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Law No. 202 Of 4 November 2016 On The Integration Of The Railway System From Romania In The Space Of The Single European Rail

Original Language Title: LEGE nr. 202 din 4 noiembrie 2016 privind integrarea sistemului feroviar din România în spaţiul feroviar unic european

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LEGE no. 202 202 of 4 November 2016 on the integration of the Romanian rail system into the single European railway
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 900 900 of 9 November 2016



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 Subject matter and scope (1) The present law shall be established: a) the rules applicable on the territory of Romania concerning the administration of railway infrastructure and rail transport activities of railway operators who are based or to establish their premises in a Member State, They're in the head. II; b) the criteria applicable to the issuance, renewal or modification of railway transport licences by the Romanian Railway Licence Body, intended for railway operators who are established or are to be established in Romania, set in head. III; c) the principles and procedures applicable to the establishment and levying of charges for the use of railway infrastructure and the allocation of railway infrastructure capacity laid down in the head. IV. (2) This law applies to the use of railway infrastructure for domestic and international rail transport services operated on the territory of Romania. + Article 2 Exclusions from the scope of application ((1) Head provisions. II shall not apply to railway operators operating only urban, suburban or regional transport services in the framework of independent local and regional networks for transport services on railway infrastructure or within the framework of the networks intended solely for the operation of urban or suburban rail transport services. Where such a railway operator is under the direct or indirect control of a company or other entity carrying out or integrating rail transport services other than transport services urban, suburban or regional, the provisions of art. 4 4 and 5. Art. 6 6 shall also apply to such operators of rail transport in respect of the relationship between rail operators and economic operators or the entity which controls them directly or indirectly. (2) They are excluded from the application of the head provisions III: a) companies operating only passenger rail services on an independent local or regional railway infrastructure; b) companies operating only urban or suburban passenger rail services; c) companies operating only freight services on a private railway infrastructure that exists only to be used by its owner for the purpose of carrying out its own freight transport. (3) The provisions of art. 7, 8, 13 and head. IV: a) independent local and regional networks for passenger transport services on railway infrastructure; b) networks intended solely for the operation of urban or suburban passenger transport services; c) regional networks used for regional freight transport only by a railway operator, not specified in par. (1), until another applicant requests the use of the capacity of that network; d) private railway infrastructure that exists only for the use of its owner, for its own freight operations. ((. Without prejudice to paragraph 1. (3), may be excluded, in compliance with the legislation in force, by Government decision, from the application of art. 8 8 para. (3) Local and regional railway infrastructure which is not of strategic importance for the functioning of the railway market and from the application of the head. IV local railway infrastructure not of strategic importance for the operation of the railway market. The Ministry of Transport shall notify the Commission of the intention to exclude such railway (5) It is excluded from the application of art. 31 31 para. (5) vehicles operated or intended to be operated from and to third countries, which circulate on a network whose gauge is different from that of 1435 mm. (6) The Ministry of Transport establishes, by order of the Minister, the publication of the framework and the rules for charging the use of railway infrastructure specifically applicable to international freight services originating or having as destination third states, operated on a network whose gauge is different from that of the railway network in Romania, with tools and deadlines different from those provided in art. 29 29 para. ((1), if this is necessary to ensure fair competition. + Article 3 Definitions For the purposes of this law, the following terms and expressions have the following meanings: 1. framework agreement-a legally binding general agreement concluded in accordance with the legislation in force, which establishes the rights and obligations of an applicant and the infrastructure manager with regard to the capacities of the infrastructure to be allocated and to the charges applicable for a duration exceeding a single period of validity of the circulation chart; 2. cross-border agreement-any agreement between two or more Member States or between Member States and third States in order to facilitate the provision of cross-border rail transport services; 3. infrastructure manager-National Railway Company "C.F.R." --S.A. -the company responsible for the development, administration and maintenance of railway infrastructure, including traffic management, monitoring and order of signage, according to its activity/competences, according to the establishment and operation; 4. allocation-allocation of railway infrastructure capacity by the infrastructure manager; 5. viable alternative-access to another service infrastructure that is economically acceptable for the rail operator and which allows it to provide those freight or passenger services; 6. Authority for the granting of railway transport licenses-Romanian Railway Licence Body, independent body, established within the Romanian Railway Authority-A.F.E.R., responsible for the granting of railway transport licenses in Romania, under the law; 7. infrastructure capacity-the possibility of scheduling the required routes for an infrastructure segment over a certain period; 8. activity contract-equivalent to the expression agreement of a contractual nature, defined in art. 3 3 section 16 16 of Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area, a contract between the infrastructure manager and the Ministry of Transport, on behalf of the State, regulating the relations between the infrastructure manager and public institutions; 9. coordination-the procedure by which the infrastructure manager and the applicants seek to resolve the situations of competing reservation requests for infrastructure capacity; 10 10. Network reference document-the document specifying in detail the general rules, deadlines, procedures and criteria for charging and infrastructure capacity allocation systems, including any other information of this kind necessary to enable the request of infrastructure capacity; 11. circulation chart-the data defining all scheduled movements of trains and rolling stock on the respective infrastructure during the period of validity of this chart; 12. railway infrastructure-as a whole of the items listed in Annex no. I; 13. service infrastructure-installations, including land, buildings and equipment, which have been specially arranged, in whole or in part, to enable the provision of one or more of the services referred to in point (a). 2 2-4 of Annex no. II; 14. saturated infrastructure-an element of infrastructure for which requests for infrastructure capacity cannot be fully satisfied in certain periods, even after the coordination of the various requests for reservation of these capacities infrastructure; 15. capital maintenance-routine work that is not carried out within day to day operations and requiring the removal of the vehicle from operation; 16. railway transport licence-the authorisation granted by a licensing authority to a company, recognising its ability to provide rail transport services as a railway operator. Only certain types of rail transport services may be permitted by the transport licence; 17. garare line-the lines intended specifically for the temporary stationing of railway vehicles between two orders; 18. railway operator-equivalent to the express railway undertaking, defined in art. 3 3 section 1 1 of Directive 2012/34/EU, any public or private entity authorised in accordance with this Law, whose main activity is the provision of rail freight and/or passenger services, the traction being ensured compulsory by this; companies which only ensure traction are also included; 19 19. operator of a service facility-any public or private entity responsible for the management and granting of access to a service infrastructure or for the provision of one or more services to transmission operators rail referred to in 2 2-4 of Annex no. II; 20 20. capacity improvement plan-a measure or a series of measures accompanied by an implementation timetable, aimed at improving the capacity restrictions that have led to the declaration of an infrastructure element as a saturated infrastructure; 21. reasonable profit-a rate of return on equity, which may not exceed 3% and which takes into account the risk, including income, or the absence of the risk borne by the operator of the service infrastructure; 22. network-the entire railway infrastructure managed by the infrastructure manager; 23. alternative route-another route between the same point of origin and the same destination, where there is substitutability between the two routes for the provision of those freight or passenger services by the operator rail transport; 24. regional services-transport services whose main purpose is to meet the transport requirements of a region, including a cross-border region; 25. urban and suburban services-passenger rail services, which operate to meet the transport needs of an urban center or a conurbation and proximity/bordering areas, provided by train passenger trains; 26 26. international passenger transport service-a passenger service in which the train crosses at least one border of a Member State and whose main purpose is to transport passengers between stations located in Member States different; the introduction and/or removal of wagons from train composition can be achieved and different segments of it may have different origins and destinations, provided that all wagons cross at least one border; 27. international freight service-a transport service in which the train crosses at least one border of a Member State; may/may carry out the entry and/or removal of wagons from the train, and the various sections may have different origins or destinations, provided that all wagons cross at least one border; 28. applicant-a railway operator or a national or international grouping of railway operators or other natural or legal persons or entities, for example the competent authorities provided for in Commission Implementing Regulation (EU) No 1.370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger rail and road transport services and repealing Regulations (EEC) No 1.191/69 and No. 1.107/70 of the Council, and the Chargers, consignors and combined transport operators wishing to obtain infrastructure capacity for public service activities or for commercial purposes; 29 29. Member States-Member States of the European Union (EU) or States Parties to the Agreement on the European Economic Area (EEA); 30. non-member states which are not members of the European Economic Area; 31. pulled-the infrastructure capacity required to allow the movement of a train between two points of the network during a specified period. + Chapter II Railway development in Romania + Section 1 Independent administration + Article 4 Independence of railway operators and infrastructure manager (1) Rail transport operators held or controlled, directly or indirectly, by the state have an independent status in terms of management, administration and internal control of administrative, economic and accounting problems, based on to which what they hold, especially assets, budgets and accounts, are separate from those of the state. The activity of the railway operators where the state holds the majority stake is subject to the control of the Court of Auditors and the other institutions with control powers. (2) At the same time as compliance with the tariff and allocation framework and the specific rules established by national law, the infrastructure manager shall be responsible for its own management, administration and internal control. + Article 5 Administration of railway operators according to commercial principles (1) Rail operators adapt their activities according to market conditions and manage these activities under the responsibility of their own governing bodies, in the interest of providing efficient and appropriate services to the lowest possible cost for the quality of the service requested. Rail operators shall be managed in accordance with the principles applicable to companies, irrespective of who they are held. This is also true for the public service obligations imposed on them by the State and for the public service contracts it concludes with the competent authorities of the State. (. Rail operators shall draw up their own business plans, including investment and financing programmes. Those plans are designed to achieve, at the level of society, the financial balance and other technical, commercial and financial objectives of management; the plans also indicate the means of achieving these objectives. ((3) By reference to the general policy guidelines issued by the Ministry of Transport and taking into account national plans and contracts, which may be multiannual, including investment and financing plans, railway operators have right: a) establish its internal organization, without prejudice to the provisions of art. 7 7, 29 and 39; b) to control the supply and removal of services on the market and to fix their prices; c) take decisions on own staff, assets and acquisitions; d) expand its market share, develop new technologies and new services and adopt any innovative managerial technique; e) establish new activities in areas associated with rail. This paragraph is without prejudice to provisions Regulation (EC) No 1.370/2007 . (4) Major decisions related to the management of the activity of railway operators, where the state holds a majority stake, is approved by the general meeting of shareholders, on the proposal of the board of directors, in compliance with the provisions of applicable law applicable to companies, irrespective of the form of ownership + Section 2 Separation between infrastructure management and transport operations and between different types of transport operations + Article 6 Administrative and accounting separation (1) Rail infrastructure and rail transport services shall be administered by separate legal, decision-making and functional entities. This provision is also applicable on the railway infrastructure sectors leased to other companies, under the law, in order to manage and operate. (2) Rail transport operators and infrastructure manager are required to keep profits and losses accounts and separate balance sheets, complying with the legal provisions in force, for activities related to the provision of transport and, respectively, for activities related to the management of railway infrastructure and to publish them on their websites and on the website of the Ministry of Transport. Public funds paid for the provision of transport services or for the management of railway infrastructure cannot be transferred between the two sectors of activity. Payment of services delivered between railway entities shall not be regarded as a transfer of public funds, irrespective of the origin of the funds with which the payments (3) Rail operators have the obligation to keep and publish on their own websites profit and loss accounts and separate balance sheets, respecting the legal provisions in force, on the one hand in relation to the activities regarding the provision of rail freight services and, on the other hand, in relation to activities relating to the provision of passenger transport services. Public funds paid for activities related to the provision of transport services as public service obligations shall be presented separately in the related accounting, in accordance with the provisions of art. 7 7 of Commission Implementing Regulation (EU) No 1.370/2007 ,, and may not be transferred to activities related to the provision of other transport services or other activities. (4) The accounts of the different sectors of activity referred to in paragraph ((2) and (3) are kept in such a way as to enable the monitoring of the transfer ban of public funds paid to one sector of activity to another, as well as the monitoring of the use of revenue from infrastructure charges and of surpluses in other commercial activities. + Article 7 Independence of essential functions of infrastructure manager (. The infrastructure manager shall have the obligation to provide all rail operators with fair and non-discriminatory access to infrastructure. To that end, the infrastructure manager shall exercise the following essential functions: a) decision-making in relation to the allocation of the routes, including the definition and evaluation of availability, and the actual allocation of individual routes; b) decision-making in relation to the charging of infrastructure use, including the establishment and collection of tariffs, without prejudice to the provisions of art. 29 29 para. ((1). (2) The infrastructure manager does not have the right to carry out rail transport services, with the exception of transport in self-interest regulated by Government Emergency Ordinance no. 12/1998 on the transport on the Romanian railways and the reorganization of the National Society of Romanian Railways, republished, with subsequent amendments and completions. ((. Without prejudice to the provisions of paragraph 1. (1), the Ministry of Transport may entrust to railway operators