finds that the circumstances referred to in paragraph 1 above do not exist. 1 points 2, 3 or 5.

7. Notwithstanding the submission of the application referred to in paragraph. 1, the President of UTK shall transmit to the European Commission, within one year from the date of entry into force of each TSI, a list of projects conducted on the territory of the Republic of Poland and being at an advanced stage of implementation.

Article 25g. [ Register of Infrastructure] 1. The President of UTK shall run the National Infrastructure Register (RINF) in electronic form, in accordance with the provisions issued by the European Commission concerning the common specification of the register of railway infrastructure.

2. The National Infrastructure Register (RINF) shall collect data enabling the identification of railway sivings and certain parts of the railway infrastructure, together with an indication of the characteristics and technical characteristics of the structural subsystems, of which these parts are composed.

3. The Management Board and users of railway siding are required to communicate to the President of UTK data on railway infrastructure managed by them and railway siding, which are subject to publication in the National Infrastructure Register (RINF).

4. The Minister responsible for transport shall determine, by means of a regulation:

1) conditions, form and mode of transfer of the President of UTK by the liquidators and users of the siding of the railway data subject to publication in the National Infrastructure Register (RINF);

2. mode of operation of the National Infrastructure Register (RINF), including:

(a) the manner in which the records are entered, the changes to the records concerned and their deletion from the national infrastructure register (RINF),

(b) the frequency of updates to the register data in the national infrastructure register (RINF);

3) the model of the national infrastructure register (RINF), the detailed scope of the register data contained therein and its functional and technical description, including a description of the format of the registry data and the requirements for its operation.

5. By issuing the regulation referred to in paragraph 1. 4, account shall be taken of:

1) the European Union's rules on national registers of infrastructure;

2. the need to guarantee consistency in terms of the content of the data and their format with registers kept by managers in other Member States of the European Union;

3) the technical and operational parameters of railway infrastructure and railway siding included in the National Infrastructure Register (RINF).

Art. 25ga. [ National rail vehicle register] 1. A national register of railway vehicles operated by the President of UTK should include in particular:

1) information on the EC declaration of verification of the subsystem and the designation of the entity that issued it;

2. European Vehicle Number (EVN);

3. the identity of the owner of the railway vehicle and of the authorising officer;

4) information on the restrictions on the use of the railway vehicle;

5) the designation of the entity in charge of maintenance of the railway vehicle (ECM);

6. references to the European register of types of railway vehicles operated by the Agency.

2. Access to data from the national register of railway vehicles have the entities specified in the regulations issued by the European Commission concerning the common specification of the national register of railway vehicles [ 5] , except:

1) President of UTK as a recording entity on the territory of the Republic of Poland-has unlimited access to reading and the possibility of making changes to the records data;

(2) the holder who understands the authorising officer, in accordance with the provisions of Article 4 (2). 4 point 6b-has access to read data on the vehicles of which it is available and the possibility of updating them;

3) the railway undertaking through which the railway carrier is understood, in accordance with art. 4 point 9-shall have access to the reading of the data on the basis of the number of the railway vehicle, with the exception of the data concerning the owner of the vehicle, and the possibility of updating

(4) The State Commission for the Study of Railway Accidents and the Minister responsible for Transport-shall have unrestricted access to the reading of all data relating to the vehicles to be checked or audited and the possibility of updating them.

3. Dissponsor is obliged to inform the President of UTK of any changes to the data concerning the railway vehicle registered in the national register of railway vehicles in the scope of the data covered by this register, including the existence of the claimant's circumstances the need to remove a railway vehicle from the register of railway vehicles.

4. The Minister responsible for transport shall determine, by means of a regulation:

1) how to keep a national register of railway vehicles, including the way of booking and granting a European vehicle number, making changes to the records data and the way of plotting a railway vehicle from that register;

2) the model of the national register of railway vehicles and its functional and technical description, including a description of the data format and the requirements for its functioning;

3) the model of the application referred to in art. 23a ust. 1 point 1;

4) the model of the report referred to in art. 23a ust. 1 point 2.

5. By issuing the regulation referred to in paragraph 1. 4, account shall be taken of:

1) common guidelines and findings of the European Commission concerning the national register of railway vehicles;

2. the need:

(a) to ensure consistency in terms of the content of the data and their format with the registers of other Member States of the European Union,

(b) ensure that representatives of the competent authorities and interested parties are duly accessible to the data contained in the register,

(c) to harmonise and streamline the procedures applied so far in this respect.

Art. 25h. [ Authorization] 1. The President of UTK, by means of a decision, shall authorize the conformity assessment bodies of the applicants, in accordance with the Act of 13 April 2016. concerning the systems of conformity assessment and market surveillance.

2. The President of UTK may, by decision, suspend the authorization, limit its scope or withdraw the authorization in the event of a finding of violation of the conditions of authorization referred to in art. 28 para. 1 or 3 of the Act of 13 April 2016. the system of conformity assessment and market surveillance, or failure to fulfil the obligations referred to in Article 30 and Art. 32-34 of this Act, depending on the nature and importance of the infringement. The limitation of the scope, suspension or revocation of an accreditation which forms the basis of authorisation shall result in the scope, suspension or revocation of the authorization, as appropriate.

3. The President of UTK informs the President of the Office of Competition and Consumer Protection with restriction or revocation of authorization.

Art. 25i. [ Notification of authorized conformity assessment bodies] 1. The President of UTK shall give the notification of the authorized conformity assessment bodies.

2. In the event of a decision referred to in art. 25h ust. 2, the President of UTK shall suspend the notification, limit its scope or revoke the notification and shall inform the European Commission and the Member States of the European Union of the decision taken.

Article 25j [ Supervision of the activities of notified bodies] 1. The President of UTK shall exercise supervision over the activities of the notified bodies. The supervision of the activities of the notified bodies shall also include the conformity assessment activities entrusted to the performance of the entities referred to in Article. 33 (1) 1 of the Act of 13 April 2016. concerning the systems of conformity assessment and market surveillance.

2. The President of UTK may entrust some of the supervisory tasks referred to in the paragraph. 1, the Polish Centre for Accreditation in agreement with its director.

3. The President of UTK shall ensure the confidentiality of the information it receives from the notified bodies.

Article 25k [ Periodic checking of the end-of-life subsystems] 1. The President of UTK, taking into account technical considerations, shall periodically check the subsystem authorised for operation within the scope of the conditions mentioned in art. 25e ust. 1 and the essential requirements for the interoperability of the rail system relating to the operation and maintenance of the subsystem.

2. In cases of modernisation of the structural subsystem of the manager or the railway carrier, it shall send the President of UTK the documentation describing the project together with the assessment of the significance of the change made, carried out in accordance with the European Commission regulations concerning the common safety assessment method in the field of valuation and risk assessment.

3. In the case of renewal of a structural subsystem covered by the essential requirements for the interoperability of the railway system, the manager or the railway carrier shall inform the President of UTK of the scope of the work.

4. President of UTK, taking into account the documentation and assessment of the significance of the change referred to in the paragraph. 2, technical considerations, the safety criteria of the rail system and the strategy for implementing the relevant TSI, within a period of not more than 4 months, shall issue a decision stating whether, in relation to the intended scope of work, it is necessary to obtain a new Allow for placing in service for the structural subsystem after the upgrade.

5. The President of UTK orders the acquisition of a new authorisation for placing in service for the structural subsystem after the upgrade, if the scheduled work can negatively affect the level of safety of the subsystem.

5a. In the case of a decision ordering the acquisition of a new authorisation for placing in service of the structural subsystem after the modernisation, the President of UTK shall specify the degree of application of the TSI to the upgrading of the subsystem.

(6) If a new authorisation for placing in service of a subsystem is required and if the TSI has not been fully applied, the President of UTK shall communicate to the European Commission the following information:

1) reasons for not fully applying the TSI;

2) documents containing technical parameters used instead of TSI;

(3) the bodies responsible for carrying out the EC verification procedure of the subsystem.

Article 25l. [ Inspections charges] 1. In the case of a finding as a result of an inspection that the subsystem or interoperability constituent does not meet the essential requirements for the interoperability of the rail system, the fees related to the tests shall be borne by the entity for which it has been that this check is performed.

2. The fees referred to in paragraph. 1, shall be determined on the basis of reasonable costs of testing, taking into account the type of subsystem or interoperability constituent examined and the complexity and extent of the tests carried out.

2a. The fees referred to in paragraph 1, establishes the President of UTK, by means of the order for which the complaint is intended.

3. The fees referred to in paragraph. 1, constitute the revenue of the State budget.

4. In the case of a finding as a result of an inspection that the subsystem or interoperability constituent meets the essential requirements for interoperability of the rail system, the fees related to the tests shall be borne by the State budget.

5. To the fees referred to in paragraph. 1, the provisions on enforcement proceedings in the administration shall apply.

Art. 25m. [ Issue of a decision to prohibit the use of a subsystem or an interoperability constituent] 1. Where, as a result of the inspection, the President of UTK determines that an interoperability constituent or subsystem does not meet the essential requirements for the interoperability of the rail system, may, by decision, for a period of not more than 3 months, prohibit the operation of the subsystem or interoperability constituent.

2. In the event of the opening of proceedings for the operation of a subsystem or an interoperability constituent not complying with the essential requirements for interoperability of the rail system, the President of UTK may, by decision, extend the prohibition in question in paragraph 1, pending the termination of the proceedings.

3. Where the President of UTK determines that an interoperability constituent or subsystem meets the essential requirements for rail interoperability, the President shall repeal the decision referred to in paragraph 1. 1.

Article 25n. [ Defining the party to the proceedings conducted by the President of UTK] 1. The party of the proceedings shall be the entity that undertook the operation of the structural subsystem without obtaining from the President of UTK the authorisation for placing in service or for which the President of UTK issued the authorisation for placing in service a subsystem which does not comply with the essential requirements for the interoperability of the rail system and in respect of which the procedure has been initiated.

2. The social organization may be requested to allow it to participate in the proceedings only if the entity party to the proceedings is a member of that organization.

Article 25o. [ Subject authorised to control notified bodies] 1. The President of UTK shall be entitled to control the notified bodies.

2. The control activities shall be carried out after the presentation of the official ID card and the service of the authorization issued by the President of UTK, which shall contain at least:

1) an indication of the legal basis;

2. designation of the control authority;

(3) the date and place of issue;

4. the name of the official of the control authority authorized to carry out the checks and the number of his official ID card;

5) the company of the entrepreneur under control;

6. determination of the scope of the control concerned;

7) indication of the start date and the expected date of completion of the check;

(8) the signature of the person granting the authorisation, stating the position or function of the person concerned;

9) lecture on the rights and obligations of the controlled entrepreneur.

3. Persons authorized by the President of UTK to carry out checks shall be entitled to:

1) admission to the premises, premises and premises of a notified body in the days and hours of its work;

2) requests for oral and written explanations and the presentation of documents relating to the activities covered by the notification;

3) the request, within the prescribed period, of the written and oral explanations of the matters covered by the scope of the review.

4. Control activities shall be carried out in the presence of the controlled person or the person authorized by him.

(5) A protocol shall be drawn up and presented to a notified body of the notified body.

6. (repealed)

Art. 25p. [ Charges for the actions of the President of UTK] 1. For acts of the President of UTK connected with:

1. the authorization of the conformity assessment bodies,

2) consideration of applications related to non-application of TSIs referred to in art. 25f ust. 2,

(3) the mandatory periodic checks referred to in Article 3. 25k ust. 1,

4) consideration of the cases referred to in art. 25k ust. 3

-the fees shall be levied.

2. The fees referred to in paragraph. 1, pays the applicant, and in the case referred to in paragraph. 1 point 3-the infrastructure manager or the railway carrier.

3. The fees referred to in paragraph. 1, constitute the revenue of the State budget.

4. The Minister responsible for transport in agreement with the Minister responsible for public finance shall determine, by means of a regulation, the method of setting the fees for the activities referred to in paragraph 1. 1, taking into account the reasonable costs of carrying out these operations.

5. The Minister responsible for transport in agreement with the Minister responsible for public finance may determine, by way of regulation, the maximum amount of the fees referred to in paragraph. 1, taking into account reasonable costs.

Art. 25r. [ Entities required to cooperate with the President of UTK] To provide the President of UTK with all the necessary documents and materials and to provide information, to the extent necessary to determine whether the subsystem meets the essential requirements for the interoperability of the rail system and rail safety, are required: the manufacturer or his authorised representative, the investor, the importer, the authorising officer, the operator, the carrier and the notified body.

Art. 25s. [ Information Obligation of Notified Bodies] 1. Notified bodies carrying out conformity assessment of interoperability constituents and subsystems shall be obliged to provide information, together with the justification, on suspended or revoked certificates of conformity of the President of UTK, and other notified bodies.

