Law 39/2003, of 17 November, of the Railway Sector, regulates in Title II the railway infrastructures, in Title III the provision of the additional, complementary and auxiliary railway services, in the Title IV the rail transport, in Title VI of the Railway Administration and the Railway Regulation Committee and in Title VII of the inspection regime.

In order to develop the regulation mentioned in the previous paragraph, and under the provisions of the final provision of the Law of the Railway Sector that enables the Government to dictate the precise provisions for the Development and compliance with the Law, it is approved, through the present Royal Decree, the Regulations of the Railway Sector.

The Regulation is structured in a Preliminary Title, which sets out its object, and six Titles regulating, respectively, the railway infrastructure, the additional, complementary and ancillary services, the services of rail transport, inspection services, the Special Rail Register and the Railway Regulation Committee.

Title I, on the railway infrastructure, is divided, in turn, into seven Chapters that collect all the aspects relating to the planning, the project and the construction, the limitations to the property, the the management of railway infrastructure, the access to them, the regime of the existing railway infrastructure in ports and airports of general interest and that of private ownership. Each of these Chapters, in turn, is subdivided into Sections and, in some cases, they do so in Subsections.

Title II regulates the legal regime applicable to additional, complementary and ancillary services.

Title III, on rail transport services, comprises six Chapters governing the arrangements applicable to railway undertakings and other candidates other than railway undertakings, the provision of transport services rail, whether from passengers, goods or services declared in the public interest, the rights of users, the book of complaints, the safety regime and the investigation of accidents. As in the previous Title, Chapters are divided into Sections and in some cases, they do so in Subsections.

Title IV establishes the management of inspection services.

Title V develops the entire regime applicable to the Special Rail Register.

Finally, Title VI determines the regulation of the Railway Regulation Committee. The four Chapters that make up this Title set out everything relating to the structure, object, functions and personnel of this new organ.

The Railway Sector Regulation also incorporates the official model for the book of claims in its annex.

The regulatory development of the Law of the Railway Sector that performs this Royal Decree will be completed with the norms that, progressively, are dictated in the different areas foreseen in it.

In its virtue, on the proposal of the Minister of Public Works, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the December 2004,

D I S P O N G O:

Single item. Approval of the Railway Sector Regulation.

The Rail Sector Regulation is approved, the text of which is inserted below.

ADDITIONAL PROVISIONS

First. The applicable rules for interoperability.

It will continue to apply as set out in the Royal Decrees 1191/2000 of 23 June, on interoperability of the high-speed rail system, and 646/2003, of 30 May, on interoperability of the system trans-European conventional rail.

Second. Subsidiary application of road legislation in the field of railway police.

In case of legal or regulatory loophole in the field of railway police, state road legislation will be applied, adapting it to the special nature of rail transport.

Third. Designation of the members of the Railway Regulatory Committee.

The Chairman and vowels of the Railway Regulatory Committee will be appointed within two months of the entry into force of this royal decree.

In the first session I held, the Committee will appoint its Secretary.

Fourth. Amendment of the Regulation of the Land Transport Management Act, approved by Royal Decree 1211/1990 of 28 September.

Article 31.1 of the Regulation of the Law on the Management of Land Transports is amended, adopted by Royal Decree 1211/1990 of 28 September, the sixth and eighth points of the second paragraph of which are to be drawn up next way:

" Four representatives of the railway companies, appointed on a joint proposal of RENFE-Operadora, FEVE and the associations of railway companies, and another one more appointed on the proposal of the railway infrastructure. "

" A minimum of five Directors, appointed among members of the Administration, specialized in matters affecting the operation of the transport system. They shall have a voice but no vote. At least two of them will be appointed either on a proposal from the National Transport Conference or, by delegation from the National Transport Conference, from the Commission of Directors-General for Transport of the State and the Autonomous Communities. Another of the designated persons shall be particularly qualified for their knowledge of the railway sector. "

For your part, the eighth and 11th points of the third paragraph of the same paragraph will be worded as follows:

" Four representatives of the railway companies, appointed on a joint proposal of RENFE-Operadora, FEVE and the associations of railway companies, and another one more appointed on the proposal of the railway infrastructure. "

" A minimum of five Directors, appointed among members of the Administration, specialized in matters affecting the operation of the transport system. They shall have a voice but no vote. At least two of them shall be appointed on a proposal from the National Conference of Transport or, by delegation of the National Conference, from the Commission of Directors-General for Transport of the State and the Autonomous Communities. Another of the designated persons shall be particularly qualified for their knowledge of the railway sector.

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Fifth. Modification of the registration in the Land Registry of real estate owned by former railway companies.

The inscriptions of the real estate that appear in the Land Registry in favor of the former concessionary railway companies and that were rescued by the State and handed over to RENFE under the Law of Bases Railway Management of January 24, 1941, will be modified and registered in the name of the Manager of Railway Infrastructures in the case of demanial goods that are of their ownership according to the Law of the Sector Railway.

Sixth. Railway and heritage public domain goods.

1. The real estate of the public domain defined by Article 13 of Law 39/2003, of 17 November, of the Railway Sector, is a rail public domain property.

2. Stations, terminals and other immovable property excluded from the concept of line by the Annex to that Act shall be deemed to be the property of the railway infrastructure manager except those in full. located in areas of public domain and those that are built in the future from the resources of the State or a third party.

Seventh. Translation of goods from RENFE to RENFE-Operator.

1. By Order of the Minister of Public Works and in the terms provided for in the additional provisions first and third of the Law of the Railway Sector, they will be incorporated into the patrimony of RENFE-Operadora, with the nature of property assets, all the RENFE movable and immovable property that is necessary for the provision of the rail transport service and those deemed appropriate to ensure its financial equilibrium.

2. For the purposes of its cadastral regulation and registration, the ministerial order referred to in the preceding paragraph shall be sufficient. Also, RENFE-Operadora may issue, as appropriate, the administrative certifications of the domain provided for in Article 206 of the Mortgage Law, Recast Text approved by the Decree of 8 February 1946, the inmatriculations, modifications or transfers that are necessary for registration in favour of RENFE-Operator in the terms provided for in the fifth additional provision.

Eighth. Continuity of contracts concluded by RENFE.

In application and compliance with the provisions of the first, second and third provisions of the Law of the Railway Sector, the Administration and all the public bodies affected will have to adopt the measures that allow the railway infrastructure manager to comply with the contracts that RENFE has concluded with third parties prior to the entry into force of that Law and, in particular, those which attributed them rights to goods which belonged or were attached to the RENFE itself.

Ninth. Settlement of the State's contributions to RENFE during the period from 1 January 2001 to 31 December 2004.

By Order of the Minister of the Presidency, on a joint proposal of the Economy and Finance and Development, the criteria for the liquidation of the State's contributions to RENFE will be determined during the period covered. between 1 January 2001 and 31 December 2004.

10th. Establishment of the general tariff framework for the provision of additional, complementary and ancillary services.

1. Within three months of the entry into force of this Royal Decree, the Ministry of Public Works will establish, on a proposal from the Railway Infrastructure Manager, a general tariff framework that allows the latter to fix, according to with Article 79 of the Law of the Railway Sector, the fees for the provision of additional, complementary and ancillary services.

2. Since the entry into force of the Law of the Railway Sector and until the general tariff framework referred to in the previous paragraph is applied, the Administrator of Railway Infrastructures may fix, prior to the report of the companies Railway undertakings concerned, provisional tariffs to be communicated to the Ministry of Public Works.

11th. Rates of alcohol application in rail transport.

1. For the purposes of Article 92.3 of the Law on the Rail Sector, the following are established as maximum permitted alcohol rates for the driving of railway transport machines:

Blood alcohol rate: 0.2 grams per liter.

Alcohol rate in expired air: 0.10 milligrams per litre.

2. The fees referred to in the preceding paragraph shall also apply to railway personnel providing services in command posts, centralised traffic control, substations, stations, terminals and any other dependencies and premises where work related to that work is carried out.

12th. Maximum driving times in rail transport.

1. For the purposes of Article 92.3 of the Law on the Rail Sector, the following limits of driving times are laid down for the movement or driving staff in rail transport:

The maximum continuous driving time will be six hours.

The maximum daily driving time will be nine hours.

2. The daily calculation of the driving time shall be carried out for 24-hour periods, irrespective of the time at which the start is made. Also, continuous driving shall be considered to be interrupted when a break of 45 minutes is taken.

3. The provisions of the above paragraphs are without prejudice to the powers of supervision and control of compliance with the work regulations relating to working time allocated to the Labour and Social Security Inspectorate, as well as to the skills in the labour market of the labour authorities of the Autonomous Communities.

4. This provision does not affect the requirements for rail transport contained in Subsection 3 of Section 4 of Chapter II of Royal Decree 1561/1995 of 21 September 1995 on special working days.

13th. Publication in the Official Journal of the State of the resolutions approving or modifying the statement on the network.

The resolutions of the railway infrastructure manager approving, updating or amending the network declaration shall be forwarded to the Director-General of Railways, who shall order their publication in the Official State Gazette.

Fourteenth. Competence in the field of interoperability.

The powers conferred on the Secretary of State for Infrastructure by Royal Decree 1191/2000, on the interoperability of the high-speed rail system, and by Royal Decree 646/2003 on interoperability of the Trans-European conventional system will be assumed, at the entry into force of this Royal Decree, by the Director General of Railways.

TRANSIENT PROVISIONS

First. Provisional regime applicable in the field of security.

1. As long as they are not approved by the Ministry of Development of the Law of the Law of the Railway Sector in terms of safety in the railway traffic, the rules currently applicable will apply in that matter, and in particular, the General Regulation of the Circulation of RENFE, the Specific Rules of Circulation (NEC) applicable to the Madrid-Seville line and the technical and operational requirements of Circulation and Safety corresponding to the Madrid-Zaragoza-Lleida section of the Madrid-Barcelona-Figueras high-speed line, Version 2.

2. The content of the set of rules currently applicable for safety in rail traffic shall be published as an annex to the first declaration on the network approved by the railway infrastructure manager.

Second. Granting security certificates.

As long as the Directorate General of Railways does not assume the function of granting the security certificates which, in accordance with Article 81.1.g) of the Law of the Railway Sector it is up to or created an empowered body for the exercise of that function, the Railway Infrastructure Manager shall grant, in accordance with the provisions of Article 57.4 of the said Act, the safety certificates to railway undertakings.

Third. Collaboration with the Directorate General of Railways.

1. In order for the Directorate General of Railways to have the necessary means for the development of the functions which in the field of safety correspond to it in accordance with the Law of the Railway Sector and its norms of development, thus In order to make it easier for the Directorate-General to comply with the requirements and obligations that may be required by the application of the new Community legislation, the Railway Infrastructure Manager will be obliged to provide the same all the personal, technical and operational collaboration required. This collaboration also extends to the functions related to the drafting of projects and to rail transport.