or any other body the responsibility to contribute to the development of railway infrastructure, by investment, maintenance and/or financing, and by other modalities provided by law. The entrustment of such responsibility must not involve the entity taking over its decision-making functions on the management or development of the railway infrastructure. + Section 3 Improving financial situation + Article 8 Infrastructure manager financing (1) The Romanian state, through the Ministry of Transport, ensures the development of national railway infrastructure on the basis of sustainable financing of the railway system, taking into account the needs of the internal transport market and the general needs of the European Union, including the need to cooperate with neighbouring third countries. To this end, the Ministry of Transport, in consultation with the infrastructure manager, shall develop the indicative infrastructure development strategy to meet future mobility needs, with regard to maintenance, renewal and development of infrastructure. That strategy shall cover a period of at least 5 years and shall be renewable. After consulting the interested parties, this strategy shall be published by the Ministry of Transport and transmitted to the European Commission. (2) The Ministry of Transport shall provide the infrastructure manager, in accordance with national legislation and with the provisions of 93 93, 107 and 108 of the Treaty on the Functioning of the European Union, hereinafter referred to as TFEU, financing at an appropriate level with its functions, as provided for in art. 3 3 section 3, with the size of the infrastructure and the financial needs, in particular to cover new investments. By decision of the Government it can be decided, in compliance with the legislation in force, to finance these investments through loans guaranteed by the state or by other means than direct financing from the state. If the infrastructure manager carries out other economic activities other than infrastructure management, the accounting separation of the two categories of activities is necessary, so that the financing from the State be used exclusively for the management of infrastructure. In any case, the Ministry of Transport ensures compliance with the requirements provided in ((4). (3) Within the general policy established by the Ministry of Transport and taking into account the strategy provided in par. (1) and the financing provided by the state, provided in par. ((2), the infrastructure manager shall adopt a business plan including investment and financing programmes. The plan shall be drawn up in such a way as to ensure the optimal and efficient use, provision and development of the infrastructure, while ensuring the financial balance and making available the means necessary for the achievement of the these objectives. The infrastructure manager shall provide interested applicants, at their request, with access to relevant information and the opportunity to express their views on the content of the business plan with regard to the conditions of access and use, as well as the nature, supply and development of infrastructure, prior to its approval by the infrastructure manager. (4) Under normal conditions of activity and for a reasonable period not exceeding 5 years, the infrastructure manager's profit and loss accounts must show at least a balance between the income resulting from the charges of use of the infrastructure, surplus resulting from other commercial activities, non-refundable income from private sources and state funding, on the one hand, including, where applicable, advance payments from the State made in accordance with the provisions of the legislation in force and, on the other hand, infrastructure spending. For this purpose, within the framework of the contract of activity concluded between the Ministry of Transport and the infrastructure manager, the state funding will be established so as to ensure that this balance is achieved and the Ministry Transport will ensure the allocation of funds including, where appropriate, for the financing of actions of a multiannual nature. Without prejudice to the long-term objective of user coverage of infrastructure costs for all modes of transport, on the basis of fair and non-discriminatory competition between the various modes of transport, in the case of in which rail transport may compete with other modes of transport within the charging framework provided for in art. 31 and 32, the Ministry of Transport can ask the infrastructure manager to balance his accounts without turning to state funding. + Article 9 Transparency of debt transparency Without prejudice to the European Union rules in the field of State aid and in accordance with the provisions of art. 93 93, 107 and 108 of the TFEU, the Ministry of Transport establishes the appropriate mechanisms to help reduce the indebtedness of rail transport operators with state capital, at a level that does not affect sound financial management and which improves financial situation. The mechanisms will be provided by Government decision, in compliance with the provisions of national and European Union law in the field of state aid. + Section 4 Access to railway infrastructure and services + Article 10 Conditions for access to railway infrastructure (1) Rail operators shall be granted, under fair, non-discriminatory and transparent conditions, the right of access to railway infrastructure in Romania, in order to operate any type of rail freight services. That right shall include access to infrastructure connecting seaports and inland ports and other service facilities referred to in point (a) 2 2 of Annex no. II and the infrastructure that serves or could serve more than one end customer. (2) Rail operators shall be granted the right of access to railway infrastructure in Romania for the purpose of operating an international passenger transport service. During the course of an international passenger transport service, rail operators have the right to board passengers from any station located on that international route and to disembark them at another station. That right shall include access to the infrastructure connecting the service facilities referred to in point 1. 2 2 of Annex no. II. (3) Following a request submitted by the competent authorities or by interested railway operators, the National Railway Supervisory Board must determine whether the main purpose of the service provided is to transport passengers between stations located on the territory of different Member States. ((4) The measures determining the details of the procedure and the criteria to be followed for the application of the provisions ((3) will be adopted in accordance with the implementing acts adopted by the European Commission. + Article 11 Limitation of the right of access and of the right of boarding and disembarkation (1) The Ministry of Transport, with the agreement of the National Railway Supervisory Board, may limit, by decision, the right of access provided for in art. 10 to services operated between a starting point and a destination subject to one or more public transport service contracts which are in conformity with European Union legislation and/or national law, as is Case. Such limitation does not have the effect of restricting the right of passengers ' boarding at any station located on the route of an international service and their landing at another station, unless the exercise of this right would be prohibited. jeopardise the economic balance of such a public service contract. (2) The National Railway Supervisory Board determines, on the basis of an objective economic analysis and predetermined criteria established under the law, whether the economic balance of the public service contract would be jeopardised, following a request from any of the following entities: a) the Ministry of Transport and/or the competent authorities which awarded the public service contract b) any other competent authority concerned which has the right to limit access within the meaning of this Article; c) infrastructure manager; d) the railway operator executing the public service contract. At the request of the National Railway Supervisory Board, the competent authorities and railway operators providing such public services shall make available the information requested, within reasonable limits, in order to be able to make a decision. The National Railway Supervisory Board shall review the information made available by these parties and, where appropriate, request any relevant information from all parties involved and initiate their consultation within 30 days. from receiving the request. The National Railway Supervisory Board must consult all parties concerned, as the case may be, and inform the parties of its reasoned decision within a predetermined and reasonable time and in any case within 6 weeks. from receiving all relevant information. (3) The National Railway Supervisory Board shall provide the reasons for its decision and specify the time limit and the conditions under which any of the following entities may request the reassessment of the underlying situation. issue of decision: a) the Ministry of Transport and/or the relevant authorities b) infrastructure manager; c) the railway operator performing the public service contract; d) the railway operator requesting access. ((. The measures setting out the details of the procedure and the criteria to be followed for the application of the provisions ((1)-(3) will be adopted in accordance with the implementing acts adopted by the European Commission. + Article 12 Charging of a tariff from rail operators providing passenger transport services (1) Without prejudice to the provisions of art. 11 11 para. (2), the Ministry of Transport may charge a tariff from railway operators offering commercial passenger rail transport services for the operation of routes falling under the competence of the Ministry of Transport according to public service contracts, between two stations on the territory of Romania, under the conditions provided for in this Article. In this case, the rail operators offering the respective domestic or international passenger transport services shall be affixed the same tariff for the operation of the routes falling within the competence of the Ministry of Transport. (2) The tariff is intended to compensate the Ministry of Transport for the public service obligations established by the public service contracts awarded, under the law. The income obtained from the application of this tariff and paid as compensation does not exceed what is necessary to cover in full or in part the costs incurred by the execution of the public service obligations in question, taking into account the actual receipts and a reasonable profit level for the performance of those obligations. The income obtained from the application of this tariff and paid as compensation shall be transferred by the Ministry of Transport to the state budget, in accordance with the legal provisions in force. (3) That tariff complies with the principles of fairness, transparency, non-discrimination and proportionality, in particular between the average price of passenger service and the level of tax levied. The total amounts charged under this paragraph shall not jeopardise the economic viability of the passenger rail service to which they are applied. (. The Ministry of Transport shall keep the information necessary to ensure that it can identify the origin and use of the tariff, with the obligation to make such information available to the European Commission. ((5) The measures laying down the details of the procedure and the criteria to be followed for the application of this Article shall be adopted in accordance with the implementing acts adopted by the European Commission. + Article 13 Conditions for access to services (. The infrastructure manager shall provide all railway operators, in a non-discriminatory manner, with the minimum access package referred to in point (a). 1 1 of Annex no. II. ((2) The operators of the service infrastructures shall provide in a non-discriminatory manner to all railway operators access, including access by rail, to the infrastructures referred to in point (a). 2 2 of Annex no. II and the services provided under these infrastructures. ((3) In order to ensure full transparency and non-discriminatory access to the service facilities referred to in point 1. 2 lit. a)-d), g) and i) of Annex no. II, as well as the provision of services within these infrastructures, where the operator of such service infrastructure is under the direct or indirect control of a body or a company which also operates and has a dominant position in the national rail service markets for which infrastructure is used, operators of these service facilities must organise themselves in an independent manner from a standpoint of view organisational and decision-making vis-à-vis that body or society. This independence does not involve the requirement of establishing a separate legal entity for service infrastructures and can be obtained by the organisation of separate departments within the same legal entity. For all service facilities referred to in point (a) 2 2 of Annex no. II, the operator and the respective body or company have separate accounts, including balance sheets and separate profit and loss accounts, which are held and published in compliance with the legal provisions in force. The operation of a service facility may be provided by the infrastructure manager or by an operator of the service infrastructure under the direct or indirect control of the infrastructure manager, in compliance with the requirements provided in art. 7. ((3) In order to ensure full transparency and non-discriminatory access to the service facilities referred to in point 1. 2 lit. a)-d), g) and i) of Annex no. II, as well as the provision of services within these infrastructures, where the operator of such service infrastructure is under the direct or indirect control of a body or a company which also operates and has a dominant position in the national rail service markets for which infrastructure is used, operators of these service facilities must organise themselves in an independent manner from a standpoint of view organisational and decision-making vis-à-vis that body or society. This independence does not involve the requirement of establishing a separate legal entity for service infrastructures and can be obtained by the organisation of separate departments within the same legal entity. For all service facilities referred to in point (a) 2 2 of Annex no. II, the operator and the respective body or company have separate accounts, including balance sheets and separate profit and loss accounts, which are held and published in compliance with the legal provisions in force. The operation of a service facility may be provided by the infrastructure manager or by an operator of the service infrastructure under the direct or indirect control of the infrastructure manager, in compliance with the requirements provided in art. 7. ((4) Applications submitted by railway operators for granting access to services and providing them in the framework of the service facilities referred to in point (a). 2 2 of Annex no. II are answered within a reasonable time, set by the National Railway Supervisory Board, but no later than 30 days from the date of application. Such applications may be rejected only if there are viable alternatives which enable them to operate the freight or passenger service on the same routes or on alternative routes in economically acceptable conditions. This does not oblige the operator of the service infrastructure to make investments in resources or infrastructure to respond to all requests by rail operators. Where requests by rail operators concern access to services and their provision within a service infrastructure managed by an operator of the service infrastructure referred to in paragraph 1. ((3), the operator of the service infrastructure shall justify, in writing, any decision to reject and indicate viable alternatives. ((5) Where an operator of a service facility referred to in point (a) 2 2 of Annex no. He discovers that there are conflicts between different demands, he must try to satisfy, as far as possible, all requests. If there is no viable alternative and no capacity applications can be resolved for that infrastructure on the basis of demonstrated need, the applicant may lodge a complaint with the National Railway Supervisory Board, which shall examine the case and take measures, where appropriate, to ensure that an appropriate part of the capacity is granted to that applicant. ((6) Where an infrastructure of services referred to in point (a) 2 2 of Annex no. II has not been in use for at least 2 years in a row, and rail operators have informed the operator of that service infrastructure of their interest in access to that infrastructure, on the basis of their needs. demonstrated, its owner must publish a concession or lease notice, under the law, for the operation of the railway service infrastructure, in part or in full, unless that operator service infrastructures demonstrate that an ongoing reconversion process does impossible to use it by a railway operator. ((7) Where the operator of the service infrastructure provides any of the services referred to in point (a). 3 3 of Annex no. It shall, in the form of an additional service, provide it, on request, to railway operators in a non-discriminatory manner. (8) Rail operators may require the manager of the infrastructure or operators of the service facilities, as additional services, the ancillary services referred to in point (a). 