2. Notified bodies shall be obliged to publish on their websites, annually, by the end of the first quarter by the end of the first quarter:

1. the list of applications for:

(a) EC verification of the subsystem and of the intermediate verification of the EC subsystem,

(b) EC assessment of conformity or suitability for use of the interoperability constituent;

2) information about issued:

(a) the EC verification certificates of the subsystem and the cases where they are refused,

(b) indirect EC verification certificates of the subsystem and the cases where they are refused,

(c) EC certificates of conformity or suitability for use of the interoperability constituent and cases of refusal of their release.

Art. 25t. [ Delegation] The Minister for Transport shall determine, by way of regulation, for the railway system a list of the relevant national technical specifications and standardization documents, the application of which makes it possible to meet the essential requirements of the the interoperability of the rail system, taking into account the requirements necessary to ensure the safe and unimpeded movement of trains in the rail system and the list of the President of UTK referred to in Article 25d ust. 1.

Art. 25ta. [ Delegation] 1. The Minister responsible for transport shall determine, by way of regulation, for the rail system:

1. list of interoperability constituents for subsystems;

2. essential requirements for the interoperability of the rail system for subsystems and interoperability constituents;

3. conditions for carrying out EC verification of the subsystem;

(3a) conditions for issuing and updating the EC declaration of verification of the subsystem;

4) the content of the EC declaration of verification of the subsystem and intermediate declaration of the EC verification of the subsystem and the scope of the technical documentation attached to those declarations;

5) the procedures for the verification of railway vehicles not in conformity with the TSI and the content of the declaration of the verification of the railway vehicle not in conformity

6) the content of the EC declaration of conformity or suitability for use of the interoperability constituent;

7) a list of parameters of the railway vehicle to be checked in order to allow for the operation of railway vehicles not complying with the TSI;

8) a list of the entities entitled to carry out the tests necessary for the placing in service of railway vehicles not complying with the TSI.

2. By issuing the regulation referred to in paragraph 1. 1, account shall be taken of:

1. existing TSIs;

2) the requirements necessary to ensure the safe and unimpeded traffic of railway vehicles in the rail system;

3) the need to provide the notified body with all the information that is necessary for the proper conduct of the EC verification of the subsystem;

4) the need to attach to the EC declaration of verification of the subsystem of documents containing the technical characteristics of the subsystem and of the certificates and declarations made in the EC verification procedure of the subsystem;

5) the need to attach to an intermediate declaration of EC verification of a document subsystem containing the technical characteristics of all or part of the subsystem at the design or construction stage of the subsystem;

6) the need to carry out the procedures for the verification of railway vehicles not complying with the TSIs based on the modules of conformity assessment;

7. the need to indicate in the EC declaration the conformity or suitability for use of the interoperability constituent of the modules used to assess the conformity or suitability for use of the interoperability constituent with the essential requirements;

8) the need to carry out tests of parameters relating to the structure of the railway vehicle, its interaction with the railway track, as well as the devices, systems, systems and interfaces necessary to ensure the required level of safety;

9) the need to ensure the safety of transport of persons and things.

Chapter 4b

Working time of railway workers engaged in interoperable cross-border services

Art. 25u. [ Application of the provisions of the Collective Agreement to determine the working time of railway workers] 1. To the working time of railway workers engaged in interoperable cross-border services, i.e. train service members seconded to interoperable cross-border services for more than an hour a day, the provisions of the Collective Agreement between the European Transport Workers ' Federation (ETF) and the Association shall apply. European railways (CER) on certain aspects of the working conditions of mobile workers involved in the provision of interoperable cross-border services, annexed to Council Directive 2005 /47/EC of 18 July 2005 r. on the Agreement between the Association of European Railways (CER) and the European Transport Workers ' Federation (ETF) on certain aspects of the working conditions of mobile workers participating in an interoperable route cross-border services in the railway sector (Dz. Urz. EU L 195 of 27.07.2005, p. 15).

2. The provisions of the collective agreement referred to in paragraph. 1, shall also apply to the working time of railway workers engaged in interoperable cross-border services within the framework of cross-border passenger services, cross-border freight at a distance of not more than 15 kilometres from the border, and traffic between the border railway stations: Rzepin, Tuplice, Zebrzydowce.

3. Through the cross-border passenger transport referred to in paragraph 1. 2, shall be understood the voivodship passenger transport referred to in the provisions of the Act of 16 December 2010. public transport carried out in a cross-border area.

4. The provisions of the collective agreement referred to in paragraph. 1, also apply to the working time of railway workers performing interoperable cross-border services in trains which start and end up running on the territory of the Republic of Poland, and use the railway infrastructure of another foreign state, not stopping in its territory.

Article 25w. [ Disable the application of the provisions of the Labour Code To the extent governed by the collective agreement referred to in Article 4. 25u ust. 1, the provisions of the Labour Code shall not apply, unless the provisions are more favourable to the employee.

Chapter 5

(repealed)

Article 26. (repealed)

Article 27. (repealed)

Article 28. (repealed)

Chapter 5a

State Railway Accident Investigation Commission

Article 28a. [ Appointment and composition] 1. An independent, permanent State Commission for Railway Accidents Investigation, conducting the investigation of serious accidents, accidents and incidents, hereinafter referred to as 'the Commission', shall be operated by the Minister responsible for transport.

2. The Commission shall carry out its tasks on behalf of the Minister responsible for transport.

3. Members of the Commission shall be composed of steel members, including: the Chairperson, two alternates, the Registrar and the other members of steel.

(3a) The members of the Commission shall be entitled to pursue the proceedings referred to in Article 3. 28e (b) 1, 2 and 2a.

4. The Commission may also consist of ad hoc members appointed from the list of the Minister responsible for transport by the President of the Commission to participate in the proceedings.

5. The provisions of the Labour Code shall apply to the establishment and termination of the employment relationship to the permanent members of the Commission, subject to the provisions of this Act. The work contract shall be concluded on the day of appointment with the Member of the Commission.

6. The President of the Commission shall establish and refer to the Minister responsible for transport.

7. The Deputy Chairperson and the Registrar shall appoint and refer the Minister responsible for transport, on a proposal from the President of the Commission.

(8) The Member of the Commission shall establish and refer to the Minister responsible for transport, after consulting the President of the Commission.

(9) The Minister responsible for transport may, on a proposal adopted by an absolute majority of votes by the Commission, cancel a member of the Commission.

10. A Member of the Commission may be a person who:

1) is a Polish citizen and enjoys full public rights;

2) has full capacity for legal acts;

3) she was not punished for a crime committed intentionally;

4) meets the requirements in terms of education.

(11) The membership of the Commission shall expire on the death, failure to comply with the requirements laid down in the paragraph. 10 or acceptance of the resignation of a complex minister competent for transport.

12. The Commission may include specialists in the scope of:

1) conducting rail traffic;

2) design, construction and maintenance of railway lines, hubs and railway stations;

3. security and signalling devices for rail traffic and communications;

4) railway vehicles;

5) railway power engineering;

6. carriage by rail of dangerous goods.

(13) The experts of a given range shall be regarded as having higher education, the appropriate powers and at least five years of practice in the field.

13a. The Commission shall adopt resolutions in the form of a resolution.

14. Members of the Commission shall adopt the resolution referred to in Article 14. 28l par. 1, they shall be guided by the principle of free assessment of evidence and shall not be bound by any recommendation as to the content of the resolutions to be taken.

15. In the case of the Commission examining a serious accident, the accident or incident shall not include ad hoc members employed in organisational units, whose railway infrastructure, employees or railway vehicles participated in the event.

16. The ad hoc Members of the Commission shall be entitled to the remuneration determined in the civil-law agreement.

(17) A Member of the Commission may not act as a witness and expert before a court or other body in matters brought by the Commission.

(18) In the Commission's work, they shall participate, where appropriate, by experts, as well as staff members.

(19) The experts for participating in the work of the Commission and the drawing up of opinions or experts shall be entitled to the remuneration laid down in the civil-law agreement.

Article 28b. [ Working time of the standing member of the Commission] 1. Until the working time of a permanent member of the Commission shall apply the provisions of the Labour Code, subject to the provisions of this Act.

2. The period of working time of the Members of the Commission's permanent members shall not exceed 1 month.

3. The work time distribution shall be fixed for a period of not less than 2 weeks, and in the event of a serious accident, accident or incident-on an ongoing basis.

4. In the event of a serious accident, an accident or an incident, the daily working time of a member of the Commission may be extended to 16 hours.

5. The period of rest after the extension of the working time referred to in paragraph. 4, shall not be less than 8 hours, rest of the rest period which is the difference between the number of hours worked and the number of hours of rest granted shall be granted to the member of the Commission within 7 days of the end of the work in the extended daily period. Working time dimension.

6. In the event of a serious accident, accident or incident, the rest referred to in art. 133 of the Labour Code, may be granted within 7 days from the day on which this rest was provided.

7. Member of the Commission shall remain outside the normal working hours in readiness to undertake research activities (on call). For on-call time at home, a remuneration shall be payable in the amount resulting from the number of hours remaining on duty, multiplied by 30% of the hourly rate resulting from the remuneration of the Member of the Commission's essential member.

(8) At the time of notification of the need to accede to the research activities, a member of the Commission shall be obliged to take those steps without delay.

9. Travel time to the scene, calculated from the moment of notification to the member of the Commission of the need to accede to the examination of a serious accident, accident or incident until the arrival of the event, and the time of return from this place to the premises The committee or the place of residence shall be included in the working time.

(10) The Minister responsible for transport, on a proposal from the President of the Commission, may delegate a member of the Commission to carry out tasks outside the seat of the Commission. The period of secondment shall be determined by the

11. The members of the Commission shall not be subject to the provision of art. 151 ⁵ The second sentence of Paragraph 2 of the Labour Code.

Article 28c. [ Adequate application of the provisions of the Act on the staff of public offices] The provisions of Articles shall apply mutatis mutandis to the members of the Standing Commission 21-24, 26, 28, and 42 ¹ the Act of 16 September 1982. about employees of government offices (Dz. U. of 2013 r. items 269, of 2014 items 1199 and 2015 items 1220).

Article 28d. [ Measures to conduct and operate the Commission's activities] 1. The Minister responsible for transport shall ensure, from the part of the budget of the State of which he is the authorising officer, the means of carrying out the activities of the Commission and its service, including in particular the remuneration of the permanent members, the ad hoc members, the experts, service staff and technical equipment, training costs, translation costs, the conduct of its website, as well as costs for the chairman of the committee on expertise, studies and analyses, the cost of publishing materials, and provide the appropriate resources necessary for the proper implementation of the Commission's tasks.

2. The services of the Commission shall be handled by the appropriate organisational cells of the office serving the minister responsible for transport.

(3) The Minister responsible for transport shall determine, by means of a regulation, a model for the identity of the Member of the Commission, having regard to the particulars necessary for the identification of those persons.

4. The Minister responsible for transport shall determine, by way of order, the Rules of Procedure of the Commission, the number of its permanent members and the organisational structure, taking into account the nature of the tasks it performs and the need to ensure appropriate the resources necessary for the proper implementation of the Commission's tasks.

Article 28e. [ Commission Tasks] 1. The Commission shall conduct the proceedings after any serious accident.

2. the Commission may carry out an accident or an incident which, in a slightly different situation, would be serious accidents resulting in the cessation of the structural subsystems or the interoperability constituents the trans-European rail system.

2a. The Commission may conduct proceedings in respect of an accident and an incident other than those referred to in paragraph 1. 2, if it has been in the circumstances justifying such a study.

3. The decision to proceed with the proceedings concerning the accident or incident referred to in the paragraph. 2 and 2a, shall be taken by the President of the Commission, taking into account:

1) the gravity of the accident or incident;

2) whether the accident or incident creates a series of accidents or incidents relating to the system as a whole;

3) the impact of the accident or incident on rail safety at Community level;

4) the conclusions of the liquidators, railway undertakings, the minister competent for transport, the President of UTK or the Member States of the European Union.

3a. The decision to proceed with the accident or incident referred to in paragraph 1 shall be taken into question. 2, the President of the Commission shall take no later than one week from the day on which the information on their existence is obtained.

4. Within a week from the date of the decision to initiate the procedure, the Commission shall inform the Agency, stating the date, time and place of the event, as well as its nature and effects, including the fatalities, injuries and injuries sustained by the injured and Material losses incurred.

Article 28f. [ Conducting proceedings by the Commission] (1) The scope of the procedure and the procedure shall be determined by the Commission in accordance with the proposals it intends to obtain from a serious accident, accident or incident in order to improve safety, taking into account the provisions of Article 3 (1 28h, 28j and 28k.

2. The proceedings shall be carried out by the Commission independently of any criminal proceedings conducted at the same time or other proceedings aimed at determining the fault or liability. Such proceedings shall not prevent or delay the examination of a serious accident, accident or incident carried out by the Commission.

3. The Commission's proceedings do not resolve the blame or liability.

Article 28g. [ Entities required to report accidents] 1. The authorities, railway undertakings and users of railway siding shall be obliged to immediately report serious accidents, accidents and incidents to the Commission and to the President of UTK.

2. The President of UTK shall inform the Commission of the cases and incidents referred to in art. 28e (b) 2, which, in its assessment, fulfil the conditions laid down in that provision.