2. The staff of the railway infrastructure manager who, in accordance with the previous paragraph, carry out technical support and collaboration with the Directorate-General of Railways shall, as the case may be, have specialised in railway safety, draft or rail transport and shall act, in such cases, subject exclusively to the orders and instructions which the Director-General of the Railways shall give to the effect.

Fourth. Provisional regime applicable to the business public entity RENFE-Operator.

1. From the date of entry into force of the Law of the Railway Sector, RENFE-Operadora will be enabled for the provision of services of rail freight having, to this effect, assigned the capacity of infrastructure necessary for the performance of those which the business public entity RENFE is providing at the time. It may also obtain directly from the railway infrastructure manager the infrastructure capacity necessary for the provision of new services until the time when the declaration on the network has been duly approved. According to Article 29 of the Act, RENFE-Operator may request the capacity to be specified.

2. In accordance with the provisions of the third transitional provision of the Law of the Railway Sector, as long as the application of Chapters II and III of Title IV of the Law to the services of railway transport of travellers, RENFE-Operadora will have the right to exploit those that are provided on the Railway Network of General Interest, in the form laid down in Law 16/1987, of 30 July, of Land Transport Management, and in its implementing regulations, in not to oppose the rest of the content of the Rail Sector Law.

When, in accordance with the preceding paragraph, they are applicable to the rail passenger transport, the Chapters referred to above, RENFE-Operator shall retain the right to exploit the network capacity which it then effectively uses and may request that another network capacity be assigned to it, as provided for in the Rail Sector Law and the Rail Sector Regulations.

3. Without prejudice to the rating for the provision of rail transport services to RENFE-Operadora in the preceding paragraphs, that entity shall be in line with the provisions of Title IV of the Railway Sector Law, according to the following deadlines:

Within six months of the entry into force of the Law of the Rail Sector, the business public entity RENFE-Operadora, as a newly created entity, must meet the requirements set out in Article 45 of the The law, except as set out in point 1.a of that article, in respect of the form of a public limited liability company, and to apply for a corresponding licence.

In addition, within one year of the entry into force of the Law of the Rail Sector, you will have to present the documentation that establishes that you have a security management system and that you meet the required requirements the said Law, the Regulations of the Railway Sector and the other standards of development of that, in matters of railway traffic, driving personnel and rolling stock, and request the corresponding safety certificate.

4. According to the provisions of the transitional provision of the Law of the Railway Sector, as long as they do not apply to the rail transport of travellers Chapters II and III of Title IV of the Law of the Railway Sector, RENFE-Operadora (a) the State, by the provision of rail transport services of loss-making travellers, the corresponding subsidies and compensation to be made in the contract-programme to be concluded by the said entity and the administration State General.

Likewise, RENFE-Operadora will be able to perceive the State's transiently, in accordance with the current legislation, in order to adapt its economic and financial structure to the market opening environment in which it will have to develop its activity.

5. The contract-programme shall determine the basic guidelines for the provision of services, the objectives and purposes to be achieved, the amounts to be invested and those to be provided by the State, as well as any other circumstances. relevant.

6. For the purposes of this provision, RENFE-Operadora may subscribe to the competent bodies of the autonomous communities and local entities the agreements, covenants, agreements or contracts it deems appropriate or necessary for the realization of the purposes of the entity.

Fifth. Provision of the rolling stock maintenance service.

1. Since the entry into force of this Royal Decree, the maintenance centres of rolling stock available to the entity RENFE-Operadora will be enabled to continue carrying out the activities that until that date were their own, without The Ministry of Public Works shall be required to comply with the conditions and requirements imposed by the Order in accordance with Article 58 of the Law on the Railway Sector.

2. Also, RENFE-Operator will have to provide other railway undertakings with the maintenance service of the rolling stock, if there is no other alternative offer on the market. Such service shall be provided on a level, transparent and non-discriminatory basis.

Sixth. Common expense imputation criteria.

For the purposes of Article 45 of the Railway Sector Regulation, the railway infrastructure manager, after reporting the General Intervention of the State Administration, shall determine and communicate to the Ministry of Development, within four months of the entry into force of this Royal Decree, the criteria for imputation of the expenses common to the different chapters that make up the total expenditure.

Seventh. Conventions relating to the connection of existing railway infrastructure in the ports of general interest.

Within one year from the entry into force of this Royal Decree, the Railway Infrastructure Manager must sign with the Port Authority of each Port of General Interest, subject to the authorization of the Ministry of Promotion, the corresponding connection agreement referred to in Article 36.3 of the Law of the Railway Sector.

REPEAL PROVISION

Unica. Regulatory repeal.

How many provisions of equal or lower rank are repealed to be opposed to what is established in this Royal Decree.

FINAL PROVISIONS

First. Powers of development.

The Minister of Public Works will, in the field of its competences, dictate the appropriate provisions for the development and implementation of the provisions of this Royal Decree.

Second. Entry into force.

This royal decree will enter into force on the day following its publication in the Official Gazette of the State.

Third. Competitive titles.

This Royal Decree is dictated by the powers that Article 149.1.13., 14. ª, 21. and 24. of the Spanish Constitution attributes to the State.

Given in Madrid, on December 30, 2004.

JOHN CARLOS R.

The Minister of Development,

MAGDALENA ALVAREZ ARZA

RAIL SECTOR REGULATION

PRELIMINARY TITLE

General provisions

Article 1. Object.

This Regulation aims at the development of Law 39/2003, of 17 November, of the Railway Sector, in everything related to the railway infrastructure, to the additional, complementary and auxiliary services, to the rail transport services, the inspection service, the Special Rail Register and the Conditions of Employment of the Railway Regulation Committee.

Article 2. Administrative competencies.

The administrative powers conferred on the Ministry of Public Works in this Regulation shall be exercised by the bodies of the Ministry of Public Works which specifically have them attributed or assigned to them and, failing that, by the Directorate General of Railways.

TITLE 1

Railway infrastructures

CHAPTER I

General provisions

Article 3. Elements that integrate the railway infrastructure.

1. Railway infrastructure means the totality of the elements linked to the main and the service routes and to the branch of diversion for individuals, with the exception of the routes within the repair shops of the rolling stock and the tanks or garages of the rolling stock. Among these elements are the grounds, the stations, the cargo terminals, the civil works, the level steps, the facilities linked to the management and regulation of traffic and security, telecommunications, electrification, signalling of lines, lighting and the processing and transport of electrical energy and its attached buildings.

2. The railway line is the part of the railway infrastructure which links two points of the territory and which is integrated by the following elements: platform of the track, superstructure, such as lanes and plywood, (a) securing material, civil works such as bridges, viaducts and tunnels, and facilities for electrification, signalling and safety and road telecommunications, service paths, and lighting elements.

They are not considered to be included in the concept of line, stations and terminals or other buildings or facilities of attention to the traveler.

3. The elements of the railway line are understood as being grouped on track, railway installations and service paths, which allow access to the railway and railway installations.

The path framework and the track superstructure are distinguished within the path.

The track infrastructure is the set of land and factory works required to build the platform on which the track superstructure is supported. Among the works of land are the embankments, the trenches and the tunnels and, among the works of the factory, the bridges, viaducts, drains and steps at level.

The superstructure of the track is the whole integrated by the rails, the counter-plates, the mischievous or, where appropriate, the plate, the fasteners, the track devices and, where appropriate, the elastic bed formed by the ballast, as well as the other seat layers, on which these elements support.

It is understood by railway installations the devices, the devices and the systems that allow the railway service and the buildings that house them. They are railway installations of electrification, signalling and safety and communications facilities. Among the electrification facilities are the overhead contact line and the substations and the lines of energy connection, between those of signalling and safety, the systems that guarantee safety in the movement of trains, and, between communications, fixed and mobile telecommunications.

4. Railway lines can be high speed or conventional.

For the purposes of this regulation are considered high-speed rail lines:

a) The specially constructed high-speed lines, equipped for speeds, usually equal to or greater than 250 kilometers per hour.

b) specially upgraded high-speed lines equipped for speeds of the order of 200 kilometers per hour.

(c) specially upgraded high-speed lines due to topographical, relief or urban environment difficulties, the speed of which shall be adjusted on a case-by-case basis.

It is conventional rail lines that, being integrated into the General Interest Rail Network, do not meet the characteristics of the high-speed rail lines.

5. In accordance with Article 24 (3) of the Law of the Railway Sector, all lines, land occupied by them and facilities that exist or are fully constructed in the area of public domain are considered to be public domain.

Article 4. The Railway Network of General Interest.

1. The General Interest Rail Network is composed of railway infrastructure which is essential to ensure a common system of rail transport throughout the territory of the State, or whose joint administration is necessary for the proper functioning of such a common transport system, such as those linked to international traffic routes, those linked to the different autonomous communities and their connections and access to the main population and transport or essential facilities for the economy or national defence.

2. The Railway Network of General Interest shall be composed, at the time of the entry into force of the Law of the Railway Sector, of all the railway infrastructures that on that date are being managed by RENFE or whose administration has been entrusted to the Railway Infrastructure Manager or to exercise the corresponding Port Authority in the ports of general interest. Similarly, according to the provisions of the additional provision of the Law, the State-owned Gauge Network and managed by FEVE, will integrate the General Interest Railway Network.

3. The Ministry of Public Works, in accordance with the provisions of Article 4.2 of the Law of the Railway Sector and in Article 5.1 of this Regulation, may make the concrete determination of the railway lines that make up the Railway Network General Interest.

Article 5. Inclusion and exclusion of the General Interest Rail Network.

1. It is up to the Minister of Public Works to agree, at any time, on the inclusion, in the General Interest Rail Network, of new railway infrastructure where reasons of general interest justify it, after reporting by the Autonomous Communities affected. The formal act of approval of the information study by the Ministry of Public Works, carried out in accordance with the provisions of article 5 of the Law of the Railway Sector and in Article 10 of this Regulation and prior to compliance with the provisions of this Law. Article shall determine, in any event, the inclusion of the line or section of the relevant network in the General Interest Railway Network.

The report of the affected autonomous communities should be evacuated within one month. On the expiry of that period without the requested report being issued, the conformity of the autonomous community shall be understood with the inclusion of the railway infrastructure concerned in the Railway Network of General Interest.

If the railway infrastructure that is intended to be included in the General Interest Railway Network, it will run, in full, through the territory of a single autonomous community and without connection to the rest of the Network or out of ownership of it, its prior consent shall be necessary for such inclusion.

