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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Law No. 202 of 4 November 2016 on the integration of the railway system from Romania in the ISSUING of the single european rail space PARLIAMENT Published in MONITORUL OFICIAL nr. 900 of November 9, 2016, the Romanian Parliament adopts this law.


Chapter I General provisions Article 1 subject matter and scope (1) this law shall lay down the rules to be applied: (a)) on the territory of Romania concerning railway infrastructure management and rail transport activities of the railway operators who have their headquarters or to establish their headquarters in a Member State, as described in Chapter 3. II;
  

b) criteria for the issue, renewal or amendment of licences by the European rail Agency Licenses Rail English, intended for rail carriers that are established or to be established in Romania, set out in his head. III;
  

c) principles and procedures applicable in respect of the establishment and levying of railway infrastructure charges and the allocation of railway infrastructure capacity, set up in the head. IV. (2) this law shall apply to the use of railway infrastructure for domestic and international rail operated on Romanian territory.
  


Article 2 Exclusions from the scope of application (1) the provisions of cap. (II) do not apply to railway operators who operate only freight services urban, suburban or regional levels within the framework of independent local and regional networks for transport services on railway infrastructure or networks intended exclusively for the operation of railway services to urban or suburban. In the event that such a rail-transport operator shall be controlled directly or indirectly by any company or other entity who conducts or integrating rail services other than transport services urban, suburban or regional, applies the provisions of art. 4 and 5. Provisions of art. 6 shall also apply to such rail operators with regard to the relationship between railway operators and operators or entity which directly or indirectly controls them.
  

(2) Are excluded from the provisions of cap. (III) the following: (a) undertakings which only operate) rail transport services passenger transport on a railway infrastructure local or regional independent;
  

(b) undertakings which only operate) rail transport services passenger transport urban or suburban;
  

c) companies only operate freight services on a privately owned railway infrastructure that exists solely for use by the owner thereof, in furtherance of its own cargo transport.
  

(3) the following are excluded from the provisions of art. 7, 8, 13 and the head. (IV) the following: (a) local and regional networks) independent intended for passenger services on railway infrastructure;
  

b) networks intended only for the operation of rail services of urban or suburban passenger transport;
  

(c) regional networks) are used for regional freight services solely by a railway operator, nevizat at para. (1) until requested by another applicant capacity utilisation of such networks;
  

d) privately owned railway infrastructure that exists solely for use by its owner for its own freight operations.
  

(4) Without prejudice to paragraphs 1 and 2. (3) can be excluded, in compliance with the legislation in force, by decision of the Government, the application of art. 8 para. (3) local and regional rail infrastructures which are not of strategic importance for the functioning of the rail market, and from the application of the cap. (IV) local rail infrastructures which are not of strategic importance for the functioning of the rail market. Ministry of transportation shall notify the Commission of their intention to exclude such railway infrastructures.
  

(5) are excluded from the application of article 19. 31 para. (5) vehicles operated or intended to be operated from and to third countries, traveling on a network whose track gauge is different from that of 1435 mm.
  

(6) Ministry of transport shall, by order of the Minister, the publication of the framework and rules for the use of railway infrastructure charging specifically applicable to international transport services of goods coming from or intended for third countries, operated on a network whose track gauge is different from that of the railway network from Romania, with tools and terms other than those indicated in art. 29 para. (1) where this is necessary to ensure fair competition.
  


Article 3 Definitions for the purposes of this law, the terms and expressions below have the following meanings: 1. framework agreement a legally binding general agreement, concluded in conformity with the legislation in force, which lays down the rights and obligations of an applicant and the infrastructure manager with respect to the infrastructure capacity to be allocated and the charges that apply for a period exceeding one working timetable period of circulation;
2. cross-border agreement-any agreement between two or more Member States or between Member States and third countries in order to facilitate the provision of cross-border rail transport services;
3. the infrastructure manager-National Railway Company "C.F.R."-S.A.-the company responsible for the development, management and maintenance of the railway infrastructure, including traffic management, monitoring, and order of the signs, according to the objects/according to the legislation its powers for the formation and operation;
4. allocation of capacity allocation-railway infrastructure the infrastructure manager;
5. the viable alternative-access to other infrastructure facilities which is socially acceptable and economically for rail transport operator, and which enables them to provide these services to transport freight or passengers;
6. the licensing authority rail-Railway Licence Agency, an independent body, established under the authority of the Romanian Railway-A.F.E.R., responsible for licensing of rail transport in Romania according to the law;
7. infrastructure capacity-choice programming required to bid for a piece of infrastructure for a certain period;
8. contract activity-the equivalent of the phrase contractual agreement, as defined in art. 3 paragraph 16 of Directive 34/2012/EU of the European Parliament and of the Council of 21 November 2012 on the establishment of the single european rail space, the contract concluded between the infrastructure manager and the Ministry of transport, on behalf of the State, regulating the relationships between the infrastructure manager and public institutions;
9. coordination-the procedure whereby the infrastructure manager and applicants trying to resolve situations where competing requests to reserve for infrastructure capacity;
10. document network statement-document stating in detail the General rules, deadlines, procedures and criteria for charging and allocation of infrastructure capacity, including any other information like this are necessary to enable request infrastructure capacity;
11. traffic graph-data that defines all movements of scheduled trains and rolling stock relevant infrastructure during the period of validity of this graph;
12. rail infrastructure-all forms listed in the annex. I;
13. infrastructure services — including plants, buildings and equipment, which were arranged in a special way, in whole or in part, in order to permit the provision of one or more services specified in paragraphs 2 to 4 of the annex. II;
14. a congested infrastructure the infrastructure element for which requests for infrastructure capacity cannot be fully satisfied during certain periods even after coordination of the various requests of booking these infrastructure capacity;
15. capital maintenance-routine that works are not carried out within the day-to-day operations and that requires removing the vehicle from service;
16. rail transport license-authorization granted by a licensing authority to an undertaking, by which it recognizes the ability to provide railway services as a rail-transport operator. Through transport licence may be granted only to certain provision of rail transport services;
17. SideTrack-lines intended for specifically of the temporary stationing of railway vehicles between two commands;
18. rail carrier-the equivalent of the expression, as defined by the railway undertaking article 21. 3, point 1 of Directive EU 2012/34/, any public or private entity authorized pursuant to this Act, whose main business is to provide rail transport services for goods and/or passengers, being compulsorily thrust; also included are companies which provide traction only;

19. the operator of a service infrastructure-any public or private entity responsible for managing and providing access to an infrastructure of services or for the provision of one or more operators of rail services provided for in paragraphs 2 to 4 of the annex. II;
20. capacity enhancement plan-a measure or series of measures with a calendar for implementation, to improve capacity restrictions that led to the Declaration of an item of infrastructure as congested infrastructure;
21. reasonable profit-rate of return on equity, which may not exceed 3%, and which take account of the risk, including to address the income, or absence of risk borne by the infrastructure operator services;
22. the entire railway infrastructure network-managed by an infrastructure manager;
23. Another alternative route between the same origin and destination, where there is interchangeability between the two routes for the provision of such transport services for freight and passenger transport by rail operator;
24. regional services-transportation services, whose primary purpose is to meet the transport needs of a region, including those of a cross-border regions;
25. urban and suburban services-services of passenger rail, which operates to meet the transport needs of an urban centre or conurbation and conurbaţii of areas bordering proximity/insured through passenger trains;
26. international transport service of passengers-passenger service where the train crosses at least one border of a Member State and whose primary purpose is to carry passengers between stations placed in different Member States; You can achieve the introduction and/or removal of rail cars from train composition and the different segments of the latter may have different origins and destinations, provided that all wagons cross at least one border;
27. international transport service of freight transportation service where the train crosses at least one border of a Member State; may/can achieve the introduction and/or removal of rail cars from train composition and the different sections may have different origins and destinations, provided that all wagons cross at least one border;
28. requesting a rail-transport operator, or a national or international grouping of railway operators or other natural or legal persons or entities, for example the competent authorities referred to in Regulation (EC) No 1782/2003. 1.065/2007 of the European Parliament and of the Council of 23 October 2007 on public transport services by rail and by road and repealing Council regulations (EEC) No 2092/91. 1.191/69 and no. 1.107/70 of the Council, and shippers, consignors and combined transport operators who wish to obtain infrastructure capacity for public service or commercial interest;
29. Member States-members of the European Union (EU) or States parties to the agreement on the European Economic area (EEA);
30. third countries-countries which are not members of the European Economic area;
31. drawn-infrastructure capacity needed to allow the movement of a train between two places of the network during a given period.


Chapter II the development of railways in Romania section 1 article 4 Administration Independence independence of rail operators and infrastructure manager (1) rail transport operators, the times checked detainees either directly or indirectly, by the State have independent status in relation to the management, administration and internal control problems of administrative, economic and accounting matters in which what you own in particular assets, budgets and accounts, are separate from those of the State. Rail operators activity where the State holds controlling shares is subject to control by the Court of Auditors and of the other institutions involved.
  

(2) while respecting the framework of charging and allocation and specific rules laid down by national law, the infrastructure manager shall have responsibilities for its own management, administration and internal control.
  


Article 5 management of railway operators in accordance with commercial principles (1) rail Operators adapt their activities according to the market conditions and manages these activities under the responsibility of their own leading bodies, in the interests of providing efficient and appropriate services at the lowest possible cost for the quality of service requested. Rail operators are administered according to the principles that apply to companies, regardless of who they are. This is true as well, and for the public service obligations imposed upon them by the State and to public service contracts concluded with the competent authorities of the State.
  

(2) the railway Operators determine their business plans their own programs, including investment and financing. Such plans are designed to achieve the society's financial equilibrium and other technical, commercial and financial management; the plans also indicate the means of achieving these objectives.
  

(3) by referring to the general policy guidelines issued by the Ministry of transport and taking into account national plans and contracts, which may be multiannual investment plans, including funding and rail operators have the right to: a) to establish their internal organization, without prejudice to art. 7, 29 and 39;
  

b) to control the supply and removal from the market of the services and fix their prices;
  

c) take decisions on staff, assets and own procurement;
  

d) to expand their market share, develop new technologies and new services and adopt any innovative management techniques;
  

e) to establish new activities in fields associated with railway. This paragraph is without prejudice to the provisions of Regulation (EC) No 1782/2003. 1.065/2007.
  

(4) major decisions relating to the management of railway transport activity, where the State owns controlling stock is approved by the general meeting of shareholders, upon the proposal of the Board of Directors, in compliance with the provisions of the legislation applicable to companies, regardless of their form of ownership.
  


Section 2 of the 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 are administered by the separate entities from legal point of view, making and functional. This provision is applicable and on railway infrastructure sectors rented to other companies, according to the law, to manage and use.
  

(2) the railway Operators and infrastructure manager shall be required to keep accounts of profits and losses and separate balance sheets, lawfully force, for activities related to the provision of transport services and for activities related to the management of railway infrastructure and to publish their own pages on the internet and on the website of the Ministry of transportation. Public funds paid for the provision of transport services or for railway infrastructure management may not be transferred between the two sectors. Payment for services supplied between railway entities is not considered one of public funds, regardless of the origin of funds with which it is performed.
  

(3) rail carriers are required to keep and publish on the internet pages of their own profit and loss accounts and balance sheets, lawfully in force, on the one hand in relation to the activities relating to the provision of rail transport services for goods and, on the other hand, in connection with activities relating to the provision of passenger transport services. Funds paid for activities relating to the provision of transport services as public-service obligations shall be presented separately in respect of accounting, in accordance with the provisions of art. 7 of Council Regulation (EC) No 1782/2003. 1.065/2007 and may not be transferred to activities relating to the provision of other transport services or other activities.
  

(4) the accounts of the various sectors of activity referred to in paragraph 1. (2) and (3) shall be kept in such a way as to permit monitoring of the ban on the transfer of public funds paid to a sector of activity by one another, as well as monitoring the use of revenue from charges for the use of infrastructure and of surpluses from other commercial activities.
  


Article 7 Independence essential functions of the infrastructure manager


(1) the infrastructure manager shall be required to ensure that all rail operators, equitable and non-discriminatory access to infrastructure. To this end, the infrastructure manager shall pursue the following essential functions: a) decision-making in relation to the allocation of train paths, including the definition and assessment of the availability, and the effective allocation of individual train paths;
  

b) decision-making in relation to infrastructure charging, including the establishment and enforcement of charges, without prejudice to the provisions of article 3. 29 para. (1) and (2) the infrastructure manager does not have the right to carry out transport services by rail, with the exception of transport in their own interest stipulated by Government Emergency Ordinance nr. 12/1998 on the transport by railways and the reorganization of the National Railway Company of Romania, republished, with subsequent amendments and additions.
  

(3) Without prejudice to paragraphs 1 and 2. (1) Ministry of transportation may entrust certain operators of rail transport or any other body the responsibility to contribute to the development of the railway infrastructure through investment, maintenance and/or funding, and by other means provided by law. Entrusting such responsibilities must not involve retrieving the entity concerned of the decision concerning the management or the development of the railway infrastructure.
  