4 4 of Annex no. II. The operator of the service infrastructure shall not be obliged to provide such ancillary services. Where the operator of the service infrastructure decides to provide any of the ancillary services concerned, it shall provide it to the rail operators on request in a non-discriminatory manner. ((9) The measures setting out the details of the procedure and the criteria to be followed in order to ensure access to the services 2 2-4 of Annex no. II will be adopted in accordance with the implementing acts adopted by the European Commission. + Section 5-a Cross-border agreements + Article 14 General principles on cross-border agreements (1) Transboundary agreements are concluded by the Ministry of Transport, which must ensure that the provisions included in these agreements do not create discrimination between rail operators and do not limit the freedom of operators from rail transport to operate cross-border services. (2) The Ministry of Transport shall notify the European Commission of any cross-border agreement concluded before the entry into force of the The Ministry of Transport also notifies the European Commission of any new or revised cross-border agreement with other Member States, prior to their conclusion, in order to allow the Commission to decide, by means of implementing acts, whether those agreements comply with the law of the European Union. (3) The Ministry of Transport shall notify the Commission of the intention to start negotiations and to conclude new or revised cross-border agreements with third countries. (4) The Ministry of Transport shall regularly inform the European Commission of such negotiations and, where appropriate, invite it to participate as an observer. (5) In accordance with the legislation in force, the Ministry of Transport is authorized, as a result of decisions adopted in this regard by the European Commission, to apply provisionally and/or to conclude new cross-border agreements or reviewed with third States, provided that these agreements are compatible with the law of the European Union and are without prejudice to its transport policy. + Section 6 Market monitoring + Article 15 Scope of monitoring ((1) For the purposes of market monitoring by the European Commission, the Ministry of Transport shall provide the Commission annually with the necessary information on the use of networks and on the evolution of the framework conditions in the railway sector social partners. (2) The Ministry of Transport and the National Railway Supervisory Board, together with the representatives of the sectors concerned, including, where appropriate, the social partners in the railway sector, users and representatives of the authorities local and regional, work with the European Commission so that they can better track the development of the rail sector and market developments, assess the effect of the measures adopted and analyse the impact of the measures planned by the Commission European. + Chapter III Granting of rail transport licences to rail transport operators + Section 1 Licensing authority + Article 16 Licensing authority (1) The authority responsible for granting railway transport licences in Romania is the Romanian Railway Licence Body, established under the Law no. 55/2006 on railway safety, with subsequent amendments and completions, operating as a functional and decision-making independent body within the Romanian Railway Authority-A.F.E.R. (2) The Romanian Railway Licence Body does not provide rail transport services and is independent of any company or entity providing such services. (3) In order to perform the tasks established under the law, the Romanian Railway Licence Body, hereinafter referred to as OLFR, is designated to carry out the following activities: a) licences to operators carrying out rail transport; b) licences to operators performing only the railway manoeuvre c) grant licences to operators who carry out the intermediation of transport activity by rail d) grant licences to operators carrying out certain categories of rail transport services which do not fall within the scope of this Law; e) develop its own strategy for modernisation and development; f) licenses for operators who carry out urban transport by metro; g) compiles annually a report on the activities carried out in the previous year, which it publishes in the AFER Bulletin and on the website of OLFR; h) notify the European Union Agency for Railways, within 30 days of the date of issue, of the railway licences granted, modified, suspended or withdrawn; i) develop rules and regulations in its field of activity; j) ensure the registration of railway operators in the Register of railway operators they manage; k) ensure the record and preservation of the rules, regulations, instructions, methodologies and procedures related to its field of activity; l) periodically publish, on its website, the list of railway operators who have the right to carry out rail transport benefits; m) performs other tasks specific to its field of activity, given in its competence by normative acts. + Section 2 Conditions for obtaining the railway transport licence + Article 17 General requirements ((1) Any company established in Romania, with state and/or private capital, which has registered transport activities on the railway, has the right to request OLFR to obtain a corresponding railway transport license the rail transport services they are to carry out, under the law. ((2) OLFR shall not grant licences for rail transport nor shall it extend their validity if the requirements of this Chapter are not complied with. ((3) Any company fulfilling the requirements set out in this Chapter shall be entitled to receive a railway transport licence under the law. ((4) No company is authorized to carry out the rail transport services covered by this Chapter if it does not possess the corresponding rail transport licence for the services it is to provide, issued by OLFR in the the law. Transport operators have the right of access to railway infrastructure as, in addition to the railway transport licence, they also meet the conditions provided by law for the provision of rail transport service and for access to rail infrastructure. (5) For the issuance of the railway transport licence, the common typeform shall be used with the standard format set out in Annex I to Implementing Regulation (EU) 2015/171 by the Commission of 4 February 2015 on certain aspects of the procedure for the licensing of railway undertakings. + Article 18 Conditions for obtaining a rail transport licence (1) A company applying for a railway licence must be able to demonstrate to OLFR, before the start of its activities, that it will be able at any time to meet the requirements for the honourable, financial, competent professional and also that it will be able to cover the risks of civil liability, as stated in art. 19-22. (2) The company applying for a railway transport licence must provide all the information necessary to prove the fulfilment of the requirements for granting this licence. + Article 19 Requirements for Honourable The Ministry of Transport defines, through the procedures for granting rail transport licences, the conditions under which the honorability requirements are met to ensure that a company applying for a rail transport licence or persons responsible for the management of that company: a) have not suffered a serious criminal conviction, including for acts of participation in activities of a criminal organization, for corruption, for fraud and/or for money laundering, for crimes committed in the commercial field; b) have not been declared bankrupt; c) have not suffered a conviction for serious crimes set out in the specific legislation applicable to transport; d) have not been sanctioned for serious or repeated violations regarding the fulfilment of obligations imposed by social legislation and/or labor law, including obligations imposed by labor protection and health insurance legislation, as well as customs legislation, in the case of an applicant wishing to operate cross-border rail transport of goods subject to customs procedures; e) did not record information in the tax record. + Article 20 Financial capacity requirements (1) The financial capacity requirements are met when a company applying for a rail transport licence can demonstrate that it will be able to meet its present and potential obligations, established on the basis of assumptions Realistic, over a period of 12 months. ((2) OLFR shall verify the financial capacity in particular through the annual accounts of the railway operators or, in the case of companies applying for a railway licence, but are not able to submit their annual accounts, the basis of an accounting balance recorded with the competent financial authority Each company applying for a railway licence shall make available at least the information set out in Annex no. III. ((3) OLFR considers that a company applying for a railway licence does not have the financial capacity if there are substantial or recurrent arrears in terms of taxes or social contributions resulting from its activity. The criteria according to which the notions of substantial or recurring arrears are defined shall be established by the Government's decision provided in art. 25 25 para. ((1). ((4) OLFR may require the submission of an audit report and the corresponding documents issued by a financial and banking institution, another financial institution or an authorised auditor. Those documents include the information set out in Annex no. III. + Article 21 Requirements for professional competence The requirements relating to professional competence are fulfilled if the company applying for a rail transport licence can demonstrate that it has an organisational structure possessing the knowledge or experience necessary for the exercise of a operational control and a safe and effective supervision of the type of operations specified in the rail transport licence. + Article 22 Requirements for civil liability coverage Without prejudice to the European Union rules on State aid and in accordance with the provisions of art. 93 93, 107 and 108 TFEU, in order to prove that it meets the requirements for civil liability insurance, the company must be properly insured, in accordance with the law, or have adequate safeguards, under market conditions, to cover, in accordance with domestic and international law, its civil liability in the event of accidents, in particular with regard to travel, baggage, cargo, mail and third parties. Notwithstanding this obligation, account may be taken of the specific characteristics and risks of the different types of services, in particular for railway operations with a cultural or heritage purpose. + Section 3 Validity of the rail transport licence + Article 23 Territorial and temporal validity (. The railway transport licence granted by OLFR shall be valid throughout the European Union and the States Parties to the Agreement on the European Economic Area. Railway licences granted in a Member State shall be valid on the territory of Romania. ((. A railway licence granted by OLFR shall be valid as long as the railway operator fulfils the obligations laid down in this Chapter. OLFR shall review the fulfilment of these requirements every 2 years. (. Specific provisions governing the suspension or withdrawal of a railway licence shall be included in the licence itself. + Article 24 Temporary rail transport licence, granting, suspension and withdrawal (1) If there are suspicions regarding compliance by a railway operator with the requirements of this chapter, in particular those provided for in art. 18 18, OLFR may at any time verify that the railway operator actually meets those requirements. ((2) If OLFR finds that a railway operator no longer meets the requirements, it shall suspend or withdraw the railway transport licence granted in accordance with the provisions of this Law. ((3) Where OLFR finds that there are suspicions in respect of compliance with the requirements laid down in this Chapter by a railway operator who has been issued a railway licence by the authority of licensing from another Member State, it shall immediately inform, but no later than 3 days, the competent authority of the Member State. (4) By exception to the provisions of par. ((1), where a railway licence is suspended or withdrawn due to non-compliance with the financial capacity requirements, the OLFR may issue a temporary rail transport licence until the reorganisation of the operator rail transport, provided that safety is not jeopardised. The temporary rail transport licence may be issued for a period of not more than 6 months. (5) If a railway operator has interrupted its activity for a period of 6 months or has not started its activity within 6 months of the granting of the railway licence, OLFR may decide that the licence should be subject to new an approval procedure or be suspended. (6) As regards the commencement of the activity, the rail operator may, on the basis of justified reasons, require the establishment of a period of more than 6 months from the granting of the rail transport licence, taking into account the type of transport registered in the licence, and OLFR, following an analysis, may approve the fixing of a range of more than 6 months before the start of the operation of the rail transport services. (7) In the event of a change likely to affect the legal situation of a railway operator and, in particular, in the event of a merger or takeover, OLFR may decide that the railway licence should be subject to an application for approval. The railway operator concerned may continue to work if OLFR does not decide that safety is jeopardised. In such a case, the decision must be reasoned. (8) Where a railway operator intends to modify or extend its activities significantly, the railway licence must be submitted to OLFR for its review. (9) In the event of a procedure for the insolvency of a railway operator, OLFR shall analyse the situation. The railway transport licence shall be suspended, unless the operator presents relevant evidence of the ability to continue its activity, by reorganisation, under the law, within a reasonable period provided for in the the procedures for granting the railway transport licence. (10) Where OLFR issues, suspends, withdraws or amends a railway transport licence, it shall immediately inform the European Union Agency for Railways thereof. + Article 25 Procedure for granting rail transport licences (1) The procedures for granting railway transport licences in Romania are approved by Government decision, shall be published in the Official Gazette of Romania, Part I, and shall be posted on the website of OLFR. The Ministry of Transport informs the European Commission of the approval and publication of licensing procedures. ((2) OLFR shall adopt a decision on the application for a rail transport licence within a reasonable period, but no later than 3 months from the date on which all relevant information was presented to it, in particular the data provided for in Annex No III. OLFR shall take into account all available information. The decision shall be communicated immediately to the company applying for a railway transport licence. Any refusal must be motivated. (3) Appeals against decisions taken by OLFR shall be resolved according to the legal regulations in force regarding the administrative litigation. + Chapter IV Charging of tariffs for the use of railway infrastructure and allocation of railway infrastructure capacity + Section 1 General principles + Article 26 Effective use of infrastructure capacity The National Railway Supervisory Board has the right to ask the infrastructure manager for all the necessary data to ensure that the rail infrastructure capacity and allocation systems comply with the requirements. the principles established by this law and thus allow the infrastructure manager to place on the market and to make optimum and effective use of the available infrastructure capacities. + Article 27 Network Reference Document (. After consulting the interested parties, the infrastructure manager shall establish and publish a network reference document, which may be obtained in printed form after payment of a fee not exceeding the cost of publication of that document. The reference document shall be published in at least two official languages of the Union, one of which is the Romanian language. The content of the network reference document will be made available free of charge, in electronic format, on the infrastructure manager's website and is accessible via a common web portal created by the administrators of infrastructure in Member States pursuant to their cooperation in accordance with the provisions of art. 37 37 and 40. (. The network reference document shall determine the characteristics of the infrastructure provided to the rail operators and shall contain information setting out the conditions for access to the relevant railway infrastructure. The Network Reference Document also contains information setting out the conditions for access to service infrastructures related to the infrastructure manager's network and the provision of services within such infrastructure. services or indicates a website on which such information is made available free of charge in electronic form. The content of the network reference document is set out in Annex no. IV. (. The network reference document shall be regularly updated and amended, where appropriate. (. The network reference document shall be published no later than 4 months before the deadline for the introduction of applications for infrastructure capacity. + Article 28 Agreements between rail operators and infrastructure manager Any railway operator providing rail transport services shall conclude, in accordance with the legal provisions in force, the necessary agreements with the infrastructure manager. The conditions governing such agreements shall not be discriminatory and shall be transparent in accordance with this Law. + Section 2 Charges for the use of infrastructure and services + Article 29 Establishment, calculation and levying of tariffs (1) The establishment of the framework for the charging of the use of the railway infrastructure is made by the activity contract provided 30 30 para. (2), in accordance with the legal provisions in force, in compliance with the independence of the administration provided for in 4. The specific tariff rules shall be established by the infrastructure manager and shall be published by the infrastructure manager in the network reference document, together with the