2. The Minister for Public Works may exclude, after reporting from the Autonomous Communities concerned, a particular railway infrastructure of the Railway Network of General Interest provided that the reasons of general interest have disappeared justified their inclusion in that. This report shall be evacuated within 30 days, and in the autonomous communities it shall state, where appropriate, the interest in the transfer of the relevant infrastructure. On the expiry of that period without the requested report being issued, the conformity of the autonomous community with the exclusion of the railway infrastructure in question shall be understood as being the result of the General Interest Railway Network.

3. The transfer file shall be promoted, after the consent of the corresponding autonomous community, at the request of the latter or the Ministry of Public Works and, after processing by the Directorate General of Railways, shall be resolved by the Council of Ministers.

The change of ownership of a railway line or line, the transfer of which would have been agreed in accordance with the provisions of the preceding paragraph, shall be formalised by the corresponding delivery act, signed by the administrations concerned, in which the limits of the line or section concerned will be defined precisely.

The transfer shall include all the goods and facilities necessary for its operation and shall entail the modification of the Railway Network of General Interest.

Article 6. Closure of lines or sections of the railway infrastructure.

1. Where the economic result of the operation of a railway line is highly loss-making, the Council of Ministers, acting on a proposal from the Minister for Development, may agree to its closure.

2. In any event, prior to the adoption of the closure agreement of the railway line or of a stretch of line, in the terms provided for in Article 11 of the Law of the Railway Sector, the Ministry of Public Works will have to agree to its exclusion. of the Railway Network of General Interest as provided for in the previous article.

It should also inform the autonomous communities or local entities that could be affected and offer the transfer of the railway line or the closing stretch to the autonomous communities. where the territory of the territory is established, provided that they assume the necessary financing for their administration and undertake to maintain the provision of the railway service on that line or tranche thereof for the five years following the date of the handover is performed.

3. If the autonomous communities or local authorities assume the funding for the administration of the railway line or line section, committing to maintain the provision of the railway service within the time limit set out in paragraph 1 above, it may, where appropriate, agree to the transfer to the corresponding autonomous community as provided for in Article 5.3 of this Regulation.

4. If, within a period of two months, the autonomous communities or local authorities do not assume the funding for the administration of the railway line or line section or shall not demonstrate their willingness to maintain the line in service, the Council of Ministers will agree to its closure.

CHAPTER II

Planning, project and construction of railway infrastructure members of the rail network of general interest

SECTION I. PLANNING AND ESTABLISHMENT OF RAILWAY INFRASTRUCTURE

Article 7. General principles.

1. In accordance with the provisions of Article 5 of the Law of the Railway Sector, it is up to the Ministry of Public Works, heard the affected autonomous communities, the planning of railway infrastructures: members of the Railway Network General interest and the establishment or modification of the railway lines or sections thereof. It shall also be subject to the rules laid down by the latter in respect of the establishment or modification of other elements which are to be formally part of the General Interest Railway Network.

2. For the establishment or modification of a line or part of the Railway Network of General Interest, the approval by the Ministry of Public Works of an information study, as provided for in Article 5 of the Law, will be required. The Railway Sector and this Regulation.

The information study is the one that includes the analysis and the definition, in both geographical and functional aspects, of the options for the layout of a given performance and, where appropriate, the selection of the alternative recommended as a proposed solution. It will also include the environmental impact assessment of the options raised and will be the basic document for the relevant environmental assessment under environmental legislation.

The approval of the information study shall determine the inclusion of the line or section of the network to which it relates in the General Interest Railway Network.

Article 8. Resolution of the establishment or modification of railway lines.

1. The resolution of the Ministry of Public Works which agrees to the establishment or, where appropriate, the modification of the railway lines or sections thereof shall determine whether the approval and implementation of its basic and construction projects corresponds to the Ministry of Public Works or the railway infrastructure manager. The content of that resolution may be incorporated into the content of the relevant information report.

It is understood by construction project that it establishes the complete development of the solution adopted for a given railway infrastructure, with the necessary detail to make its construction feasible and later exploitation.

It is understood by basic project that which defines, with sufficient detail and concreteness, the geometrical aspects of the railway infrastructure so that the projected layout is clearly defined, as well as the goods and rights concerned.

2. Where the decision referred to in the preceding paragraph determines that the approval of the basic and construction projects shall be carried out by the railway infrastructure manager, the railway infrastructure manager shall also be responsible for the approval of the basic and construction projects. powers of supervision and review of the projects concerned and, where appropriate, the certification of compliance with the environmental impact declaration.

3. In the event that the resolution determines that the execution of the construction works of railway lines belonging to the Railway Network of General Interest or of sections thereof must be carried out by the Ministry of Public Works, the railway infrastructure manager may be entrusted with the execution of such works from the resources of the State or third parties, in accordance with the relevant convention.

4. Where, pursuant to the decision referred to in paragraph 1, the railway infrastructure manager is responsible for carrying out the construction of railway lines which are members of the Railway Network of General Interest or The Commission will also be involved in the construction of its own resources, in the budgetary framework authorised for this purpose by the Minister for Economic Affairs and Finance.

SECTION II. THE INFORMATIVE STUDY

Article 9. Content of the information study.

1. The information study shall be drawn up by the Directorate-General for Railways, which shall consist of the memory with its annexes and plans and shall comprise:

(a) The object of the study and the exposure of circumstances that justify the general interest of the lines or sections of the railway infrastructure and the overall design of its layout.

(b) The technical characteristics to be collected by the track and the facilities at each section of the projected line.

(c) The analysis and definition, in general terms and in both geographical and functional aspects, of all the layout options studied, and, where appropriate, the situation of the stations and the railway service areas.

d) The environmental impact study of the different options, in the assumptions in which the environmental impact assessment procedure is required, constituting the information study, in this case, the basic document effects of the corresponding environmental assessment provided for in the legislation of the same character. In the remaining cases, an environmental analysis of the alternatives and the appropriate corrective and protective measures.

e) The analysis of the advantages, disadvantages and costs of each of the options and their impact on the satisfaction of transport demand and on spatial and urban planning.

f) The selection, if any, of the most recommended option, duly justified.

2. The wording of an information study shall not be required in the case of replacement works, preservation works, layout-conditioning, platform-work or track-bending works on the same and, in general, those which do not assume a substantial modification of the layout of existing lines.

Article 10. Processing and approval of the information study.

1. The processing of the information study will be subject to the provisions of Article 5 of the Law of the Railway Sector.

2. The information study, prior to the initiation of its processing, will be the subject of provisional approval by the Directorate General of Railways. The provisional approval shall include the declaration that the said study is well-drafted and meets all the legal and regulatory requirements and requirements to enable the relevant public information to be carried out prior to its approval. definitive.

When the term "approval" is used without any specification, it will be understood that this is final approval, unless the context in which the term is used is clearly deduced otherwise.

3. The Ministry of Public Works will forward the information study for the autonomous communities and local authorities concerned, so that, within one month, they will examine whether the proposal is best suited to the general interest and to the interests they represent. After that period without the public authorities reporting on this, they shall be understood to be in accordance with their content.

In the case of new railway lines, of sections of the same or other elements of the railway infrastructure not included in the current urban planning of the population centres to which they affect, that the reports referred to above will manifest disagreement, which must necessarily be substantiated, the file will be raised to the Council of Ministers, which will decide whether or not to implement the project and, if so, order the modification or revision of the affected urban planning, which should be accommodated Project determinations within one year.

4. The Ministry of Public Works shall also submit to the report of other ministerial departments information on railway infrastructure affecting its field of competence.

The Ministries of Defense and Development will jointly take appropriate measures on the layout and conditions to meet the needs of the National Defense, determining the means for their financing.

5. Irrespective of the provisions laid down in the preceding paragraphs, it shall be carried out in the form laid down in Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure. for a period of 30 working days, counted from the day following the day of publication, in the Official Gazette of the State, of the corresponding notice. During the period of public information, the information study may be examined and the appropriate arguments to be covered by the overall design of the layout, in so far as it is concerned, may be examined at the place specified in the notice. in the general interest.

For the above purposes, the local authorities, for their exposure to the public, will be referred to the part of the information study to collect what is affecting them.

6. Without prejudice to the provision in this provision, it concerns the processing to be carried out for the approval of the information study, in the event that, where this study is necessary, the concurrent circumstances advise that its function be assumed by a construction project or a basic project, it shall be submitted to the same treatment and with the same legal regime as if it were an information study.

7. The Ministry of Public Works shall, within two months of the expiry of the period granted for public information, issue a report which shall consider all the documents submitted during the period and shall propose the resolution of the file.

8. If, prior to the proposal for a resolution of approval of the information study, the essential amendments which affect the general interest have been introduced and which make their public knowledge advisable, they shall be submitted to the information procedures provided for in paragraphs 3, 4 and 5 above.

9. Once the deadlines for hearing and public information have been completed, the Ministry of Public Works will forward the complete file, which will include the information study and the results of the related proceedings and public information, to the Ministry of Public Environment for the purpose of environmental legislation.

10. Completion of the processing provided for in the preceding paragraph, the Ministry of Public Works shall be responsible for the formal approval of the information study which shall determine the inclusion of the line or section of the network to which it relates, in the Network Railway of General Interest, in accordance with the provisions of article 4.2 of the Law of the Railway Sector.

The resolution of the file of public information will be notified to those who have intervened in the process of public information by formulating observations and will be published in the Official Gazette of the State. Where there is a high number of claims whose content is coincident, the publication of the said resolution shall be sufficient to be carried out in the Official Gazette of the State.

The approval of the information study may confirm or modify the terms contained in the provisional approval and incorporate the documentation and plans that allow the identification of the performance to be performed.

11. In the case of revisions of the urban planning instruments, or in cases where a type of instrument other than the previously existing instrument is approved, the new railway lines or sections of the same contents shall be included in the previously approved informational studies.

SECTION III. PROJECTION AND CONSTRUCTION OF RAILWAY INFRASTRUCTURE MEMBERS OF THE RAIL NETWORK OF GENERAL INTEREST

Article 11. Content of the build project.

1. The construction project must contain, with the necessary precision, the data to enable the works to be carried out without the intervention of their author or their authors.

2. The construction project will consist of the following documents:

(a) A descriptive memory expressing the needs to satisfy, the justification of the intended solution, the characteristics of the railway line and its functional elements and its exploitation, the singular works, the safety and communications facilities, electrification, access to stations, railway service areas and environmental considerations and the territory concerned.

(b) The annexes to the memory shall include the data set, calculations and studies carried out for the preparation of the project. These will develop the following aspects:

(i) The history of the project.

(ii) The mapping and topography that will include the references in which the repose of the work will be based.

(iii) Geology and geotechnics.

(iv) Climatology, hydrology and drainage.

(v) The layout.

(vi) The study of deposits, source of materials and landfills.