Article 28h. [ Actions to be taken in the event of a proceeding] 1. In the case of taking the proceedings referred to in art. 28e (b) 1, 2 or 2a, the Commission shall, as soon as possible, accede to:

1) the examination of the condition of the existing railway infrastructure, including signalling and signalling devices and signalling equipment and railway vehicles;

2) security of documentation relating to a serious accident, accident or incident;

3) the security of the data recorded by the recording equipment in order to subject them to the tests or analyses;

4) interrogation of train personnel and other railway workers involved in a serious accident, accident or incident and other witnesses or have access to the results of the hearings.

2. Members of the Commission shall, on presentation of the legitimacy of a Member of the Commission, be authorised to:

1) access to the place of the accident or incident, the railway vehicles, their wrecks and the contents and the equipment and buildings associated with the operation of the railway traffic;

2) access to the logs of the visual inspection and the opening of the corpses of the death toll of serious accidents;

3) access to the flight recorders and their readings, as well as other records;

4) access to all the information relevant to the proceedings, including those held by the administrator, the railway carrier, the user of the railway siding and the Office of Rail Transport;

5) requests from related to a serious accident, accident or incident of organizational units of assistance in conducting the proceedings and providing the necessary materials and expert opinions;

6. hearings of persons;

7) entrance to the railway area;

8) driving in the cabin of motorized railway vehicles;

9) inspections of managers, railway operators and users of railway siding in matters of rail traffic safety as a result of the arisen event.

2a. Experts participating in the work of the Commission shall enjoy the powers conferred on the members of the Commission as referred to in paragraph 2. 2, upon presentation of an appropriate authorization issued by the President of the Commission, to the extent specified therein.

(3) The Commission should, after carrying out the necessary tests and operations, enable the manager to make the railway infrastructure available to the railway traffic as soon as possible.

4. In order to ensure the confidentiality of the investigation into the serious accident, accident or incident received by the Commission:

1) evidence from the hearing of persons and other documents drawn up or received by the Commission in the course of the examination of a serious accident, accident or incident,

2) records revealing the identity of persons heard in the course of the investigation of a serious accident, accident or incident,

3) information on the persons who participated in a serious accident, accident or incident, having the character of information particularly protected or private, including information concerning their health status

-may not be made available by the Commission or the procedural authorities in criminal proceedings, or any other body conducting proceedings for the purpose of determining liability or fault.

5. Providing the evidence, documents, records and information referred to in the paragraph. 4, may be made only for the purposes of the preparatory, judicial, judicial-administrative or other proceedings with the consent of the court, if the court finds that the overriding social interest justifies their disclosure. The competent to recognize the case is the District Court in Warsaw.

Article 28i. [ Submission of an application for expert opinion by an entity situated in another Member State] If necessary, the Commission may ask the bodies investigating serious accidents, accidents or incidents in other Member States of the European Union or the Agency to carry out an expert study, technical studies, analyses and assessments.

Article 28j. [ Property of the Commission in case of impossibility of an accident site] 1. Where it is not possible to determine in which country a serious accident, accident or incident occurred, or if it happened at or near the border, the Commission shall agree with the competent bodies conducting the proceedings in the case serious accidents, accidents or incidents in other Member States of the European Union, who are involved in the proceedings, or agree to conduct proceedings in cooperation.

2. In the case of proceedings by the Commission, the entity to which the arrangements referred to in paragraph 1 have been carried out have been carried out. 1, shall have the right to participate in the proceedings and to obtain its full results.

3. The Commission invites the parties to participate in the proceedings to investigate serious accidents, accidents or incidents from the Member States of the European Union, to which railway undertakings have been involved in a serious accident, accident or accident. incident.

Article 28k. [ How to conduct the procedure by the Commission] (1) The Commission shall conduct the procedure in such a way as to allow the participants, witnesses and other interested parties to be heard, and give them access to the results of proceedings.

2. The Commission shall inform the competent administrator and the railway operator, the President of UTK, the body conducting the preparatory proceedings, the victims, the persons close to the mortal victims, the owners of the destroyed property, and the conduct of the proceedings and its progress. producers, emergency services and other interested parties, where possible, enabling them to submit an opinion on the proceedings and to submit comments on the draft reports.

Article 28l. [ Report of the procedure] (1) The Commission shall draw up a report of the procedure containing recommendations for the improvement of safety and the prevention of major accidents, accidents or incidents and adoption of a resolution in this respect.

2. Recommendations on the improvement of safety and the prevention of serious accidents, accidents or incidents shall not include the determination of guilt or liability.

3. The Minister responsible for transport shall determine, by means of a regulation, the content of the report on the handling of serious accidents, accidents or incidents, taking into account the consequences of serious accidents, accidents or incidents.

4. The Commission shall submit a report on the proceedings:

1. The Agency;

2. the entities referred to in Article 28k ust. 2, as well as interested parties in other Member States of the European Union-at their request.

5. The Commission shall publish a report of the proceedings as soon as it is drawn up, but not later than 12 months from the date of the event.

(6) The Commission shall draw up an annual report on the work of the Commission in the previous year, containing recommendations made in respect of the improvement of safety and the action taken in accordance with those recommendations, and shall send it to the Agency. The annual report shall be advertised and sent to the Agency no later than 30 September.

7. The Commission shall announce the reports referred to in paragraph 1. 1 and 6, by means of a notice, in the official gazette of the minister responsible for transport.

8. The recommendations referred to in paragraph. 1 and 6, shall be addressed to the President of UTK, and in justified cases to other interested parties, including entities in other Member States of the European Union.

8a. The President of UTK makes an analysis of the recommendations addressed to him, taking into account the need to ensure a systemic approach to safety management and risk minimisation in rail transport.

8b. The President of the UTK may take account of the recommendations and accept them, either in whole or in part, to implement the managers, railway undertakings or other entities whose activities have an impact on the safety of rail traffic and the safety of the operation of the railways, subject to regulations on the basis of the The President of UTK shall inform the Commission of the manner in which it is recommended.

9. The President of UTK shall exercise supervision over the implementation of the recommendations by the entities referred to in paragraph. 8b.

9a. The entities referred to in paragraph 1. 8b, determine the planned procedure for further handling of the recommendation, taking into account the criteria referred to in paragraph 1. 8a and, where appropriate, the solutions adopted in their safety management systems or other management systems.

9b. The entities referred to in paragraph 1. 8b, inform the President of UTK about the planned procedure with the recommendation, indicating his justification.

9c. If the proposed procedure does not meet the criteria referred to in paragraph 1 above, 8a, the President of UTK and the entities referred to in paragraph. 8b, if necessary, with the participation of the Commission, shall cooperate with a view to reaching an agreement specifying a different procedure for dealing with the recommendation.

9d. In the absence of a procedure with the recommendation referred to in paragraph. 9a, or failure to reach agreement on how to implement it, the President of UTK may, by decision, impose an obligation to implement the recommendation taking into account the criteria referred to in paragraph 1. 8a, and the solutions referred to in paragraph. 9a. The President of UTK indicates in the decision the deadline and manner of implementation of recommendations.

(10) The subjects concerned by the recommendation shall submit annually, by 1 April, to the Commission and the President of UTK, information on the implementation of the recommendations and on the measures taken and the measures taken to implement those recommendations.

(11) The President of UTK shall submit annually to the Commission, by 30 April, information on the implementation of the recommendations made by the Commission in the previous year and on the measures taken to implement those recommendations.

Art. 28m. [ Conducting the proceedings by the railway committee] 1. Conduct in cases of accidents and incidents shall be carried out by the railway commission.

2. In the event that the Commission takes the case of an accident or an incident referred to in art. 28e (b) 2 or 2a, the railway committee shall send the Commission the conduct of the proceedings.

3. The railway committees shall include, in particular, representatives of railway undertakings or managers whose employees or railway vehicles have been involved in a serious accident, accident or incident, or whose railway infrastructure is linked to This is a serious accident, accident or incident.

4. (repealed)

Article 28n. [ Delegation] The Minister responsible for transport will determine, by way of regulation, the way in which serious accidents, accidents and incidents are notified, the manner in which the chairman of the railway committee is to be appointed and the way in which the proceedings are conducted and the working procedure of the committee In view of the need to reduce the consequences of major accidents, accidents and incidents.

Article 28o. [ Disable] The provisions of Chapter 5a shall not apply to the liquidators referred to in Article 3. 18 (1) 2, and the railway undertakings referred to in art. 18 (1) 3.

Chapter 5b

Railway services of a public nature

Article 28p. [ Inclusion of public service contracts] Public service contracts shall be concluded by the organisers of public transport by rail only on the basis of and within the scope set out in the transport plans in force.

Art. 28pa. [ Opinion of the draft transport plan] 1. The President of UTK gives an opinion on the draft transport plan, within the scope of rail passenger services, within 21 days from the date of its service.

2. The organizer of the public railway transport shall submit to the President of UTK the draft transport plan before its resolution or release together with the documentation constituting the basis of assessment of the conditions referred to in art. 12 (1) 2 of the Act of 16 December 2010. public transport of collective transport, to the extent defined by the President of UTK.

3. Failure to take a position within the time limit referred to in paragraph. 1, is considered to be a positive opinion of the draft transport plan.

Article 28pb. [ The opinion of the draft public service contract in the field of rail passenger services] 1. The President of UTK gives an opinion, in terms of compliance with the transport plan, the draft contract for the provision of public service in the field of rail passenger services, within 21 days from the date of its service.

2. The organizer of public railway transport shall submit to the opinion of the President of UTK the draft of the contract referred to in paragraph. 1, 30 days prior to the opening of the procedure for the award of the contract under the provisions of the Act of 29 January 2004. -Public procurement law (Dz. U. of 2015 items 2164 and 2016 items 831, 996, 1020, 1250 and 1265) or the opening of the procedure for the conclusion of a concession contract in accordance with the provisions of the Act of 9 January 2009. concerning works or services concessions (Dz. U. of 2015 items 113) or before the direct conclusion of the contract referred to in art. 22 par. 1 of the Act of 16 December 2010. public transport by collective transport.

3. Failure to take a position within the time limit referred to in paragraph. 1, it is considered to be a positive opinion of the draft public service contract in the field of rail passenger services.

4. The organizer of the public transport by rail shall send the President of UTK, confirmed for compliance with the originator by this organizer, a copy of the public service contract in the field of rail passenger services, within 7 days from the day its conclusion.

Chapter 5c

Open access for rail passenger services

Article 28q. [ Carriage of persons not being a public service] The carriage of passengers in rail transport which is not a public service capacity may be carried out by a railway undertaking on the basis of a decision to grant open access.

Art. 28r. [ Decision on the operation of the rail transport operator in open access] 1. The decision on the performance by the railway operator within the open access on a given route shall issue, for a fee, the President of UTK on the basis of the application submitted by the railway carrier, after carrying out an analysis of the impact of the activity the application to the economic conditions of the services provided on the same line under a public service contract.

1a. The parties to the agreement referred to in paragraph 1. 1, shall be obliged to provide the President of UTK, at any time of his request, within 30 days from the date of service of the request, documents, information and calculations necessary for carrying out the analysis referred to in paragraph. 1.

1b. The President of UTK may refuse to issue a decision to grant open access if it is established that the activity specified in the application by the railway carrier will affect the economic conditions of the services provided on the same line under the contract o the provision of public services, resulting in:

1) the increase in the level of compensation paid by the organiser to the operator of public transport by more than 10% in relation to the level resulting from the public service contract or

2) the disruption of the regularity of passenger services, taking into account the traffic volume on the railway line and the needs of travellers.

2. The decision to grant open access shall be issued for a period not exceeding 5 years.

3. The fee referred to in paragraph. 1, constitutes the revenue of the State budget.

Art. 28s. [ Content of the decision to grant open access] The decision to grant open access shall specify in particular:

1) the entrepreneur, his seat and address;

2) the railway line or the railway lines on which the transport operations are to be carried out in open access;

3) the period for which the decision was issued;

4) the conditions and scope of the use of access to the railway or railway lines.

Art. 28t. [ Withdrawal of the decision to grant open access] 1. The President of UTK withdraws the decision to grant open access in the case of:

1) the occurrence of gross violation of the conditions set out in the decision;

2) the cessation of operations for at least 6 months for reasons attributable to the railway carrier.

2. The decision to grant open access expires in the case of:

1) the withdrawal of the power to undertake and carry out the operation of rail transport;

2. the liquidation or the declaration of bankruptcy of the undertaking to which the decision has been taken;

3) the expiry of the period for which the decision was issued;

4) the waiver of the performance of the carriage by the carrier to which the decision has been issued, and the issuance of the decision on its expiry.

Art. 28u. [ Appeals against decision] In the case of appeals against decisions referred to in Article 28r para. 1 and Art. 28t, Art. 14 para. 5 shall apply mutatis mutandis.

Article 28w. [ Periodic control of the operation of railway undertakings] The President of UTK shall periodically review the activities of the railway undertakings performing the service in open access to the conditions of implementation laid down in the decision to grant open access.