Section 3 of article 8 financial position Improvement Funding to the infrastructure manager (1) the Romanian State, through the Ministry of transport, ensures the development of the national railway infrastructure on the basis of a 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 transportation, in consultation with the infrastructure manager, shall develop indicative strategy for infrastructure development to meet future mobility needs, in terms of maintenance, renewal and development of infrastructure. The strategy in question cover a period of at least five years and shall be renewable. After consulting the parties concerned, this strategy will be published by the Ministry of transportation and is transmitted to the European Commission.
  

(2) Ministry of transport infrastructure manager ensures, in accordance with national legislation and with the provisions of art. 93, 107 and 108 of the Treaty on the functioning of the European Union hereinafter TFEU, funding at a level corresponding with its functions, as set out in art. 3 section 3 infrastructure size and financial requirements, in particular in order to cover new investments. The Government's decision may be taken, in compliance with the legislation in effect, financing these investments through loans guaranteed by the State or by means other than direct funding from the State. Where the infrastructure manager, and other economic activities carried on outside of the Administration, infrastructure is necessary to separate the accounts of these two categories of activities, so that the State funding to be used exclusively for the management of the infrastructure. In any case, the Ministry of transport shall ensure that the requirements laid down in paragraph 1. 4. (3) in the framework of general policy determined by the Ministry of transport and taking into account the guidelines referred to in paragraph 1. (1) and the financing provided by the State, referred to in paragraph 1. (2), the infrastructure manager shall adopt a business plan including investment programmes and funding. The plan shall be drawn up so as to ensure use, making available effective and optimal development and infrastructure while ensuring financial balance and making available the necessary means for achieving these objectives. The infrastructure manager shall ensure that interested applicants, upon request, access to relevant information and the opportunity to express their views on the contents of the business plan as regards conditions of access and use, as well as the nature of the supply and development of infrastructure, before it has been approved by the infrastructure manager.
  

(4) under normal circumstances and on a reasonable period not exceeding 5 years, profit and loss accounts of the infrastructure manager must at least balance income from infrastructure charges, surpluses from other commercial activities, income from private sources, grants and financing from the State, on the one hand, including , if any, advance payments from the State carried out in accordance with the legislation in force and, on the other hand, expenditure on infrastructure. To this end, within the framework of the contract concluded between the Ministry of transport activity and infrastructure manager, it shall determine the funding from the State so as to ensure the achievement of this balance, and the Ministry of transport will ensure funding including, where appropriate, to the financing of multiannual nature. Without prejudice to the objective of long-term users to cover the cost of infrastructure for all modes of transport on the basis of fair and non-discriminatory competition between the various modes of transport, where rail transport is able to compete with other modes of transport within the charging framework of art. 31 and 32, the Minister of Transportation may require the infrastructure manager to balance his accounts without State funding.
  


Article 9 the transparent Reduction of debts Without prejudice to the rules of the European Union in the field of State aid, and in accordance with the provisions of art. 93, 107 and 108 from TFEU, Ministry of transport shall set up appropriate mechanisms to help reduce the indebtedness of European rail operators with state capital, at a level which does not impede sound financial management and that the financial situation improves. Mechanisms will be provided through the Government's judgement, with due regard for the provisions of the national legislation and the European Union in the field of State aid.


Section 4 of the access to the infrastructure and rail services Article 10 conditions for access to the railway infrastructure (1) rail carriers shall be granted, on equitable conditions, non-discriminatory and transparent, the right of access to the railway infrastructure from Romania, for the purpose of operating all types of rail transport services for goods. That right includes access to infrastructure connecting the seaports and inland and other infrastructure of services referred to in point 2 of the annex. And the infrastructure that serves or may serve more than one final customer.
  

(2) the railway Operators are granted rights of access to railway infrastructure from Romania for the purpose of operating a service of international transport of passengers. The duration of any international transport service of passengers, rail operators have the right to embark passengers from any station located on the international route and to disembark in another station. That right includes access to infrastructure that connects service infrastructures referred to in point 2 of the annex. II. (3) following a request submitted by the competent authorities or by operators of rail, the National Council for supervision in the field of Rail should determine whether the primary purpose of our service is to carry passengers between stations located in different Member States.
  

(4) the measures which shall lay down the details of the procedure and criteria to be followed for the application of paragraph 1. (3) shall be adopted in accordance with the implementing provisions adopted by the European Commission.
  


Article 11 limitation of right of access and right of embarking and disembarking of passengers (1) Ministry of transportation with the consent of the National Council for Supervision in the field of railway may restrict, by a decision, the right of access under article 13. 10 the services operated between a place of departure and a destination which are covered by one or more public service contracts which are in conformity with EU legislation and/or national legislation, as appropriate. Such a limitation does not have the effect of restricting the right of boarding passengers at any station located on the route of an international service and landing in another station, except where the exercise of this right would jeopardize the economic equilibrium of such a public service contract.
  


(2) the National Council for supervision in the field of Rail determines, on the basis of an objective economic analysis and predetermined criteria according to the law, if the economic balance of public service contract would be jeopardized as a result of requests from any of the following entities: the Ministry of transport) and/or competent authorities that awarded the public service contract;
  

(b) any other competent authority) the applicant has the right to limit access for the purposes of this article;
  

c) infrastructure manager;
  

d) rail operator which performs a public service contract.
  

At the request of the National Council for Supervision in the field of Rail operators and competent authorities of rail providing these services provide public information is required, within reasonable limits, in order to be able to make a decision. The National Council for supervision in the field of railway and analyzes the information provided by these parties and, as appropriate, request any relevant information from all parties and initiate their consultation within 30 days of receipt of the request. The National Council for supervision in the field of Rail must consult all the parties concerned, as appropriate, and inform the parties of the decision to set out in detail in a predetermined period and reasonable and, in any case, not later than 6 weeks after receipt of all relevant information.

(3) the National Council for supervision in the field of Railway presents the reasons for its decision and specify the time limit and conditions under which any of the below entities may require reassessment of the situation which led to the issuance of decision: to the Ministry of transport) and/or the relevant competent authorities;
  

b) infrastructure manager;
  

(c) rail operator) that runs a public service contract;
  

d) rail transport operator requesting access.
  

(4) the measures which shall lay down the details of the procedure and criteria to be followed for the application of paragraph 1. (1) to (3) shall be adopted in accordance with the implementing provisions adopted by the European Commission.
  


Article 12 the levying of a charge from rail operators providing passenger transport services (1) without prejudice to the provisions of article 7. 11(2). (2) Ministry of transportation may be charged a fee from rail operators that offer commercial services of passenger rail to operate routes which fall within the competence of the Ministry of transport in accordance with the public service contracts between two stations on the territory of Romania, under the conditions provided for in this article. In this case, the railway operators that offer these rail services, internal or international travel are applied the same fare for the operation of routes which fall within the competence of the Ministry of transportation.
  

(2) the rate is intended to compensate for the Ministry of transportation for the public service obligations laid down in public service contracts awarded in accordance with the law. Income from the application of that rate and paid by way of compensation does not exceed what is necessary to cover all or part of the costs of public service obligations in question, taking into account the actual receipts and a reasonable profit for the performance of their respective obligations.
  

Income from the application of that rate and paid by way of compensation shall be transferred by the Ministry of transport from the State budget, in accordance with the legal provisions in force.

(3) the tariff in question complies with the principles of fairness, transparency, non-discrimination and proportionality, in particular between the average price of passenger service and level of duty imposed. The total amounts levied pursuant to this paragraph must not endanger the economic viability of the service of passenger rail to which they are applied.
  

(4) Ministry of transport retains the necessary information to ensure that it can identify the origin and use of tariffs, having the obligation to make such information available to the European Commission.
  

(5) Measures setting out the details of the procedure and criteria to be followed for the application of this article shall be adopted in accordance with the implementing provisions adopted by the European Commission.
  


Article 13 conditions of access to services (1), the infrastructure manager shall provide all rail operators in a non-discriminatory manner, minimum access package referred to in point 1 of the annex. II. (2) the operators of infrastructures Services provides non-discriminatory terms to all rail access, including access by rail, the infrastructures referred to in point 2 of the annex. And to the services provided under these infrastructures.
  

(3) in order to ensure full transparency and non-discriminatory access to the infrastructure of services referred to in paragraph 2(a). a)-d), g) and (i)) of the annex. (II) as well as supplies of services within the framework of these infrastructures, where the operator of such a service infrastructure is under direct or indirect control of a body or an undertaking which also activates and holds a dominant position on the markets for national railway services that uses the infrastructure operators of these infrastructures must be organised in a manner independent of the organisational and decision-making toward that body or by the management company. This independence does not imply the requirement of establishing a separate legal entity for services and infrastructure can be achieved through the Organization of separate departments within the same legal entity. For all service infrastructures referred to in point 2 of the annex. , And the operator's body or company have separate accounts, including balance sheets and profit and loss accounts, which shall be kept and shall be published in compliance with the legal provisions in force. Operation of an infrastructure of services can be provided by the infrastructure manager or an operator of infrastructure services under direct or indirect control of the infrastructure manager, having due regard to the requirements laid down in article 21. 7. (3) in order to ensure full transparency and non-discriminatory access to the infrastructure of services referred to in paragraph 2(a). a)-d), g) and (i)) of the annex. (II) as well as supplies of services within the framework of these infrastructures, where the operator of such a service infrastructure is under direct or indirect control of a body or an undertaking which also activates and holds a dominant position on the markets for national railway services that uses the infrastructure operators of these infrastructures must be organised in a manner independent of the organisational and decision-making toward that body or by the management company. This independence does not imply the requirement of establishing a separate legal entity for services and infrastructure can be achieved through the Organization of separate departments within the same legal entity. For all service infrastructures referred to in point 2 of the annex. , And the operator's body or company have separate accounts, including balance sheets and profit and loss accounts, which shall be kept and shall be published in compliance with the legal provisions in force. Operation of an infrastructure of services can be provided by the infrastructure manager or an operator of infrastructure services under direct or indirect control of the infrastructure manager, having due regard to the requirements laid down in article 21. 7. (4) applications filed by railway operators for the provision of access to and supply of services within the infrastructure of services referred to in point 2 of the annex. Receive a response in a reasonable time period established by the National Council for supervision in the field of Railway, but no later than 30 days from the date of application. These requests may be rejected only if there are viable alternatives that allow them to operate that service of freight or passengers on the same routes or alternative routes in acceptable conditions. This does not oblige the operator to carry out the services infrastructure investments in infrastructure or resources to respond to all queries submitted by the rail operators.
  

Where rail operators requests relating to access to and supply of services within an infrastructure of services managed by an infrastructure of services referred to in paragraph 1. (3) the operator of infrastructure services justify in writing any decision of rejection and indicate feasible alternatives.


(5) where an operator of an infrastructure of services referred to in point 2 of the annex. (II) discovers that there are conflicts between different requests he shall attempt to satisfy as far as possible, all requests. If there is no viable alternative and cannot resolve all requests for infrastructure capacity concerned on the basis of demonstrated need, the applicant may lodge a complaint with the National Council for supervision in the field of Railway, which examines the case and take action, when necessary, to ensure that an appropriate portion of its capacity is paid to that applicant.
  

(6) where an infrastructure of services referred to in point 2 of the annex. (II) has not been in use for at least two years in a row, and rail operators have informed the operator of that service infrastructures with regard to their interest related to access to the infrastructure in question, on the basis of demonstrated need, its owner must publish a notice of the lease or tenancy, according to the law, for the operation of the railway infrastructure services whole or in part, unless the operator of that service infrastructure shows that a process of conversion set in progress makes it impossible to use it by a rail-transport operator.
  

(7) where the operator service infrastructure provides any of the services referred to in point 3 of the annex. (II) in the form of a value added service, it provides, on request, railway operators, in a non-discriminatory manner.
  

(8) the operators of rail infrastructure manager or may be required infrastructure service operators, by way of additional services, ancillary services as provided for in point 4 of the annex. II. infrastructure services Operator is not obliged to provide such ancillary services. If the service infrastructure operator decides to provide any of the ancillary services concerned, it provides rail transport operators, on request, in a non-discriminatory manner.
  

(9) the measures which shall lay down the details of the procedure and criteria to be followed in order to ensure access to the services referred to in points 2 to 4 of the annex. II shall be adopted in accordance with the implementing provisions adopted by the European Commission.
  


Section 6 transboundary Agreements Article 14 General principles regarding cross-border agreements (1) cross-border Agreements shall be concluded by the Ministry of transportation, which must ensure that the provisions included in these agreements do not create discrimination between railway operators and does not limit the freedom of rail carriers to operate cross-border services.
  

(2) Ministry of transportation shall notify the European Commission of any cross-border agreement concluded before entry into force of this law. In addition, the Ministry of transportation shall notify the European Commission of any new or revised cross-border agreement with other Member States, prior to their conclusion, in order to enable the Commission to decide, through acts of implementation, if they are in accordance with the legislation of the European Union.
  

(3) Ministry of transport notifies the Commission of its intention to commence negotiations and conclude agreements on new or revised cross-border with third countries.
  

(4) Ministry of transport shall regularly inform the European Commission about such negotiations and, where appropriate, calls to attend as an observer.
  