(vii) The adequacy of the project to the environmental impact statement, in cases where it is mandatory, and, in particular, the implementation of corrective and protective measures arising from environmental analysis.

(viii) The infrastructure works that will include the land movement and the definition of the platform.

(ix) The path superstructure.

(x) The structures.

(xi) Tunnels and stations which shall include the definition of their operating conditions, compatible with the project and the risk assessment with the measures to be taken and necessary facilities.

(xii) Interim situations which will include the relationship of measures to ensure, where appropriate, the safety of rail traffic and road traffic on the sections concerned during the implementation of the measures. works.

(xiii) Electrification that will include the conditions for the power outlet for the transformation, transport and power supply of traction to the trains.

(xiv) Security, signaling, and communications facilities.

(xv) The adequacy of territorial and urban planning and management of access to railway stations or service areas.

(xvi) The documentation relating to coordination with other affected administrations and entities, including the reports issued and the minutes of meetings held.

(xvii) The expropriations.

(xviii) The services and easements affected by the works.

(xix) The indicative work plan, valued monthly.

(xx) The price justification.

(xxi) The total investment budget, including expropriations, service modifications, and technical assistance made or required.

(xxii) The contractor's pricing and classification review formula proposals.

(xxiii) The study or, where appropriate, the basic safety and health study in the works that will include situation plans, indicating the risks identified in each unit of work and the measures to be taken. It will also contain a plane where evacuation roads are defined in the event of an accident and the next medical assistance centers. The budget shall contain the measurements of the projected units and safety elements, a unit price table and the budget resulting from the application of those prices to the above measurements. The study shall take into account the risks arising from traffic, including the internal work, in accordance with the framework plan, if it is known at the time of writing the project.

c) The drawings that describe each and every element of the project and its constructive process in order to deduce the measurement of the elements.

(d) The specification of particular technical requirements, in which the actions to be carried out and the characteristics of the materials and the units of work and the manner of execution, measurement, credit, etc. are described in detail. and quality control of these.

e) Budgets, with detailed measurements, price tables, general and, if any, partial, budgets.

(f) Any other documents which, in the interest of the particular character of the works, are deemed necessary.

3. Depending on the type of construction project, the body responsible for its approval may, on the basis of the documents or annexes referred to in the previous paragraph, delete, in a reasoned opinion, the extent or conditions of the project. the definition, execution and valuation of works.

Article 12. Content of the basic project.

1. The basic project will consist of the following documents:

a) Memory, describing and justifying the adopted solution.

(b) Annexes to memory, including all data identifying the layout, or occupation in plant and volume, of the railway infrastructure, the characteristics chosen and, where appropriate, the replacement of the easements and services affected. The Annexes shall include the documents necessary to promote administrative authorizations prior to the execution of the works and the specific and individualized relationship, definition and assessment of the goods and rights concerned, with the material description of the same on the parcel plane and the easements to constitute, if necessary, to allow the initiation of the expropriation procedure for the acquisition of the necessary land.

(c) The plans in which the land is determined to be occupied by the railway line or section and its functional elements, including the general rail systems.

d) Estimation of the cost of the works.

2. In the event that the concurrent circumstances advise it and, in particular, whether the basic or the construction project contains modifications with respect to its relevant information study, of such relevance as to advise its knowledge public information, in accordance with the same rules laid down in Article 10 for the information study, in which the comments may be dealt with only on those referred to in Article 10 (1) of the Treaty. modifications.

Article 13. Approval of the projects. Expropriation.

1. The approval, by the Ministry of Development or by the railway infrastructure manager, of the relevant basic project or of the construction of railway lines, its sections or other elements of the railway infrastructure or the modification of the pre-existing ones requiring the use of new land, the declaration of public utility or social interest, the necessity of the occupation and the declaration of its urgency, for the purposes of the compulsory expropriation of those in which the line, section or element of the infrastructure is to be constructed railway or that they are necessary to modify the pre-existing ones, as provided for in the legislation expropriatory.

2. The declaration of public utility or social interest and the need for occupation shall also relate to the goods and rights included in the project's review and in the modifications of works that may subsequently be approved.

3. For the purposes set out in the preceding paragraphs, the railway line projects, their sections or other elements of the railway infrastructure and their modifications shall include the definition of the layout and the determination of the land, buildings or other property or rights which it is deemed necessary to occupy or acquire for the construction, defence or service of those and the safety of the movement.

4. Where the railway infrastructure manager is responsible for the construction, with own resources or obtained through the relevant convention, of the railway infrastructure, the power of expropriation shall be exercised by the The General Administration of the State and the beneficiary of the expropriation will be the administrator of the railway infrastructure that will pay the Justiprice of the expropriations. In any event, the beneficiary of the expropriation shall have the rights and obligations provided for in the Law of 16 December 1954 on Compulsory Expropriation.

The occupancy record that will be extended following the payment, accompanied by the supporting documents, will be sufficient for the registration of the Property and the other public records to be registered or to take reason of the the transfer of ownership and the verification, where appropriate, of the cancellation of the charges, charges and actual rights of any class to which the expropriated thing is affected.

The occupation record, accompanied by the proof of the entry of the price or the corresponding deposit guarantee, shall have the same effect. Such documents shall also be certificates of registration in the Land Registry.

Article 14. Construction of railway infrastructure.

1. The construction of railway infrastructure shall be carried out in accordance with the resolution of the Ministry of Public Works referred to in Article 8.

2. Where the railway infrastructure manager is responsible for the construction of railway infrastructure, the railway infrastructure manager shall act in accordance with Articles 6 and 22 of the Railway Sector Law and its own Staff Regulations.

The management, control, surveillance and inspection of the works and construction works of the railway infrastructure integrated in the Railway Network of General Interest, when it is and its operation has been entrusted to the railway infrastructure manager, shall correspond to the railway infrastructure manager, without prejudice to the inspection capacity of the Directorate-General of Railways.

3. Where, pursuant to Article 6.1 of the Law on the Rail Sector and in Article 8 of this Regulation, the Ministry of Public Works has reserved the construction of certain railway infrastructure, the Directorate-General General of Railways shall exercise the functions related to the previous paragraph.

Article 15. Technical standards and instructions.

1. Without prejudice to the general technical regulations which are applicable, the Minister for Public Works, acting on a proposal from the Directorate-General for Railways and after the report of the railway infrastructure manager, shall approve the rules and instructions governing the basic or construction projects of the railway infrastructure and those to which the works and construction works of the railway infrastructure are to be subjected.

All new construction railway infrastructure open to the use of passengers will, in any case, comply with the rules on the use of new railway infrastructure by persons with disabilities or reduced mobility and those of civil protection.

2. The rules and instructions shall be published in the Official Journal of the State and shall be reviewed periodically for permanent updating, in order to adapt them to technological progress, to the requirements of international treaties. held by Spain and future forecasts on the development of rail mode.

Article 16. Authorization to put into service.

1. Prior to the placing in service of railway lines, their sections and the stations or terminals belonging to the General Interest Railway Network, whatever the construction procedure has been, it shall be necessary to have a authorisation from the Ministry of Public Works stating that the railway line or the relevant section may enter into service, in compliance with the safety conditions required by the applicable rules.

Such authorization shall be granted by the Director General of Railways, in the light of the report on the adequacy of the works to the applicable technical regulations issued by the personnel responsible for their execution and supervision, certification, by the railway infrastructure manager or entity empowered to the effect, of the fulfilment of the conditions required for safety on the railway holding, and of the receipt of the supporting documentation of the compliance, in due form, with the execution of the test plan to be established by the administrator railway infrastructure or, where appropriate, the General Directorate of Railways.

2. With regard to the opening to rail transit of the remaining elements of the infrastructure, the railway infrastructure manager shall comply with the rules laid down by the Ministry of Public Works.

SECTION IV. COORDINATION WITH URBAN PLANNING

Article 17. Impact of railway infrastructure on urban planning.

1. The general plans and other general urban planning instruments shall qualify the land occupied by the railway infrastructure as part of the Railway Network of General Interest as a general rail system or equivalent, and shall not include determinations that prevent or disturb the exercise of the powers conferred on the Ministry of Public Works and the railway infrastructure manager.

2. In accordance with Article 7 of the Law of the Railway Sector, construction, repair or maintenance works of railway lines, sections of railway lines or other elements of the infrastructure will have the consideration of works of The general interest and its projects shall, in advance, be communicated to the competent urban administration for the purpose of checking, where appropriate, their suitability for the relevant information study and issuing the appropriate report, which shall be 'favourable' means if one month elapses from the date of the submission of the appropriate documentation without has been referred.

Such works shall not be subject to the municipal preventive control referred to in Article 84.1 (b) of Law 7/1985, of 2 April, Regulatory of the Bases of the Local Regime.

SECTION V. STEPS AT LEVEL

Article 18. Applicable regime.

1. Road crossings or other routes of communication with railway lines which are produced by the establishment or modification of any of them shall, in any event, be carried out at different levels. Only exceptionally and for reasons which are absolutely justified, the General Directorate of Railways may authorise the provisional establishment, for the strictly necessary time, of new steps at level, which must be protected in accordance with the provisions of paragraph 6 of this Article.

The existing level steps, as well as the provisional ones to be built on an exceptional basis and for justified reasons, will be subject to the provisions of Article 8 of the Railway Sector Law and this Regulation.

2. The Ministry of Public Works, directly or through the railway infrastructure manager, and in order to preserve and improve the safety of road and rail road users, will be able to perform the reordering of level as well as that of their access, both public and private, guaranteeing in the latter case the access to the affected pregod through the concentration of those and, where appropriate, suppression of those that do not strictly result essential.

The administrative approval of cross-construction projects at different levels and those of the works necessary for the reordering, concentration and improvement of the level steps and their access, including the improvement of their visibility, shall bear the declaration of public utility and the urgency of the occupation for the purposes of the expropriation of land which may be necessary for such actions.

For the approval of the aforementioned projects, the existence of the public information procedure will not be necessary when the actions to be carried out do not involve a substantial modification in the functionality of the line affected.

The aforementioned works, in accordance with Article 8.4 of the Law of the Railway Sector, are not subject to the acts of municipal preventive control referred to in article 84.1.b) of Law 7/1985 and have the character of works for the conservation, entertainment and replacement of railway installations.

However, new construction projects must be submitted to the competent urban administration report, which will be considered favourable if it has not been expressly issued within one month of receipt of the the documentation.

3. Where, in accordance with the provisions of this Article, any railway performance affecting the technical conditions of road traffic with which the railway is crossed is to be carried out, the body shall be required to report competent for the latter, in order for it to determine the technical conditions it deems necessary to carry out the corresponding works. The requested report shall be issued within one month of receipt of the documentation and shall be deemed to have been favourably received if it has not been expressly evacuated. Reciprocally, the body or entity responsible for the railway infrastructure shall issue a report, which shall be binding, laying down the technical conditions which it considers necessary for all road works which it considers necessary. affect the conditions of the railway infrastructure.