Article 28x. [ Delegation] 1. The Minister responsible for transport shall determine, by means of a regulation:

1) the documents and information to be attached to the application for the decision to grant open access;

2) the amount of the fee for issuing the decision to grant open access, which may not be higher than the equivalent of EUR 5000.

2. By issuing the regulation referred to in paragraph 1. The Minister shall take into account:

1) the scope of the data and information necessary to issue the decision to grant open access;

2) the scope and labour-intensive activities to carry out the analysis referred to in art. 28r para. 1;

(3) the period of validity of the decision to grant open access;

4) the scope of the carriage performed.

Chapter 5d

Occasional services

Article 28y. [ Occasional carriage on the railway line] The occasional carriage on the railway line is carried out within the limits of the free capacity of the infrastructure.

Article 28z. [ Application for occasional carriage realisation] 1. The entity interested in carrying out the occasional carriage shall submit a request to the administrator at least 7 days before the scheduled transport.

2. The manager, as part of the free capacity of the infrastructure, shall take into account the request and specify details of the execution of the carriage in the contract for the provision of railway infrastructure

Chapter 6

Provision of railway infrastructure and charges for the use of railway infrastructure

Article 29. [ Provision of railway infrastructure] 1. The provision of railway infrastructure shall consist in the allocation of the train path to the train carrier on the railway lines and the possibility of using the necessary railway infrastructure, subject to paragraph. 2.

1a. Railway carriers are entitled to the minimum access to the railway infrastructure and access to the railway network for train handling facilities, and to provide this service, as defined in Part I of the Annex to the Act.

1b. The manager shall not refuse access on the railway network to train-handling equipment and to provide that service, as defined in Part I (1) of the first subparagraph. 2 of the Annex to the Act, unless there are other entities providing these facilities and providing service on market principles.

1c. The Railway Undertaking shall acquire the right to use the train paths allocated in the distribution after the conclusion of the contract for the provision of the railway infrastructure. In the case of rail passenger services, the manager shall conclude an infrastructure contract with a railway undertaking which has entered into a public service contract, either has a decision to grant open access, or has taken account of the public service contract. a request for the performance of the occasional carriage.

1d. The allocation of the train journeys by the infrastructure manager for the passenger rail transport shall be possible on the basis of:

1) public service contracts;

2) the decision to grant open access;

3) the application to be taken into account for the performance of the occasional carriage.

1e. President of UTK, at the written request of the liquidator or railway carrier or ex officio, by order, may set a deadline for the conclusion of negotiations concerning the conclusion of the agreement for the provision of railway infrastructure, not less than 14 days, counting from the date of service of the application for the conclusion of the contract for the provision of railway

1f. The provision referred to in paragraph 1. 1e, it is possible to impose an obligation to conduct negotiations before the President of UTK.

1g. Proposal for a deadline for the conclusion of negotiations on the conclusion of an agreement on the supply of railway infrastructure should include the draft agreement on the provision of railway infrastructure and the current positions of the parties, with the indication of those parts of the contract on which the parties have not reached an agreement. In the case of an ex officio issue, the provisions referred to in paragraph 1. 1e, the President of UTK imposes on the parties the obligation to deliver, within 5 working days, the documents mentioned in the first sentence.

1h. In the event of refusal to open negotiations on a contract for the provision of railway infrastructure the President of UTK, at the written request of the liquidator or the railway carrier or ex officio, by means of the order, may impose an obligation to carry them out and set a deadline for their completion. The provisions of the paragraph 1f and 1g shall apply mutatis mutandis.

1i. After the expiry of the time limit for the conclusion of the negotiations, the decision referred to in paragraph 1 shall be set out in the order. 1e and 1h, the President of UTK issues a decision on the provision of railway infrastructure, which replaces the contract for the provision of railway infrastructure.

2. The manager shall be obliged to make the railway infrastructure available on the basis of the applications submitted in accordance with the rules of allocation of train paths and the use of allocated train paths by licensed railway carriers, of which Article 32, hereinafter referred to as 'the Rules of Procedure', in accordance with the principle of equal treatment.

3. (repealed)

(3a) In respect of passenger rail services, the manager during the duration of the contract for the provision of railway infrastructure or of the master contract shall be obliged to maintain the parameters of the railway line and the time of departure of the trains according to the data provided for in the organizers of public transport by rail in art mode. 5b.

(4) On the provision of the railway infrastructure, the manager of the railway infrastructure shall levy the fees referred to in Article 4. 33.

5. The termination of the contract for the provision of railway infrastructure requires the consent of the President of UTK, granted by the decision.

6. The decisions referred to in paragraph 1. 1i and the mouth. 5, a rigor is suitable for immediate enforceability.

Article 29a. [ The provision of railway infrastructure to a railway undertaking established in another country] 1. A railway carrier established in another Member State of the European Union or in a Member State of the European Free Trade Agreement (EFTA)-a party to the Agreement on the European Economic Area which is entitled to exercise economic activities in the field of rail transport on the basis of the rules in force in the State in which its head office is situated shall be entitled to access to the railway infrastructure for the purpose of carrying out international transport operations. Rail, subject to paragraph 2 and 8.

2. Access to the Trans-European Rail Freight Network (TERFN) shall be granted subject to the conditions of Annex XII of the Treaty of Accession of the Republic of Poland to the European Union.

3. The railway carrier referred to in paragraph 1. 1, access to the railway infrastructure, in order to carry out the rail transport of things.

4. The Railway Undertaking referred to in paragraph 4. 1, performing international transport of persons covering the right to provide travellers the possibility of embarking and disembarking at stations located in the territory of the Republic of Poland, intending to apply for the allocation of train paths, o This is a matter of the 30 par. 1, submit to the President of UTK and the railway infrastructure manager the information the scope of which determines the regulation issued on the basis of the paragraph. (11) The information shall be submitted no later than 90 days before the date on which the application is lodged.

5. The President of UTK shall immediately make available the information referred to in the paragraph. 4, railway undertakings using the railway line covered by the application and the authorities containing the public service contracts on that line.

6. President of UTK on request:

1) the railway operator or the body containing contracts for the provision of public services on the railway line covered by the application shall determine, on the basis of the expected proportions of the revenue and traffic volume resulting from the carriage of passengers on domestic routes, in relation to the carriage of passengers on international routes and the length of the route, whether the majority planned by this railway carrier will be carried out in the territory of the Republic of Poland; the application shall be submitted within 7 days from the date of the receipt of the information referred to in paragraph 1. 5;

2) a railway operator using the railway line covered by the application, its administrator or the body containing public service contracts on that line, carries out an analysis to determine whether the planned international merger of the narcotics the economic equilibrium of services performed under public service contracts; the application shall be submitted within 14 days from the date of receipt of the information referred to in paragraph 1. 5.

7. The applications referred to in paragraph 1. 6, and the information referred to in paragraph. 4, should contain documents and materials enabling the decision of the President of UTK to be taken. The President of UTK shall have the right to request that the documents and materials be completed without delay.

8. The President of UTK may issue, no later than within 2 months from the date of receipt of the necessary documents and materials, the decision on restriction of access to railway infrastructure of the railway carrier referred to in paragraph. 4, if the majority planned by this transport carrier will be performed on the territory of the Republic of Poland or if the planned international merger would violate the economic equilibrium of the services performed on the basis of the agreements for certification public services.

9. The decision referred to in paragraph 1. 8, together with the explanatory memorandum, the President of UTK shall inform the interested parties immediately

10. From the decision referred to in paragraph. 8, shall be entitled to appeal to the District Court in Warsaw-a competition and consumer protection court, within 14 days from the date of service of the decision. Article 14 (1) 6 and 7 shall apply mutatis mutandis.

11. The Minister responsible for transport shall, by way of regulation, determine:

1) the criteria on the basis of which the planned transport of persons is an international service,

2) the criteria on the basis of which the analysis will be carried out whether the planned international merger violates the economic equilibrium of the services performed on the basis of public service contracts,

3) the scope of the information referred to in paragraph. 4,

4) the scope of the applications referred to in paragraph. 6,

5. the procedure for issuing the decision referred to in paragraph 1. 8

-having regard to the international rules in force in this regard, the need to preserve the economic equilibrium of the services under public service contracts, the types of restrictions on access to railway infrastructure, and the need to carry out reliable, objective analyses.

Article 30. [ Plan of train path in the timetable] 1. The manager plans to route trains in the timetable of trains on the basis of applications received from railway undertakings. A request for the allocation of train paths should be made at least six months before the date of entry into force of the train timetable.

1a. In respect of passenger rail services, the manager plans to route trains in the timetable for train driving on the basis of the public service contracts concluded or the decision to grant open access.

1b. Prior to the planning of the route, the trains referred to in paragraph 1 shall be used. 1a, the infrastructure manager defines and organises pre-established international train paths.

1c. The infrastructure manager in the rules of procedure shall specify the lines included in the European freight corridor.

1d. Information on pre-established international train routes referred to in paragraph. 1b, shall be published by the Comprehensive Service Point referred to in art. 13 (1) 1 of Regulation No 913/2010, no later than 11 months before the entry into force of the applicable timetable.

1e. The Rules of Procedure shall include a reference to the place where the information referred to in paragraph is available. 1d.

2. The manager shall assign train routes to railway undertakings, ensuring the best use of capacity, and taking into account:

1) priority of passenger transport;

2) announced transport plans or concluded public service contracts;

3) the obligation to carry out the carriage imposed by the provisions of the traffic law;

4) a framework contract for the carriage of goods;

5) the priority referred to in Article. 14 para. 4 of Regulation No 913/2010.

2a. (repealed)

2b. The manager shall, where necessary, coordinate with the participation of the carriers concerned before the allocation of the train paths in the timetable for the transport of passengers.

2c. (repealed)

3. (repealed)

4. The manager shall notify the applicants of the allocated route not later than one month before the date of entry into force of the train timetable and at the same time pass it to the station owner or the managing station. From the date of notification, the timetable may not be changed for the carriage of passengers, subject to paragraph. 5b, 5f, and 7.

5. The commute of the train ride is determined once a year.

(5a) The change in the train timetable in force shall take place at midnight on the second Saturday of December, subject to paragraph 1. 5b.

5b. The changes in the timetable not provided for in the course of its formation shall be introduced on the initiative of the infrastructure manager or at the request of the carrier. The change of train timetable will take place at midnight on the second Saturday of June. Managers may agree on other dates; where this is likely to compromise international traffic, they shall inform the national authorities competent on border control and customs control and the European Commission.

5c. The manager gives the timetable for the carriage of passengers to the public in the form of a notice on their website and on the platforms, no later than 21 days before the date of its entry into force. The administrator shall, as soon as the changes are made in the timetable for the carriage of passengers, update it and update it to the station owner or to the manager of the station.

5d. The owner of the station or the manager of the railway station gives the timetable for the carriage of passengers to the public in the form of advertisements in a place commonly available in the station building, no later than the time limit specified in the paragraph. 5c. The provision shall apply mutatis mutandis to the updating of the timetable for the carriage of passengers, which shall be carried out immediately upon receipt of the information from the liquidator.

5e. The Railway Undertaking shall make public the timetable and within the time limits set out in:

1. 2. 2 and

2) provisions issued on the basis of art. 34 par. 2

-the Act of 15 November 1984. -Transport law.

5f. Changes in the timetable for the carriage of passengers resulting from investments, repairs or maintenance of railway lines shall be introduced no more than once a month.

6. Tray trains shall be allocated to applicants for the duration of the train timetable, subject to paragraph. 7.

7. The allocation of train paths for a period shorter than the duration of the timetable for trains to which the carrier has submitted applications other than those referred to in paragraph. 1., may be due only to the extent of the free capacity.

8. The manager shall allocate train paths in the train timetable within the capacity of the permit, determined taking into account the limitations resulting from the reservation by the manager of the capacity for its own technological services.

9. The method of determining the capacity needed for its own technological services shall be determined by the administrator in the rules of procedure.

10. In the case of violation of the terms and rules referred to in the paragraph. 1, 4, 5a, 5c-5f, the manager, railway carrier and owner of the station or manager of the railway station are obliged to immediately provide the relevant information to the President of UTK, together with an explanation of the reasons for the infringement.

11. In the case of a change of timetable based on the paragraph. 5b or paragraph. 7, paragraph. 10 shall apply mutatis mutandis.

Article 31. [ Legal basis for determining the way and conditions for the use of train paths allocated in the timetable] 1. The manner and conditions of the use of the train paths allocated in the train timetable shall be determined by the contract referred to in art. 29 par. 1c.

2. The contract shall be concluded for the duration of the timetable of the trains, with the result that, at the justified request of the railway operator, a framework contract may be concluded for a period longer than the duration of one train timetable, not exceeding 5 years, which can be extended for further 5-year periods.

3. Conclusion of a framework agreement for a period of more than 5 years requires detailed justification by the railway carrier with existing, long-term trade agreements or the incurred or planned investments.

4. The framework agreements may be concluded for a period of 15 years in exceptional, justified cases, in the case of services provided with the use of railway infrastructure requiring long-term investment.