(5) In accordance with the legislation in force, the Ministry of transportation is authorized, as a result of decisions taken in this regard by the European Commission, to apply provisionally and/or conclude transborder agreements on new or reviewed with third countries, provided that such agreements are compatible with European Union law and should not affect its policy in the field of transport.
  


Section 6 of article 15 market Monitoring the scope of monitoring (1) for the purposes of monitoring of the market by the European Commission, the Ministry of transport shall provide annually to the Commission the information needed about the use of networks and the evolution of the framework conditions in the rail sector, while respecting the role of the social partners.
  

(2) the Ministry of transportation and the National Council for supervision in the field of Railway, together with representatives of the sectors concerned, including, where appropriate, the social partners in the rail sector, users and representatives of local and regional authorities, shall cooperate with the European Commission so that they can better track the development of the railway sector and the evolution of the market, assess the effect of the measures adopted and analyse the impact of the measures planned by the European Commission.
  


Chapter III licensing of rail transport rail transport operators section 1 Licensing Authority Article 16 Licensing Authority (1) the authority responsible for granting licences for rail transport from Romania is the Romanian Railway Licensing Body, set up under law No. 55/2006 railway safety, with subsequent amendments and additions, which functions as an independent body in terms of functional and decision-making within the Romanian Rail Authority-A.F.E.R.
  

(2) the licensing Body of the Romanian Railway does not provide rail transport services and it is independent of any company or entity providing such services.
  

(3) For the performance of established law, the Romanian Railway Licences, hereinafter referred to as OLFR, is assigned to conduct the following activities: a) the licensing of operators performing railway transport;
  

b) licensing of operators that perform only the railway maneuver;
  

c) licensing of operators who carry out mediation activity of rail transport;
  

d) licensing of operators who carry out certain categories of railway services which do not fall within the scope of the present law;
  

e) modernization strategy will draw up its own development;
  

f) licensing for the operators who perform urban metro transport;
  

g) draws up an annual report on the activities undertaken in the previous year, which it shall publish in the bulletin AFER and on the website of OLFR;
  

h) shall notify the Agency of the European Union for railways, within 30 days from the date of issue of the licences granted to the rail, modified, suspended or withdrawn;
  

I) shall draw up rules and regulations in its field of activity;
  

j) provides rail transport operators registration in the register of European rail operators which it manages;
  

k) ensure records and retention rules, regulations, instructions, methodologies and procedures related thereto, its field of activity;
  

l) shall periodically publish, on its website, list of railway operators who are entitled to carry the benefits of rail transport;
  

m) meets and other duties specific to its activity, the data under its jurisdiction through legislation.
  


Section 2-Conditions for obtaining the licence of railway transport General Requirements article 17 (1) any company established in Romania, with state capital and/or private, that has entered into the memorandum of transport activities by rail, has the right to request a licence OLFR rail transport rail transport services appropriate to carry According to the law.
  

(2) OLFR no rail licensing nor do they extend validity if the failure to comply with the requirements of this chapter.
  

(3) any company which meets the requirements provided for in this chapter shall be entitled to receive a licence of rail transport.
  

(4) No company shall be permitted to carry rail transport services covered by this chapter, if you do not possess the proper licence for rail services to provide them, issued by OLFR in accordance with the law.
  

Carriers have the right of access to the railway infrastructure, in addition to rail transport licence, meet and as stipulated by law for the provision of rail service and for access to railway infrastructure.

(5) for the issue of licence of rail transport is used common standard document format referred to in annex 4. I implementing Regulation (EU) 2015/171 of 4 February 2015 concerning certain aspects of the procedure for the granting of licences to railway undertakings.
  


Article 18 Conditions for obtaining a licence for railway transport


(1) a company applying for a licence of rail transport must be able to demonstrate OLFR, before the start of its activities that it will at all times be able to meet the requirements relating to good repute, financial fitness, professional competence and also that it will be able to cover the liability risks, as set out in art. 19-22. (2) the company applying for a licence for railway transport should provide all the information necessary for proof of fulfilment of the requirements for the grant of this license.
  


Good repute requirements article 19 the Transport Ministry defines, through the licensing procedures for railway transport, the conditions under which good repute requirements are met to ensure that a company applying for a licence of rail transport or persons responsible for the management of such companies: a) have undergone a serious criminal offences, including acts of participation in activities of a criminal organisation , for corruption, fraud and/or money laundering, crimes committed in the field of trade;
  

b) have not been declared bankrupt;
  

c) have not been convicted of serious offences against specific legislation applicable to established in the transport sector;
  

d) have not been sanctioned for serious infringements or repeated failure to fulfil the obligations imposed by the legislation and/or labour-law obligations, including safety and health legislation, and customs legislation, in the case of an applicant who wishes to operate cross-border goods rail transport subject to customs procedures;
  

s) have not entered information in the record.
  


Article 20 financial fitness requirements (1) the requirements relating to financial fitness shall be met when an undertaking applying for a license can demonstrate that rail will be able to meet its present and potential obligations, established under realistic assumptions, for a period of 12 months.
  

(2) financial capacity checks OLFR mainly through the annual accounts of the railway operators or, in the case of applying for a license, but are unable to present annual accounts, a balance sheet recorded the competent financial authority. Each company applying for a licence for railway transport makes available at least the information set out in the annex. III. (3) OLFR believes that a company applying for a licence for railway transport has no financial capacity if there is substantial or recurrent arrears in respect of taxes or social contributions, resulting from its work. The criteria according to which you want to define the notions of substantial or recurrent arrears shall be established by the Government Decree. 25 para. (1) Regulation (EC) OLFR may require an audit report and appropriate documents issued by a financial institution, another financial institution or by an approved auditor. These documents include information specified in the annex. III. Article 21 requirements for professional competence Requirements relating to professional competence shall be met when the company applying for a licence for railway transport is able to demonstrate that it has an organizational structure possessing knowledge or experience required for the performance of operational supervision and safe and effective supervision of the type of operations specified in the licence of rail transport.


Article 22 requirements cover for civil liability without prejudice to European Union rules on State aid and in accordance with the provisions of art. 93, 107 and 108 from TFEU, to prove that it meets the requirements in respect of liability insurance, the company must be secured in an appropriate manner, in accordance with the law, or provided with adequate safeguards, in market conditions for coverage in accordance with international and national law, of its liabilities in the event of accidents, in particular in terms of travel , baggage, cargo, mail and third parties. In spite of this obligation, it can take account of the specific characteristics and risks of the various types of services, especially for railway operations or cultural purposes.


Section 3 of railway transport licence Validity Article 23 territorial and temporal Validity (1) rail transport licence granted by the OLFR is valid throughout the European Union and the States parties to the agreement on the european economic area. Railway licences granted in one Member State are valid in the territory of Romania.
  

(2) a licence granted by the railway OLFR is valid as long as the railway operator is fulfilling the obligations laid down in this chapter. OLFR reviewed every 2 years to achieve those requirements.
  

(3) specific provisions governing the suspension or revocation of a licence of rail transport are included in the licence itself.
  


Article 24 Licence temporary rail, granting, suspension and withdrawal (1) If there are suspicions regarding the compliance of an operator of rail transport requirements of this chapter, in particular those laid down in article 21. 18, OLFR can check at any time whether the rail-transport operator actually performs those requirements.
  

(2) where OLFR is aware that a rail-transport operator no longer meets the requirements, it shall suspend or revoke the license of railway transport in accordance with the provisions of this law.
  

(3) where the OLFR shows that there is doubt regarding compliance with the requirements referred to in this chapter by a rail-transport operator which has been issued a license by the rail transport licensing authority of another Member State, it shall inform without delay, but no later than three working days, the competent authority of the Member State.
  

(4) Notwithstanding the provisions of paragraphs 1 and 2 of the. (1) where a railway is suspended or revoked because of non-compliance with the requirements relating to financial fitness, OLFR may issue a temporary licence to rail up to the reorganization of the rail operator, provided that safety is not thereby jeopardised. Temporary rail licence may be issued for a period not exceeding 6 months.
  

(5) where a rail-transport operator, and has ceased operations for six months or has not started operations within six months of grant of license OLFR rail, may decide that the licence shall be submitted again for approval or be suspended.
  

(6) as regards commencement of railway operator may, on duly justified grounds, the setting of a period greater than six months from the grant of license for railway transport, taking account of the type of transport entered into license and OLFR, following a review, may approve dropping a range greater than 6 months before the commencement of operation of the railway service.
  

(7) in the event of a change likely to affect the legal position of an operator of rail transport and, in particular, in the event of a merger or takeover, OLFR may decide that the licence of rail transport to make again a request for approval. Rail operator in question may continue its activity if OLFR decides that safety is at risk. In such a case, the decision must be substantiated.
  

(8) where a rail-transport operator intends to change or expand their activities significantly, rail transport licence must be submitted to OLFR for review.
  

(9) in the event of the commencement of insolvency proceedings of a rail-transport operator, OLFR analyzes the situation occurs. Rail transport licence shall be suspended, except that the operator shall submit the relevant evidence about the ability to continue working through reorganization, in accordance with the law, within a reasonable period laid down in the procedures for the granting of the licence of rail transport.
  

(10) where the OLFR issued, suspends, revokes or amends a licence, it shall immediately inform the Agency of the European Union for Railways in this respect.
  


Article 25 procedure for licensing of rail transport (1) procedures for licensing of rail transport in Romania are approved by decision of the Government, shall be published in the Official Gazette of Romania, part I, and post on the website of OLFR. The Ministry of transport shall inform the European Commission regarding the approval and publication of licensing procedures.
  


(2) the OLFR shall adopt a decision concerning the request for the grant of a licence of rail transport within a reasonable time but not later than 3 months after the date on which it was submitted with all relevant information, in particular the data referred to in the annex. III. OLFR take account of all available information. It shall be communicated without delay to the company applying for a licence for railway transport. Any refusal should be reasoned.
  

(3) appeals against decisions taken by the deciding OLFR according to the legal regulations in force relating to the administrative contentious.
  


Chapter IV the levying of charges for the use of railway infrastructure and the allocation of railway infrastructure capacity section 1 General rules article 26 effective use of infrastructure capacity the National Council for supervision in the field of Rail has the right to request all necessary data to the infrastructure manager to ensure that the charging and capacity allocation schemes for rail infrastructure complies with the principles laid down by this law and thus allow the infrastructure manager to place on the market and use optimally and the actual capabilities of the available infrastructure.


Article 27 the document network statement (1) after consultation with the interested parties, the infrastructure manager shall establish and publish a network statement, which can be obtained in printed form after payment of a fee not exceeding the cost of the publication of this document. The reference document to be published in at least two official languages of the Union, one of which is the Romanian language. The contents of the document network statement will be made available free of charge in electronic format on the website of the infrastructure manager and is accessible via a common web portal created by infrastructure managers of Member States by virtue of their cooperation in accordance with the provisions of art. 37 and 40.
  

(2) the document network statement determines the characteristics of the infrastructure made available by rail operators and contains information which lay down the conditions for access to the relevant railway infrastructure. Document network statement also contains information which lay down the conditions of access to infrastructure services related to network infrastructure manager and service delivery within these infrastructures or indicates a site on which such information is made available free of charge in electronic format. The contents of the document network statement is set out in the annex. IV. (3) the document network statement will be updated periodically and shall, if appropriate.
  

(4) the document network statement shall be published no later than 4 months before the deadline for submission of applications for infrastructure capacity.
  


Article 28 Agreements between carriers and rail infrastructure manager, Any rail-transport operator which provide 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 be non-discriminatory and transparent, in accordance with this law.


Section 2 of the Tariffs for the use of infrastructure and services Article 29 establishing, determining and collecting charges (1) Setting the framework for the use of railway infrastructure charging is done by contract of activity referred to in article 1. 30 paragraph 2. (2) in accordance with the legal provisions in force, respecting the independence of Administration referred to in article 1. 4. specific charging Rules shall be determined by the infrastructure manager, and published by him in the network statement, together with a framework for the use of railway infrastructure charging. The infrastructure manager shall calculate and charge for the use of railway infrastructure in accordance with the established tariff rules.
  

(2) the infrastructure manager shall ensure that the charging scheme in use is based on the same principles over the whole of the network, except in the case provided for in article 10. 32 para. 3. (3) the infrastructure manager shall ensure that the application of the charging scheme results in equivalent and non-discriminatory tariffs for the different rail operators who carry out the benefits of services of equivalent nature in a similar market areas, and that the charges actually applied comply with the rules laid down in the network statement.
  

(4) the infrastructure manager comply with privacy from commercial point of view of the information provided to it by applicants.
  


Article 30 infrastructure Costs and accounting (1) the infrastructure manager should be stimulated to reduce the costs of provision of infrastructure and the level of charges, under the conditions of maintaining and improving the quality of infrastructure and service requirements in terms of safety.
  

(2) without prejudice to their powers regarding the planning and financing of the railway infrastructure and the principle of annuality of the budget, between the Ministry of transportation and infrastructure manager shall be concluded a contract of activity over a period of at least five years. This contract shall comply with at least the basic principles and parameters of the annex. V. (3) how to implement the incentives referred to in paragraphs 1 and 2. (1) shall be determined by the contract.
  