4. The existing special steps, established for the service of certain farms or farms of any kind, shall be governed by the conditions laid down in the relevant authorization, granted by the Directorate-General of Railways, which may delegate this power to the railway infrastructure manager. The use of the passage by different persons or for the purpose of trafficking or purposes other than those covered by their authorisation shall be prohibited.

The Ministry of Public Works may, on its own initiative or on a proposal from the public authorities responsible for roads or the railway infrastructure manager, agree to the closure of the steps at a particular level where the operators do not comply with the conditions of the authorisation, where they do not properly comply with their conservation, protection and signalling, or where the crossing of the track can be carried out by other nearby steps, as or at a different level.

The Ministry of Public Works, either on its own initiative or on a proposal from the railway infrastructure manager, may modify the conditions of the authorization granted for the establishment of the corresponding step at a level or impose new security or passing requirements, where the circumstances of the road or the crossing have changed since the date of the granting of the security.

5. The Ministry of Public Works and Public Administrations with competence in the field of roads shall, as provided for in the budget and in accordance with the conventions which, where appropriate, be concluded, provide for the abolition of steps at existing level and, where appropriate, their replacement by crossings at a different level, where the characteristics of the crossing points out that the deletion is necessary or appropriate. In any event, priority shall be given to the removal of the steps at a level which are located on lines in which the speed of up to 160 kilometres per hour is circulated at a speed, as well as those in which the product of the average daily intensity of road vehicles (A) by the daily average train traffic (T) present a value equal to or greater than 1,500.

For the purposes of this Regulation and its accompanying rules, it is known as the time of circulation (AT) of a step at level to the statistical indicator determined by the product of the average daily intensity of the movement of vehicles by the road section affected by the passage (A) and the number of daily train circulations by the equally affected section (T).

6. The procedure for the abolition of steps at the level or, where appropriate, for the reordering of the same will be established in the Order, that to the effect, the Minister of Development will dictate, on a proposal from the Directorate General of Railways. It will be up to that Directorate General to dictate the step-to-level deletion resolutions.

7. The steps at the level of the entry into force of this Regulation, the provisional measures which may be established on an exceptional basis, and the intersections of roads or routes of communication with railway lines referred to in paragraph 6 Article 8 of the Law of the Railway Sector, must count, with the appropriate security and signalling systems that guarantee the safety of the circulation. To this end, the Minister of Public Works, acting on a proposal from the Directorate General of Railways and after the Ministry of the Interior, will establish the rules governing the different kinds of protection, which will take into account the characteristics of the circulation and the visibility of the steps at level and, where appropriate, any other circumstances of these susceptible to affect safety at the crossing.

8. By Order of the Minister of Public Works, dictated by the proposal of the Directorate General of Railways, the signs and protection will be regulated that guarantee the safety of the level steps and the way to distribute the costs of the necessary works for the purposes of their deletion or protection, during the period in which they remain open, or for the rearrangement of access to them, between public administrations and any other natural or legal persons concerned, without prejudice to the conventions which could, in fact, be concluded. In addition, the signalling and protection of the intersections of roads or lines of communication with railway lines shall be regulated in that Ministerial Order when, in the terms of Article 8.6 of the Law on the Rail Sector, they are produced in industrial or port areas or in the accesses thereof. It shall be for the Directorate-General of Railways to issue resolutions for the modification of the signalling and protection of each step at a level.

9. The removal of steps at a level, rearrangement or, where appropriate, the installation of the protection systems referred to in paragraphs 2, 4, 5 and 7 shall be on behalf of the bodies or entities which are responsible for the roads if the factor A of its moment of movement has a value equal to or greater than 250 and, on behalf of the bodies or entities holding the railway infrastructure, if the factor of its moment of circulation is equal to or greater than 6. In the case of both previous assumptions, the cost of the work shall be divided by halves between the concerned bodies or entities.

The abolition of level steps and their reordering will be financed from the budget of the Ministry of Public Works or the entities that have the railway infrastructure in charge, when on them circulations are established. rail at speed of 160 kilometres per hour or more.

When the removal of steps at level or the adoption of the measures that, if necessary, are necessary, are due to modifications or improvements on the road or railway, the cost of the works to be carried out will be exclusively of the body or entity responsible for the infrastructure, the modification of which results in the corresponding action on the step at a level.

The cost caused by the works of suppression or protection of the level steps as well as the reordering of their accesses, the creation of new crossings at different levels or the facilities and improvements of their necessary protections in which none of the above mentioned circumstances are present, shall be borne by the body or entity that promotes them.

The provisions of the preceding paragraphs shall be without prejudice to the application of a different regime where it is the result of agreements or agreements which may, in effect, be concluded between the competent authorities, the bodies or entities mentioned or any other entities which may be interested in the matter. Such conventions may also regulate the contributions of the parties to the fencing of railway lines and installations in urban areas and their conservation and surveillance.

The body or entity that approves the reordering of the steps at level may establish a system of financing the cost of the necessary works involving a greater participation in the same part of its part, or of its organs or tutored entities, to which it would correspond to the application of the general rules established above.

10. The entities in charge of the railway infrastructure shall keep, duly updated, an inventory of all the steps at level, both public and private, existing on the railway lines that they administer.

SECTION VI. RAILWAY SERVICE AREAS

Article 19. Definition of railway service areas.

1. The Ministry of Public Works may define, in accordance with Article 9 of the Law of the Railway Sector, in particular in areas linked to stations or freight terminals, railway service areas which will include the the grounds necessary for the implementation of railway infrastructure and for the performance of the railway infrastructure manager's own activities, those intended for tasks complementary to those and the reserve spaces which ensure the development of the rail service.

2. The establishment of the service area shall be carried out by means of a project for the delimitation and use of railway spaces, which shall include the activities envisaged in the various areas and the expression of their justification or convenience. The project will be developed by the railway infrastructure manager and approved by the Minister for Development.

3. In the event that the establishment of an area of service is of general interest to the port system, the public authority Ports of the State will have the capacity to propose to the Minister of Development said establishment, and will coordinate to the different Port Authorities of the ports of general interest from which the railway traffics have to come to that area of service.

In this case, the conditions of access of these areas of service to the Network of General Interest will be established in the corresponding agreement between Ports of the State and the infrastructure manager railway.

Article 20. Content of the project for the delimitation and use of railway spaces.

1. The project for the delimitation and use of railway spaces shall, as appropriate, include

following:

a) The delimitation of the railway service area.

b) Rail traffic control services.

(c) Infrastructure for the movement of mobile material and, where appropriate, train training.

d) Areas of railway activity with their buildings and facilities for train service.

e) The buildings and facilities of the station or terminals of cargo that are necessary for the movement and transit of the passengers and the goods.

f) The parking and access areas for people and vehicles.

g) The spaces to perform the activities of industrial, commercial and service compatible with the railway transport.

h) The service networks necessary for the proper functioning of the railway infrastructure.

i) The railway complex's service routes.

j) Road access to the railway area.

k) Exchange systems with other modes of transport.

2. The project for the delimitation and use of railway spaces may include, where appropriate, the forecasts necessary for those public authorities to carry out activities or to provide services, necessarily, within the framework of the rail, have the precise spaces for it.

Article 21. Documentation of the project of delimitation and use of railway spaces.

The project to delimit and use railway spaces will contain the following documents:

a) Memory, which will include a study of the background and current situation of the service area concerned; its future needs arising from the analysis of the traffic of passengers and goods and of the evolution foreseeable demand; the delimitation of the service area, the activities envisaged for each of the areas of the service area concerned, with the justification of their need or convenience, the analysis of their impact on the environment; affected, and their relationship with urban planning, the access to it and the area affected by the railway easements.

(b) the general situation of the railway station or terminal and of the other railway infrastructure and the plans of each of the areas in which the railway service area is structured, with the activities of the railway intended.

c) The estimation of costs, investments and other economic conditions for the development of the project for the delimitation and use of railway spaces.

Article 22. Procedure for the approval of the project for the delimitation and use of railway spaces.

1. Projects for the delimitation and use of railway spaces shall be drawn up by the railway infrastructure manager.

The approval of the projects for the delimitation and use of railway spaces corresponds, through Order, to the Minister of Public Works.

2. The projects for the delimitation and use of railway spaces shall be informed by the public authorities responsible for planning the territory and urban planning affected by the delimitation of the service area. The reports, which shall deal with matters relating to their respective competence, shall be deemed to be favourable if, after one month after their application, they have not been issued.

Prior to their approval, projects for the delimitation and use of railway spaces will, where appropriate, be referred to the ministerial departments whose powers could be affected by such projects, so that report on matters affecting their powers. Any of these reports shall be deemed to be favourable if the period of one month has elapsed since they are requested without them being issued.

3. In the event that the delimitation of the service area proposed in the project of delimitation and use of railway spaces includes property assets or public domain of ownership of the State affected to different purposes, It will seek the report of the Ministry of Economy and Finance. For these purposes, the referral of the project for the delimitation and use of railway spaces shall entail the initiation of the case of affectation or demanial mutation, which shall be processed and resolved in accordance with the provisions of the legislation. Regulation of the public administration heritage.

4. The Ministerial Order approving the project for the delimitation and use of railway spaces will be published in the Official Gazette of the State.

The approval of the project for the delimitation and use of railway spaces shall imply the declaration of public utility or social interest, the need for occupation and the declaration of urgency thereof, for the purposes of expropriatory, of the goods and rights necessary for its implementation.

5. The substantial modification of the project for the delimitation and use of railway spaces, once approved, will require the same procedure as set out in the previous paragraphs.

Article 23. Urban planning of railway service areas.

1. General plans and other general urban planning instruments shall qualify the land for railway service areas as a general rail system or equivalent and shall not include any determinations which prevent or disturb the exercise of the powers conferred on the railway infrastructure manager.

2. The general railway system referred to the areas of railway service established in the opportune project of delimitation and use of railway spaces, will be developed through a special plan of management of the service zone railway or equivalent instrument, in accordance with the provisions of Article 10 of the Law on the Railway Sector.

CHAPTER III

Limitations to the property

SECTION I. GENERAL PROVISIONS

Article 24. Basic concepts.

1. A public domain zone, another protection zone and a building limit are established on the railway lines forming part of the General Interest Railway Network. Both the aforementioned areas and the limit of construction will be governed by the Law of the Railway Sector, in this Regulation and in the provisions dictated by the Minister of Development Development of the latter.

2. Where public domain areas and protection zones are overlapping, depending on whether their measurement is carried out from the general railway track or from the routes diverted, the configuration of the public domain area shall prevail in any case. the protection.