framework for charging the use of the railway infrastructure. The infrastructure manager shall calculate and charge the tariff for the use of the railway infrastructure in accordance with the established framework and charging (. The infrastructure manager shall ensure that the charging system used is based on the same principles valid for the entire network, except as provided for in art. 32 32 para. ((3). (3) The infrastructure manager shall ensure that the application of charging systems determines equivalent and non-discriminatory tariffs for different rail operators performing equivalent services in market areas. similar, and that the tariffs actually applied comply with the rules set out in the network reference document. (. The infrastructure manager shall respect the commercial confidentiality of the information communicated to him by the applicants. + Article 30 Infrastructure costs and accounting (1) The infrastructure manager must be incentivised to reduce the costs of providing infrastructure and the level of access charges, while maintaining and improving the quality of the infrastructure service and meeting the requirements in Safety matter. ((. Without prejudice to their competence in the planning and financing of railway infrastructure and the budgetary principle of annuality, a contract of activity shall be concluded between the Ministry of Transport and the infrastructure manager the period of at least 5 years. This contract shall at least comply with the basic principles and parameters in Annex no. V. ((3) The way of implementing the incentives provided in par. ((1) shall be determined by the contract of activity. ((4) If the mode of implementation of the incentives referred to in par. ((1) It is established by means of regulatory measures, it will be based on the analysis of the cost reductions that could be obtained. These provisions are without prejudice to the powers to review the tariffs of the National Railway Supervisory Board provided for in art. 56. (5) The terms of the activity contract provided in par. ((2) and the structure of payments intended to ensure the funds of the infrastructure manager is agreed in advance and covers the entire duration (6) The provisions of the draft activity contract shall be published by the Ministry of Transport, so that any interested third party is given the opportunity to express their views on the content of the activity contract before signing it. The activity contract shall be published on the website of the Ministry of Transport within 30 days from the date of its conclusion. The infrastructure manager ensures the consistency between the provisions of the activity contract and the business plan provided for in 8 8 para. ((3). (7) The infrastructure manager shall develop and keep a register of assets of its assets and assets under which it is liable under the law and according to the concession/lease contracts of the public domain, concluded under the terms of the regulations in force, which shall be used to assess the financing necessary to repair or replace them. The register also includes information on spending on infrastructure renewal and modernisation. (8) The infrastructure manager shall establish a method for allocating costs between the different categories of services offered to rail transport operators. This method is regularly updated on the basis of the best international usages. + Article 31 Pricing principles ((1) The tariffs for the use of the railway infrastructure and the service infrastructure shall be paid to the infrastructure manager and the operator of the service infrastructure, respectively, and shall use them to finance their activities. (2) The infrastructure manager and the operators of the service infrastructures are required to provide to the National Railway Supervisory Board, at its request, all the necessary information on the tariffs imposed to allows it to perform its functions provided in art. 56. To this end, the infrastructure manager and service infrastructure operators must be able to demonstrate to rail operators that the charges for the use of infrastructure and services actually invoiced to operators rail transport, according to the provisions of art. 30-37 30-37, shall comply with the methodology, rules and, where appropriate, the scales set out in the network reference document. ((. Without prejudice to the provisions of paragraph 1. ((4) or (5) or art. 32 32, the charges for the minimum set of benefits and for access to infrastructure connecting service infrastructures are set at the cost directly attributable to the operation of rail transport services, in accordance with the measures adopted by The European Commission, by means of implementing acts, on the modalities for the calculation of costs directly incurred as a result of the operation of a train. The infrastructure manager may decide to make gradual adjustments to these arrangements no later than 4 years after the entry into force of these implementing acts. (4) The rates of use of the infrastructure provided in par. ((3) may include a tariff reflecting the capacity deficit of the identifiable section of infrastructure during saturation periods. (5) The rates of use of the infrastructure provided in par. (3) may be amended to take account of the costs of the environmental effects of the railway operation. Any such change is differentiated according to the scale of the effects produced. Infrastructure manager ensures compliance with the provisions Implementing Regulation (EU) 2015/429 by the Commission of 13 March 2015 laying down detailed rules for the application of charging for the cost of noise effects and other implementing measures adopted by the European Commission, laying down detailed rules for followed with regard to the application of pricing for the cost of noise effects, including the duration of the application, and allow the differentiation of charges for the use of infrastructure to take into account, where appropriate, the sensitivity of the affected area, in terms of the number of people affected, and the composition of the train with an impact on the sound emission level. Any change in infrastructure charges to take into account the costs of noise effects shall support the modernisation of wagons by applying the most economically viable technology which allow braking with a low noise level. The pricing of environmental costs resulting in an increase in the overall value of the infrastructure manager's revenue is only allowed if such charging is applied in the case of road freight transport, in accordance with European Union legislation and national legislation. If pricing in the case of environmental costs determines additional revenues, they are used by the infrastructure manager for infrastructure investments. The necessary information on the application of environmental costs is managed by the infrastructure manager, which ensures that the origin of the environmental cost pricing and their application can be identified, so that this information can be made available to the competent authorities of Romania and the European Commission upon request. (6) In order to avoid disproportionate undesirable fluctuations, the tariffs provided in par. ((3)-(5) may be expressed in calculated environments for a reasonable range of rail transport services and periods. In all situations, the relative size of the infrastructure charge should be reported to the costs attributable to the various services. ((7) The tariffs imposed for the access by rail within the service facilities referred to in point (a) 2 2 of Annex no. II and the provision of services within these infrastructures must not exceed the cost of their supply, plus a reasonable profit. ((8) Where the services referred to in point (a) 3 3 and 4 of Annex no. II that additional and ancillary benefits are offered by a single supplier, the charge levied on that service does not exceed the cost of providing that benefit, plus a reasonable profit. (9) For the capacity used for the maintenance of infrastructure charges may be levied. Those tariffs do not exceed the losses in the infrastructure manager's net income caused by the maintenance activity. ((10) The operator of the service infrastructure provided for in point 2 2-4 of Annex no. It shall submit to the infrastructure manager the information on the charges to be included in the network reference document or indicate a website on which such information is made available free of charge in the format electronic according to the provisions of art. 27. + Article 32 Exceptions to the charging principles (1) For the full recovery of the costs incurred by the infrastructure manager, if the market allows, by order of the Minister of Transport, tariff increases may be levied on the basis of effective, transparent and non-discriminatory, while ensuring the optimal competitiveness of rail market segments and respecting the productivity gains made by rail operators. However, the level of tariffs must not exclude the use of infrastructure by market segments which can pay at least the cost directly incurred as a result of the operation of rail services, plus a return index, if the market is Lend to it. Prior to the approval of the perception of such increases, the Ministry of Transport asks the infrastructure manager for an assessment of their relevance for specific market segments, taking into account at least the paired elements provided in section 1 1 of Annex no. VI and detaining the relevant ones. The list of market segments defined by the infrastructure manager comprises at least the following three segments: freight services, passenger transport services under a public service contract and other services. passenger transport. In addition, the infrastructure manager may differentiate the market segments according to the goods or travel transported. The market segments in which rail operators do not currently operate are also defined, but may provide services during the period of validity of the charging scheme. The infrastructure manager does not include an increase under the charging scheme for these market segments. The list of market segments shall be published in the Network Reference Document and shall be renewed at least every 5 years. The National Railway Supervisory Board controls that list in accordance with the provisions of art. 56. (2) For the transport of goods from and to third countries operated on a network whose gauge is different from that of the main railway network within the European Union, the infrastructure manager may set higher rates for to fully recover the costs incurred. (3) For future specific investment projects, the infrastructure manager may establish or maintain higher tariffs based on the long-term costs of such projects, in so far as these projects increase efficiency or profitability or both and which, otherwise, could not or could not have been implemented. Such a tariff arrangement may also contain agreements on the sharing of the risk associated with the new investments. ((4) The charges for the use of infrastructure in the case of railway corridors referred to in Decision 2009 /561/EC of the Commission of 22 July 2009 amending the Decision 2006 /679/EC with regard to the implementation of the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European conventional rail system, it differentiates itself to stimulate the equipping of trains with ETCS, in compliance with the version adopted by Decision 2008 /386/EC of the Commission of 23 April 2008 amending Annex A to Decision 2006 /679/EC on the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European conventional rail system and Annex A to Decision 2006 /860/EC on the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European high-speed rail system and the successive versions. This differentiation does not cause any total revenue change to the infrastructure manager. This differentiation of infrastructure charges does not apply to the railway lines mentioned in Decision 2009 /561/EC , on which only trains equipped with ETCS can run. (5) In order to avoid any discrimination, the National Railway Supervisory Board ensures that the average and marginal tariffs of the infrastructure manager charged for the equivalent use of its infrastructure are comparable and equivalent services on the same market segments are subject to the same tariffs. The infrastructure manager shall show in the network reference document that the charging system meets these requirements insofar as it is not put in place to disclose confidential commercial information. ((6) Where the infrastructure manager intends to amend the essential elements of the charging system referred to in paragraph 1. (1) announce this publicly at least 4 months before the deadline for publication of the network reference document, in accordance with the provisions of art. 27 27 para. ((4). + Article 33 Discounts (1) Without prejudice to the provisions of art. 101 101, 102, 106 and 107 TFEU and by exception to the principle of direct costs provided for in art. 31 31 para. ((3), any accepted reduction of the charges levied on a railway operator by the infrastructure manager, for any service, shall comply with the criteria set out in this Article. ((2) The reductions are limited to the effective saving of the administrative costs of the infrastructure manager. To calculate the level of reduction, the actual savings already included in the charged tariff are not taken into account (3) By exception to the provisions of par. ((2), the infrastructure manager may introduce, for all users of the infrastructure, discount systems for specified traffic flows, granting discounts for a limited period to encourage the development of new services rail transport or discounts that favour the use of lines used far below their capacity. (4) Discounts may only refer to charges levied for a section determined by the infrastructure. (5) Similar discount schemes shall apply to similar services. The discount systems shall apply in a non-discriminatory manner to all rail operators. + Article 34 Plans to compensate for environmental, accident and unpaid infrastructure costs (1) By decision of the Government, a compensation system may be established for a limited period, ensuring compliance with the provisions of art. 93 93, 107 and 108 TFEU, for the use of railway infrastructure in respect of the environmental, accident and infrastructure costs of competing modes of transport which can be shown not to have been paid, in so far as these costs exceed the equivalent costs of the railway. ((. Where a railway operator which has received compensation enjoys this right exclusively, the compensation must be accompanied by similar benefits to users. (3) The methodology used and the calculations made for the compensation system shall be included in the Government decision provided in par. (1), taking into account the specific uncovered costs of competing transport infrastructure. The system shall apply to rail operators in a non-discriminatory manner. + Article 35 Performance improvement system (1) Infrastructure pricing systems encourage rail operators and the infrastructure manager to reduce disruption and improve the performance of the rail network through a performance-enhancing system. This system may contain penalties for actions that disrupt the operation of the network, compensation for rail operators who have suffered due to disruption and premiums that reward outperformance. (2) The basic principles of the performance scheme listed in section 4.2. 