(4) where the mode of implementing the incentives referred to in paragraphs 1 and 2. (1) shall be established through regulatory measures, it will be based on the analysis of the cost reductions that could be achieved. These provisions are without prejudice to the powers of the National Council rates review of supervision in the field of Rail. 56. (5) the terms of activity referred to in paragraph 1. (2) the structure of payments designed to provide funds to the infrastructure manager shall be agreed in advance and cover the entire period of the contract.
  

(6) the provisions of the draft contract of work is published by the Ministry of transport, so that any interested party to be given the opportunity to express their views on the contents of the contract of activity before signing it. Contract work is published on the website of the Ministry of transport within 30 days after the date of its conclusion.
  

The infrastructure manager shall ensure consistency between the provisions of the agreement and business plan; 8 para. 3. (7) infrastructure manager shall draw up and keep a register of its assets and the management of the assets to which it is liable under the law and according to the concession contract/lease of public domain, concluded under the terms of the regulations in force, that is used to assess the funding required for the repair or replacement thereof. The register includes information on the renewal and modernisation of the infrastructure.
  

8. the infrastructure manager shall establish a method of sharing of costs between the various categories of services provided by rail operators. This method will be updated periodically on the basis of best international practice.
  


Article 31 the charging Principles (1) the charges for the use of railway infrastructure and infrastructure services shall be paid to the infrastructure manager and operator of infrastructure services, and they use them to finance their activities.
  

(2) the infrastructure manager and service infrastructure operators are obliged to provide the National Council for Supervision in the field of Railway, at the latter's request, all information needed on tariffs imposed in order to enable it to perform its functions under article 4. 56. To that end, the infrastructure manager and operators of infrastructure service operators must be able to demonstrate that rail infrastructure charges actually invoiced to services and rail transport operators, in accordance with the provisions of art. 30-37, comply with the methodology, rules and, where applicable, scales laid down in the network statement.
  

(3) Without prejudice to paragraphs 1 and 2. (4) or (5) or article 3. 32, the charges for the minimum access package and for access to the infrastructure that connects service infrastructures are set at the cost that is directly incurred as a result of operating the train service, in accordance with the measures adopted by the European Commission through acts of implementation, concerning the rules for the calculation of costs incurred directly as a result of the operation of a train.
  

The infrastructure manager may decide to carry out gradual adjustments to these modalities no later than 4 years after the entry into force of those instruments for implementation.


(4) charges for the use of infrastructure referred to in paragraph 1. (3) may include a charge which reflects the scarcity of capacity of the identifiable section of the infrastructure during periods of congestion.
  

(5) the charges for the use of infrastructure covered by paragraph 1. (3) can be modified to account for the costs of environmental effects caused by the operation of the railway. Any such modification shall be differentiated according to the magnitude of the effect caused.
  

The infrastructure manager shall ensure compliance with the provisions of the implementing Regulation (EU) 2015/429 of 13 March 2010 laying down detailed rules to be followed in relation to the application of the charge to the cost of the effects produced by noise and other implementing measures adopted by the European Commission, which shall establish the modalities to be followed with regard to the application of the charge to the cost of the effect caused by noise including the duration of application, and allow differentiation of infrastructure charges to take into account, where appropriate, the sensitivity of the affected area, particularly in terms of the number of people affected, and the composition of the train with an impact on the levels of noise emissions.
Any modification of the infrastructure charges to take account of the costs of noise effects must support modernisation of wagons by applying the most viable technologies economically that allows braking with a low level of noise.
Charging of environmental costs which results in an increase in overall revenue accruing to the infrastructure manager shall be allowed only if such charging is applied in the case of the carriage of goods by road, in conformity with EU legislation and national legislation.
If the charging of environmental costs in the case determines the additional revenue, they are used by the infrastructure manager for infrastructure investment.
Information necessary for the application of environmental costs are managed by the infrastructure manager, ensuring that the origin of charge environmental costs and their mode of 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 undesirable disproportionate fluctuations, the charges referred to in paragraph 1. (3) to (5) may be averaged for a reasonable spread of train services and times. In all cases the relative size of the tariff for the use of infrastructure must be related to the costs attributable to the services.
  

(7) the charges imposed for access to rail services within the infrastructure referred to in point 2 of the annex. And the provision of services within these infrastructures should not exceed the cost of providing them, plus a reasonable profit.
  

(8) where the services referred to in points 3 and 4 of the annex. As additional benefits are offered and one supplier, the charge levied for the service shall not exceed the cost of providing the benefit in question plus a reasonable profit.
  

(9) For capacity used for the purpose of infrastructure maintenance charges may be levied. Such charges shall not exceed the net revenue loss to the infrastructure manager caused by the activity of maintenance.
  

(10) the operator of the infrastructure to provide services referred to in points 2 to 4 of the annex. II information on the infrastructure manager amounts to be included in the network statement or a site on which such information is made available free of charge in electronic form in accordance with the provisions of art. 27. Article 32 exceptions to charging principles (1) to recover the full costs incurred by the infrastructure manager, if the market allows, by order of the Minister of transportation may be charged increases in tariffs on the basis of efficient, transparent and non-discriminatory, while guaranteeing optimum competitiveness of segments of the rail market and respecting the productivity increases achieved by railway operators.
  

However, the level of charges must not exclude the use of infrastructure by market segments which can pay at least the cost that is directly incurred as a result of operating the train service plus a rate of return, if the market can bear.
Before approving the collection of such increases, the Ministry of transportation is requesting an evaluation of the infrastructure manager on their relevance for specific market segments, taking into account at least the elements of the couple referred to in point 1 of the annex. Vi and whichever relevant ones. List of market segments defined by the infrastructure manager, shall include at least the following three segments: freight transport services, passenger transport services under a public service contract and other passenger transport services.
In addition, the infrastructure manager can differentiate market segments depending on the transported goods or travel.
It also defines the market segments in which rail transport operators does not work currently, but may provide services during the period of validity of the tariff system. The infrastructure manager does not include an increase in the system of charging for these market segments. Market segments list will be published in document network statement and shall be renewed at least once every 5 years. The National Council for supervision in the field of Rail controls the list in question in accordance with the provisions of art. 56. (2) for the transport of goods from and to third countries operated on a network whose track gauge is different from that of the main rail network within the European Union, the infrastructure manager may set higher tariffs to recover costs in full.
  

(3) specific investment projects For the future, the infrastructure manager may set or can maintain higher rates on the basis of the long-term costs of such projects, the extent to which these projects will increase efficiency or profitability both times and that, otherwise, could not or could not be implemented. Such an understanding could contain tariff agreements on the sharing of the risk associated with new investments.
  

(4) charges for the use of the infrastructure in the case of railway corridors referred to in Decision 2008/561/EC of 22 July 2009 amending Decision 2006/679/EC with regard to the implementation of the technical specification for interoperability relating to the control-command and signalling of the trans-European conventional rail system differentiates to boost equipping trains with ETCS, in accordance with the version adopted by Commission decision 2008/389/EC of 23 April 2008 amending Annex A to Commission decision 2006/679/EC concerning the technical specification for interoperability relating to the subsystem control-command and signalling of the trans-European conventional rail system and Annex A to decision 2006/860/EC concerning the technical specification for interoperability relating to the subsystem control-command and signalling of the trans-European high-speed rail system and with successive versions. This differentiation does not result in any change in the total revenue to the infrastructure manager. This differentiation of charges for use of infrastructure shall not apply to the railway lines referred to in decision 2008/561/EC, which may circulate only trains equipped with ETCS.
  

(5) in order to avoid any discrimination, the National Rail supervisors shall ensure that rates of average and marginal charges for use of infrastructure manager equivalent of his infrastructure are comparable and that comparable services in the same market segment are subject to the same charges. The infrastructure manager shall show in the network statement that the charging system meets these requirements to the extent that it is not put in a position to disclose confidential business information.
  

(6) where an infrastructure manager intends to modify the essential elements of the charging system referred to in paragraph 1. (1) is pleased to announce this publicly at least 4 months before the date of publication of the document network statement, in accordance with the provisions of art. 27(2). 4. Article 33 Discounts (1) Without prejudice to the provisions of article 7. 101, 102, 106 and 107 from TFEU and through an exception to the principle of direct costs under article 13. 31 para. (3) any reduction of tariffs levied on a supported carrier by rail infrastructure manager, for any service, shall comply with the criteria laid down in this article.
  

(2) the discount is limited to the actual saving of the administrative cost to the infrastructure manager. In determining the level of discount, no account shall be taken of cost savings already internalised in the charge levied.
  


(3) Notwithstanding the provisions of paragraph 1. (2), the infrastructure manager may, for all users of the infrastructure, systems of discounts for traffic flows, granting time limited discounts to encourage the development of new rail services, or discounts encouraging the use of considerably underutilised lines their.
  

4. Discounts may relate only to charges levied for a specified infrastructure section.
  

(5) For similar services apply similar discount schemes. Systems of discounts apply in a non-discriminatory manner to all rail carriers.
  


Article 34 compensation Plans the costs of environmental, accident and infrastructure not paid (1) by decision of the Cabinet of Ministers may establish a system of compensation for a limited period, while ensuring compliance with the provisions of art. 93, 107 and 108 from TFEU, for the use of railway infrastructure on the costs of environmental, accident and infrastructure of competing modes of transport that can demonstrate that they have not been paid, to the extent that these costs exceed the equivalent costs of rail.
  

(2) where a rail-transport operator which has received compensation enjoys an exclusive right, the compensation must be accompanied by comparable benefits to users.
  

(3) the methodology used and calculations made for the compensation scheme should be included in the Government Decree mentioned in paragraph 1. (1) taking into account the specific uncharged costs of competing transport infrastructure that are avoided. The system shall also apply to rail-transport operators, in a non-discriminatory manner.
  


Article 35 the system to improve performance (1) infrastructure charging schemes shall encourage operators of rail transport and the infrastructure manager to minimise disruption and improve the performance of the railway network, by a system of improvement of performance. This system may include penalties for actions which disrupt the operation of the network, compensation for rail transport operators who had to suffer from disruption and bonuses that reward overcoming performance.
  

(2) the basic principles of the system of performance listed in point 2 of the annex. Apply to the whole network.
  


Article 36 reservation charges infrastructure manager may levy an appropriate charge for infrastructure capacity allocated but unused. The tariff Board encourages the efficient use of infrastructure capacity. Receipt of this fee to applicants who have been allocated a train path is mandatory in the case of repeated road train paths allocated or any part thereof. For the purposes of taxation of this tariff, the infrastructure manager shall be published in the reference document on the criteria for determining the non-utilisation of such. The National Council for supervision in the field of railway and verifies these requirements, in accordance with the provisions of art. 56. The payments relating to the tariff are borne either by the applicant or by the railway operator appointed in accordance with the provisions of art. 41 para. 1. The infrastructure manager shall always be able to inform any interested party of the infrastructure capacity which have already been allocated to rail freight operators that use this infrastructure.


Article 37 Cooperation in respect of the charging scheme for more than one (1) network infrastructure Manager collaborates with the managers of the other Member States of bodies or associations of Directors of infrastructure in Europe, in order to permit effective pricing systems, and is associated in order to coordinate the activity of tarifa tariff or to the operation of the railway service that uses more of the infrastructure network of the railway system in the European Union/European Economic area. Within these collaborations, infrastructure manager pursues in particular guaranteeing optimum competitiveness of international rail transport services and ensuring the efficient use of rail networks. To this end, the infrastructure manager shall determine the appropriate procedures, which comply with the rules laid down by this law.
  

(2) for the purposes of paragraph 1. (1), the infrastructure manager shall cooperate with infrastructure managers from other Member States in order to allow effective implementation of the sanctions provided for in article 10. 32 systems to improve performance. 35 if the traffic that crosses more than one network of the railway system in the European Union/European Economic area.
  


Section 3 of the allocation of infrastructure capacity Article 38 rights infrastructure capacity (1) infrastructure capacity shall be allocated by an infrastructure manager. Once allocated to an applicant, infrastructure capacity cannot be transferred by it to another company or another transport service. Any transaction in relation to the infrastructure capacity is prohibited and determines the exclusion by the decision by the National Board of supervisors in the field the following procedure of allocation, referral to the infrastructure manager documentation.
  

Use of infrastructure capacity by a railway operator that conducts activities of an applicant who is not a rail-transport operator is not considered one.

(2) the right to use the infrastructure capacity determined in the form of a train path may be granted to applicants on appropriate maximum duration of one working timetable period.
  

The infrastructure manager and an applicant may conclude a framework agreement in accordance with the provisions of art. 42 for the use of railway infrastructure capacity relevant to a duration of more than one working timetable period.

(3) the rights and obligations of the infrastructure manager and to applicants in respect of any allocation of infrastructure capacity shall be determined by agreement, in compliance with legal provisions.
  

(4) where an applicant intends to request infrastructure capacity with a view to the provision of a service for the international transport of passengers, it must inform the infrastructure manager and the National Council of supervisors in the field. In order to assess whether the purpose of the international service is to carry passengers on a route between stations located in different Member States and which is the potential economic impact on the existing public service contracts, the National Council for supervision in the field of Railway must ensure that they are informed all the competent authorities which have awarded a rail passenger service on the route in question defined in a public service contract, any other interested competent authority with the right to limit access under article 13. 11, and all rail operators who carry out public service contract on the route of an international transport service of passengers respectively.
  