3. Where, as the horizontal projection of the slope of the esplanations is very wide, the building limit line is within the area of public domain, the aforementioned line shall be made to coincide with the outer edge of the zone.

4. Where the building limit lines overlap, depending on whether the measurement is carried out from the general railway track or from the diverted tracks, the most remote of the railway track shall prevail.

SECTION II. PUBLIC DOMAIN AREA

Article 25. Particular rules of the area of public domain.

1. The area of public domain comprises the land occupied by the railway lines forming part of the General Interest Rail Network and a strip of land of eight metres on either side of the platform, measured in horizontal and Perpendicular to the axis of the same, from the outer edge of the esplanation.

It is understood by esplanation, the land area in which the natural topography of the soil has been modified and on which the railway line is located, its functional elements are arranged and its facilities are located, being the outer edge of this intersection of the slope of the dismount, of the embankment or, where appropriate, of the supporting walls adjacent to the natural terrain.

In the case of special cases of bridges, viaducts, structures or similar works, lines of vertical projection of the edge of the works on the ground may be set as external edges of the esplanation, being, in any case, public domain the terrain understood among the referred lines.

In the tunnels, the determination of the area of public domain will extend to the surface of the lands on them necessary to ensure the conservation and maintenance of the work, according to the characteristics geotechnical terrain, its height over those and the arrangement of its elements, taking into account circumstances such as its ventilation and its accesses.

Provided that the conservation and maintenance of the work is ensured, the urban planning may differentiate the urban classification of the soil and the subsoil, granting, where appropriate, the land in the surface ratings that make them susceptible to urban development.

2. In the area of public domain, without prejudice to Article 30, only works and installations may be carried out, subject to the authorisation of the railway infrastructure manager, where they are necessary for the provision of the service. (a) railway or where the provision of a public service or a service or activity of general interest so requires. Exceptionally and for duly justified reasons, the crossing of the area of public domain, both air and underground, may be authorised by private works and installations.

In urban areas, and prior to the authorization of the railway infrastructure manager, construction works that improve the integration of the railway into those areas will be able to be carried out within the public domain zone. zones.

In no case shall any works or installations which may affect the safety of the railway traffic be authorised, damage the railway infrastructure or prevent its proper operation.

3. In the case of occupation of the area of public railway domain, the one who will perform it will be obliged to the cleaning and collection of the material located in the occupied grounds up to the limit of the aforementioned zone of public domain, previous requirement of the public administration or the railway infrastructure manager of the railway infrastructure operator. If the requirement is not addressed within the time period conferred, it shall act in a subsidiary way the mentioned public administration or the operator of the railway infrastructure holder of the line, by carrying out the necessary tasks of the cleaning and collection of the material, leaving the occupant of the grounds liable to compensate for the costs incurred for such action.

SECTION III. PROTECTION ZONE

Article 26. Particular rules of the protection zone.

1. The protection zone of the railway lines consists of a strip of land on either side of the railway lines, enclosed within the area of public domain and, externally, by two parallel lines, located 70 metres from the edges. exterior of the esplanation.

2. In the protection zone, no works may be carried out and no more uses shall be permitted than those which are compatible with the safety of rail traffic, subject to authorisation, in any case, of the railway infrastructure manager. The latter may use or authorise the use of the protection zone for reasons of general interest or where the best service of the railway line requires it. In particular, it may do so to comply with any of the following:

(a) Engage and channel waters that occupy or invade the railway line.

(b) temporarily depose, by separating them from the track, objects or materials on the railway line platform and constitute a danger or obstacle to movement.

c) Temporarily park mobile material that is not suitable for circular, breakdown, or other cause.

(d) Establish pipelines linked to services of general interest, if there are no alternatives to the layout of services.

e) temporarily store machinery, tools and materials for construction, repair or preservation of the railway line or its functional elements and installations.

f) Take advantage, for the exclusive use of the railway, of geological resources, prior to obtaining, where appropriate, the corresponding authorizations.

g) temporarily establish access roads to specific areas of the railway line requiring construction, repair or maintenance of the line and its functional elements and facilities or the aid in case of incident or accident.

h) Access specific points on the railway line in the event of an incident or accident.

i) Integrate, in urban areas, the railway by means of urbanization resulting from the development of urban planning.

3. Agricultural crops may be cultivated in the protection zone, without prior authorization, provided that the correct evacuation of the irrigation waters is ensured and no damage is caused to the plaid, the burning of stubble.

In existing buildings and installations, repair and improvement works can be carried out exclusively, provided that they do not increase the volume of the construction and without the increase in value may be taken into account for the purposes of expropriation. In any event, such works shall require the prior authorisation of the railway infrastructure manager, which may lay down the conditions under which they are to be carried out, without prejudice to any other permits or authorisations which may be required according to the applicable rules.

4. In the protection zone up to the building limit line, the railway infrastructure manager may ask the Ministry of Public Works for the expropriation of goods, which shall be considered as a public domain. the declaration of public utility or social interest and the need for its occupation, provided that its interest is justified for the provision of rail services and for the safety of the movement.

5. The occupation of the protection zone and the damages caused by its use shall be indemnified, in accordance with the provisions of the Compulsory Expropriation Act.

SECTION IV. COMMON RULES FOR AREAS OF PUBLIC DOMAIN AND PROTECTION

Article 27. Distances.

1. The Ministry of Public Works, in the light of the specific technical characteristics of the railway line concerned and the type of land covered by that line, may, on a case by case basis, determine distances lower than the set out in Articles 25 and 26 to delimit the area of public domain and protection.

2. In the soil adjacent to the one occupied by the railway lines or infrastructures and classified as urban consolidated by the corresponding urban planning, the distances for the protection of the railway infrastructure will be of five meters for the zone of public domain and eight meters for the protection, counted in all cases from the outer edges of the esplanation. Such distances may be reduced by the Ministry of Public Works provided that the need for the reduction is established and does not cause prejudice to the regularity, conservation and free transit of the railway without, in any event, the corresponding to the public domain zone may be less than two metres.

Article 28. Regime of the authorisations.

1. In order to implement, in areas of public domain and protection of the railway infrastructure, any type of fixed or temporary works or installations, change the destination of the same or the type of activity that can be performed on them and Planting or cutting down trees shall require the prior authorisation of the railway infrastructure manager. The provisions of this paragraph are without prejudice to the powers of other public administrations.

2. Works which are carried out in the public domain area and in the protection zone which are intended to safeguard landscapes or buildings or to limit the noise caused by the transit of railway lines shall be borne by their promoters.

Article 29. Procedure for granting authorizations.

1. The application for authorisation to carry out works, installations or activities in the area of public domain and in the area of protection of the railway infrastructure shall be examined by the railway infrastructure manager. Such a request shall be in accordance with Article 70.1 of Law No 30/1992 and shall comply with the requirements laid down in this Regulation. If the documentation provided together with the application is incomplete, the person concerned shall be granted a period of 10 days to complete it.

Verified the requested action on the ground and requested when the complementary reports that are considered relevant, the railway infrastructure manager, will grant the authorisation and lay down the conditions for granting it, or shall reject it in a reasoned manner. The refusal must be based on the forecasts of the plans or projects for the extension or variation of the railway line in the ten years after the agreement, in obvious damage to the safety of the railway, or in technical reports. to show that the works intended to be carried out may directly or indirectly affect the stability of the platform or the planning.

After three months from the date of receipt of the application, without the railway infrastructure manager having expressly adopted and notified the resolution, the authorisation shall be deemed to be refused.

2. Where the application for authorization is intended to carry out works or installations in the area of public domain for the establishment of a public service or a general interest, it must be accompanied by a project of works and (a) facilities and documents certifying their conformity with urban planning or the required urban planning authorisations. In any event, the general interest of the need for the occupation of the requested public domain must be justified.

If the application is intended to use the protection zone, all necessary documentation for the correct location and definition of the intended action will be attached.

Article 30. Protective measures.

1. The authorisation to carry out works or activities in the areas of public domain and protection may include protection measures which, in each case, are considered to be relevant in order to prevent damage to the railway infrastructure, to its functional elements, to the safety of the circulation, to the proper exploitation of that and to the environment, as well as the construction of closures and their type.

2. In particular, the following rules shall be observed:

a) Tree plantings. Planting of trees in the area of public domain shall be prohibited, although it may be authorised in the protection zone provided it does not prejudice the visibility of the railway line and its functional elements, nor does it lead to road safety in the steps at level. The railway infrastructure manager may, however, order his or her felling if, on account of its growth or other causes, the tree is determined to determine a loss of visibility of the railway line or affect road safety. in level steps.

b) Tree Talas. Tree felling shall be authorised exclusively in the protection zone and shall be refused only where the logging may damage the railway infrastructure for the purpose of changing the water course, for the production of taludes instability or for other causes to justify it.

c) Air traffic. The establishment of new high-voltage power lines shall not be permitted within the area affected by the building limit line. Low voltage power lines, telephone and telegraph lines may be authorised in the protection zone provided that the distance from the post to the edge of the embankment or the dismount is not less than and average its height. This minimum distance shall also be applied to cross-posts at different levels with power lines.

In the case of cross-level crossings with power lines, the fixed gauge shall be sufficient to ensure, between the railway line, electrified or not, and the power line with which it is crossed, the compliance of the conditions laid down in the regulation of high and low voltage power lines.

The precise towers for the provision of telecommunications services by the companies empowered to do so, may be installed, subject to the authorization of the administrator of the railway infrastructure, within the zone of public domain and protection, provided that the minimum distance between the base of the infrastructure and the external edge of the platform is greater than one and a half times the height of those.

d) Underground leads. Their construction in the area of public domain is prohibited unless, exceptionally and in a justified manner, there is no other feasible technical solution for the provision of a service of general interest, such as the crossing of stocks. In addition, where there is no alternative route, the protection zone, the underground pipelines corresponding to the provision of public services of general interest and those linked thereto may be authorised, in any event, as far as possible from the railway line.

e) Underground works. Within the protection zone, works which may impair the further use of the same for the purposes for which it is intended shall not be authorised.

f) Underground crosses. The corresponding works shall be executed in such a way as to produce the least possible disturbances to the circulation, leave the esplanade and the track in their previous conditions, and shall have due resistance, fixing, by the administrator of Railway infrastructure, the minimum protection line between the key of the underpass and the scraping of the railway platform. Unless sufficient justification is provided, open-pit crossings shall not be permitted in the General Interest Railway Network, with the crossing by mine, tunnel or underground mechanical drilling. The passing or drainage of railway lines may also be used for the crossing, provided that the proper maintenance of its functional and structural conditions is ensured.

g) Covers. In the area bounded by the area of public domain and the building limit line, only totally diaphanous enclosures can be authorized on picket lines without factory foundation. The other types of closure shall only be permitted outside the building limit. The reconstruction of existing enclosures shall be done in accordance with the conditions which would be imposed if they were newly constructed, except for operations of mere repair and preservation.