2 2 of Annex no. VI applies to the entire network. + Article 36 Booking rates The infrastructure manager may charge an appropriate fee for the allocated but unused infrastructure capacity. This non-use tariff encourages the efficient use of infrastructure capabilities. The collection of this tariff from applicants who have been allocated a draw is mandatory in the event of repeated non-use of the assigned routes or part thereof. In order to impose this tariff, the infrastructure manager shall publish in the network reference document the criteria for establishing such non-use. The National Railway Supervisory Board shall verify these criteria, in accordance with the provisions of art. 56. The payments related to this tariff shall be borne either by the applicant or by the railway operator designated in accordance with the provisions of art. 41 41 para. ((1). The infrastructure manager must always be able to inform any interested party of the infrastructure capacity that has already been allocated to the rail operators using this infrastructure. + Article 37 Cooperation on pricing systems for more than one network (. The infrastructure manager shall collaborate with infrastructure managers in other Member States within the bodies or associations of infrastructure managers in Europe, in order to enable efficient charging systems to be applied, and is associated to coordinate the pricing activity or to charge the operation of rail transport services using several infrastructure networks of the rail system in the European Union/European Economic Area. In these collaborations, the infrastructure manager aims in particular to guarantee the optimal competitiveness of international rail transport services and to ensure the efficient use of rail networks. To that end, the infrastructure manager shall establish appropriate procedures which comply with the rules laid down in this Law. (2) For the purposes of paragraph ((1), the infrastructure manager shall cooperate with infrastructure managers in other Member States in order to allow the effective application of the increases provided for in art. 32 32 and the performance improvement systems provided for in art. 35 in the case of traffic crossing more than one network of the rail system in the European Union/European Economic Area. + Section 3 Allocation of infrastructure capacity + Article 38 Rights to infrastructure capacity (1) Infrastructure capacities shall be allocated by the infrastructure manager. Once allocated to an applicant, the infrastructure capacity cannot be transferred by it to another company or to another transport service. Any transaction in terms of infrastructure capacities is prohibited and determines the exclusion by decision by the National Railway Supervisory Board from the following allocation procedure, to the documented complaint of the infrastructure manager. The use of infrastructure capacity by a rail operator in a situation where the activities of an applicant who is not a rail operator are not considered to be a transfer. ((2) The right to use determined capacity of the infrastructure in the form of a drawdown may be granted to applicants for the maximum duration corresponding to a single period of validity of the circulation chart. The infrastructure manager and an applicant may conclude a framework agreement in accordance with the provisions of art. 42 42 for the use of the capacity of a railway infrastructure relevant for a duration longer than a single period of validity of the circulation chart. (3) The respective rights and obligations of the infrastructure manager and applicants with regard to any allocation of infrastructure capacities are established by contract, in compliance with the specific legislative provisions. (4) If an applicant intends to apply for an infrastructure capacity in order to provide an international passenger transport service, he/she must inform the infrastructure manager and the National Council of Surveillance from the Railway. In order to assess whether the purpose of the international service is to transport passengers on a route between stations located in different Member States and which is the potential economic impact on existing public service contracts, the Council The National Railway Surveillance Authority must ensure that all competent authorities which have assigned a rail passenger service on that route, defined in a public service contract, are informed of all the other Interested competent authorities which have the right to limit access pursuant to art. 11 11, as well as all railway operators performing the public service contract on the route of the respective international passenger transport service. + Article 39 Allocation of infrastructure capacity (1) The Government Decision approves the Regulation for the allocation of infrastructure capacities, in compliance with the condition of independence of the administration provided in art. 4. The infrastructure manager shall perform the infrastructure capacity allocation procedures. The infrastructure manager shall ensure that infrastructure capacity is allocated in a fair and non-discriminatory manner in accordance with national and European legal provisions. (. The infrastructure manager shall respect the commercial confidentiality of the information communicated to it. + Article 40 Collaboration to allocate infrastructure capacity on several networks (1) The infrastructure manager collaborates with infrastructure managers in other Member States within the bodies or associations of infrastructure managers in Europe, in order to enable the efficient development and allocation of infrastructure capacity that crosses several networks of the rail system within the European Union/European Economic Area, including under the framework agreements provided for in art. 42. These bodies or associations shall be indicated in the network reference document. The infrastructure manager shall work with infrastructure managers in other Member States to establish appropriate procedures, which are subject to the specific rules established by European Union legislation and shall organise accordingly the routes that cross several networks. Where the infrastructure manager's allocation decisions impact other infrastructure managers, it shall be associated with the coordination of allocation or allocation of all relevant infrastructure capacity to the infrastructure manager. international level, without prejudice to the specific regulations of the European Union legislation on rail-oriented rail networks. The principles and criteria for the allocation of infrastructure capacity established under this cooperation shall be published by the infrastructure manager in the network reference document in accordance with the provisions of point (a). 3 3 of Annex no. IV. Appropriate representatives of third-country infrastructure managers may be associated with these procedures. (2) The infrastructure manager informs the European Commission about the organization of the main meetings in Romania that have the theme of developing common principles and practices for the allocation of infrastructure capacities, the European Commission being invited to participate in them as an observer. The infrastructure manager shall submit to the National Railway Supervisory Board sufficient information on the development of common principles and practices for the allocation of infrastructure and allocation systems based on information technology so as to enable it to carry out its regulated supervision in accordance with the provisions of art. 56. (3) At any meeting or other activity initiated to allow the allocation of infrastructure capacity for rail services between networks, decisions shall be taken only by the representatives of the infrastructure managers Involved. (. The infrastructure manager shall indicate in the network reference document the bodies or associations in which they participate in the cooperation referred to in paragraph 1. (1), their members, the operating methods and all the important criteria used for the assessment and allocation of infrastructure capacities. (5) In the framework of the cooperation referred to in ((1), the infrastructure manager shall assess the needs and, if necessary, propose and organise international drawn up to facilitate the operation of freight trains which are the subject of a last minute request provided for in art. 48. (6) The infrastructure manager shall make available to applicants the pre-established international charters, proposed and organized in accordance with the provisions of par. ((5). + Article 41 Applicants ((1) Applications for obtaining infrastructure capacity may be made by applicants. In order to use these infrastructure capacity, applicants shall designate a railway operator to conclude an agreement with the infrastructure manager in accordance with the provisions of art. 28 28. This shall not affect the right of applicants to enter into agreements with the infrastructure manager pursuant to art. 44 44 para. ((1). (2) The infrastructure manager may impose certain requirements on applicants in order to ensure the forecast receipts and future use of the infrastructure. Those requirements shall be appropriate, transparent and non-discriminatory. They shall be specified in the network reference document as referred to in point (a). 3 lit. b) of Annex no. IV. These may include only the provision of a financial guarantee which must not exceed an appropriate level, in proportion to the level of activity provided for by the applicant, and to guarantee its capacity to prepare compliant bids. for obtaining infrastructure capacity. (3) Application of para. ((2) comply with the implementing acts adopted by the European Commission. + Article 42 Framework agreements (1) Without prejudice to the provisions of art. 101, 102 and 106 TFEU may conclude a framework agreement between the infrastructure manager and an applicant. Such a framework agreement shall specify the characteristics of the infrastructure capacity required by the applicant and offered to the applicant for a duration exceeding the period of validity of a movement chart. The framework agreement shall not be drawn up in detail, but must be carried out in such a way as to meet the applicant's commercial needs. Any framework agreement is subject to the prior approval of the National Railway Supervisory Board. (. Framework agreements shall not preclude the use of the infrastructure in question by other applicants or services. (3) Framework agreements permit the modification or limitation of their clauses in order to promote better use of railway infrastructure. (. Framework agreements may include penalties for the case of modification or termination. (. In principle, the framework agreements shall be concluded for a period of 5 years, which may be extended by an equal period of time. In specific situations, the infrastructure manager may agree on a shorter or longer period. Any period longer than 5 years must be justified by the existence of commercial contracts, special investments or risks. (6) For services using a specialized infrastructure referred to in art. 49 and which require substantial and long-term investment, duly justified by the applicant, framework agreements may have a term of 15 years. Any longer term of 15 years is allowed only in exceptional circumstances, especially in the case of large-scale and long-term investments and in particular where these investments are subject to contractual commitments that include a multi-annual depreciation plan. In such exceptional cases, the framework agreement may provide for a detailed description of the characteristics of the infrastructure capacity to be made available to the applicant for the duration of the framework agreement. These features may include the frequency, volume and quality of the traces. The infrastructure manager may reduce the reserved capacity which, for a period of at least 30 days, has been used below the threshold provided for in art. 52. ((7) By respecting commercial confidentiality, the general provisions of each framework agreement shall be communicated to any interested party. ((8) The measures laying down the details of the procedure and the criteria to be followed for the application of this Article shall be adopted in accordance with the implementing acts adopted by the European Commission. + Article 43 Timing of the allocation process (. The infrastructure manager shall respect the timing of the allocation process set out in Annex no. VII. ((2) Annex no. VII may be amended to take account of the operational considerations of the allocation process as a result of delegated acts adopted by the European Commission. (3) The infrastructure manager agrees with the other infrastructure managers interested in the international routes to be included in the circulation chart, before starting consultations on the project. the circulation chart. Changes will only be made if absolutely necessary. + Article 44 Applications (1) In accordance with the legislation in force, applicants may apply to the infrastructure manager to request a contract granting them rights of use of railway infrastructure against a tariff, according to the provisions of Section 2. ((. Applications in relation to the normal circulation chart shall meet the time limits set out in Annex no. VII. ((. An applicant party to a framework agreement shall address the request in accordance with that agreement. ((4) For the routes which cross several networks, the infrastructure manager in Romania, in collaboration with the infrastructure managers of the Member States concerned, shall ensure that applicants can address a one-stop shop which is either a a common body set up by infrastructure managers, or a single infrastructure manager on a train path. That infrastructure manager shall be allowed to act on behalf of the applicant to request infrastructure capacity from the other infrastructure managers involved. This requirement is without prejudice Regulation (EU) No 913/2010 of the European Parliament and of the Council of 22 September 2010 on the European rail network for competitive freight. + Article 45 Planning (. The infrastructure manager shall, as far as possible, satisfy all requests for infrastructure capacity, including requests for drawing which cross multiple networks and shall take into account, as far as possible, all the constraints imposed. applicants, including the economic effect on their activities. (2) In the planning and coordination process, the infrastructure manager may give priority to specific services, but only as provided for in art. 47 47 and 49. (. The infrastructure manager shall consult the interested parties on the draft movement schedule and shall give them at least 30 days to submit their comments. Interested parties include all those who have requested infrastructure capacity and parties who wish to use the opportunity to comment on how the circulation chart may affect their interests regarding their use. rail transport services during the period of validity of the traffic schedule. (. The infrastructure manager shall take appropriate measures to take account of the concerns expressed. + Article 46 Coordination procedure (1) If, during the planning process provided for in art. 45, the infrastructure manager faces conflicts between different requests, he tries, by coordinating requests, to ensure the best harmonisation of all requirements. ((2) If a situation requiring coordination arises, the infrastructure manager shall be entitled, within reasonable limits, to propose infrastructure capacities different from those required. (3) The infrastructure manager shall, through consultations with the applicants involved, attempt to resolve any disputes. Such consultations shall be based on the free written or electronic communication of the following information within a reasonable period: a) the routes requested by all other applicants on the same routes; b) the traceability of all other applicants on the same routes; c) alternatives proposed on the relevant routes in accordance with the provisions of par. ((2); d) complete information on the criteria used in the infrastructure capacity allocation process. According to the provisions of art. 39 39 para. ((2), this information is provided without disclosing the identity of other applicants, unless the applicants concerned have agreed to this disclosure. ((. The principles governing the coordination procedure shall be laid down in the network reference document. They reflect in particular the difficulty of coordinating the international routes and the effect that any change may have on other infrastructure managers. ((. Where applications for infrastructure capacity cannot be resolved without coordination, the infrastructure manager shall endeavour to adapt all requests on the basis of such coordination. (6) Without prejudice to the existing remedies and provisions of art. 56, in the event of differences in the allocation of infrastructure capacity, a dispute resolution system is made available for their prompt resolution. This system is set out in the Network Reference Document. If this system applies, a decision must be taken within 10 working days. + Article 47 Saturated infrastructure ((. Where, after coordination of the required routes and after consulting the applicants, the applications for infrastructure capacity cannot be adequately met, the infrastructure manager shall immediately declare that section of the infrastructure as being saturated infrastructure. A section of the infrastructure shall be declared saturated and where it can be foreseen that it will have insufficient capacity in the near future. (2) If the infrastructure has been declared saturated, the infrastructure manager shall carry out an analysis of the capacity, according to the provisions of art. 50, if a plan to improve capacity according to the provisions of art. 51. (3) If the tariffs provided for in art. 31 31 para. ((4) have not been perceived or have not determined a satisfactory result and the infrastructure has been declared saturated, the infrastructure manager may also use priority criteria to allocate infrastructure capacities. (4) Priority criteria shall take into account the importance of a particular service to the community in relation to another service which will therefore be excluded. In order to ensure that appropriate transport services are developed in this framework, mainly in order to meet the public service requirements, or to promote the development of national rail traffic and international, the Ministry of Transport establishes the criteria for priority of these services when allocating infrastructure capacities, under non-discriminatory conditions. Under the conditions laid down in the contract of activity, the infrastructure manager will be able to grant, where appropriate, compensation for any loss of revenue as a result of the need to allocate a particular infrastructure capacity, for certain services, in accordance with the previous paragraph. These criteria and compensation must take into account the effect of that exclusion in other Member States. (5) In order to determine the priority criteria, the importance of the importance of freight services and, in particular, international freight transport, is given. ((6) The procedures to be followed and the criteria to be used if the infrastructure is saturated are presented in the network reference document. + Article 48 Last minute requests (1) The infrastructure manager shall respond to the last minute requests for individual routes as soon as possible, but no later than 5 working days. The information provided on the available free infrastructure capacities is brought to the attention of all applicants who wish to use these infrastructure capacities. (2) The infrastructure manager shall, where appropriate, carry out an assessment of the need to maintain within the final circulation chart of an infrastructure capacity reserve, enabling it to respond quickly to last-minute requests. Predictable. This also applies to saturated infrastructure. + Article 49 Specialised infrastructure (1) Without prejudice to the provisions of par. ((2) infrastructure capacities shall be deemed to be available for use for all types of services which are in conformity with the characteristics necessary for the use of that route. ((. Where there are other appropriate alternative routes, after consulting the interested parties, the infrastructure manager may designate a specific infrastructure to be used for traffic-driven types. Without prejudice to the provisions of art. 101 101, 102 and 106 TFEU, where such designation took place, the infrastructure manager may give priority to this type of traffic to the allocation of infrastructure capacity. That designation shall not