Article 39 the allocation of infrastructure capacity (1) by decision of the Government approving the regulation for the allocation of infrastructure capacity, observing the condition of independence in administration. 4. an infrastructure manager performs the procedures for the allocation of infrastructure capacity. The infrastructure manager ensures that infrastructure capacity is allocated in a fair and non-discriminatory manner, in accordance with national and European legal provisions.
  

(2) the infrastructure manager respects your business information that has been disclosed.
  


Article 40 cooperation in the allocation of infrastructure capacity on several networks (1), the infrastructure manager shall collaborate with the administrators of the other Member States of bodies or associations of Directors of Europe's infrastructure, to enable the development and efficient allocation of infrastructure capacity crossing more than one network rail system across the European Union/European Economic area including under framework agreements. 42. These bodies or associations are set out in the network statement. The infrastructure manager shall collaborate with the administrators of the other Member States in order to establish the appropriate procedures, which are subject to the specific rules laid down by the legislation of the European Union, and consequently the paths crossing more than one network.

Where decisions of the infrastructure manager also impact on other infrastructure managers, it relates to the coordination or allocation for infrastructure capacity allocation to all relevant at the international level, without prejudice to the specific regulations in the legislation of the European Union in the field of railway transport oriented networks. Principles and criteria for the allocation of infrastructure capacity set out in the framework of this cooperation are published by the infrastructure manager in the network statement in accordance with the provisions of point 3 of the annex. IV. Representatives of the corresponding infrastructure managers from third countries can be associated to those procedures.

(2) the infrastructure manager shall inform the European Commission with regard to Romania's main organizing meetings having as theme the development of principles and practices for the allocation of infrastructure capacity, being invited to participate, as an observer. The infrastructure manager shall transmit to the National Council for Supervision in the field of railway and sufficient information for the elaboration of common principles and practices for the allocation of infrastructure and through allocation schemes based on information technology so as to enable it to carry on regulated supervision in accordance with the provisions of art. 56. (3) At any meeting or other activity undertaken to permit the allocation of infrastructure capacity for rail transport services between networks, decisions are only taken by representatives of infrastructure managers involved.
  

4. the infrastructure manager shall indicate in the document network statement to which bodies or associations participating in the cooperation referred to in paragraph 1. (1), their members, their methods of operation and all major criteria used for assessing and allocating infrastructure capacity.
  

(5) within the framework of the cooperation referred to in paragraph 1. (1), the infrastructure manager shall evaluate the needs and, where necessary, may propose and organise international train paths to facilitate the operation of freight trains which are subject to last-minute requests, as referred to in art. 48. (6) the infrastructure manager shall make available to applicants for international train paths, proposed and organized in accordance with the provisions of paragraphs 1 and 2. (5) Article 41 (1) Applicants to obtain Applications for infrastructure capacity may be made by applicants. To use these infrastructure capacity, applicants shall designate a rail-transport operator in order to conclude an agreement with the infrastructure manager in accordance with the provisions of art. 28. This shall be without prejudice to the right of the applicants to conclude agreements with the infrastructure manager pursuant to article 4. 44 para. (1) and (2) the infrastructure manager may set requirements to ensure applicants are safeguarded and the use of the infrastructure. These requirements must be appropriate, transparent and non-discriminatory. These are specified in the network statement, as mentioned in paragraph 3 (a). b) of the annex. IV. These may include only a financial collateral shall not exceed an appropriate level commensurate with the level of activity of the applicant, and to guarantee its ability to prepare compliant bids for infrastructure capacity of.
  

(3) the application of paragraph 1. (2) to comply with the implementing acts adopted by the European Commission.
  


Article 42 the Framework Agreements (1) Without prejudice to the provisions of article 7. 101, 102 and 106 TFEU may be terminated from 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 provided that the applicant for a period exceeding the validity period of a traffic graph.
  

In the framework agreement does not specify a train path in detail, but should be carried out so as to meet the needs of the applicant. Any agreement is subject to the prior approval of the National Council of supervisors in the field.

(2) the framework agreements shall not preclude the use of the relevant infrastructure by other applicants or services.
  

(3) the framework agreements allow their modification or limitation clauses in order to promote a better use of rail infrastructure.
  

(4) the framework agreements may include penalties if their modification or termination.
  

(5) in principle, the framework agreements are concluded for a term of five years, which may be extended for equal periods of time duration. In specific situations, the infrastructure manager may agree to a shorter period or longer. Any period longer than five years shall be justified by the existence of commercial contracts, investment or risk.
  

(6) in respect of services that use a specialised infrastructure referred to in article 1. 49 and requiring substantial investment and long-term, duly justified by the applicant, framework agreements may have a term of 15 years. Any period longer than 15 years shall be permitted only in exceptional circumstances, in particular in the case of a large-scale investment and longer-term and more specifically where these investments are subject to contractual commitments including a multi-annual amortisation plan.
  

In such exceptional cases, the framework agreement may provide 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 train paths. The infrastructure manager may reduce reserved capacity which, over a period of at least 30 days, was used under the threshold specified in article 7. 52. (7) Respecting confidentiality, General provisions of each framework agreement shall be notified to any interested parties.
  

(8) the measures which shall lay down the details of the procedure and criteria to be followed for the application of this article shall be adopted in accordance with the implementing provisions adopted by the European Commission.
  


Article 43 Timetable allocation process (1) the infrastructure manager comply with the timing of the process for the allocation provided for in the annex. VII. (2) the annex. 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, in agreement with the other infrastructure managers interested in over the international train paths are to be included in the working timetable, before starting consultations on the draft working timetable. It will make changes only if absolutely necessary.
  


Article 44 Requests (1) In accordance with the legislation in force, applicants can address the infrastructure manager to request an agreement granting rights to use railway infrastructure against a charge as provided in section 2.
  

(2) applications in connection with normal circulation chart is in compliance with time limits set in the annex. VII. (3) an applicant party to a framework agreement shall address their application in accordance with this agreement.
  

(4) For the paths which cross more than one infrastructure manager networks from Romania, in collaboration with the managers of the infrastructures of the Member States concerned shall ensure that applicants can address a one-stop shop which is either a joint body set up by infrastructure managers or a single administrator infrastructure on a train path. The relevant infrastructure manager is allowed to act on behalf of the applicant to request infrastructure capacity from other infrastructure managers involved. This requirement shall be without prejudice to 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 transport.
  


Article 45 (1) Planning the infrastructure manager shall meet, as far as possible, all requests for infrastructure capacity including requests for train paths crossing more than one network and take account as far as possible, any constraints imposed on applicants, including the economic effect on their activities.
  

(2) in the process of planning and coordination, the infrastructure manager may give priority to specific services, but only as provided for in article 10. 47 and 49.
  


3. the infrastructure manager shall consult interested parties about the draft working timetable and allow them at least 30 days to submit its comments. Stakeholders include all those who have requested infrastructure capacity and parties wishing to use the opportunity to formulate comments on the way in which the graph of the movement may affect their interests for the use of railway services during the validity period of the graph.
  

4. the infrastructure manager shall take appropriate measures in order to take account of the concerns expressed.
  


Article 46 the procedure (1) where, during the scheduling process referred to in art. 45, the infrastructure manager is faced with the existence of conflicts between different requests he shall attempt, through coordination of the requests, to ensure greater harmonisation of requirements.
  

(2) where a situation arises that requires coordination, the infrastructure manager shall have the right, within reasonable limits, to propose infrastructure capacity that are different from the ones applied for.
  

3. the infrastructure manager shall attempt, through consultation with the applicants concerned to resolve any disputes. These consultations are based on free communication in written or electronic format, the following information in a reasonable period: a) requested "all other applicants on the same routes;
  

b) preliminarily allocated train paths to all other applicants on the same routes;
  

c) drawn on the relevant alternatives proposed in accordance with paragraph 1. (2);
  

d) full information concerning the criteria used in allocating infrastructure capacity.
  

In accordance with the provisions of art. 39 in paragraph 1. (2) this information is provided without divulging the identity of the other applicants, unless the applicants concerned have agreed to such disclosure.

(4) the principles governing the coordination procedure shall be laid down in the network statement. They reflect, in particular, the difficulty of coordinating international train paths and the effect that any changes may have on other infrastructure managers.
  

(5) In cases where applications for infrastructure capacity cannot be solved without coordination, the infrastructure manager shall attempt to adapt all requests through coordination.
  

(6) without prejudice to the existing rights of appeal. 56, in the event of disputes in relation to the allocation of infrastructure capacity, is put at your disposal a system of dispute resolution to resolve them promptly. This system is laid down in the network statement. Where the arrangements apply, shall be considered a decision within 10 working days.
  


Congested infrastructure article 47 (1) where after coordination of the requested paths and consultation with applicants after may not be adequately satisfy requests for infrastructure capacity, infrastructure manager declares that immediate section of infrastructure as congested infrastructure. A section of infrastructure as congested is declared and where it can provide that will have insufficient capacity in the near future.
  

(2) where the infrastructure has been declared to be congested, the infrastructure manager shall carry out an analysis of capacity, in accordance with the provisions of article 7. 50, if it was not already introduced a plan to improve capacity in accordance with the provisions of art. 51. (3) where the tariffs referred to in art. 31 para. (4) have not been levied or have not resulted in a satisfactory result and the infrastructure has been declared to be congested, the infrastructure manager may in addition use the priority criteria to allocate infrastructure capacity.
  

(4) the priority criteria shall take account of the importance of a service to the community in relation to another service which will consequently be excluded.
  

Because within this framework to ensure the development of adequate transport services, mainly in order to meet the requirements of the public service, or in order to promote the development of rail freight traffic in the national and international levels, the Ministry of transport sets out the priority criteria for these services on the allocation of infrastructure capacity, non-discriminatory terms.
Under the conditions laid down in the contract of work, the infrastructure manager shall grant, as appropriate, compensation for any loss of income due to the need to allocate a specific capacity of infrastructure, for certain services, in accordance with the previous paragraph.
These criteria and such compensation should take account of the effect of this exclusion in other Member States.

(5) for the determination of the criteria for priority attention shall be paid to the importance of freight services and in particular international freight.
  

(6) procedures to be followed and criteria used where infrastructure is congested shall be presented in the network statement.
  


Article 48 last-minute Requests (1) the infrastructure manager shall respond to requests for last-minute for individual train paths as quickly as possible, but not later than 5 working days. The information provided on the available infrastructure capacity shall be made available to all applicants who wish to use this infrastructure capacity.
  

(2) the infrastructure manager shall carry out, where applicable, an assessment of the need to maintain within the final working timetable has a reserve capacity of infrastructure, enabling it to respond rapidly to requests for fielding predictable. This shall also apply in the case of infrastructure as congested.
  


Article 49 specialized Infrastructure (1) Without prejudice to the provisions of paragraph 1. (2) infrastructure capacity shall be considered available to be used for all types of service which conform to the characteristics required to use the respective path.
  

(2) where there are other adequate alternative routes, after consulting the parties concerned, the infrastructure manager may designate a specific infrastructure to be used for the types caused by traffic. Without prejudice to the provisions of article 7. 101, 102 and 106 TFEU, from where it held such a designation, the infrastructure manager may give priority to this type of traffic on the allocation of infrastructure capacity.
  

Such designation shall not preclude the use of such infrastructure and for other types of traffic that are available infrastructure capacity.

(3) where the infrastructure has been designated pursuant to paragraph 1. (2) this is described in the network statement.
  


Capacity Analysis of article 50 (1) the objective of capacity analysis is to determine the level of infrastructure capacity constraints that do not allow requests for capacity to be met appropriately and to propose methods that allow for further settlement. Capacity analysis determines the congestion and the measures that can be taken in the short and medium term to ease the congestion.
  

(2) capacity Analysis shall take into account the infrastructure, the operating procedures, the nature of the different services that have been made and the effect of all these factors on infrastructure capacity. The measures envisaged include in particular the amendment route, replanning, speed alterations and infrastructure improvements.
  

(3) analysis of capacity shall be completed within 6 months of the identification of infrastructure as congested.
  


Article 51 of the capacity enhancement plan (1) within 6 months after the completion of the capacity analysis, the infrastructure manager shall produce a capacity enhancement plan.
  

(2) improvement plan shall be developed after consultation with the ability of users of infrastructure as congested. It should identify: the congestion);
  

b) probable development of traffic;
  

c) the constraints on infrastructure development;
  

d) variations and costs increase capacity, including likely changes to access charges.
  

On the basis of cost-benefit analysis of the possible measures identified, it also sets the action to be taken to improve the capacity of infrastructure, as well as a timetable for implementing the measures.

3. the infrastructure manager may not charge fares. 31 para. (4) for congested infrastructure where: a he) does not plan to improve capacity; or b) make further progress in the implementation of the actions identified in the capacity enhancement plan.
  