(4a) Framework agreements for more than 15 years may be concluded only in exceptional cases, in particular where services are provided with the use of railway infrastructure requiring long-term investment on a large scale, and where such investments are covered by contractual obligations, including a multiannual depreciation plan.

(5) The provisions of the Framework Agreements may not prevent the use of the railway line concerned from other railway undertakings.

6. The Framework Agreement shall be approved by the President of UTK.

(7) The general essential provisions of each framework agreement should, on request, be made available to all applicants for the allocation of train paths, with the preservation of trade secrets.

8. The manager, the owner of the station or the manager of the railway station shall be obliged not to disclose the commercial information obtained from the applicants, subject to the art. 30 par. 5c and 5d.

9. Use of the railway line shall not affect the safety rules of the railway traffic, the safe transport of persons and things and the protection of the environment, as well as the protection of monuments.

Article 32. [ Development of the Rules of Procedure by the administrator] 1. The Management Board shall draw up rules of procedure, specifying in particular:

1) the mode of submitting and examining applications for allocation of train paths;

2. the characteristics of the railway infrastructure intended to be made available to railway undertakings and information on the conditions for access to railway undertakings;

3) the way of setting the charges for the use of railway infrastructure;

4) the conditions for the use of the provided railway infrastructure;

5) the scope of services related to the provision of railway infrastructure and the conditions of their assurance;

6) the transport of bulk materials to prevent their pollination;

(7) the manner in which the priority referred to in Article is to be determined. 14 para. 4 of Regulation No 913/2010.

(1a) To the Rules of Procedure referred to in paragraph 1. 1, shall be accompanied by a link to the website where the register of infrastructure referred to in Article 1 is inserted. 25g ust. 1.

2. The Rules of Procedure shall be advertised, in a manner customarily adopted, not later than 4 months before the deadline for the submission of applications for allocation of train paths.

3. Introduction to the Rules of Procedure on railway lines of defence importance requires a reconciliation with the Minister of National Defence.

Article 33. [ Determination of charges for the use of railway infrastructure] 1. The manager shall determine the amount of fees for the use by railway undertakings of railway infrastructure.

2. The basic fee for the use of the railway infrastructure shall be determined by taking into account the costs to be incurred directly by the administrator as a result of the operation of the railway operator by train.

3. The fee for the use of railway infrastructure shall be the sum of the basic fee and the additional fees.

3a. Within the basic fee, the administrator shall levy a specific fee for:

1. minimum access to the railway infrastructure comprising the services referred to in Part I (1) (a). 1 of the Annex to the Act;

2. access to train-handling facilities covering the services referred to in Part I (1). 2 of the Annex to the Act.

4. The basic fee for minimum access to railway infrastructure shall be calculated as the product of train runs and unit rates determined according to the category of railway line and type of train, separately for the transport of persons and goods.

4a. The Governing Board may apply the minimum unit rate of the basic fee. The minimum rate shall be applied on equal terms to all railway undertakings for the use of railway infrastructure relating to the activities carried out in accordance with the public service contract.

4b. (repealed)

4c. The basic charge for access to train-handling equipment shall be calculated as the product of the services ordered and the corresponding unit rates set separately for the types of services referred to in Part I (1). 2 of the Annex to the Act.

5. The unit rate of the basic charge for minimum access to the railway infrastructure shall be determined for the passage of one train at a distance of one kilometre.

5a. (repealed)

5b. (repealed)

5c. The increase in the unit rates of the basic unit for the carriage of passengers on the basis of a public service contract, during the duration of the timetable for trains referred to in Article 4 (1) of the basic Regulation. 30 par. 5, may not exceed the planned level of inflation rate adopted in the draft budget law for the year in question.

6. The manager shall be obliged to make public, in a manner customarily accepted, separate for the carriage of passengers and the carriage of goods, the amount and types of the base fee and the additional charges.

7. The unit rates of the basic charge and the additional fees, other than the charges for the use of traction current, together with the calculation of their amount shall be given to the President of UTK.

8. President of UTK within 30 days from the date of receipt of the rates referred to in paragraph. In the event of non-compliance with the rules referred to in paragraph 7, they shall either approve them or refuse to approve them. 2-6, art. 34 and the provisions issued on the basis of art. 35.

8a. In the case of refusal to approve the rates referred to in paragraph. 7, in whole or in part:

1. the rates approved in the latest decision of the President of UTK concerning the manager concerned are in force;

2) the administrator, after making changes resulting from the observed discrepancies, redelegates the rates of the President of UTK for approval; the provision of the paragraph. 8 shall apply mutatis mutandis.

8b. In the case referred to in paragraph. 8a, the provisions of the paragraph shall not apply. 9 and 9a, and the unit rate of the basic fee shall be announced within 7 days from the date of issuance of the decision by the President of UTK.

8c. Rates approved in accordance with paragraph 1. 8a point 2 shall apply no earlier than 30 days from the date of their announcement.

9. The unit rates of the basic charge shall be announced, in a manner customarily adopted, not later than two months after the date specified in the art. 32 par. 2.

9a. The manager may make changes to the unit fee rates of the basic charge:

1) at any time-if the change concerns a reduction in fees;

2. not earlier than six months after the date of their announcement-if the amendment concerns an increase in fees.

10. (repealed)

11. Additional charges are charged for the services provided by the Service Manager other than those listed in Part I of the Annex to the Act, which the administrator will provide when they are listed in the Rules of Procedure, and their performance will be requested by the Railway Undertaking in the notified application.

12. From basic charges for the use of railway infrastructure on railway lines of a purely defensive importance, military budget units are exempted.

Article 34. [ Charges for the increase of the fee] 1. The Management Board may increase the fee referred to in Art. 33 (1) 2 if:

1) shall document that he has incurred or will have to incur expenses for:

(a) the increase of the insufficient capacity of the specified railway line,

(b) the adverse effects of the movement of trains on the environment, provided that the increase in the levy is comparable to those used by the competing modes of transport,

(c) the efficiency of investments in the development of railway networks completed or commenced within a period of not more than 15 years prior to the entry into force of the Law;

(2) the increase concerns the rail international carriage of goods, but only if the rules laid down in the Rules of Procedure, non-discriminatory rules are applied to ensure the maintenance of rail competitiveness on the international transport market and the non-elimination of railway undertakings from this market who, as a result of the increase in the levy, would have had to refrain from operating in international rail

1a. The fee referred to in art. 33 (1) 2, may be increased from the use, during periods of overflow, from the railway line or its section on insufficient capacity.

1b. By the overcrowding referred to in paragraph 1. 1a, it is understood that there is a demand for the capacity of the railway line or of its segment, which cannot be fully met during a given period of time, even after the coordination of the various capacity contracts.

2. The manager may grant relief in the basic fee. The relief may be granted for a limited period of time and on a specific section of the railway infrastructure:

1) in order to develop new rail services or

2) in order to use railway lines of a significant degree of non-use of capacity, or

3) where there were cost savings in the management of the railway infrastructure of the manager.

2a. Ulgi is awarded on an equal basis for all railway carriers.

3. (repealed)

4. (repealed)

Article 35. [ Delegation] The Minister responsible for transport shall determine by way of regulation:

1) conditions of access and use by railway undertakings of railway infrastructure,

(1a) the way in which the railway infrastructure is not in sufficient capacity, bearing in mind, in particular, the analysis of capacity and the plan to increase the capacity referred to in the provisions of the European Union,

2) the mode of submission and consideration of the applications referred to in art. 30 par. 1,

3) the type of services referred to in art. 33 (1) 11,

4) detailed rules for setting the charges for the use of railway infrastructure, including the basic fee, minimum unit rate, increase in fees and the granting of relief, bearing in mind the provision of art. 33 (1) 2,

5) the scope of the issues in question, which in particular need to be regulated by the agreement referred to in art. 31,

6. the way in which the rules of procedure referred to in Article 4 are drawn up 32, taking into account the obligation to hold consultations with the interested parties,

(7) the forms of cooperation of the liquidators within the scope referred to in points 1 to 3 where the railway infrastructure which they manage allows for the interconnection of trains, by means of the merger referred to in Article 3 (1) (a). 7

-ensuring non-discriminatory access by rail carriers to railway infrastructure.

Article 36. [ Disable the use of art. 29-35] Art. 29-35 shall not apply to the railway infrastructure:

1) intended solely for the transport of persons carried out by a railway undertaking, which simultaneously manages the infrastructure without making it available to other carriers;

2) intended for the use of the owner in order to carry out the carriage of things exclusively for his own needs;

3. incorporating railway lines with a track gauge other than 1435 mm.

Chapter 7

Financing of rail transport

Article 37. [ Principles of conduct of financial economy] 1. The authorities and railway undertakings shall conduct the financial economy under the rules laid down in separate provisions, taking into account the provisions of this Chapter.

2. The Management Board shall extract, within the accounting framework:

1) (repealed)

2) the records of the costs of railway lines, broken down by the costs of construction, maintenance, running of train movements and administration of these lines.

(3) For the activity of managing the railway infrastructure and operating the rail services, separate balance sheets and profit and loss accounts for each of these activities shall be published and published. Public funds paid into one of these two activities shall not be transferred to the other.

4. Railway carriers carrying out railway transport of persons and goods:

1. may not transfer public funds between these types of transport;

2. they shall draw up a separate balance sheet and a profit and loss account for each of these types of transport;

3. extract operations for each of these types of operations in the accounts.

5. The financial statements of the railway undertakings referred to in paragraph 4, they shall additionally contain a separate balance sheet and profit and loss account for the rail transport of persons and goods.

6. The authorities and railway undertakings shall keep accounts in such a way as to monitor the prohibitions on the movement of public funds, as referred to in paragraph 1. 3 and para. 4 point 1.

7. The authorities shall keep accounts in such a way as to permit the monitoring of the use of the funds from the charges for the use by railway undertakings of railway infrastructure and the use of surpluses from other activities carried out 2.

8. The authorities and railway undertakings, who are not required on the basis of the accounting regulations to publish their own financial statements, publish those reports on their websites.

Article 38. [ Tasks and investments financed from the State budget] 1. From the state budget shall be financed:

1) investments resulting from international agreements and agreements;

2) investments, repairs, operation and maintenance of railway lines of a purely defensive importance;

3) costs of preparation and implementation of investments covering railway lines of state importance.

1a. To the costs referred to in paragraph 1. Point 3 of the first paragraph shall include in particular:

1) the payment of the compensation referred to in art. 9y ust. 1 and 2;

2) payment of the purchase price of the immovable property referred to in art. 9t, as well as other costs related to its acquisition;

3. payment of claims and one-off compensation referred to in Article (a) 2 of the Act of 3 February 1995. on the protection of agricultural and forestry land;

(4) the costs of indicating the replacement premises resulting from the implementation of the obligation referred to in Article 4 (2). 9w ust. 4.

2. The tasks referred to in paragraph 2. 1, may also be financed from the resources of the administrator and local government units and from other sources.

3. Cost of maintenance of railway infrastructure, subject to the paragraph. 1 point 2, shall be financed by the administrator, with the result that they may be financed by local government units and from other sources or subsidized from the state budget.

4. The size of the resources allocated to finance the tasks referred to in paragraph 1. 1, the budget law shall be specified in the year in question.

5. Investments covering the remaining railway lines referred to in art. 6 para. 1 point 2, financed by the administrator; they may be subsidized from the state budget, the budget of local government units and other sources.

6. Public funds may be financed or co-financed expenditure on the purchase and modernisation of railway vehicles intended for passenger services and expenses for the construction of an IT system of sales accounts Tickets for the passage of public transport by various carriers, including the common ticket.

6a. Public funds may be financed or co-financed by expenditure for the construction or reconstruction of railway stations in the area directly related to the service of travellers.

6b. From public funds can be financed or co-financed expenditure of PLK S.A. for the purchase and modernisation of railway vehicles dedicated to diagnostics, maintenance, repair or construction of railway infrastructure and to carry out activities rescue.

7. From public funds can be financed or co-financed by railway investments, resulting from the transport infrastructure development programmes, and the purchase of railway vehicles intended for the carriage of goods under one contract for carriage at use of at least two different modes of transport (intermodal transport).

(8) The Minister responsible for transport in agreement with the Minister responsible for public finance shall determine, by means of the Regulation, the mode, method and conditions of financing, the co-financing of the investments referred to in paragraph 1. 6 and 7, guided by the principles of fair competition, sustainable transport development and economic efficiency.

9. The manager may take out loans, loans or may issue bonds at home and abroad for the financing of preparatory work and investment tasks carried out under the multiannual programme referred to in art. 38c.

10. On the liabilities of PLK S.A. on borrowings and loans and issued bonds for the financing of preparatory work and investment tasks referred to in paragraph. 1, may be provided by the Treasury with guarantees and sureties, in accordance with the provisions of the Act of 8 May 1997. on the guarantees and guarantees provided by the State Treasury and certain legal persons (Dz. U. of 2015 items 1052 and 1854), except for art. 2a (2) 2 of this Act.