preclude the use of that infrastructure for other types of traffic where infrastructure capacity is available. (3) If the infrastructure has been designated in accordance with the provisions of par. ((2), this shall be specified in the network reference document. + Article 50 Capacity analysis (1) The objective of the capacity analysis is to determine the capacity constraints of the infrastructure that do not allow capacity applications to be properly met and to propose methods enabling the resolution of applications supplemental. Capacity analysis determines the causes of saturation and measures that can be taken in the short and medium term to diminish it. (2) Capacity analysis takes into account infrastructure, operating procedures, the type of different services operated and the effect of all these factors on infrastructure capabilities. The measures envisaged include in particular the modification of the route, replanning, speed changes and infrastructure improvements. (3) The capacity analysis will be carried out within a period of 6 months from the identification of the saturated infrastructure. + Article 51 Capacity improvement plan ((. Within 6 months after the end of the capacity analysis, the infrastructure manager shall develop a capacity improvement plan. (. The capacity improvement plan shall be drawn up after consulting the users of the saturated infrastructure. It shall identify: a) causes of saturation; b) the likely evolution of traffic; c) the constraints to which infrastructure development is subject; d) variants and costs of increasing capacity, including likely changes in access charges. Based on the cost-benefit analysis of the possible measures identified, it also sets out the actions to be taken to improve the capacity of the infrastructure, as well as a timetable for the implementation of the measures. (3) The infrastructure manager no longer charges the tariffs provided in art. 31 31 para. (4) for saturated infrastructure where: a) does not develop a capacity improvement plan; or b) does not make progress in the application of the actions identified in the capacity improvement plan. (4) By exception to the provisions of par. (3), with the approval of the National Railway Supervisory Board, the infrastructure manager may continue to charge these tariffs if: a) the capacity improvement plan cannot be achieved by causes beyond its control; or b) the available solutions are not economically or financially viable. + Article 52 Use of traces (. In the network reference document, the infrastructure manager shall set out the conditions in which he takes into account previous levels of use of the routes in determining the priorities for the infrastructure capacity allocation process. (2) In particular for the saturated infrastructure, the infrastructure manager shall require the waiver of a path which, over a period of at least 30 days, has been used below a certain level to be determined in the network reference document, if it was not due to causes of a non-economic nature, independent of the applicant's will. + Article 53 Infrastructure capacities for network maintenance work ((. Applications for the provision of infrastructure capacity to carry out maintenance work shall be submitted during the planning process. (. The infrastructure manager shall take into account the effects that the infrastructure capacity reserved for the planned maintenance work of the horses may have on the applicants. (3) The infrastructure manager must inform stakeholders as quickly as possible about the unavailability of infrastructure capacity due to unplanned maintenance work. + Article 54 Special measures to be taken in the event of disturbances ((. In the event of disruption to the movement of trains caused by a technical problem or an accident, the infrastructure manager shall take all necessary measures to restore the normal situation. It shall draw up an intervention plan in which it lists the various bodies to be informed in the event of serious accidents or in the event of significant disruption to the movement of trains. (2) In urgent cases and where absolutely necessary, due to a failure as a result of which the infrastructure has been temporarily put out of service, the allocated routes may be withdrawn without notice throughout the period necessary for the reinstatement. The infrastructure manager may require rail operators to provide them with the resources they consider appropriate to restore the normal situation as soon as possible. (3) The Romanian Railway Safety Authority (A.S.F.R.) may require rail transport operators to be involved in the application and monitoring of their compliance with safety standards and rules. + Section 4 National Supervisory Board of the Railway + Article 55 Operation of the National Railway Supervisory Board (1) The National Railway Supervisory Board is organized and operates as a structure without legal personality within the Competition Council and performs the role of the single national regulatory body, for the purposes of this laws. (2) The National Railway Supervisory Board is independent from an organizational, legal, decision-making point of view and with regard to financial decisions to the railway infrastructure manager, Rail infrastructure charging, railway infrastructure capacity allocation bodies and rail transport operators. From a functional point of view, this body is independent from any competent authority involved in the award of a public service contract. (3) The National Railway Supervisory Board consists of 5 members. They are selected in a transparent procedure, being appointed and revoked by order of the President of the Competition Council for a period of 5 years, with the possibility of renewing the mandate only once. The President of the National Railway Supervisory Board is appointed among the members of the Competition Council Plenum. (4) It is forbidden to the members of the National Railway Supervisory Board to request or receive instructions from any public or private entity during the exercise of their functions. (5) The members of the National Railway Supervisory Board must meet the following conditions: a) to be Romanian citizens with a relevant experience of at least 5 years and appropriate competence, probed with supporting documents, in one of the fields: economic, legal, railway, other network industries, public administration; b) not to hold shares or shares, directly or indirectly, to the manager of the railway infrastructure, to the railway infrastructure charging bodies, to the railway infrastructure capacity allocation bodies and/or to rail transport operators; c) not to be part of the board of directors and/or general meeting of shareholders in the entities referred to in lett. b); d) not to have employment relationships or to not carry out remunerated activities for any of the entities, shareholders or associations of the operators referred to in lett. b); e) do not perform tasks related to the award of public service contracts for rail transport; f) not to hold other public functions or dignities, except those within the Competition Council and to the functions or activities in the field of teaching, scientific research or literary-artistic creation; g) to submit annually a declaration of assets and a declaration of interests, in compliance with the legislation in force. (6) The National Railway Supervisory Board deliberates and decides valid in the quorum of at least 3 members, one of which must be the president or his designated representative. Members of the National Railway Supervisory Board withdraw from the decision-making process in cases concerning a company with which they had direct or indirect connection in the previous year to the launch of a procedure. (7) The decisions of the National Railway Supervisory Board shall be adopted by a majority of votes of the members present. Each member shall have one vote. In the event of a parity of votes, the solution voted by the President or, as the case may be, shall prevail. (8) The mandate of member of the National Supervisory Board of the Railway shall cease: a) on expiry of the duration b) by resignation; c) by death; d) by revocation, according to the provisions of para. ((9). (9) The return from office of a member of the National Railway Supervisory Board shall be ordered by order of the President of the Competition Council in the following cases: a) impossibility to fulfill his mandate more than 120 consecutive calendar days from a period of 140 days; b) criminal conviction by final court decision, for which rehabilitation did not intervene; c) non-compliance with the 15-day period for the exit from the state of incompatibility, provided ((10); d) to the occurrence of a conflict of interest situation in the sense of par. ((11). ((10) Any member who at the time of appointment or during the term of office is in one of the situations of incompatibility provided in par. ((5) lit. b)-f) has at its disposal a term of no more than 15 days for the exit from the state of incompatibility. In case of non-compliance with this deadline, the mandate of the one in this situation shall cease, and another member shall be appointed. (11) The conflict of interest means the situation in which the person exercising the position of member of the National Railway Supervisory Board has a personal interest of a patrimonial nature or an interest resulting from the quality of representative of the state within the management bodies of the railway infrastructure manager in Romania and/or of passenger or freight operators, which could influence the objectivity of the tasks that Come back (12) Members of the National Railway Supervisory Board may not hold any position or professional responsibility within the operators or regulated entities for at least one year after the end of their term of office. (13) The order of revocation from office of members of the National Railway Supervisory Board may be appealed to the administrative courts, according to the law, within 30 days from the date of its bringing to the attention of the person revoked. (14) In case of vacancy of a place in the composition of the National Railway Supervisory Board for one of the situations provided in par. ((8) lit. b)-d) will proceed, according to the provisions of par. (3), upon appointment of a new member for the remaining term of office, in the position become vacant. Members of the National Railway Supervisory Board whose mandates have expired remain in office until the appointment of their successors. (15) For the work done, the members of the National Railway Supervisory Board are entitled to a monthly allowance, established by order of the President of the Competition Council, which cannot exceed 20% of the monthly allowance of President of the Competition Council (16) Within the Competition Council operates the Railway Surveillance Directorate, which provides the technical apparatus necessary to carry out the activity of the National Railway Surveillance Council. (17) The expenses necessary to carry out the activity of the National Railway Supervisory Board will be included in the budget of the Competition Council. + Article 56 Tasks of the National Railway Supervisory Board (1) The National Railway Supervisory Board shall act without prejudice to the powers of the Competition Council to apply the provisions Competition law no. 21/1996 , republished, in the field of rail transport. ((2) Without prejudice to the time limit provided for in art. 46 46 para. (6), the National Railway Supervisory Board analyzes and pronounces by decision on the complaint made by any applicant who considers it to have been treated unfairly, has been discriminated against or wronged in any way, in special decisions taken by the infrastructure manager or, as the case may be, by the rail operator or by the operator of a service facility with regard to: a) the network reference document in its provisional and final versions; b) the criteria set out in the network reference document; c) the allocation procedure and its outcome; d) the charging system; e) the level or structure of the infrastructure charges that are required or may be required to be paid; f) measures regarding access in accordance with the provisions of art. 10-13 10-13; g) access to services and their pricing, in accordance with the provisions of art. 13. (3) If a complaint is made against the refusal to grant infrastructure capacity or against the terms of an offer of capacity, the National Railway Supervisory Board will consider the appeal and either confirm it. that the decision of the infrastructure manager remains unchanged, or calls for amendment of that judgment. (4) In the framework of the complaint analysis, the National Railway Supervisory Board has the following tasks: a) request information and/or documents and initiate consultations with the parties involved, as well as with any other public or private entity that may provide information relevant to the analysis of the complaint, within a maximum of 30 days of receipt complaint; b) to adopt a decision within a maximum of 40 days after receiving all the information and/or documents necessary for the analysis and to communicate to the parties its reasoned decision; c) to impose by decision measures to ensure the remedy of the situation, if it is found that the applicant has been treated unfairly, has been discriminated or wronged in respect of one or more of the elements provided in par. ((2). (5) Following a request made by the competent authorities or by interested railway operators, the National Railway Supervisory Board must, by decision, determine whether the main purpose of the the service provided is to transport passengers between stations located in different Member States. In this regard, the National Railway Supervisory Board will develop a regulation for main purpose tests and economic balance tests, in accordance with the provisions of the EU Regulation No 869/2014 by the Commission of 11 August 2014 on new passenger rail services. This regulation will be published in the Official Gazette of Romania, Part I, by order of the President of the Competition Council and on the website of the National Railway Supervisory Board. (6) Without prejudice to the competences of the Romanian Competition Council related to the application of the provisions Law no. 21/1996 , republished, to ensure competition in the railway services markets, the National Railway Supervisory Board has the competence: a) to monitor the situation of competition in the railway services markets and, in particular, to control the aspects referred to in par. (2) in order to prevent discrimination against applicants; b) verify, in particular, whether the network reference document contains discriminatory clauses or creates discretionary powers of the infrastructure manager, which could be used to discriminate against applicants. (7) In carrying out the duties provided in par. (6), the National Railway Supervisory Board may, by decision, impose measures to ensure the remediation of the situation found. (8) For the performance of its tasks, the National Railway Supervisory Board has the competence to ask for information and/or documents relevant to the infrastructure manager and to any railway operator in Romania. The requested information shall be provided within a reasonable period which shall be established by the National Railway Supervisory Board and not exceeding 30 days. In exceptional circumstances, the National Railway Supervisory Board agrees and authorizes an extension of the term, which cannot exceed two weeks. The information and/or documents to be provided to it shall contain all the information required in accordance with ((4) lit. a). These include the necessary data for statistical and market observation purposes. (9) The National Railway Supervisory Board cooperates closely with the Romanian Railway Safety Authority, within the meaning of the Government Decision no. 877/2010 on the interoperability of the rail system, as amended, as well as with OLFR, for the purposes of this Law. These authorities jointly develop a framework for the exchange of information and for cooperation aimed at preventing negative effects on competition or safety in the rail market. This framework includes a mechanism by which the National Railway Supervisory Board can provide the Romanian Railway Safety Authority and OLFR with recommendations on issues that could affect competition in the rail and rail market. by which the Romanian Railway Safety Authority can provide the National Railway Supervisory Board and OLFR with recommendations on issues that could affect safety on the rail market. Without prejudice to the independence of any of the above authorities in the sphere of their powers, the relevant authority shall examine any such recommendation before the adoption of its decisions. If the authority concerned deviates from that recommendation, it will justify the reasons in the decisions it adopts. (10) The National Railway Supervisory Board shall regularly consult at least every 2 years the representatives of the users of the rail freight and passenger services, in order to take account of their views on the rail market. (11) The National Railway Supervisory Board shall ensure that the tariffs established by the infrastructure manager are in accordance with the provisions of the head. IV section 2 and are non-discriminatory. Negotiations between applicants and the infrastructure manager on the level of infrastructure charges are allowed only if they are carried under the supervision of the National Railway Supervisory Board, in the conditions provided in art. 31 31 para. ((2). The National Railway Supervisory Board intervenes if the negotiations are likely to contravene the requirements of this chapter. (12) The National Railway Supervisory Board has the power to audit or initiate external audits of the infrastructure manager, service infrastructure operators and, where relevant, transport operators. rail, to verify compliance with the accounting separation provisions provided for in art. 6. In this regard, the National Railway Supervisory Board has the right to request any relevant