Where it is necessary to close the closure for requirements arising from the construction of new routes or other grounds of public interest, they may be replenished under the same conditions as before the formulation of the project, in terms of its structure and distance from the outer edge of the esplanation, ensuring, in any case, that the enclosure is situated outside the area of public domain and that the conditions of visibility are not diminished; and safety of the rail traffic.

h) Urbanizations and public facilities, such as hospitals, educational and cultural sports centers, adjacent to the railway infrastructure. In addition to fulfilling the conditions which, in each case, are required according to the characteristics of the installation, the buildings must always remain in the protection zone without encroaching on the building limit line. Within the area affected by that line, no more works than those necessary for the execution of vials, car parks, islets or landscaped areas shall be authorised.

i) Industrial, agricultural and livestock installations. In addition to the conditions which, in each case, may be required according to the characteristics of the holding, specific conditions shall be imposed to avoid the inconvenience or hazards which the installation, or the materials derived thereof, may cause to the movement, as well as to avoid damage to the environmental environment of the railway infrastructure.

If the assumptions foreseen in the two preceding paragraphs give rise to road traffic, the construction of a crossing at a different level and, where appropriate, the abolition of the step at a pre-existing level, when access to the road is subject to Those who are in need of crossing the railway. The cost of their construction and, where appropriate, the removal shall be taken into account by the sponsor. For the construction of a crossing at a different level or for the deletion of a pre-existing one, the sponsoring entity shall present a specific project with the access to the railway infrastructure, including the aspects of parking, road network and urban services which have an impact on the railway infrastructure protection zone.

j) Movements of lands and explanations. They may be authorised in the protection zone, provided that they are not harmful to the railway infrastructure or its operation.

k) Muros for the support of dismounts and embankments. Its construction may be authorised within the third of the protection zone closest to the area of public domain and also, exceptionally, in the area of public domain provided that it is sufficiently guaranteed that it is not liable to cause damage to the railway infrastructure. In such cases, the railway infrastructure manager, together with the application, must be presented with a project which will examine the consequences of its construction in relation to the project, the evacuation of stormwater and its influence on the safety of the movement.

I) High Steps. The steps of the structure shall not occupy the area of public domain, except express authorisation of the railway infrastructure manager. In railway lines with separate tracks, pillars may be placed between the two, provided that the width of the two-way railway is sufficient to ensure that they do not constitute a danger to the movement, providing them, where appropriate, with a vehicle containment device.

The gauge on the road, both during and after the execution of the work, shall be fixed by the railway infrastructure manager.

The characteristics of the structure should take into account the possibility of widening or variation of the railway line in the next twenty years.

m) Subways. The minimum cover between the upper part of the passing work and the level of the rail line platform shall be fixed by the railway infrastructure manager.

The characteristics of the structure should take into account the possibility of widening or variation of the railway line in the next twenty years.

n) Landfill. They will not be authorized in any case.

Article 31. Effects of the authorizations.

1. The authorisations granted shall not exempt those who obtain them from applying for the other necessary licences and authorisations. The grant shall be made without prejudice to the third party and leaving the pre-existing rights to the land or property. It shall in no case involve the transfer of the public domain or the assumption by the railway infrastructure manager or the General Administration of the State of responsibility in respect of the holder of the authorisation or of third parties.

2. The authorisation shall produce effects as long as the object that has been granted remains the same and shall be transmissible whenever the railway infrastructure manager is notified of the change of ownership.

3. The granting of any authorization shall entail the obligation of the authorized person to pay the railway infrastructure manager the costs which the study, processing and monitoring of the undertaking may entail, not being able to condition the payment of an economic compensation for the exercise of the authorised activity.

4. The granting of an authorisation for special use of the area of public domain shall accrue the payment of the corresponding fee provided for in Article 75 of the Railway Sector Law.

Article 32. Modification or suspension of the authorization.

1. Without prejudice to Article 37, the railway infrastructure manager may, at any time, amend or suspend, temporarily or definitively, the authorisation granted without entitlement to any compensation, in the following cases:

a) If you are incompatible with later approved security rules.

b) If you do damage to the public domain.

c) If it prevented the use of the public domain for activities of public interest.

d) If required for the extension, improvement or development of railway infrastructure.

2. The procedure for amending or suspending the authorisation shall be initiated on its own initiative or at the request of a party and shall be instructed by the railway infrastructure manager.

In any event and before a decision is taken, the parties concerned shall be heard so that they can make any such statement as to their right.

Article 33. Authorized works.

1. The approved works or installations shall be initiated and completed within the time limits to be determined by the authorisation itself or, where appropriate, its extension, and shall be inspected by the railway infrastructure manager.

2. The works may not be started without the railway infrastructure manager having issued a report of conformity to the repose. For these purposes, the person concerned shall make the date of initiation of the works to his knowledge, at least ten days in advance.

If the railway infrastructure manager appreciates deviations from the submitted project or the conditions imposed in the authorisation, it may paralyse the works until those works are corrected, without prejudice to the instruction of the sanctioning case as appropriate.

3. The works shall be carried out in accordance with the project submitted and, where appropriate, with the conditions laid down in the authorisation, without interrupting or hindering the movement on the railway line and subject to safety regulations. of the traffic contained in the Law of the Railway Sector and in its development regulations.

The holder of the authorization shall, in his capacity, replace the elements of the railway infrastructure that are damaged by the execution of the works, restoring them to the previous conditions of safety, functionality and aesthetics.

4. The holder of the authorization shall inform the railway infrastructure manager of the completion of the works, at least ten days in advance. The railway infrastructure manager shall draw up a report of conformity or, where appropriate, record the objections which he considers to be appropriate, giving the period necessary for his/her remedy. The act of conformity of the works shall imply the permission to use the constructed.

SECTION V. BUILDING LIMIT

Article 34. The building boundary line.

1. On both sides of the railway lines forming part of the Railway Network of General Interest, the line of construction is established, from which to the railway line any type of construction work, reconstruction or of enlargement, with the exception of those that are essential for the conservation and maintenance of those that exist at the entry into force of the Law of the Railway Sector. Similarly, the establishment of new high-voltage power lines within the area affected by the building limit line is prohibited, without prejudice to the possible existence of crossings at different levels with power lines in the conditions laid down in Article 30.2.c).

2. The building limit line is generally located 50 metres from the nearest external edge of the platform, measured horizontally from the aforementioned edge.

The Minister for Public Works may determine a distance lower than that provided for in the preceding paragraph for the building limit line, depending on the technical characteristics of the railway line concerned, such as the the speed and typology of the line or the type of floor on which it runs.

3. In addition, the Ministry of Public Works, after reporting by the Autonomous Communities and local authorities concerned, may, for geographical or socio-economic reasons, set a lower-than-general line of construction, applicable to certain railway lines forming part of the General Interest Railway Network, in areas or areas defined.

4. As a general rule, on railway lines forming part of the General Interest Railway Network running through urban areas, the Ministry of Public Works may establish the building limit line below the distance fixed at the second paragraph, provided that it is permitted by the relevant urban planning.

Article 35. Procedure for determining the limit of construction in the cases referred to in Article 16 of the Law of the Railway Sector.

1. The railway infrastructure manager, in accordance with the provisions of the third paragraph of Article 16 of the Law the Railway Sector, may propose, in respect of certain areas or areas, to the Directorate General of Railways the determination of a different building limit distance from the one established in general. For these purposes, branches and links with functional elements of the railway infrastructure shall have the consideration of railway lines.

2. The Directorate-General for Railways will forward the relevant study of determination to the local authorities and autonomous communities concerned, so that, within one month, they will report on whether the proposed determination is the most appropriate. appropriate for the general interest and for the interests they represent.

3. Once the reports have been analysed, the Directorate-General of Railways will raise the Minister of Public Works with the file for resolution.

Article 36. Works and facilities allowed.

1. Works of preservation and maintenance of existing buildings within the building limit line may be carried out with the approval of the railway infrastructure manager. After three months after the application has not been made, its conformity with the work shall be understood if it does not imply any change in the use or destination of the pre-existing buildings.

2. The railway infrastructure manager may authorise within the area affected by the building limit line, also the placement of easily removable provisional installations and the execution of road, car parks on surface, islets or landscaped areas annexed to buildings, as well as public equipment which is authorised in the protection zone without encroaching on the building limit line.

SECTION VI. PROTECTION OF THE RAIL NETWORK OF GENERAL INTEREST

Article 37. Illegal works and activities.

The cessation of works and installations and the suspension of prohibited uses, which are not authorised or which do not comply with the conditions laid down in the authorisations, are subject to the provisions of Article 18 of the Law of the Sector Railway. In any case, the following rules shall be observed:

(a) The Government Delegates, at the request of the Ministry of Public Works or of the railway infrastructure manager, shall have the work or facilities stopped and the suspension of prohibited, unauthorised or prohibited uses. which do not comply with the conditions laid down in the authorisations. The sealing of the works or installations concerned may also be carried out. The standstill and the seal, if any, will be notified to the interested party and will have the character of precautionary measures, as a procedure prior to the case covered by article 18.2 of the Law of the Railway Sector.

(b) The demolition resolution provided for in Article 18.2 of the Railway Sector Law shall be notified to the data subject, which shall comply with it within one month of its notification. If the obligation to demolish or continue exercising the unauthorised use is breached, the Government Delegate shall order his enforcement, in place of the person concerned and at his expense.

(c) In the case of regularisation of the works or installations, the cost of adapting to the due conditions of safety, functionality and aesthetics shall be borne by the person concerned.

Article 38. Ruinous works.

In the event that the railway infrastructure manager finds that a construction, or part of it, close to a railway infrastructure could cause damage to the General Interest Rail Network or to assume a danger to the circulation, will put it in the knowledge of the local corporation concerned in order to declare its ruin and order its demolition.

In case of urgency or imminent danger, this circumstance will be brought to the attention of the Delegate or Subdelegate of the Government to take the appropriate measures. Where the railway infrastructure manager has carried out the demolition of the relevant construction by instruction of them, the costs of such action may be repeated against the owner of the railway infrastructure manager.

Article 39. Closure of railway lines to ensure safety in rail traffic.

1. The high-speed railway lines must have a lock, on both sides of the track, in their entire journey.

2. Conventional railway lines must have a lock, on both sides of the track, in the sections where the circular is allowed to move at a speed of more than 160 kilometres per hour and, in any case, on the sides of the track urban.