11. The guarantees and sureties referred to in paragraph. 10, shall be exempt from commission fees.

Article 38a. [ Funding for the costs of renovation and maintenance of railway infrastructure and of the management of the manager] 1. The Minister responsible for transport may subsidise the State budget or from the Railway Fund:

1) the costs of renovation and maintenance of railway infrastructure if the infrastructure is made available by the administrator on the basis of the rules laid down by the Act;

2) the activity of the liquidator, which cannot be financed from the charges for the use of railway infrastructure.

2. The tasks and activities referred to in paragraph 2. 1, shall be implemented on the basis of an agreement concluded for a period of not less than 5 years, between the Minister competent for transport and the manager.

3. The contract referred to in paragraph 3. 2, specifies in particular:

1) an indication of the tasks and activities referred to in the paragraph. 1;

(2) the responsibilities of the administrator;

(3) the amount of the funding, including the reduction of infrastructure charges; the agreement may specify the amount of the co-financing for the purposes referred to in Article 3 (1) (a) of the EC Regulation. 33 (1) 5c;

4) the rules for the settlement of the funding;

5) incentives to reduce the costs of access to infrastructure and the level of access charges;

6) incentive mechanisms to include in the costs of the infrastructure manager the rewards and bonuses for the crew for the proper realisation of the quality objectives indicated in the contract and for the optimisation of the costs of providing infrastructure and the level of charges for access;

7) penalties for not maintaining the level of costs assumed in the contract.

Article 38b. [ The granting of credit to the railway undertakings in the basic charge] 1. In the case of financing or co-financing from the budget of the local government unit of investments referred to in art. 38 par. 1 and 5, the manager shall grant to the railway undertakings the relief in the basic charge on the specified railway lines or their sections.

2. The value of the relief referred to in paragraph 2. 1, may not exceed the amount of financial resources allocated to finance or finance the investments referred to in paragraph 1. 1.

3. The size of the financing or the financing of the investment and the amount of the relief referred to in paragraph. 1, shall be specified in the agreement on the execution of investment tasks concluded between the local government unit and the manager.

4. From the budget of the local government unit can be financed or subsidized the costs of the management of the manager of the railway infrastructure comprising the railway, suburban or regional railway lines.

Article 38c. [ Multiannual programme] 1. Investments comprising railway lines managed by PLK S.A. shall be carried out within the framework of the multiannual programme within the meaning of the provisions of the Act of 27 August 2009. on public finances (Dz. U. of 2013 r. items 885, as late. zm.).

2. The multiannual programme shall be established for a period of not less than 3 years.

3. The multiannual programme shall contain the elements referred to in the Act of 6 December 2006. the rules for the conduct of development policy (Dz. U. of 2016 r. items 383 and 1250), and:

1) a list of all investments made using the financial resources of which the minister competent for transport is available, together with a determination of the total cost of each of these investments and the allocation of it to the investment group funded from specific sources;

2) a statement of all sources of funding broken down by years of implementation of the investments included in the programme, detailing the groups of investments financed from specific sources.

4. The Minister responsible for transport shall approve the detailed plan for the implementation of the multiannual programme, including the factual and financial scope of the investments planned, and in particular the determination of the planned expenditure, together with the distribution of the sources of financing to the specific investments in the various years of implementation of this programme. Providing financing or co-financing from the state budget within the meaning of the provisions of the Act of 27 August 2009. the public finances shall take place on the basis of a detailed plan for the implementation of the multiannual programme.

5. The approval of the plan for the implementation of the multiannual programme referred to in paragraph 1. 4, shall be in agreement with the Minister responsible for public finance and in respect of projects carried out with the participation of European measures with the Minister responsible for regional development.

6. By 31 May of each year, the Minister responsible for transport shall, in agreement with the Minister responsible for public finance and on projects carried out with the participation of the European measures with the Minister responsible for matters of affairs, be responsible for the transport of goods and services in the field of transport, the regional development, shall report on the implementation of the multiannual programme to the Council of Ministers for the previous year. The report shall be made public by announcing its contents in the Public Information Bulletin of the Office providing services to the Minister responsible for transport.

7. The scope of the report referred to in paragraph 1. 6, is set out in the programme referred to in paragraph. 1. The report shall include in particular:

1) the data on the financial and physical execution of the investments carried out,

2. an updated summary of all funding sources of the programme, broken down by year of implementation of the programme.

8. The Council of Ministers, through the adoption of the report, agrees to update the programme to the extent indicated in the report, provided that this update cannot increase the total limit of expenditure from the state budget for the implementation of the programme. The provisions of Article 4 48 of the Act of 3 October 2008. providing information on the environment and its protection, public participation in environmental protection and on environmental impact assessments (Dz. U. of 2016 r. items 353, 831, 961 and 1250) shall apply mutatis mutandis. The provisions of Article 4 shall not apply. 18, 19 and 19a of the Act of 6 December 2006. the principles of development policy.

Article 39. (repealed)

Article 40. (repealed)

Article 40a. (repealed)

Article 41. (repealed)

Article 42. (repealed)

Chapter 8

Rail transport licensing

Article 43. [ License] 1. The economic activity consisting in the performance of railway services of persons or goods or on the provision of traction services shall be subject to licensing.

2. The license is a confirmation of the entrepreneur's ability to perform the function of the railway carrier on the territory of the Republic of Poland and of the states referred to in the paragraph. 3.

3. An acknowledgement of the entrepreneur's ability to perform functions of the rail carrier are also licences issued by the competent authorities of other Member States of the European Union or Member States of the European Free Trade Agreement (EFTA)-parties to the Agreement on the European Economic Area.

4. The licence shall be issued for an indefinite period of time, subject to the paragraph. 4a.

4a. In case of suspension or withdrawal of the licence due to failure to comply with the financial trustworthiness requirements, the President of UTK may issue a temporary licence for the implementation of changes in the company, provided that this does not jeopardise the the safety of the business. A temporary licence shall be valid for no longer than six months from the date of its issue.

5. The licence does not entitles the entrepreneur to access the railway infrastructure.

6. (repealed)

Article 44. [ Traders which are not subject to a licence to obtain a licence] The obligation to obtain a licence shall not be subject to the operator of a transport undertaking within the railway siding or of a railway station.

Article 45. [ Authority competent to issue licences] 1. The authority competent to grant, refuse to grant, amend, suspend or revoke the licence shall be the President of UTK.

2. The division, refusal to grant, amendment, suspension or revocation of the licence shall be made by decision.

Article 46. [ Prohibition of refusal of a trader to grant a license to meet certain requirements] The President of UTK shall not refuse to grant the licence, subject to Article 51, if the applicant for the licence complies with the requirements for:

1) good repute;

2) financial credibility;

3) professional competence;

4) disposal of the railway rolling stock;

5) civil liability.

Article 47. [ Obligation of the entrepreneur to present documents confirming fulfilment of the requirements set out in the Act] 1. An entrepreneur applying for a licence should submit to the President of UTK documents proving compliance with the requirements laid down in the Act.

2. Requirements concerning good repute shall be deemed to be met if the members of the governing body of a legal person, persons carrying out the case of a company in an open, limited partnership or a limited joint-stock company, and in the case of another entrepreneur-persons carrying out economic activities were not convicted by a final judgment of the court for intentional crimes: against the security of communication, property, economic turnover, the reliability of documents, the environment or the rights of persons performing work income, and tax offences.

3. The financial trustworthiness requirements shall be deemed to be satisfied when the entrepreneur is able to demonstrate that he is capable of fulfilling the actual and potential financial obligations for a period of 12 months from the date of granting the licence. To that end, the applicant shall submit, in particular, the following:

1) the financial statements for the last financial year, together with the opinion and report of the auditor from his examination, and the current financial situation in the case when he ran an economic activity in the last year before the date of submission of the application for the award licences;

2) a statement of cash flows for the year in which the licence is sought and the planned schedule of flows for the following year;

3) confirmation of the balance of the bank account and other collateral assets of liabilities;

4) data on the planned expenditure related to the undertaking of the licensed activity.

4. The President of UTK may refuse to grant an entrepreneur's license, which has led to significant public arrears.

5. The requirements for professional competence shall be deemed to be fulfilled when the entrepreneur:

1) has, or undertakes, that it will have a management organisation permitting the proper supervision of the licensed activities and the observance of safety in rail transport;

2) declares that it employs workers responsible for the safety of the rail traffic with the required qualifications.

6. Requirements for the disposal of a rolling stock shall be deemed to be fulfilled when the trader:

1) have or will undertake to dispose of railway vehicles, including wagons and railway locomotives;

2) create or undertake to create from the date of commencing the operation of the system of maintenance and service of railway vehicles.

7. Requirements for civil liability shall be deemed to be fulfilled when the applicant for the licence is secured by the property claims related to the activity carried out or undertakes to carry out the insurance of activity covered by the licence.

8. The insurance referred to in paragraph. 7, shall take into account the requirements laid down in Article 12 of Regulation (EC) No 1371 /2007/EC.

Article 48. [ Application for a licence] 1. Licence shall be granted at the written request of the entrepreneur.

2. The application for a licence shall contain:

1) the name of the entrepreneur, its registered office and address;

2) the number in the Register of Entrepreneurs of the National Court Register, if the entrepreneur such number holds;

2a) tax identification number (NIP);

3) the names of persons entitled to act on behalf of the entrepreneur;

4) the definition of the subject matter and scope of the activity to which the licence is to be granted.

3. The application shall be accompanied by:

1) (repealed)

2) (repealed)

3) (repealed)

4) documents confirming the possession of the security referred to in art. 47 para. 7;

5) a certificate or a declaration of the impunity of the persons referred to in art. 47 para. 2;

6. information on:

(a) the entrepreneur's existing business

(b) ongoing proceedings: bankruptcy, restructuring, settlement or winding-up proceedings against the trader;

7. detailed data on:

(a) the types of railway vehicles in question referred to in Article 47 para. 6 point 1,

(b) the qualifications of the workers responsible for the safety of rail transport and the details of the training of those workers

3a. The statement referred to in paragraph 1. 3 point 5, it consists of a penalty of criminal responsibility for making false statements. The applicant shall be obliged to enter in it the clause of the following text: "I am aware of the criminal responsibility for making a false statement." This clause replaces instructing the body of criminal responsibility for making false statements.

4. Before taking a decision on the issue of a licence, the issuing authority may call upon the applicant to complete, within the prescribed period, the missing documentation.

5. The Minister responsible for transport shall determine, by means of regulations, the procedure for the submission and processing of licence applications and the models of licences, taking into account, respectively, the need to ensure the efficiency of the proceedings. administrative and the scope of the necessary data.

Article 49. [ License Content] The licence shall specify in particular:

1. the registration number of the licence;

2) the authority which granted the licence;

3) the date of granting the licence;

4) the legal basis for granting the licence;

5) the entrepreneur, his seat and address;

6) the type of transport.

Article 50. [ Licence Fee] 1. The granting of a licence and a provisional licence shall be charged a fee of not higher than the equivalent in PLN 2000, determined using the average rate announced by the National Bank of Poland in force on the date of granting the licence.

2. The payment shall be paid at one time or in installary.

3. The fee is charged by the President of UTK and constitutes the income of the state budget.

4. The fee referred to in paragraph. 1, the provisions on enforcement proceedings in the administration in the execution of duties of a monetary nature shall apply.

(5) The Minister responsible for transport, in agreement with the Minister responsible for public finance, shall determine by way of regulation, the amount and payment of the fee referred to in paragraph 1. 1, taking into account costs no higher than the reasonable costs of granting the licence and the control of its execution.

Article 51. [ Conditions for refusing to grant a licence] The President of UTK refuses to grant the license, revoke the licence, suspend the licence or change its scope due to the threat of defence or security of the State or other important public interest.

Article 51a. [ Licensed Carrier Information Obligation] 1. The licensed carrier in the event of a change affecting its legal position, in particular in the case of merger or acquisition of the entrepreneur, informs the President of UTK. In this case, the President of UTK may decide to re-submit the licence for approval if he finds a risk of safety related to the activities carried out.

2. In the event that the licensed carrier intends to significantly change or expand its business, it shall inform the President of UTK, which calls upon him to resubmit the license for approval.

3. In the event that the entrepreneur has not conducted the licensed activity for a period of 6 months or has not taken up this activity within a period of 6 months from the day of issue of the licence, the President of UTK may decide to re-submit the licence to the to be approved or suspended. The entrepreneur, due to the specific nature of the services to be provided, may apply to the President of UTK for granting a longer period for the start-up of the licensed activity.

Article 52. [ Periodic inspections of a railway operator holding a licence] 1. The President of UTK manages the periodic inspection of the railway carrier holding a licence, in respect of compliance with the conditions specified in the licence.

1a. President of UTK suspends the licence if the entrepreneur:

1) does not meet the requirements set out in the Act;

2. have not fulfilled the obligations laid down in the declarations, within the time limits specified therein;

3) performing international rail services does not comply with the provisions of the relevant international agreements, of which the Republic of Poland is a party.