information and/or documents. In particular, the National Railway Supervisory Board has the power to require the infrastructure manager, service infrastructure operators and all operators or entities performing or integrating various services. types of railway transport or infrastructure management activities, as referred to in art. 6 6 and 13, to provide all or part of the accounting information set out in Annex no. VIII. (13) Without prejudice to the powers of the Competition Council, the National Railway Supervisory Board may also draw conclusions on state aid, which it sends for information to the Competition Council. (14) For the purpose of carrying out its legal duties, the National Railway Supervisory Board will be able to exercise the inspection powers provided by Law no. 21/1996 , republished. (15) The powers of the National Supervisory Board of the Railway and its technical apparatus will be found in the Regulation of organization, operation and procedure, adopted by the Competition Council. In the exercise of the duties of the National Railway Supervisory Board, regulations and instructions will be developed, which will be implemented by order of the President of the Competition Council. (16) The National Railway Supervisory Board must have sufficient organizational capacity in terms of human and material resources, proportional to the importance of the railway sector in Romania. This capacity will be properly sized and provided for within the approved annual budget of the Competition Council. (17) The National Railway Supervisory Board shall draw up and publish annually on its website the report on the activity carried out. + Article 57 Challenge of decisions and measures ordered (1) The decisions of the National Railway Supervisory Board shall be binding on all the parties concerned by them. The decisions of the National Railway Supervisory Board will be communicated to the parties concerned and will be published on its website. The legitimate interests of the undertakings concerned will be taken into account in publication so that the business secret is not disclosed. (2) Decisions The National Railway Supervisory Board can be appealed in administrative litigation to the Bucharest Court of Appeal, within 30 days of communication. The court may order, on request, to suspend the execution of the contested decision, under the law In the case of fines, the suspension may be ordered provided the payment of a security established according to the Law no. 207/2015 on the Fiscal Procedure Code, with subsequent amendments and completions, on budgetary claims. (3) Minutes of finding and applying sanctions in accordance with the provisions of art. 61 61 para. (5) can be challenged at the District Court 1 Bucharest, within 15 days of communication. The judgment of the court can be appealed with appeal to the Bucharest Court-Administrative Litigation Section, within 15 days of communication. + Article 58 Cooperation with regulatory bodies in the Member States (1) The National Railway Supervisory Board shall exchange information with similar supervisory bodies in other Member States on their work, their decision-making principles and practices, and in particular on the main aspects of their procedures and the problems of interpretation of European Union rail legislation. The National Railway Supervisory Board is working with regulatory bodies in other Member States and in other respects to coordinate decision-making within the European Union/European Economic Area. To this end, the National Railway Supervisory Board participates and collaborates within a network that meets periodically. (2) The National Railway Supervisory Board represents Romania in relation to the European Commission regarding the active cooperation with the other regulatory bodies in the railway field. (3) The National Railway Supervisory Board shall work with the regulatory bodies of the Member States, including on working arrangements, to assist each other in the monitoring tasks of the market, in the treatment of complaints and in the conduct of investigations. ((4) In the event of a complaint or an own-initiative investigation on the subject of access or pricing in the case of an international draw, as well as in the monitoring of competition on the market in relation to international rail transport, the Council The National Railway Oversight shall consult the regulatory bodies of all other Member States by which it is drawn and the European Commission, if applicable, and shall request from them all the information previously required. making a decision. (5) The National Railway Supervisory Board, consulted in accordance with the provisions of par. ((4), provide all the information it has the right to request by virtue of national law. This information can only be used for the purpose of analysing the complaint or carrying out investigations. (6) The National Railway Supervisory Board will provide another regulatory body, located on the territory of a state through which the international train passes, the relevant information so that it can take action on to the parties involved (7) The infrastructure manager shall make available to the National Railway Supervisory Board, within the deadline set by him, all the necessary information requested for the purpose of analyzing the complaint or of the the investigation referred to in paragraph ((4). (8) The National Railway Supervisory Board invites the European Commission to participate in the activities referred to in par. ((3)-(7), with a view to facilitating the cooperation of regulatory bodies in the Member States. (9) The National Railway Supervisory Board collaborates with regulatory bodies in other Member States for the development of common principles and practices for decision-making which it is empowered to take on the basis of this laws and on the basis of its experience and participation in the activities of the network referred to in ((1). (10) The National Railway Supervisory Board analyzes the decisions of the associations of infrastructure managers that includes the infrastructure manager in Romania, to which art. 37 37 and art. 40 40 para. (1), which have or may have an incidence on the territory of Romania. + Article 59 Application measures (1) The Ministry of Transport or the National Railway Supervisory Board may request the European Commission to examine the specific measures adopted by the national authorities on the application of the Directive, relating to the conditions of access to railway infrastructure and services, licensing of railway undertakings, infrastructure charging and capacity allocation within 12 months of the adoption of those measures. (2) In order to apply the provisions of para. (1), the Ministry of Transport and/or the National Railway Supervisory Board shall appoint at least one representative to the Committee established for assisting the European Commission, in accordance with the provisions of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers. + Section 5-a Liability, contraventions and fines + Article 60 Liability Violation of the provisions of this law may entail civil, contravention or criminal liability, as appropriate, according to the law. + Article 61 Contraventions and penalties (1) It constitutes a contravention and is sanctioned with a fine of 0.1% to 0.4% of the total turnover achieved by the enterprise concerned in the financial year before sanctioning the following: a) non-compliance with the measures imposed by the National Railway Supervisory Board by a decision adopted, under the conditions of this law; b) non-compliance by the infrastructure manager with the obligation to publish the network reference document in accordance with the provisions of art. 27 27 para. ((4), at least 4 months before the deadline for the introduction of applications for infrastructure capacity; c) non-compliance by the infrastructure manager with the obligation to make public, at least 4 months before the deadline for publication of the network reference document, the intention to modify the essential elements of the system of the tariff provided in art. 32 32 para. ((1). (2) It constitutes a contravention and is sanctioned with a fine from 10,000 lei to 20,000 lei, as well as with the exclusion of the applicant from the following allocation procedure, the transfer, respectively the trading by the applicant of the capacities of the infrastructure allocated to it, under the conditions of this Law. (3) It constitutes a contravention and is sanctioned with a fine of 0.04% to 0.1% of the total turnover achieved by the enterprise in question in the financial year before sanctioning the following facts: a) the provision of inaccurate, incomplete or misleading information or incomplete documents or failure to provide the information and documents requested according to the provisions of art. 56 56 para. ((4) lit. a), para. ((8) and (12); b) obstruction of inspection carried out in accordance with the provisions of art. 56 56 para. ((14). (4) The finding of contraventions and the application of sanctions provided in par. ((1), (2) and (3) lit. a) are made by the National Railway Supervisory Board, by decision. (5) The finding of contraventions and the application of sanctions provided in par. ((3) lit. b) are made by minutes drawn up by the staff empowered with inspection powers, by order of the President of the Competition Council. (6) The individualization of sanctions that apply to the National Railway Supervisory Board according to the provisions of par. (4) is made taking into account the gravity and duration of the act, in accordance with the instructions adopted in this regard by the National Railway Supervisory Board and approved by order of the President of the Competition Council. The amounts from the fines imposed by the National Railway Supervisory Board are made to the state budget, under the law. (7) The provisions provided in par. ((3) lit. b) is completed with the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, except for the provisions of art. 5 5, 8, 28, 29, 32 and 34. + Article 62 Cominatory fines The National Railway Supervisory Board can oblige enterprises, by decision, to pay fines, in the amount of up to 3% of the average daily turnover in the financial year before sanctioning, for each day of delay, calculated from the date fixed by the decision, to determine them: a) comply with the measures ordered by decision of the National Railway Supervisory Board in the performance of its duties; b) to provide completely and correctly the information and/or documents that have been requested according to the provisions of art. 56 56 para. ((4) lit. a), para. ((8) and (12); if the failure to provide the requested information and/or documents persists even after a new deadline for response established by the National Railway Supervisory Board; c) to submit to the inspection carried out for the performance of the tasks of the National Railway Supervisory Board. + Chapter V Transitional and final provisions + Article 63 Rules on public procurement The provisions of this law are without prejudice Law no. 99/2016 on sectoral procurement, which transposes rules of Directive 2014 /25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services. + Article 64 Other provisions (1) The National Railway Supervisory Board, receiving access to the documents, data and information obtained under the provisions of art. 11 11 para. ((2), art. 56 56 para. ((4) lit. a), para. ((8), (12) and art. 58, is kept by strict observance of the character of state secret or service secret assigned legally to those documents, data and information, in accordance with the regulations in force. (2) In carrying out the duties provided by law, the National Railway Supervisory Board will be able to use, under the law, the information and documents collected by other authorities and public institutions in the their specific activities. (3) Information collected according to art. 56 56 para. ((14) may be used only for the purpose of applying this law. + Article 65 Transitional provisions (1) The activity contract of the infrastructure manager provided for in art. 30 30 para. ((2), in force at the date of approval of this Law in accordance with the art. 4 of Government Ordinance no. 89/2003 on the allocation of railway infrastructure capacity and the charging of the use of railway infrastructure, with subsequent amendments and completions, shall be amended, from 2017, in order to ensure compliance with the contractual provisions with provisions of this law (2) Government Decisions provided for in art. 9 9, art. 25 25 para. ((1) and art. 39 39 para. (1) for the implementation of the provisions of this law shall be approved within 6 months from the entry into force of this Law. (3) The Ministry of Transport shall issue the order of the Minister 2 2 para. (6) within 6 months from the entry into force of this Law. (4) The Competition Council shall issue the orders provided in art. 56 56 para. ((5) and (15) within 6 months after the entry into force of this Law. (5) Within 3 months from the entry into force of this Law, the Ministry of Transport shall amend and supplement, in accordance with the provisions of this Law, Government Decision no. 581/1998 on the establishment of the National Railway Company "C.F.R." -S.A. through the reorganization of the National Society of Romanian Railways, with subsequent amendments and completions, Government Decision no. 1.476/2009 establishing measures to ensure the application of Regulation (EC) No 1.371/2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of rail passengers, as amended and supplemented, and Government Decision no. 1.696/2006 approving the Regulation for the allocation of railway infrastructure capacity. + Article 66 Repeal The date of entry into force of this Law shall be repealed: a) Government Ordinance no. 89/2003 on the allocation of railway infrastructure capacity and the charging of the use of railway infrastructure, published in the Official Gazette of Romania, Part I, no. 623 of 31 August 2003, approved with amendments and additions by Law no. 8/2004 , with subsequent amendments and completions; b) paragraph 2 of Article 29 of the Law no. 55/2006 on railway safety, published in the Official Gazette of Romania, Part I, no. 322 of 10 April 2006, with subsequent amendments and completions. + Article 67 Final provisions (1) Whenever in a special law or other previous normative act reference is made to Government Ordinance no. 89/2003 on the allocation of railway infrastructure capacity and the charging of the use of railway infrastructure, approved with amendments and additions by Law no. 8/2004 , with subsequent amendments and completions, the reference will be considered made to the corresponding provisions of this law. (2) For the purpose of applying this law, the National Railway Supervisory Board approves regulations and instructions, published in the Official Gazette of Romania, Part I, and which are implemented by order of the President The Competition Council, in compliance with the legal provisions in force. ((3) Annexes no. I-VIII are an integral part of this law. * This law transposes Directive 2012 /34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area, published in the Official Journal of the European Union L series, no. 343 343 of 14 December 2012. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT FLORIN IORDACHE SENATE PRESIDENT CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, November 4, 2016. No. 202. + Annex I LIST railway infrastructure elements The railway infrastructure is made up of the items below, provided they are part of the rail network, including service lines, but with the exception of lines located inside the elements repair shops. railway infrastructure, in depots or in locomotive remits and private secondary lines: --land; -railway lines and earthworks, in particular on ramblees, debuts, drains and gullies, drain ditches, aqueducts, retaining walls, plantations for the protection of taluses and horses, etc.; passenger platforms and ramps for goods, including railway stations for travellers and freight terminals; moorings and access roads; fencing walls, hedges, parapets and fences; fire protection bands; crossing points; snow protection screens, etc.; -constructions: bridges, aqueducts and other upper passages, tunnels, covered excavations and other lower passages; retaining walls and protective structures against avalanches, stone falls, etc.; -level crossings, including installations designed to ensure road traffic safety; -superstructure, in particular itself, rails with trench and counter-rails; sleepers and longrins, small assembly materials for line, ballast, including gravel and sand; macazes, crossing points, ground heating devices, etc.; and transborders, less those reserved exclusively for locomotives; -access routes for passengers and goods, including access by road and access for pedestrians who come and walk away; -safety, signalling and telecommunications installations in current lines, in stations and in triages, including installations for the production, transformation and distribution of electric current for signalling and telecommunications; buildings affected for these installations or devices; track brakes; -lighting installations for traffic and its safety; -electrical energy transformation and transport installations for train traction; substations, power cables between substations and contact wires, contact lines with catenary suspension and supports; -buildings used by the infrastructure department, including those used by some of the installations for the collection of charges for transport. + Annex II SERVICES to be provided to operators of rail transport (referred to in art. 13 13) 1. The minimum access package shall include: a) the treatment of applications for the provision of railway infrastructure capacity; b) the right to use the infrastructure capacity granted; c) the use of railway infrastructure, including macazes and junctions; d) the management of rail traffic, including signalling, regulation, dispatching, as well as the communication and provision of information on train traffic; e) the use of electric power supply equipment for traction current, if available; f) all other information necessary for the introduction or operation of the services for which the infrastructure capacities have been granted. 