(4) Notwithstanding the provisions of paragraphs 1 and 2 of the. (3) with the approval of the National Council for Supervision in the field of railway infrastructure manager can continue to charge those rates if:
  


the improvement plan) capacity cannot be realised for reasons beyond his control; or (b)) are not available solutions viable economically or financially.
  


Article 52 (1) Use paths in the network statement, the infrastructure manager shall determine the conditions under which take account of previous levels of utilisation of train paths in determining priorities for the allocation of infrastructure capacity.
  

(2) in particular for congested infrastructure the infrastructure manager requires the surrender of a train path which, over a period of at least 30 days, was used under a certain level to be laid down in the network statement, though it was not due to causes other than the economy, beyond the control of the applicant.
  


Article 53 the infrastructure Capabilities for network maintenance (1) Requests for infrastructure capacity to enable maintenance to be performed shall during the planning process.
  

(2) the infrastructure manager shall take account of the impact of infrastructure capacity reserved for scheduled track maintenance can have on applicants.
  

3. the infrastructure manager shall as soon as possible inform the interested parties of the availability of infrastructure capacity due to unplanned maintenance.
  


Article 54 special measures to be taken in the event of disruptions (1) in the event of disturbance to train movements caused by technical problem or an accident, the infrastructure manager shall take all necessary steps to restore the normal situation. For it shall draw up a contingency plan listing the various bodies to be informed in the event of serious incidents or serious disturbance to train movements.
  

(2) in an emergency and where absolutely necessary, due to a failure in which the infrastructure was temporarily out of service, the paths allocated may be withdrawn without notice period required the reactivation of the service. The infrastructure manager may require rail carriers to make available the resources which it considers to be appropriate to restore the situation as soon as possible.
  

(3) the authority of the Romanian Railway Safety (A.S.F.R.) may require rail carriers to become involved in the implementation and monitoring of compliance with the standards and safety rules.
  


Section 4 of the National Council for supervision in the field of Rail Article 55 National Supervisory Council Functioning in the field of rail (1) the National Council for supervision in the field of Rail is organized and operates as an unincorporated structure within the competition Council and meets the regulatory role of single national body within the meaning of this law.
  

(2) the National Council for supervision in the field of Rail shall be independent in terms of organizational, legal, and decision-making regarding financial decisions against the administrator of railway infrastructure, railway infrastructure charging, capacity allocation of railway infrastructure, as well as towards rail transport operators. From functional point of view, this body is independent from any competent authority involved in the award of a public service contract.
  

(3) the National Council for supervision in the field of Rail consists of 5 members. They are selected within a transparent, being appointed and removed by order of the President of the Council for a period of five years, with the possibility of renewed once. The President of the National Council for Supervision in the field of Rail is called from among the members of the plenary Council.
  

(4) it is prohibited to members of the National Council for Supervision in the field of Rail to seek or receive instructions from any public entities private during times of exercising their functions.
  

(5) the members of the National Council for Supervision in the field of Rail you must meet the following conditions: (a)) to be Romanian citizens with relevant experience of at least 5 years proven competence and appropriate supporting documents, in one of the following areas: economic, legal, railway and other network industries, public administration;
  

b) not to hold shares directly indirectly, at times the administrator of railway infrastructure, at bodies for rail infrastructure charging, to the allocation of railway infrastructure capacity and/or rail operators;
  

c) does not originate from the Board of Directors and/or the general meeting of shareholders within the entities referred to in b);
  

d) have no employment relationship or not to carry out remunerated for any of the entities, shareholders or members referred to operators. b);
  

e) fulfil tasks related to the award of public service contracts for transport by rail;
  

f) may not hold other positions or dignities, with the exception of those within the competition Council and the functions or activities in the field of teaching, scientific research or literary and artistic creation;
  

g) to submit an annual declaration of wealth and a declaration of interests, in compliance with the legislation in force.
  

(6) the National Council for supervision in the field of railway and deliberates and decides the quorum of at least 3 members, one of whom shall be the President or his designated representative. Members of the National Council for Supervision in the field of railway and withdraw from decision-making in cases involving a company with which they had direct or indirect release the previous year's proceedings.
  

(7) the decisions of the National Council for supervision in the field of Rail shall be adopted by a majority of votes of the members present. Each Member shall have one vote. In case of parity of votes, the vote of the Chairman shall prevail solution or, where appropriate, of the representative that replaces it.
  

(8) the term of Office of a member of the National Council for Supervision in the field of Railway ceases on expiry of);
  

b) resignation;
  

c) death;
  

Cancel), as mentioned in paragraph. (9) (9) the revocation of a member of the National Council for Supervision in the field of Rail shall be by order of the President of the competition Council in the following cases: a) impossibility to fulfill the mandate of more than 120 consecutive calendar days in a range of 140 days;
  

b) criminal conviction by final judgment, for which there has been no rehabilitation;
  

c) failure to submit 15 days out of State of incompatibility, as referred to in paragraph 1. (10);
  

(d)) at a legal conflict of interest within the meaning of paragraph 1. (11) and (10) any Member who at the time of appointment or during the term of Office is located in one of the situations referred to in paragraph incompatibility. (5) (a). b)-f) has at its disposal a period not exceeding 15 days out of State of incompatibility. In the event of failure to comply with this term, the term of Office of the person in that situation ceases to be named a fellow Member.
  

(11) by conflict of interest means the situation where the person exercising the function of a member of the National Council for Supervision in the field of railway and has a personal interest of the heritage nature or interest resulting from the quality of the representative of the State in the bodies of the railway infrastructure manager from Romania and/or carriers of cargo travel times that could influence the performance of the duties with objectivity.
  

(12) members of the National Council for Supervision in the field of Rail cannot hold any position or professional responsibility within the operators or of regulated entities for at least one year after completion of their term of Office.
  

(13) the order of revocation of the members of the National Council for Supervision in the field of Rail can be challenged in administrative courts, according to the law, within 30 days from the date of bringing the knowledge of the person have been revoked.
  

(14) in the case of vacantării a place in the composition of the National Council for Supervision in the field of Rail for one of the situations referred to in paragraph 1. (8) (a). b)-d) will proceed in accordance with paragraph 1. (3) the appointment of a new Member for the remaining period of the mandate, as it became vacant. Members of the National Council for Supervision in the field of Railway whose mandates have lapsed shall remain in Office until the appointment of their successors.
  


(15) for the work of National Council members made de Rail supervisors are entitled to a monthly allowance, determined by order of the President of the competition Council, which may not exceed 20% of the monthly allowance of the President of the competition Council.
  

(16) within the competition Council works towards the railway, which provides surveillance device necessary technical activities of the National Council of supervisors in the field.
  

(17) the expenditure for the activity of the National Council for Supervision in the field of Railway budget will be covered by the competition Council.
  


Article 56 Powers national Supervisors in the field of rail (1) the National Council for supervision in the field of Railway Act without prejudice to the powers of the competition Council to apply the provisions of the law on competition no. 21/1996, republished, in the field of rail transport.
  

(2) without prejudice to the time limit laid down in article 21. 46 para. (6) the National Council for supervision in the field of railway and analyzes and to pronounce a decision regarding the complaint made by an applicant who believes that he has been unfairly treated, discriminated against or wronged in any way, in particular by the decisions adopted by the infrastructure manager or where appropriate, by the railway operator or by the operator of a service infrastructure with regard : a) document network statement of provisional and final versions of it;
  

(b) the criteria set out in the document) network statement;
  

c) procedure for assignment and its result;
  

d) the charging scheme;
  

e) level or structure of infrastructure fees which it is, or may be, required to pay;
  

(f) measures relating to access) in accordance with the provisions of art. 10-13;
  

g) access to services and pricing, in accordance with the provisions of art. 13. (3) where a complaint are formulated against a refusal to grant infrastructure capacity, or against the terms of an offer of capacity, the National Council for supervision in the field of railway and will review the appeal and either confirm that no modification of the infrastructure manager's decision, either require modification of that decision.
  

(4) in the context of the analysis of complaints, the National Council for supervision in the field of Rail has the following duties: a) require information and/or documents and to initiate consultations with the parties concerned, and with any other public or private entity that can provide information relevant to the analysis of the complaint, within 30 days of receipt of the complaint;
  

(b)) to make a decision within 40 days of receipt of all the information and/or necessary documents analysis and communicate its reasoned decision to the parties;
  

c) to impose the measures to provide remedy, where it is found that the applicant was unfairly treated, discriminated against or wronged in relation to one or more of the elements referred to in paragraph 1. (2) and (5) The request submitted by the competent authorities or by operators of rail, the National Council for supervision in the field of the railway must establish, by decision if the principal purpose of the service provided is to carry passengers between stations located in different Member States.
  

In this connection, the National Council for supervision in the field of Rail will draft a regulation for the main purpose of the tests and trials of economic balance, in accordance with EU Regulation No. 869/2009 of 11 august 2014 regarding new rail services for passengers. This regulation will be published in the Official Gazette of Romania, part I, by order of the President of the Council and on the website of the National Council of supervisors in the field.

(6) Without prejudice to the powers of the competition Council from Romania relating to the provisions of law No. 21/1996, republished, to ensure competition in the rail services markets, the National Council for supervision in the field of Rail shall be: (a) to monitor the competition situation) on the rail services markets and, in particular, to control the aspects referred to in paragraphs 1 and 2. (2) in order to prevent discrimination against some applicants;
  

b) verify, in particular, whether the document network statement contains discriminatory clauses or discretionary powers to create the infrastructure manager, which could be used for discrimination of some applicants.
  

(7) in the performance of duties referred to in paragraph 1. (6) the National Council for supervision in the field of Rail may, by decision, impose measures to provide remedy the situation.
  

(8) for the performance of its duties, the National Council for supervision in the field of Rail has the power to request information and/or documents that are relevant to the infrastructure manager and railway operator from Romania. The requested information shall be provided within a reasonable period which shall be fixed by the National Council for supervision in the field of Rail and not exceeding 30 days. In exceptional circumstances, the National Council for supervision in the field of Rail agrees and authorizes an extension of the time limit, which may not exceed two weeks. Information and/or documentation to be supplied to him shall comprise all the information required in accordance with paragraph 1. (4) (a). These include a). data necessary for statistical purposes and market observation.
  

(9) National Board of supervisors shall cooperate closely in the field of Railway safety with Romanian Railway Authority, within the meaning of the governmental decision nr. 877/2010 concerning the interoperability of the rail system, with subsequent amendments, as well as OLFR, for the purposes of this Act.
  

These authorities shall develop a joint framework for the exchange of intelligence and cooperation aimed at preventing adverse effects on competition or the safety of the railway market.
This framework includes a mechanism by which the National Council of supervisors in the field can provide Rail safety the railway Authority Romanian and OLFR recommendations on matters that could affect competition in the market of railway and Railway Safety Authority may provide the Romanian National Council for Supervision in the field of Railway and OLFR recommendations on matters that could affect the safety of the railway market.
Without prejudice to the independence of any of the above authorities within their powers, the relevant authority shall consider any such recommendation before adopting its decisions.
If the authority concerned deviates from this recommendation, it will justify the reasons within the decisions which it adopts.

(10) the National Council for supervision in the field of railway and consult regularly at least once every 2 years by representatives of the users of transport services of goods and passengers by rail so as to take account of their views relating to railway square.
  

(11) the National Council for supervision in the field of Rail shall ensure that charges set by the infrastructure manager comply with the provisions of cap. IV section 2 and are non-discriminatory. Negotiations between the applicants and the infrastructure manager with respect to the level of charges for use of infrastructure are permitted only if they are held under the supervision of the National Council for Supervision in the field of Railway, under the conditions laid down in article 21. 31 para. (2) the national supervisory Council in the field of railway and intervenes if negotiations are likely to contravene the requirements of this chapter.
  

(12) the National Council for supervision in the field of Rail has the power to audit or external audits to initiate infrastructure manager, infrastructure operators and, where relevant, rail operators, to check compliance with the provisions of accounting separation. 6. In this connection, the National Council for supervision in the field of Rail has the right to ask for any information and/or relevant documents. In particular, the National Council for supervision in the field of Rail has the power to require the infrastructure manager, infrastructure operators and service to all persons or entities times integrates various types of rail transport or infrastructure management activities, as stated in article 11. 6 and 13, to provide all or part of the accounting information referred to in the annex. VIII. (13) Without prejudice to the powers of the competition Council, the National Council for supervision in the field of Rail can also draw conclusions concerning State aid, which it shall forward to the Council.
  


(14) In order to carry out its duties laid down by law, the National Council for supervision in the field of Rail will be able to exercise the powers of inspection provided for in law No. 21/1996, republished.
  

(15) the powers of the National Council for supervision in the field of rail and of its technical apparatus will be in the rules of the Organization, functioning and procedure adopted by the competition Council. In exercising the functions of the National Council of supervisors in the field will be developed Rail regulations and instructions, which are to be implemented by order of the President of the competition Council.
  

(16) the National Council for supervision in the field of Rail must maintain sufficient organizational capacity in terms of human and material resources, in proportion to the importance of the railway sector from Romania. This ability will be properly sized and fitted within the annual budget approved of the competition Council.
  

(17) the National Council for supervision in the sphere of draws up and publishes the annual Railway, on its website, the report on the work carried out.
  