2. The President of UTK shall withdraw the licence if the entrepreneur:

1) has been deprived of the right to pursue an economic activity covered by the licence on the basis of a final court decision;

(2) in respect of which bankruptcy or other proceedings of a similar nature have been initiated, there is no real possibility of satisfactory financial restructuring;

3) has not removed the irregularities underlying the suspension of the licence within the time limits set by the President of UTK.

3. (repealed)

4. If the entrepreneur intends to change the scope of the licensed activity, he applies for a change of licence.

5. The President of UTK shall immediately notify the European Commission of the granting of the licence, its withdrawal, suspension or change.

6. Where the President of UTK determines that a Railway Undertaking holding a licence issued by the competent authority of another Member State of the European Union or of a Member State of the European Free Trade Agreement (EFTA), the parties to the Agreement on The European Economic Area does not meet the requirements for licensing, it shall immediately notify the competent authority of that State.

Chapter 9

Location of buildings, buildings, trees and shrubs and the execution of groundwork in the vicinity of railway lines

Article 53. [ Requirements related to the location of structures, buildings, trees and shrubs and the execution of earthworks] 1. Construction of structures, buildings, trees and shrubs and the execution of earthworks in the vicinity of railway lines, railway siding and railway crossings may take place at a distance not disturbing their operation, operation of equipment connected with the operation of the rail traffic, and the non-hazard of rail traffic safety.

2. Construction and buildings may be located at a distance of not less than 10 m from the border of the railway area, except that the distance from the axis of the extreme track shall not be less than 20 m, subject to the paragraph. 4.

3. The distances referred to in paragraph. 2, for residential buildings, hospitals, social care homes, recreational and sports facilities, buildings associated with a long-time stay of children and young people should be increased, depending on the purpose of the building, in order to preserve norms the permissible noise in the environment, as defined by separate provisions.

4. The provision of the paragraph. 2 shall not apply to buildings and structures intended for the operation of railway traffic and the maintenance of the railway line and for the handling of the carriage of passengers and goods.

Article 54. [ Delegation] The Minister for Transport, in agreement with the Minister for Environment and the Minister for Internal Affairs, will determine, by Regulation, the distance and conditions for the location of trees and the conditions for the use of trees and shrubs, elements of acoustic protection and execution of earthworks in the vicinity of the railway line, as well as the way of arranging and maintaining the snow-covered veil and fire-belts, taking into account the safety of railway traffic.

Article 55. [ Administrator Privileges] 1. The manager shall have the right on the adjacent land lines, for compensation:

1) set snow curtains;

2) assume hedges;

3) to arrange and maintain firefighting belts.

2. The determination of compensation for setting snow curtains, setting up hedges, arranging and maintaining fire-belts shall be carried out by means of a contract of parties.

3. If the planting of trees or shrubs, causing the need for the equipment of the fire-belts, occurred after the construction of the railway line, the costs associated with the device and the maintenance of these belts shall be borne by the owners of the land.

Article 56. [ Edition of decision to remove trees or shrubs] 1. If necessary, the removal of trees or shrubs hindering the visibility of signals and trains or the operation of railway equipment or causing snow plinks, the starosta, at the request of the administrator, shall issue a decision on the removal of trees or bushes. The decision is made by the administrator.

2. The determination of compensation for trees and shrubs and for their removal shall be made by means of a contract of parties.

3. Compensation referred to in paragraph. 2 and Art. 55 par. 1, determine, in the absence of agreement of the parties, the starosta, with the application of the rules provided for in the expropriation of the property.

4. Compensation shall not be granted if:

1) the planting of trees or shrubs occurred after the construction of the railway line in violation of the provisions of the Act;

2) trees or shrubs at intersections with roads at the level of the rails make it difficult for users of those roads to see the passing of the train or signals for them intended.

Article 57. [ Derogation] (1) In cases of particularly justified cases, a derogation from the conditions for the location of the buildings and structures referred to in Article 1 shall be allowed. 53 and the execution of earthworks determined on the basis of art. (54) The derogation shall not give rise to the risk of human life or property safety and security and correct operation of the railway, and shall not interfere with the operation of the devices used to carry out this movement.

2. The competent authority of the architectural and construction administration shall, within the meaning of the provisions of the Construction Law, grant or refuse to grant a derogation after obtaining the opinion of the relevant administrator.

Article 57a. [ Deviation from the distance and conditions allowing the location of trees and shrubs] (1) In cases of particularly justified cases, a derogation from the distance and conditions for the placing of trees and shrubs laid down in the provisions adopted on the basis of Article 1 shall be permitted. (54) The derogation shall not cause a threat to the safety of rail traffic or to interfere with the operation of the devices used to carry out this traffic.

2. The consent for the derogation referred to in paragraph 2. 1, grant the starosta by way of order, after agreement of the competent manager with a view to the safety of the rail traffic.

Chapter 10

Order protection in the railway area

Article 58. [ Entry permitted in the railway area] 1. Admission to the railway area shall be allowed only in places designated by the administrator.

2. Apart from the places referred to in paragraph. 1, the entry into the railway area shall have persons holding the authorisation of the competent administrator or the competent railway operator and persons entitled under separate regulations.

3. The management and railway undertakings shall be obliged to ensure the order and order in the railway area and on trains and other railway vehicles.

Article 59. [ Railway protection guards] 1. The manager or several liquidators together in agreement with the Minister responsible for transport issued in agreement with the Minister responsible for internal affairs shall create a security guard on the principles set out in this Chapter, and They call the Chief Guard of the railways.

2. The consent referred to in the paragraph. 1, it shall be issued by decision.

3. The costs associated with the operation of the railway security guards shall be covered by the administrator or managers.

4. The officer of the railway security guard may be the person who:

1) holds Polish citizenship;

2) has full capacity for legal acts;

3) has at least secondary education;

4) has a regulated attitude to military service;

5. enjoys an impectable opinion;

6) has the physical and mental capacity to serve in armed formations;

7) she was not punished for intentional crimes.

5. Admission of the officers of the Railway Security Guard to perform tasks with the use of firearms shall be carried out at the request of the commandant of the Railway Security Service, by means of a decision issued by the competent Police Authority.

6. The Minister responsible for transport, in agreement with the Minister responsible for internal affairs, will determine, by means of a regulation:

1) the detailed scope of the action and the way of organization of the railway security guard

2) (repealed)

3) the detailed conditions to which officers of the railway protection officers should be responsible, the principles of assessment of physical and mental fitness for service, and the mode and units entitled to the adjudication of this capacity

-taking into account the tasks and principles of the operation of the railway security guard.

7. (repealed)

8. The Minister responsible for transport, in agreement with the Minister responsible for internal affairs, will determine, by way of regulation, the ordinal provisions in force in the railway area, on trains and other railway vehicles, taking into account conditions and requirements for the operation of rail transport.

Article 60. [ Tasks] 1. The tasks of the railway security guard shall be:

1) control of the observance of ordinal regulations in the railway area, on trains and other railway vehicles;

2) the protection of life and health of people and property in the railway area, in trains and other railway vehicles.

2. By performing its tasks, the officer of the railway security guard shall have the right to:

1) the legitimacy of persons suspected of committing a criminal offence or misconduct, as well as witnesses of a crime or misconduct, in order to establish their identity;

(2) inclusion, in order to bring to the nearest Police Unit without delay, persons in respect of whom there is a legitimate need to take action going beyond the powers of the Railway Security Guard;

3) the stopping and checking of the road vehicle moving on the railway area and the adjacent ground belt in case of a reasonable suspicion of committing a criminal offence or misconduct using that vehicle;

4) impose fines, by means of a criminal mandate, on the principles set out in the Code of Conduct on Offences Cases;

5) carrying out the investigations, the presence of the court with a request to punish, to prosecute before the court and to bring appeals in accordance with the procedure laid down in the Code of Conduct in the cases of misconduct.

6) (repealed)

3. In the cases referred to in art. 11 paragraphs 1-6, 8-10 and 12-14 of the Act of 24 May 2013. with direct coercive measures and firearms (Dz. U. Entry 628 and 1165, of 2014 items 24 and 1199 and 2016 items 904), a railroad security officer may use direct coercive measures referred to in art. 12 (1) 1 point 1, point 2 (a), point 7, 9, point 12 (b) a and point 13 of that law, or use these funds.

4. In the cases referred to in art. 45 pt. 1 lit. a-c and e, point 2 and point 3 (a) a and in art. 47 points 3, 5 and 6 of the Act of 24 May 2013. with direct coercive measures and firearms, the railroad security officer may use or use firearms.

5. The use and use of means of direct coercion and firearms and the documentation of this use and use shall be carried out on the principles laid down in the Act of 24 May 2013. with direct coercive measures and firearms.

6. To carry out the activities referred to in paragraph 1. 2 points 1 to 3 and paragraph 1. 3, there is a complaint to the local competent prosecutor under the provisions of the Code of Criminal Procedure.

7. To carry out the activities referred to in paragraph by an officer of the railways. 2 points 1 and 2, the provisions on Police shall be applied accordingly.

8. To carry out the security of the activities referred to in paragraph by an officer of the railways. 2 points 1, 2 and 6 [ 6] and in the mouth. 4-7, the provisions on Police shall be applied accordingly.

Article 61. [ Withdrawal of consent to the creation of railway security guards] 1. The minister competent for transport, in agreement with the minister competent for internal affairs, may revoke the decision referred to in art. 59 (1) 2, in the case of infringement of the provisions of Article 60.

2. The Minister competent for transport, in agreement with the Minister responsible for internal affairs, may, by decision referred to in art. 59 (1) 2, limit the scope of action and the powers of the railway security guard.

Article 62. [ Obligation to cooperate with other services on the security of the railways.] 1. The security guard is obliged to cooperate with the Police, the Border Guard, the Military Gendarmerie, the Tax Inspectorate and the Road Transport Inspectorate.

2. The Minister responsible for transport, in agreement with the Minister responsible for internal affairs, will determine, by way of regulation, detailed forms of cooperation between the railways and the Police, the Border Guard and the Road Transport Inspectorate, Having regard, in particular, to matters that require cooperation, the way in which information on matters which require cooperation is exchanged, the rules for the coordination of joint ventures.

3. The Minister competent for transport, in agreement with the Minister of National Defence, will determine, by way of regulation, the form of cooperation of the railways security guard with the Military Police, taking into account in particular: cases requiring interaction, how to exchange information on cases requiring interoperability, the rules for the coordination of joint ventures.

4. The Minister responsible for transport, in agreement with the Minister responsible for public finance, will determine, by way of regulation, the form of cooperation between the railways and treasury control authorities, taking into account in particular: cases interaction, the way in which information on cases requiring interoperability is exchanged, the rules for the coordination of joint ventures.

5. The Minister responsible for internal affairs, in agreement with the Minister responsible for transport, will determine, by way of regulation, the cases in which officers of the railway security guard may carry out their tasks outside the railway area, having regard, in particular, to the extent of the tasks referred to in this Act.

6. The Minister responsible for transport in agreement with the Minister responsible for internal affairs will determine, by means of the regulation, the type and means of registration, the conservation of arms, ammunition and coercive measures in the protection of railways. direct, taking into account the specificity of the railway security guards and ways of preventing access to such weapons, ammunition and those measures to third parties.

7. The Minister responsible for the internal affairs shall determine, by means of regulations, the conditions and conditions for the recognition of vehicles for the protection of railways in favour of privileged vehicles.

(8) The Minister responsible for transport shall determine, by means of a regulation, a pattern of unification, identity cards, distribution of identity cards and identification marks, as well as of the allocation standards, conditions and method of wearing them.

Article 63. [ The granting of legal protection to officers of the railway security provided for public officers] In the performance of a service task, the security officer shall enjoy the legal protection provided for public officers.

Article 64. [ Taking by a rail security officer another gainful occupation] Officer of the railroad security guard must not be allowed to take the command of the guard of the railways to take another gainful occupation.

Chapter 11

Penal provisions

Article 65. [ Liability for actions undertaken without the required qualifications, for the operation of the railway vehicle without a certificate of technical efficiency and for offences against orders and order prohibitions] 1. Who conducts a railway vehicle or performs work on a position directly connected with the conduct and safety of the railway traffic, without having the required qualifications for that qualification, or allows for carrying out activities related to the operation and the safety of the railway traffic is punishable by a person who does not have such qualifications.

1a. Who shall be repealed shall be deleted from the submission of the declaration referred to in Article 3. 22ca ust. 1, or contains information that does not comply with the facts, is punishable by the fine.

2. Who operates the railway vehicle without a valid certificate of technical fitness referred to in art. 24, is punished by the fine.

3. Who goes against the orders or prohibitions contained in the ordinal regulations in force in the railway area and on trains and other railway vehicles issued on the basis of art. 59 (1) 8, punishable by the fine.