2. Access shall be granted, including access by rail, to the following service facilities, where they exist, and to the services provided under such infrastructure: a) train stations, their buildings and other facilities, including the display of travel information and the appropriate location for ticket issuing services; b) freight terminals; c) triage stations and train training infrastructures, including manoeuvring infrastructures; d) garare lines; e) maintenance infrastructure, with the exception of capital maintenance infrastructures dedicated to high-speed trains or other types of rolling stock requiring specific facilities; f) other technical infrastructure, including cleaning and washing facilities; g) maritime and inland port infrastructure related to railway activities; h) intervention infrastructures; i) fuel supply infrastructure and the supply of fuel in these infrastructures, the related charges must be separately on invoices. 3. Additional services may include: a) the current for traction; the related charges must appear on invoices separately from the charges for the use of electric power equipment, without prejudice to the application Directive 2009 /72/EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market in electricity and repealing Directive 2003 /54/EC transposed into national law by Law on electricity and natural gas no. 123/2012 , with subsequent amendments and completions; b) preheating of passenger trains; c) specific contracts for: -control of dangerous goods transport; -assistance in the operation of special trains. 4. ancillary services may contain: a) access to telecommunications networks; b) provision of additional information; c) technical inspection of rolling stock: d) ticketing services in train stations; e) the capital maintenance services provided in the infrastructures dedicated to high-speed trains or other types of rolling stock that require specific facilities. + Annex III FINACIAL CAPACITY (provided in art. 20 20) Information to be provided by undertakings applying for a railway transport licence, in accordance with the provisions of art. 20, covers the following issues: a) the available financial resources, including the bank balance, provisions for overdrafts and loans; b) funds and assets available as collateral; c) the working capital; d) the relevant costs, the costs of purchasing vehicles, land, buildings, installations and rolling stock; e) the tasks set up on the assets of f) taxes and social contributions; g) level of arrears on payment of taxes and social contributions + Annex IV CONTENT the network reference document (referred to in art. 27 27) The network reference document provided for in art. 27, shall contain the following information: 1. a chapter determining the nature of the infrastructure available for rail operators and the conditions for access to it. The information in this section shall be harmonised annually with the railway infrastructure registers which shall be published in accordance with the provisions of the art. 32 of Government Decision no. 877/2010 on the interoperability of the rail system, as amended, or to refer thereto; 2. a chapter on pricing principles and tariffs. It shall contain adequate details of the tariff system and sufficient information on the tariffs, as well as other relevant access information, which shall apply to the services listed in Annex no. II, secured by a single supplier. Details the methodology, rules and, as the case may be, scales used for the application of art. 31-36, both for taxes and for costs. It contains information on tariff changes already established or foreseen in the next 5 years, if available. Businesses that manage the rented railway infrastructure, under the law, will transmit the specific information from the previous paragraph, for inclusion in the network's reference document, or indicate a website where this information are available free of charge electronically; 3. a chapter on the principles and criteria for the allocation of infrastructure capacities. It lays down the general characteristics of the infrastructure capacity available to rail operators and any restrictions in relation to its use, including the likely conditions for maintenance of infrastructure. It also specifies the procedures and deadlines in relation to the infrastructure capacity allocation process. Contains the special criteria used during the process, in particular: a) procedures according to which applicants may request infrastructure capacity from the infrastructure manager; b) the conditions to be met by applicants; c) the planning of application and allocation processes, as well as the procedures that are followed for requesting information on planning and planning procedures for scheduled or unforeseen maintenance work; d) the principles governing the coordination procedure and the dispute resolution system available as part of this procedure; e) the procedures to be followed and the criteria used when the infrastructure is saturated; f) details of the restrictions on the use of g) conditions that take into account previous levels of use of infrastructure capacity in determining the priorities for the allocation process. It describes in detail the measures taken to ensure the proper treatment of freight services, international services, as well as requests that are subject to last-minute procedures. Contains a typified form for infrastructure capacity allocation requests. The infrastructure manager shall also publish detailed information on the procedures for the allocation of international routes; 4. a chapter on the information about the license provided in art. 25 25 of this Law and of railway safety certificates issued in accordance with the provisions Law no. 55/2006 on railway safety, with subsequent amendments and additions, or indicating a website where such information is available free of charge in electronic form; 5. a chapter on information on dispute resolution procedures and the introduction of redress on issues concerning access to railway infrastructure and services, as well as the performance improvement system mentioned in art. 35 35; 6. a chapter on information about access to the service facilities referred to in Annex no. II and their pricing. Operators of service infrastructures not under the control of the infrastructure manager shall provide information on the charges for access to the infrastructure and for the provision of services, as well as the technical conditions of access for inclusion in the network reference document or indicate a website where this information is available free of charge in electronic form; 7. a model of agreement for the conclusion of the framework agreements between the infrastructure manager and an applicant, in accordance with the provisions of art. 42. + Annex V BASIC PRINCIPLES AND PARAMETERS of the activity contract between the Ministry transport and infrastructure manager (referred to in art. 30 30) The activity contract details the provisions of art 30 30 and includes at least the following elements: 1 1. the scope of the contract with regard to infrastructure and service infrastructures, which shall be defined taking into account the structure of the services set out in Annex no. II. It covers all aspects of infrastructure management, including maintenance and renewal of infrastructure already in operation. Where appropriate, the construction of new infrastructure may also be included; 2. the structure of payments or funds allocated to the infrastructure services listed in Annex no. II, maintenance, renewal and treatment of arrears in maintenance and renewal activity. Where appropriate, the structure of payments or funds allocated to new infrastructures may also be included; 3. performance targets focused on the user, in the form of indicators and quality criteria covering elements such as: a) rail performance, such as from the point of view of line speed, reliability and customer satisfaction; b) network capacity; c) asset management; d) activity volumes; e) safety levels; f) environmental protection; 4. the volume of possible backlog in the maintenance activity and the assets to be disposed of and which therefore determine different financial flows; 5. incentives provided in art. 30 30 para. ((1), except those implemented by regulatory measures in accordance with the provisions of art. 30 30 para. ((3); 6 6. the minimum reporting obligations of the infrastructure manager in relation to the content and frequency of the reports, including the information to be published annually; 7. the agreed duration of the agreement, which will be synchronized and will correspond to the duration of the business plan, and the framework and pricing rules established by the state; 8. rules to address major interruptions of operations and emergency situations, including contingency plans and early termination of the contract, as well as timely information of users; 9. remedial measures, which are taken in a situation where one of the parties violates its contractual obligations or in exceptional situations affecting the availability of public funding. These include conditions and procedures for renegotiation and early termination. + Annex VI REQUIREMENTS applicable to costs and related charges railway infrastructure (referred to in art. 32 32 para. ((1) and art. 35 35] 1. The paired items to be considered by the infrastructure manager in the event that a list of market segments is defined in order to introduce increases in the charging system, in accordance with the provisions of art. 32 32 para. (1), shall include at least the following: a) travel/marfa; b) trains carrying dangerous goods/other goods; c) international/interne; d) combined transport/direct trains; e) transport services of urban or regional/interurban; f) full trains/isolated wagons; g) regular/occasional rail transport services. 2. The performance improvement system provided for in art. 35 35 must focus on the following basic principles: a) to achieve an agreed level of performance and not to jeopardise the economic viability of a service, the infrastructure manager agrees with applicants on the parameters of the performance improvement system, in particular on the value of the delays, on the limits of payments due under the performance improvement scheme, both in terms of individual races and the totality of the races of a railway operator in a given period; b) the infrastructure manager communicates to the rail transport operators the traffic chart on the basis of which the delays are calculated, at least 5 days before the race. The infrastructure manager may apply a shorter notice period in case of force majeure or late changes in the circulation chart; c) all delays fall within one of the following classes and subclasses of delay: 1. causes related to the management of the operation/planning, attributable to the infrastructure manager: 1.1. elaboration of the circulation chart; 1.2. train formation; 1.3. mistakes in the operations procedure; 1.4. erroneous application of the rules of priority; 1.5. personnel; 1.6. other causes; 2. causes related to infrastructure installations, attributable to the infrastructure manager: 2.1. signalling installations; 2.2. signalling installations at level crossings; 2.3. telecommunication equipment; 2.4. Power supply equipment; 2.5. line; 2.6. structures; 2.7. personnel; 2.8. other causes; 3. causes related to civil engineering, attributable to the infrastructure manager: 3.1. planned construction works; 3.2. irregularities in the execution of construction works; 3.3. speed restrictions due to defective lines; 3.4. other causes; 4. causes attributable to other infrastructure managers: 4.1. caused by the previous infrastructure manager; 4.2. caused by the following infrastructure manager; 5. commercial causes attributable to the railway operator: 5.1. overcoming the stopping time; 5.2. the request of the railway operator; 5.3. loading operations; 5.4. irregularities when loading; 5.5. Commercial preparation of the train; 5.6. personnel; 5.7. other causes; 6. rolling stock attributable to the rail transport operator: 6.1. tourism planning/reorganization of tourism; 6.2. train training by the railway operator; 6.3. problems in wagons-passenger transport; 6.4. problems with wagons-freight transport; 6.5. problems affecting wagons, locomotives and railcars; 6.6. personnel; 6.7. other causes; 7. causes attributable to other rail transport operators: 7.1. caused by the following rail operator; 7.2. caused by the previous rail operator; 8. external causes, not attributable to the infrastructure manager or to the railway operator: 8.1. strike; 8.2. administrative formalities; 8.3. external influence; 8.4. Meteorological effects and natural causes; 8.5. delay due to external reasons in the following network; 8.6. other causes; 9. secondary causes, not attributable to the infrastructure manager or to the railway operator: 9.1. dangerous incidents, accidents and hazards; 9.2. occupation of line due to delay of the same train; 9.3. filling the line due to the delay of another train; 9.4. return; 9.5. links; 9.6. further investigation required; d) whenever possible, delays shall be imputed to a single organisation, taking into account both the responsibility for causing disruption and the ability to restore normal traffic conditions; e) the calculation of payments shall take into account the average delay of rail services for similar punctuality requirements; f) the infrastructure manager shall communicate to the railway operators a calculation of the payments due under the performance improvement system as soon as possible. This calculation shall encompass all delayed journeys within a period of not more than 30 days; g) without prejudice to the existing remedies and the provisions laid down in art. 56, in the case of differences in relation to the performance improvement system, a dispute resolution system is made available to quickly resolve such situations. This system of dispute resolution must be impartial to the parties involved. If this system applies, a decision must be taken within 10 working days; h) once a year, the infrastructure manager publishes the average annual level of service performance by rail operators based on the main parameters agreed in the performance improvement system. + Annex VII TIMING OF THE ALLOCATION PROCESS (provided in art. 43 43) 1. The circulation chart is set once in a calendar year. 2. The modification of the circulation chart is carried out at midnight, on the second Saturday of December. If a change or adjustment is made after the winter pass, especially to take into account, as the case may be, changes in the train ride of regional passenger traffic, it will take place at midnight on the second Saturday of the month. June, as well as in need, at other times between these dates. The infrastructure manager may establish different data and inform the European Commission if international traffic risks being disrupted. 3. The deadline for receipt of applications for infrastructure capacities to be included in the traffic chart may not exceed 12 months prior to the entry into force of the circulation chart. 4 4. At most 11 months before the entry into force of the circulation chart, the infrastructure manager, in collaboration with the other infrastructure managers involved, shall ensure that the provisional international routes have been established. The infrastructure manager shall ensure, as far as possible, compliance with these provisional measures during subsequent proceedings. 5. No later than 4 months after the deadline for the submission of tenders by the applicants, the infrastructure manager shall prepare a draft timetable for circulation. + Annex VIII ACCOUNTING INFORMATION to be submitted on request to the National Council Railway surveillance (provided for in art. 56 56 para. ((12)] 1. Accounting separation: a) profit and loss accounts and separate accounting balance sheets for freight, passenger transport and infrastructure activities; b) detailed information about individual sources, uses of public funds and other forms of compensation, in a transparent and detailed manner, including a detailed presentation of the cash flows of economic agents, in order to determine how these public funds or other forms of compensation have been spent; c) categories of costs and profit, allowing to determine whether there were cross-subsidies between these different activities, according to the requirements of the National Railway Supervisory Board; d) the methodology used to allocate costs between different activities; e) where the regulated undertaking is part of a group structure, full details of payments made between rail operators. 2. Monitoring the access charges to the railway: a) the different cost categories, with particular information on the marginal/direct costs of the various services or groups of services, in order to enable the monitoring of infrastructure charges; b) sufficient information to enable the monitoring of individual charges paid for services or groups of services; at the request of the National Railway Supervisory Board, this information must contain data relating to the volumes of individual services, the prices of individual services and the total revenues of individual services paid by internal and external customers; c) costs and revenues related to individual services or groups of services with the help of a relevant methodology, according to the requirements of the National Railway Supervisory Board, to identify the potential prices anticompetitive-cross-subsidies, ruining prices and excessive prices. 3. Indication of financial performance: a) a statement of financial performance; b) a summary statement of expenditure; c) a statement of maintenance expenses; d) an operating expenses statement; e) a declaration of income; f) supporting notes that develop and explain the statements, as appropriate. ---------