Article 57 Challenging decisions and measures ordered (1) Decisions of the National Council for supervision in the field of Rail shall be binding on all parties concerned. The decisions of the National Council for supervision in the field of Rail shall be communicated to the parties concerned and will be published on its website. The publication will take account of the legitimate interests of the undertakings concerned, so business secrecy may not be disclosed.
  

(2) the decisions of the National Council for supervision in the field of Rail can be challenged in the administrative court at the Bucharest Court of appeal within 30 days of receipt.
  

The Court may order, upon request, suspension of execution of the contested decision, in accordance with the law. In the case of fines, suspension of payment has provided a security established in accordance with the provisions of law No. 207/2015 concerning the fiscal procedure code, as amended and supplemented, as regards budgetary claims.

(3) reports of findings and the application of sanctions in accordance with the provisions of art. 61 para. (5) can be appealed to the District Court sector 1 Bucharest, within 15 days of receipt. Judgment of the Court of appeal may attack at the Bucharest Court-Administrative Department within 15 days of the notice.
  


Article 58 cooperation with regulatory bodies in the Member States (1) the National Council for supervision in the field of railway and exchange information with supervisory bodies in the other Member States with regard to their work, in their decision-making principles and practices and in particular with regard to the main aspects of their procedures and problems of interpretation of the laws of the European Union in the field of rail.
  

The National Council for supervision in the field of Rail has been collaborating with regulatory bodies of other Member States, and in other respects for the purpose of coordinating their decision-making within the European Union/European Economic area. To this end, the National Council for supervision in the field of railway and participates and collaborates within the framework of a network which meets periodically.

(2) the National Council for supervision in the field of Rail represents Romania in the relationship with the European Commission regarding cooperation with other regulatory bodies in the field of rail.
  

(3) the National Council for supervision in the field of Rail has been collaborating with regulatory bodies in Member States, including on the basis of working arrangements, in order to grant each other assistance in market monitoring tasks in dealing with complaints and conducting investigations.
  

(4) in the case of a complaint or of an investigation on its own initiative on the topic of access or the charge in the case of an international train paths, as well as the monitoring of competition on the market in connection with international carriage by rail, the National Council for supervision in the field of railway and consult the regulatory bodies of other Member States through which the European Commission and draw If necessary, and calls from them all the necessary information to take a decision previously.
  

(5) the National Council for supervision in the field of railway and consulted in accordance with paragraph 1. (4), provides all the information on who is entitled to require under domestic legislation. This information may be used solely for the purpose of assessing a complaint or the conduct of the investigations.
  

(6) the National Council for supervision in the field of Railway will put at the disposal of another regulatory body, located in the territory of a State by passing trace relevant information, because it can take measures with respect to the parties involved.
  

7. the infrastructure manager shall be required to make available to the National Council for Supervision in the field of railway and within the prescribed period, all the information required to investigate the complaint or the conduct of the investigation referred to in paragraph 1. 4. (8) the National Council for Supervision in the field of European Rail invites the Commission to participate in the activities referred to in paragraph 1. (3) to (7) in order to facilitate the cooperation of regulatory bodies in the Member States.
  

(9) the National Council for supervision in the field of Rail has been collaborating with regulatory bodies of other Member States for the elaboration of common principles and practices for making decisions on which it is authorized to take under this Act and on the basis of his experience and participation in the activities of the network referred to in paragraph 1. 1. (10) the National Council for supervision in the field of Railway administrators associations examines decisions of infrastructure the infrastructure manager from Romania, referred to in art. 37 and article. 40 para. (1) who have or may have an incidence on the Romanian territory.
  


Implementing measures article 59 (1) Ministry of transportation or the National Council for supervision in the field of Rail may request the European Commission examination of the specific measures adopted by Governments on the implementation of the directive relating to the conditions of access to infrastructure and rail services, the licensing of railway undertakings, infrastructure charging and capacity allocation, within 12 months of the adoption of those measures.
  

(2) for the purposes of paragraph 1. (1) Ministry of transport and/or the National Council for supervision in the field of Rail shall appoint at least one representative in the Committee set up to assist 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 by laying down rules and general principles concerning mechanisms for control by Member States of the exercise of enforcement powers by the Commission.
  


Section 6 Liability, offences and fines article 60 Responsibility cominatorii the violation of this law may attract civil liability, contravention or, where appropriate, criminal law.


Offences and penalties article 61 (1) constitutes contravention and shall be sanctioned with fines ranging from 0.1% to 0.4% of the total turnover of the undertaking concerned in the preceding financial year were penalized as follows: non-compliance with the measures imposed by) the National Council for supervision in the field of Rail through a decision taken, under the present law;
  

b) failure by the infrastructure manager of the obligation to publish the document network statement in accordance with the provisions of art. 27(2). (4) at least 4 months before the deadline for placing requests for infrastructure capacity;
  

c) failure by the infrastructure manager has the obligation to make public at least 4 months before the date of publication of the document network statement, the intention of amending the essential elements of the charging system referred to in article 1. 32 para. (1) and (2) are subject to and shall be sanctioned with a fine of 10,000 lei at 20,000 lei, as well as to the exclusion of the applicant from the following procedure for the allocation, transfer, i.e. the trading of infrastructure capacity which have been allocated under the present law.
  

(3) is subject to and is sanctioned with a fine of from 0.04% to 0.1% of the total turnover of the undertaking concerned in the preceding financial year sanction the following facts: a) the provision of information is incomplete or inaccurate, misleading or incomplete documents times not providing requested information and documents under the provisions of art. 56 para. (4) (a). paragraph 1 of). (8) and (12);
  

b) obstructing the inspection carried out in accordance with the provisions of art. 56 para. (14) (4) Finding contraventions and penalties referred to in paragraph 1. (1), (2) and (3) (a). a) are carried out by the National Council for supervision in the field of Railway, via decision.
  


(5) the finding of violations and penalties referred to in paragraph 1. (3) (a). b) are made through the report drawn up by the competent personnel with powers of inspection, by order of the President of the competition Council.
  

(6) the Individualization of sanctions applicable for the National Council for supervision in the field of Railway under the provisions of paragraph 1. (4) shall be made taking into account the gravity and duration of the Act, in accordance with the directions adopted for this purpose by the National Council for supervision in the field of Railway and approved by order of the President of the competition Council. Amounts derived from fines imposed by the National Council for supervision in the field of Rail to make income from the State budget, in accordance with the law.
  

(7) the provisions referred to in paragraph 1. (3) (a). b) shall be supplemented with the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented, except the provisions of article 7. 5, 8, 28, 29, 32 and 34.
  


Article 62 cominatorii National Council for Fines Supervision in the field of Rail may require, by decision, undertakings to pay fines amounting to cominatorii, up to 3% of the average daily turnover since the previous financial sanction for each day of delay, calculated from the date appointed by the decision, in order to determine: a) to comply with the measures ordered by decision of the National Council for supervision in the field of Railway in its fulfilment;
  

b) furnish fully and correctly the information and/or documents that have been requested under the provisions of art. 56 para. (4) (a). paragraph 1 of). (8) and (12); in the event that assistance information and/or documents requested persists even after a new time limit for response fixed by the National Council for supervision in the field of Railway;
  

c) to submit to the inspection carried out for the performance of the National Council for Supervision in the field of rail.
  


Chapter V transitional and final Provisions Article 63 Rules on public procurement provisions of this law shall be without prejudice to the provisions of law No. 99/2016 sectoral procurement, which transposes Directive rules of 2014/25/EU of the European Parliament and of the Council of 26 February 2009 on purchases made by entities operating in the water, energy, transport and postal services.


Article 64 other provisions (1) the National Council for supervision in the field of Railway, receiving access to documents, data and information obtained under the provisions of art. 11(2). (2), art. 56 para. (4) (a). paragraph 1 of). (8), (12) and art. 58, is held by the strict observance of State secret or secret service assigned to those legal documents, data and information, in accordance with the regulations in force.
  

(2) in carrying out duties as provided by law, the National Council for supervision in the field of Rail will be able to use, in accordance with the law, the information and documents collected by other authorities and public institutions in the conduct of their specific activities.
  

(3) the information collected under the provisions of art. 56 para. (14) can only be used for the purposes of this Act.
  


Article 65 transitional provisions (1) contract activity of the infrastructure manager; 30 paragraph 2. (2) in force at the date of approval of this law in accordance with the provisions of art. 4 of the Government Ordinance. 89/2003 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure, with subsequent amendments and additions, changes, beginning in 2017, in order to ensure compliance with contractual provisions the provisions of this law.
  

(2) decisions of the Government. 9, art. 25 para. (1) and art. 39 in paragraph 1. (1) for the purposes of implementing the provisions of this law shall be approved within six months of the entry into force of this law.
  

(3) the Minister shall issue the order Ministry of transportation referred to in art. 2 (2). (6) within 6 months after the entry into force of this law.
  

(4) the competition Council shall issue orders under article 4. 56 para. (5) and (15) within 6 months after the entry into force of this law.
  

(5) within 3 months of the entry into force of this law, the Ministry of transportation will modify and complete, in accordance with the provisions of this law, the Government Decree nr. 581/1998 on the establishment of the National Railway Company "C.F.R."-S.A. by reorganizing the national society of Romanian Railways, as amended and supplemented, Government decision No. 1.476/2009 laying down measures to ensure the application of Regulation (EC) No 1782/2003. 1.371/2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of passengers from rail, as amended and supplemented, and Government Decree No. 1.696/2006 approving allocation of railway infrastructure capacity.
  


Article 66 Repeals as at the date of entry into force of this law shall be repealed: a) Ordinance No. 89/2003 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure, as published in the Official Gazette of Romania, part I, no. 623 of 31 august 2003, approved with amendments and completions by law No. 8/2004, as amended and supplemented;
  

b) (2) of article 29 of law No. 55/2006 railway safety, published in the Official Gazette of Romania, part I, no. 322 of 10 April 2006, with subsequent amendments and additions.
  


Final provisions article 67 (1) whenever in a special law or another normative act formerly referred to in Order No. 89/2003 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure, approved with amendments and completions by law No. 8/2004, as amended and supplemented, the reference is made to the relevant provisions of this law.
  

(2) for the purposes of this Act, the National Board of supervisors approves Rail regulations and instructions, published in the Official Gazette of Romania, part I, and which are implemented by order of the President of the competition Council, in compliance with the legal provisions in force.
  

(3) appendices. I-VIII form 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 on the establishment of the single european rail space, published in the official journal of the European Union L series, no. 343 14 December 2012.
This law was adopted in the Romanian Parliament, in compliance with the provisions of art. 75 and of art. 76 para. (2) of the Constitution of Romania, republished.
PRESIDENT of the CHAMBER of DEPUTIES SENATE PRESIDENT ILAISA CĂLIN CONSTANTIN ANTON POPESCU-TĂRICEANU-Bucharest, November 4, 2016.
No. 202.


Annex I list of rail infrastructure railway infrastructure consists of the following, provided they form part of the rail network, including the lines of service, but excluding lines situated within workshops for repair of railway infrastructure elements, depots or locomotive in Nicolae juravschi and private sidings:-land;
-tracks and embankments, in particular embankments, debleuri, drains and gullies, ditches, drains, culverts, retaining walls, slope protection and path, etc.; passenger platforms and ramps for goods, including passenger stations and freight terminals; verges and roads; enclosure walls, hedges, railings and fences; fire protection strips; Cross points; Snow protection screens etc.;
-construction: bridges, culverts and other overpasses, tunnels, excavation and other underpasses; supportive walls and structures for protection against avalanches, falling rocks etc.;
-crossings, including facilities designed to ensure the safety of road traffic;
-superstructure, especially Rails, Rails with ditch and contraşine; sleepers and longitudinal ties, small material assembling line, ballast, including gravel and sand; turnouts, cross points, heating devices, switches, etc.; cast plates and car carriers, less those reserved exclusively for locomotives;
-access routes for passengers and cargo, including access roads and access for pedestrians coming and going on foot;
-plant safety, signalling and telecommunications lines, from stations and in marshalling yards, including plant from production, processing and distribution of the electric current for signalling and telecommunications; buildings affected to these installations or devices; track brakes;
-lighting for traffic and safety;

-plant transformation and transport of electric power for traction of trains; substations, power cables between the substations and contact wires, catenaries and supports with catenary suspension;
-buildings used by the infrastructure Department, including those used by some of the installations for the collection of taxes.


Annex II services which should be provided by rail operators (referred to by article 13) 1. Minimum access package shall comprise: a) for treatment of applications of railway infrastructure capacities;
  

b) right to use the infrastructure capacity;
  

c) railway infrastructure, including switches and joints;
  

d) directing traffic by rail, including signalling, regulation, dispatching and the communication, as well as providing information regarding trains;
  

(e) the use of power equipment) for the traction, where available;
  

f) all other information needed to allow the operation of the services or for which they were awarded infrastructure capacity.
  