4. Orzecking in cases of deeds referred to in paragraph. 1-3 shall be in the Code of Conduct on Offences.

Chapter 12

Penalty payments

Article 66. [ Indications of the imposition of a penalty payment] 1. The monetary penalty shall be subject to:

1. a manager who:

(a) contrary to the obligation, he has not prepared or published a price list for the basic fee and the additional charges or applies charges for the provision of railway infrastructure calculated in accordance with the rules laid down in Article 4 (1) of the basic Regulation. 33,

(b) by managing railway infrastructure, does not provide railway undertakings with equal access to the railway infrastructure,

(c) contrary to the obligation, he has not drawn up the Rules of Procedure or has not published it within the period prescribed by the law and has not laid down in the Rules of Procedure all the requirements referred to in Article 4 32,

(d) shall not present to the organiser of the public transport of the information referred to in Article 5b,

(e) in contravention of the statutory conditions, agreed to carry out the occasional journey,

(f) does not maintain the parameters of the railway line and the time of departure of the trains referred to in Article 3. 29 par. 3a,

(g) violates the deadlines or rules governing the planning of train paths, as set out in Article 30 par. 1,

(h) allocate train paths on the basis of art. 30 par. 7, despite the lack of free capacity,

(i) it does not notify railway operators who have requested to allocate the route of a train, the route being allocated within the time limit referred to in Article 3 (2) of the Regulation. 30 par. 4,

(j) does not change the timetable for train driving within the time limit referred to in Article 3. 30 par. 5a, or

(k) it shall not inform the competent national authorities and the European Commission of the arrangements for the modification of the timetable which may prejudice the international movement referred to in Article 4 (k). 30 par. 5b;

(1a) a railway undertaking which is in breach of the time limit for the submission of a request for allocation of train paths, as specified in Article 30 par. 1;

2. a manager or a Railway Undertaking, which:

(a) has not provided the information referred to in Article 13 (1) 7a,

(b) he/she is determined to submit to the President of UTK the security reports referred to in art. 17a par. 4,

(c) (repealed)

(d) (repealed)

3) the manager, the railway carrier or the user of the railway sinister, who:

(a) carry out activities without the authority document referred to in Article 18,

(b) prevent training or access to the training facilities of another railway operator, manager or operator of the railway siding,

(c) has failed to report to the Commission and to the President of UTK contrary to the obligation referred to in Article 4. 28g ust. 1, of the existence of a serious accident, accident or incident,

(d) hinder the work of the Commission and the railway commission;

(3a) the administrator, the railway carrier, the user of the railway siding or the operator carrying out the services within the railway siding who did not submit the statements referred to in the Article within the time limit to the President of UTK. 22ca ust. 1 point 1;

(3b) an entrepreneur who carries out an economic activity consisting in the provision of traction services, without the supporting documents referred to in art. 18 and art. 43;

4) the railway carrier, the railway infrastructure manager, the owner of the railway station or the manager of the railway station, the ticket vendor, the tourist operator who does not comply or violates the provisions of the art. 4, art. 5, art. 8 ust. 1, art. 9, art. 11, art. 12, art. 16, art. 19, art. 20 para. 1, art. 21 (1) 2, art. 22, art. 23, art. 24, art. 26, art. 27, art. 28 and art. 29 of Regulation No 1371 /2007/EC;

5. the manager, the railway carrier or the owner of the station or the manager of the railway station, who:

(a) does not give a timetable for the carriage of persons or of his/her change to the public within a period of time and on the basis of the rules referred to in Article 3 30 par. 5c-5f,

(b) has breached the prohibition of unlawful practices infringing the collective interests of passengers in the rail transport referred to in Article 4 (1). 14b par. 1, or

(c) make it difficult for the President of UTK to carry out the activities referred to in Article 3. 15;

6) a authorising officer who has not informed the President of UTK of any change in the data concerning the railway vehicle registered in the national register of railway vehicles in respect of the data covered by that register, including the existence of the plaintirer's circumstances the need to remove a railway vehicle from its register of railway vehicles.

2. The entrepreneur's violation of each of the provisions of the paragraph. 1 The President of UTK imposes, by decision, a penalty payment of up to 2% of the entrepreneur's annual income, achieved in the previous calendar year, subject to the paragraph. 2a.

2a. The President of UTK may depart from the imposition of the penalty referred to in paragraph. 2, if the effects of the infringement by the trader of a paragraph. 1. were deleted by the Commission within the time limit laid down in the decision on the basis of the Article. 13 (1) 6.

2aa. The President of UTK, taking into account the extent of the infringement, the current activity of the entity and its financial capacity, may impose, by means of a decision, a penalty payment equivalent to EUR 5000 per day of delay in the execution of:

1) the decisions referred to in art. 13 (1) 6, art. 14 para. 1 and 2, art. 14a par. 4 and para. 6 points 2 and Article 6 25m ust. 1 and 2, or

2) court judgments in the cases referred to in paragraph. 2 and 3 and in Article 29 par. 1.

2ab. The monetary penalty referred to in paragraph 1. 2aa, shall be imposed, counting from the date indicated in the decision imposing the penalty.

2ac. The value of the euro referred to in paragraph 1. 2aa, shall be converted into gold according to the provisions adopted on the basis of art. 35 par. 3 of the Act of 29 January 2004. -Public procurement law.

2b. In determining the amount of the monetary penalty, the President of UTK takes into account the extent of the infringement, the current activity of the entity, and its financial capacity.

2c. The penalties referred to in paragraph 1 shall not be imposed. 1 point 4, if the Railway Undertaking, the railway infrastructure manager, the owner of the railway station or the manager of the railway station, the ticket seller, the tourist operator before the date of the decision by the President of UTK voluntarily removed the infringement or has fulfilled the obligations under Regulation (EC) No 1371 /2007/EC.

3. Regardless of the monetary penalty specified in the paragraph. 1 and 2 The President of UTK may impose a pecuniary penalty on the manager of the manager and the railway operator, with the result that the penalty may be meted out to an amount of not more than 300% of his monthly salary.

4. Cash penalties shall be subject to the enforcement of enforcement proceedings in the administration in respect of execution of duties of a monetary nature and constitute the revenue of the state budget.

Chapter 13

Amendments to the provisions in force. Transitional and final provisions

Article 67. (bypassed)

Article 68. (bypassed)

Article 69. (bypassed)

Article 70. [ Transitional provision] Legal proceedings concerning the conclusion and execution of the agreements referred to in Article 9 ust. 1 and Art. 10 para. 1 and 2 of the Act referred to in art. 76 (1) 1, initiated prior to the entry into force of this Act, shall be carried out according to the existing provisions.

Article 71. [ Protection of allowances acquired prior to the entry into force of the Act] 1. Privileges resulting from decisions issued before the date of entry into force of this Act, on the basis of the provisions of the Act referred to in art. 76 (1) 1, subject to the provisions of Article 1. 68, they retain power.

2. To administrative proceedings in matters covered by the provisions of the Act referred to in art. 76 (1) 1, instituted, and not completed before the date of entry into force of this Law, shall apply the provisions of this Law.

Article 72. (bypassed)

Article 73. [ Forwarding to the President of UTK of cases not completed until the date of entry into force of the Act] The minister competent for transport will pass the case to the President of UTK along with the acts that pass into the scope of his action and have not been completed by the day of entry into force of the Act.

Article 74. [ Creation Of A Rail Transport Authority] 1. The Office of Rail Transport is established.

2. The Office of Rail Transport is created by the transformation of the existing Chief Inspectorate of Railway.

3. The Chief Inspectorate of Railway Applications is called.

4. The President of UTK takes over the conduct of the affairs of the Chief Inspector of the Railway, along with the acts of cases not completed until the day of the abolition of the Chief Inspectorate of Railway.

5. The employees of the Main Inspectorate of Railway Station become employees of the Office of Rail Transport.

6. The Office of Rail Transport takes over the property of the Main Inspectorate of Railway.

7. The President of UTK joins all legal relations, the subject of which was the Chief Inspectorate of Railway.

Article 75. [ Financing Of The Railway Transport Authority] 1. Financing of the Office of Rail Transport by the end of the calendar year in which it is created shall take place from the financial resources allocated to the operation of the Main Inspectorate of the Railway and from the Minister's Budgetary Part the competent transport for the tasks carried out so far by the Minister responsible for transport, in so far as they have passed to the scope of the President of UTK.

2. The Minister responsible for public finance shall make the appropriate amendments to the budget of the State for the year 2003 to ensure the financing of the Office of Rail Transport, to the extent necessary for the performance of the tasks set out in this Act.

Article 76. [ Repealed provisions] 1. The Act of 27 June 1997 shall be repealed. o Rail transport (Dz. U. Entry 591, of late. zm.).

2. (bypassed)

Article 77. [ Date of application of the provisions of Article 27 ust. 6 and Article 43 par] Provisions art. 27 ust. 6 [ 7] and Art. 43 par. 3 shall apply as of the date of acquisition by the Republic of Poland of the membership of the European Union.

Art. 77a. [ Date of expiry of the provisions of Chapter 2b] The provisions of Chapter 2b shall be repealed with effect from 31 December 2020.

Article 78. [ Entry into force] The Act shall enter into force after 14 days from the day of the announcement.

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¹⁾ This Act shall apply to the implementation of the following Directives of the European Communities as regards its implementation:

(1) Directive 91 /440/EEC of 29 July 1991 (OJ 1991 L 94, p. on the development of the Community's railways (Dz. Urz. EC L 237 of 24.08.1991);

2. Directive 92/106/EEC of 7 December 1992 (1). on the establishment of common rules for certain types of combined transport of goods between Member States (Dz. Urz. EC L 368 of 17.12.1992);

3) of Directive 95 /18/EC of 19 June 1995 (OJ 1995 L 95, p. on the granting of licences to railway undertakings (Dz. Urz. EC L 143 of 27.06.1995);

(4) Directive 96 /48/EC of 23 July 1996 (1). on the interoperability of the trans-European high speed rail system (Dz. Urz. EC L 235, 17.09.1996);

(5) Directive 2001 /12/EC of 26 February 2001 (OJ 2001 L 28, p. amending Directive 91 /440/EEC on the development of the Community's railways (Dz. Urz. EC L 75 of 15.03.2001);

(6) Directive 2001 /13/EC of 26 February 2001 (OJ 2001 L 28, p. amending Directive 95 /18/EC on the licensing of railway undertakings (Dz. Urz. EC L 75 of 15.03.2001);

(7) Directive 2001 /14/EC of 26 February 2001 (OJ 2001 L 31, p. on the allocation of railway infrastructure capacity and the levies of charges for the use of railway infrastructure and the award of safety certificates (Dz. Urz. EC L 75 of 15.03.2001);

(8) Directive 2001 /16/EC of 19 March 2001 (OJ 2001 L 31, p. on the interoperability of the trans-European conventional rail system (Dz. Urz. EC L 110 of 20.04.2001).

The data relating to the publication of the acts of the European Union, as set out in this Act, on the date of accession by the Republic of Poland of membership of the European Union, shall refer to the publication of those acts in the Official Journal of the European Union. Special

Annex 1.

Annex to the Act of 28 March 2003.

I. Services to be provided to railway undertakings

1. Minimum access to the railway infrastructure includes:

1) operation of the request for the granting of railway infrastructure capacity;

2) the right of use of the railway infrastructure granted;

3) the use of crossings and railway hubs to the extent necessary for the train to pass after the route has been assigned;

4. control of the movement of trains, including signalling, control, refusing and communication, and the provision of information on train movements;

5. to make available the information required for the implementation or operation of the services for which the railway infrastructure capacity has been granted;

6. provision of the overhead contact line equipment, if available.

2. Access to the railway network for train-handling equipment, as well as the provision of this service including the use of:

1) (repealed);

2. fuel supply equipment;

3) passenger stations, their buildings and other equipment;

4) railway terminals;

5) government stations;

6) track and equipment for the formation of train depots;

7. apron tracks;

8) oblation and other technical amenities.

II. Services which may be provided to railway undertakings

1. Additional services shall include in particular:

1) use of traction power;

2. heating of passenger train depots;

3) supply of fuel, manoeuvers and other services provided for the handling of equipment;

4) contracts tailored to the individual needs of the client consisting of:

(a) the exercise of control over the transport of dangerous goods,

(b) providing assistance in conducting emergency trains.

2. Support services shall include in particular:

1) access to the telecommunications network;

2. providing supplementary information;

3. technical control of rolling stock.

[ 1] ECM-Entity in Charge of Maintenance.

[ 2] NVR-National Vehicle Register.

[ 3] VKM-Vehicle Keeper Marking.

[ 4] EVN-European Vehicle Number.

[ 5] Commission Decision 2011 /107/EU of 10 February 2011. amending Decision 2007 /756/EC adopting a common specification concerning the national register of railway vehicles (Dz. Urz. EU L 43, 17.02.2011, p. 33).

[ 6] Repealed by Art. 73 point 1 (a) (a) of the Act of 24 May 2013. with direct coercive measures and firearms (Dz. U. Entry 628; last zm.: Dz.U. z 2016 r. items 904), which entered into force on 5 June 2013.

[ 7] Repealed by Art. 54 point 1 of the Act of 31 March 2004. Transport of dangerous goods by rail (Journal of Laws No 97, pos. 962; ost. zm.: Dz.U. z 2011 r. No. 171, item. 1016), which entered into force on 16 May 2004.