2. Are granted access, including access by rail, in the following infrastructure services, where they exist, and to the services provided under these infrastructures: a) passenger stations, their buildings and other facilities, including the display of information about travel and location suitable for issuing tickets;
  

b cargo terminal);
  

c) triage stations and training infrastructures of trains, including infrastructure for maneuver;
  

d) stabling tracks;
  

e maintenance, infrastructure) excluding maintenance capital infrastructure dedicated to high-speed trains and other rolling stock that requires specific facilities;
  

f) other infrastructure including technical installations cleaning and washing;
  

g) maritime and inland port infrastructures related to railway activities;
  

h) infrastructures;
  

I) fuel supply infrastructure and the supply of fuel in such facilities, charges must appear separately on invoices.
  

3. Additional services may include: a) for traction current; the corresponding charges must appear on separate invoices for charges for the use of electrical supply equipment, without prejudice to the application of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC transposed into national law by the law of electric power and gas, no. 123/2012, with subsequent amendments and additions;
  

b pre-heating of passenger trains);
  

c) specific contracts:-control of transport of dangerous goods;
-assistance in operating the train service.
4. Ancillary services may contain: a) access to telecommunications networks;
  

(b) providing additional information);
  

c) technical inspection of rolling stock: d) services for passenger tickets in railway stations;
  

e capital maintenance) services supplied in the framework of infrastructure dedicated to high-speed trains and other rolling stock that requires specific facilities.
  


Annex III FINANCIAL CAPACITY (article 20) the information to be provided by undertakings requesting a license for railway transport, in accordance with the provisions of art. 20, covers the following aspects: a) available financial resources, including the bank balance, provision for discoveries account and loans;
  

b) funds and assets available by way of a guarantee;
  

c) working capital;
  

d) relevant costs, acquisition costs of vehicles, land, buildings, installations and rolling stock;
  

e) imposed duties on assets of an undertaking;
  

f) taxes and social contributions;
  

g) level of arrears payment of taxes and social contributions.
  


Annex IV of document CONTENT network statement (referred to in article 27) Document network statement referred to in article 1. 27, must contain the following information: 1. a chapter setting out the nature of the available infrastructure for rail transport operators and conditions of access to it. The information in this section must be brought into line with the records of annual railway infrastructure shall be published in accordance with the provisions of art. 32 from Government decision nr. 877/2010 concerning the interoperability of the rail system, and its subsequent amendments, or make reference to them;
2. a chapter relating to the charging principles and tariffs. It contains sufficient details on the charging system and sufficient information on tariffs, as well as other relevant information relating to access, which applies to services listed in the annex. , Provided by a single supplier. Detailing the methodology, rules and, where applicable, scales used for the application. 31-36, both fees and costs. Contains information on the changes to the tariff already established or planned in the next five years, if available.
Enterprises who manage railway infrastructures leased, according to law, shall transmit the information specified in the previous paragraph for inclusion in the network statement, or a website where this information is available free of charge in electronic format;
3. a chapter on principles and criteria for the allocation of infrastructure capacity. It sets the General characteristics of the available infrastructure capacity for rail carriers and any restrictions in relation to its use, including the likely conditions for maintenance of infrastructure capacity. It also specifies the procedures and deadlines in connection with the allocation of infrastructure capacity. Contains special criteria used during the process, in particular: a) the procedures according to which applicants may require infrastructure capacity from the infrastructure manager;
  

b) conditions that must be fulfilled by applicants;
  

c) planning processes for the submission of applications and allocation, as well as procedures to be followed for requests for information relating to scheduling and planning procedures of some scheduled maintenance or unexpected;
  

d) the principles governing the coordination procedure and dispute resolution system is available as part of this procedure;
  

e) procedures to be followed and criteria used where infrastructure is congested;
  

f) details of the restrictions imposed on the use of infrastructure;
  

g) conditions by which take account of previous levels of utilisation of infrastructure capacity in determining priorities for the allocation process.
  

Describes detailed measures taken to ensure adequate treatment of freight services, international services and requests subject to last-minute proceedings. Contains a standard form for requests for infrastructure capacity allocation. The infrastructure manager must also publish detailed information on the procedures for the allocation of train paths;
4. a chapter concerning information about the license referred to in art. 25 of this Act and the railway safety certificates issued in accordance with the provisions of law No. 55/2006 railway safety, as amended and supplemented, or showing a website where this information is available free of charge in electronic format;
5. a chapter concerning information about dispute resolution procedures and the introduction of the right of appeal on questions relating to access to the railway infrastructure and services, as well as performance improvement system referred to in article 1. 35;
6. a chapter concerning information about access to infrastructure services listed in the annex. And about their pricing. The operators of infrastructures which are not under the control of the infrastructure manager provides information about the rates for access to facilities and for the provision of services, as well as technical requirements for inclusion in the network statement or point to a website where this information is available free of charge in electronic format;
7. a model agreement for the conclusion of framework agreements between the infrastructure manager and an applicant, in accordance with the provisions of art. 42. Annex V PRINCIPLES and basic parameters of contract activity between the Ministry of transportation and infrastructure (referred to in article 30) contract activity, detailing the provisions of articles. 30 and includes at least the following elements:

1. the scope of the contract in terms of infrastructure and services infrastructures, which is defined by considering the structure of the services set out in the annex. II. It is aimed at all aspects of the management of the infrastructure, including the maintenance and renewal of infrastructure already in use. Where appropriate, it may also include the construction of new infrastructures;
2. payout structure or allocated funds for infrastructure services listed in the annex. Renewal, maintenance, and treatment of arrears of maintenance and renewal. If necessary, you can include and payout structure or new infrastructure funds;
3. performance objectives focus on the user, in the form of indicators and criteria covering quality items such as: a) railway performance such as in terms of line speed, reliability and customer satisfaction;
  

b) network capacity;
  

c) asset management;
  

d) volumes;
  

e) levels of safety;
  

f) environmental protection;
  

4. the amount of the possible drawbacks in the work of maintenance and assets to be removed from use and which therefore determines the financial flows;
5. the incentives provided for in articles. 30 paragraph 2. (1) with the exception of those implemented through regulatory measures in accordance with the provisions of art. 30 paragraph 2. (3);
6. minimum reporting obligations of the infrastructure manager, in terms of content and frequency of the reports, including the information to be published annually;
7. duration of the agreement, agreed that will be synchronized and will correspond to the duration of the business plan, and the tariff rules laid down and the State;
8. rules for an approach to major disruptions of operations and emergency situations, including emergencies and early termination of the contract, as well as the information of the user;
9. the remedial measures, to be taken in the event that either party is in breach of its contractual obligations or in exceptional situations that affect the availability of public funding. These include the conditions and procedures for renegotiation and termination early.


The applicable REQUIREMENTS of annex VI of the costs and charges incurred in connection with the railway infrastructure [referred to in article 32 para. (1) and art. 35] 1. The elements of the pair that should be considered by the infrastructure manager in the event that you define a list of market segments in order to introduce increases in tariff system in accordance with the provisions of art. 32 para. (1) shall include at least the following: a passenger/cargo services);
  

b) trains carrying dangerous goods/other commodities;
  

(c) international/domestic services);
  

d) combined transport/direct trains;
  

e) urban passenger transport services times regional/Intercity;
  

f) complete trains/wagons isolated;
  

g) rail services regular/occasional.
  

2. System for improved performance; 35 must focus on the following key principles: a) to achieve a level of performance and agreed to not endanger the economic viability of a service, the infrastructure manager agrees with the applicants on the parameters of system improvement in performance, particularly on the amount of delays, limits on the payments due under the system for improved performance, both in terms of individual races and the totality of a racing rail-transport operator in a given period;
  

b) infrastructure manager shall notify the operators of rail traffic chart which calculate delays, at least 5 days before the race. The infrastructure manager may affix a notice period in the event of force majeure or late schedule changes of movement;
  

c) all delays fall within one of the following classes and subclasses of delay: 1. causes related to the planning, management/operation attributable to the infrastructure manager: 1.1. elaboration of the working timetable;
1.2. the train formation;
1.3. mistakes in the procedure of operations;
1.4. the erroneous application of the rules of priority;
1.5. the staff;
1.6. other causes;
2. causes related to infrastructure facilities, attributable to the infrastructure manager: 2.1. the signalling installations;
2.2. installation of signs at intersections;
1.4. telecommunications equipment;
2.4. equipment of power supply;
2.5.;
2.6. structures;
2.7. personnel;
2.8. other causes;
3. civil engineering-related causes, attributable to the infrastructure manager: 3.1. the planned construction works;
3.2. irregularities in the execution of construction works;
3.3. speed restrictions due to faulty lines;
3.4. other causes;
4. other causes attributable to the infrastructure managers: 4.1. caused by the infrastructure manager;
4.2. due to the infrastructure manager;
5. commercial cases attributable to rail operator: 5.1. overcoming time stop;
3.2. application of the rail operator;
3.3. loading operations;
3.4. load irregularities;
5.5. preparation of the train;
5.6. the staff;
3.5. other causes;
6. rolling stock of railway operator responsible for: 6.1. tourism planning/reorganization of tourism;
6.2. operator training train by rail;
6.3. trouble at the rail passenger transport;
6.4. trouble at the rail freight transport;
6.5. issues affecting wagons, locomotives and automotoarele;
6.6. staff;
4.2. other causes;
7. other causes attributable to rail operators: 7.1. caused by the following rail operator;
7.2. due to rail transport operator;
8. external causes not attributable to the administrator, no infrastructure, no rail operator: 8.1. strike;
8.2. administrative formalities;
5.2. external influence;
5.2. effects of weather and natural causes;
5.3. delay due to reasons outside the network;
5.3. other causes;
9. causes not attributable to the administrator, no infrastructure, no rail operator: 9.1. hazardous incidents, accidents and hazards;
5.7. occupation of the line due to the delay of the same train;
5.8. line occupation due to delay another train;
9.4. return;
9.5. connections;
9.6. additional investigation required;

d) whenever possible, delays shall be charged a single organizations, taking into account both the responsibility for causing disruption, as well as the ability to restore normal traffic conditions;
  

e to calculate payments) account shall be taken of the average delay to rail services for similar requirements of punctuality;
  

f) infrastructure manager, railway operators communicate a calculation of payments due under the system of improvement in performance, as soon as possible. This calculation must include all flights delayed out of a period not exceeding 30 days;
  

g) without prejudice to the existing rights of appeal and to the provisions laid down in articles. 56, in the case of disputes in connection with improvement in performance, it provides a system for the settlement of disputes to quickly resolve such situations. This system of settlement of disputes must be impartial towards the parties involved. If this system is applied, a decision must be taken within a period of 10 working days;
  

h) once a year, the infrastructure manager shall publish the annual average level of performance of services carried out by railway operators on the basis of main parameters agreed in the system to improve performance.
  


Annex VII ALLOCATION PROCESS CALENDAR (referred to in article 43) 1. The chart is fixed once a year.
2. change of working timetable shall take place at midnight on the second Saturday in December. Where a change or adjustment is made after the passage of winter, in particular to take account, where appropriate, of changes in timetables of train travel, this regional will take place at midnight on the second Saturday in June, and if necessary, at other times between these dates. The infrastructure manager may set different dates and shall inform the European Commission if international traffic may be disrupted.
3. Deadline for receipt of requests for infrastructure capacity which must be included in the chart movement may not exceed 12 months before entry into force of the working timetable.
4. Not more than 12 months before the entry into force of the working timetable, the infrastructure manager shall, in collaboration with other infrastructure managers involved, ensure that international train paths have been established. The infrastructure manager shall as far as possible, the decortication drawn during the subsequent provisional procedures.
5. No later than four months from the deadline for submission of tenders by the applicants, the infrastructure manager shall prepare a draft timetable for the movement.



Annex VIII ACCOUNTING INFORMATION to be transmitted on request of the National Council for supervision in the field of Railway [referred to in article 56 para. (12)] 1. Accounting separation: a) the profit and loss accounts and balance sheets, separate accounts for the activities of the administration of freight transport, passenger transport and infrastructure;
  

b) detailed information about individual sources, uses public funds and other forms of compensation, in a detailed and transparent manner, including including a detailed cash flow of economic agents, to determine how those funds were spent on public or other forms of compensation;
  

c) categories of costs and profits, allowing to determine if there have been cross-subsidies between these different activities, as required by the National Council for Supervision in the field of Railway;
  

d) the methodology used to apportion the costs between different activities;
  

(e)) where the regulated undertaking belongs to a group, full details of the payments between rail transport operators.
  

2. monitoring of charges for access to the railway: a) the various categories of costs, in particular presenting sufficient information about the marginal costs of different services/direct or groups of services, to allow monitoring of infrastructure fees;
  

b) sufficient information to enable the monitoring of individual charges paid for the service or group of services; at the request of the National Council for Supervision in the field of Railway, this information must include data on individual services, volumes at prices of individual services and the total income of the individual services paid for 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 National Council for Supervision in the field of Railway, by which to identify potentially anticompetitive prices for cross-subsidies, predatory pricing and excessive prices.
  

3. An indication of the financial performance: a) a statement of financial performance;
  

(b) a summary statement of) expenditures;
  

c) a statement of expenditure for maintenance;
  

(d) a statement of expenditure);
  

(e) a statement of income);
  

f) supporting notes developers and explains the statements, as appropriate.
  

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