The qualification of an undeveloped land as urban or urbanizable will force its owner to dispose of the railway lines that pass it, at its cost and with the technical conditions determined by the administrator of the land. railway infrastructure, of a closure when the urban performances corresponding to the new qualification are carried out. By way of exception, by the special characteristics of the railway line in question, the Directorate-General of Railways may order the completion of the said closure before the start of the urban planning. corresponding.

3. The new railway lines to be built must have a lock, on both sides of the track and throughout its journey.

Article 40. Entry of persons and vehicles on railway tracks.

With the express permission of the railway infrastructure manager, the entry of persons or vehicles on the railways and the transit through them is prohibited. Their crossing shall be carried out by the places determined for that purpose, in accordance with the regulatory rules of the level steps and with the limitations or conditions to be established.

CHAPTER IV

Administration of railway infrastructures

SECTION I. GENERAL PROVISIONS

Article 41. Management of railway infrastructure.

1. The management of the railway infrastructure integrated into the General Interest Railway Network is intended to maintain and operate the railway infrastructure, as well as the management of its control, traffic and safety systems.

2. The management of railway infrastructure is a service of general and essential interest to the community, which will be provided in the form provided for in the Rail Sector Law and in this Regulation.

3. It is for the railway infrastructure manager to administer the railway infrastructure of which it is a holder and of the railway infrastructure of State ownership, the administration of which is entrusted to it, in the terms to be laid down by the Convention or Contract-Programme referred to in Article 22 (2) of the Railway Sector Act.

4. The maintenance of a railway infrastructure, the whole of the operations for the preservation, repair, replacement and technological updating of elements to preserve the railway infrastructures integrated in the Network Railway of General Interest, in conditions of proper operability and security.

5. The operation of the railway infrastructure includes the preparation and publication of the network declaration, the allocation of the infrastructure capacity to the candidates who request it, the provision of additional services, supplementary and ancillary and the control and inspection of the railway infrastructure, the railway infrastructure and the railway service and the railway traffic which is on the railway infrastructure.

6. It is understood by management of the systems of control, circulation and safety of the railway infrastructure, the performance of the activities of organization, the verification, the inspection and the supervision of the ways and means to assure the operation of the systems in charge of the control, traffic and safety of rail traffic.

7. The railway infrastructure manager may, at any time, exercise in respect of the public domain property of his or her ownership or of those whose management has been attributed to him by the State, the powers of administration, defence, police, investigation, deslinde and post-death recovery, being able to perform the administrative certifications of the domain provided for in article 206 of the Mortgage Law, for presentation in the public registers, in order to regularise the cadastral situation and registration of such goods.

8. The railway infrastructure manager shall have the power to establish the land use regime and other immovable property of its ownership, as well as those of ownership of the State whose administration is entrusted to it, where applicable, the authorisations, concessions, leases and other securities to be used by third parties.

9. The railway infrastructure manager is entitled to the goods and rights assigned to him by law or regulation and those who acquire or build on his own resources or through concerted action with other administrations public.

10. The public domain assets owned by the railway infrastructure manager and those in the public domain of the State whose management is entrusted to it which are unnecessary for the provision of services of general interest shall be shall, once they have been affected, incorporate the heritage of the railway infrastructure manager.

Article 42. Entrustment of the administration of railway infrastructure of State ownership.

1. The task of the Ministry of Economy and Finance and the Ministry of Public Works of the railway infrastructure manager of the railway infrastructure management of the State shall include at least:

a) The identification of the infrastructure to be delivered for administration.

(b) The date of the start of the administration activities and, where appropriate, the period of testing necessary to adapt all systems for the commencement of the operation.

c) The bases to be developed in the contract-program in which the required quality levels of the entrusted infrastructure and the cost of managing their administration will be exposed.

(d) Any other obligation that guarantees the satisfaction of the general interest that may be imposed by the Ministry of Public Works.

2. The agreement between the General Administration of the State and the railway infrastructure manager must be formalised in good time so that the latter can adjust its resources to the needs of the administration of the railway infrastructure. the infrastructure to be entrusted to it, as well as the publication of its characteristics in the network declaration. Such an agreement shall be in the form of a contract-programme and shall be in accordance with the terms laid down in Article 44.

3. The administration of successive lines or lines of line shall be carried out by means of an addendum to the contract-programme covering, in the terms referred to in paragraph 1 of this Article, the period of time remaining for the expiry of the the contract is in effect and will be incorporated into the first revision that takes place.

SECTION II. ECONOMIC REGIME OF THE ENTRUSTMENT OF THE ADMINISTRATION OF THE RAILWAY INFRASTRUCTURE OF STATE OWNERSHIP

Article 43. General provisions.

1. The entrustment of administration of the railway infrastructure of ownership of the State, in accordance with Article 22.2 of the Law of the Railway Sector, will take the obligation of compensation, from that, to the administrator of railway infrastructure, management costs according to the required quality levels and the economic conditions to be agreed in the corresponding contract-programme.

2. The amount of the fees paid to the railway infrastructure manager for the use of the State-owned railway infrastructure whose administration is entrusted to it shall be deducted from the amount of the contribution economic that is collected in the corresponding contract-program.

Article 44. The contract-programme for the management of railway infrastructure.

1. The contract-programme provided for in Article 22 of the Railway Sector Law and in Article 42.2 of this Regulation will last four years and will be developed as provided for in the relevant resolution of the consistency and continuity of the management of the State ownership network and the infrastructure to which it affects.

2. The contract-programme shall include the activities to be carried out under cover and its form of financing, the means to be allocated to the railway infrastructure manager and the responsibilities in which it may be incurred. And, without prejudice to Article 68 of Law 47/2003, of 26 November, General Budget, shall at least regulate the following matters:

a) Your date of entry into force, your period of validity, and the procedure for your renewal.

b) The administrative activities that need to be performed and the levels of service that the railway infrastructure manager must offer.

c) The wealth management activities assigned to you.

(d) Any other activity which, being necessary for the holding, has been included in the entrustment,

e) Contributions to the railway infrastructure manager for the exercise of its activity and the possibility of applying increases or decreases depending on the degree of compliance with the objectives imposed on it.

f) The settlement procedure for the program contract.

g) The control and monitoring regime of the contract-program compliance.

h) Any other items deemed convenient by the parties.

SECTION III. ACCOUNTING SYSTEM

Article 45. Accounting system.

The railway infrastructure manager shall apply, in addition to the current accounting rules, a separate accounting system for its activities according to the construction of railway infrastructure, administration of (a) these or the provision of additional, complementary and ancillary services. Within the accounts relating to the administration of railway infrastructure, a distinction shall be made between the railway infrastructure of the railway infrastructure and the ownership of the railway infrastructure, the management of which has been entrusted to it.

The accounting of the infrastructure manager shall be applicable to the General Accounting Plan and the sectoral adaptation which, if necessary, approve the General Intervention of the State Administration.

CHAPTER V

Access to the rail infrastructure

Article 46. Principles applicable to access to the Railway Network of General Interest.

Access to the General Interest Rail Network shall be made on objective, transparent and non-discriminatory conditions, in accordance with the provisions of the Law on the Railway Sector, in this Regulation and in the Order of the Minister Council Regulation (EC) No 79/2014 of the European Parliament and of the Council of 11 July 2014 on the application of the rules of procedure of the European Parliament and of the Council (

(95) 048-C33562002

Article 47. Railway infrastructure capacity.

1. Railway infrastructure capacity is defined as the number of slots that may be available in a section of the railway infrastructure over a specified period of time and depending on the type of traffic.

2. The railway infrastructure manager shall establish, in the network declaration, the available capacity of the railway infrastructure which it administers, in the terms set out in the Ministerial Order referred to in the Article previous.

3. In accordance with Article 30 of the Law on the Rail Sector, the allocation of infrastructure capacity is the allocation by the railway infrastructure manager of the slots defined in the Railway Sector Act. a statement on the network to the relevant candidates, in order for a train to be able to circulate between two points for a given period of time.

4. Railway undertakings, transport operators, shippers and combined transport operators who are authorised and the public authorities with powers in respect of the provision of transport services and who are interested in the the provision of certain rail transport services shall be entitled to request the allocation of infrastructure capacity, in accordance with the procedure laid down by the relevant Order of the Minister for Public Works. They may also, occasionally, request, in the form set out in that Order, the award of that capacity which would not have been awarded in accordance with the ordinary procedure or which, having been so, was not actually used.

5. Where the applicant's capacity is to be used for the transport of dangerous goods, he must express it in the application which he makes, indicating, at the same time, the guarantees he offers under the legislation in order to safeguard the security of third parties and infrastructure.

6. Once a candidate has been assigned, the right to use the capacity cannot be transferred to another railway undertaking. The use of capacity by a railway undertaking operating on behalf of a successful tenderer which is not a railway undertaking shall not be considered to be transferred.

7. In any case, the legal business on the capacity of the infrastructure awarded is prohibited.

Article 48. Capacity reservations.

1. The railway infrastructure manager may establish, in a manner determined by the Ministerial Order referred to in the previous Article, reserves of capacity for the conduct of maintenance or extension of the network, to resolve any problems of congested infrastructure or the provision of rail services of public interest.

2. Capacity reserves shall be included in the network declaration.

CHAPTER VI

Railway infrastructure at ports and airports of general interest

Article 49. Conventions relating to the connection of existing railway infrastructure at ports and airports of general interest.

1. The administrator of the railway infrastructure and the Port Authority of each port of general interest shall hold, after authorization from the Minister of Development, an agreement, as provided for in Article 36 of the Law of the Sector Railway, in which the conditions for the connection of the existing railway infrastructures in the field of the ports of general interest with the Network of General Interest will be established. The convention shall include any other operations of the network and the rules to be respected by the administrator of railway infrastructures for the allocation of the capacity of the existing railway infrastructures in the the scope of ports of general interest.

2. The railway infrastructure existing at any time in the service areas of airports of general interest connected with the General Interest Railway Network shall form part of the railway infrastructure and shall be governed by the general rules contained in the Law of the Railway Sector and in this Regulation, without prejudice to the provisions of the Convention which, in order to coordinate their respective competences, subscribe to the managing body of the airports and the infrastructure manager railway.

3. Existing railway infrastructure in ports which do not have a general interest consideration shall be the property of its holder and, if connected or intended to connect with the General Interest Rail Network, shall apply. the rules to be set out in the appropriate convention.

This agreement will be proposed jointly by the managing body of the port and the railway infrastructure manager and approved by the Ministry of Public Works. It will collect any operational aspects of the network.

Article 50. Agreements with the autonomous communities holding their own railway networks.

In cases where a port or airport of general interest is located in the territory of an autonomous community which has a railway network of its ownership, agreements may be concluded between the holders of the different infrastructures to facilitate interconnection and interoperability between the different networks.

CHAPTER VII

Private-owned rail infrastructure

Article 51. Procedure for granting authorisation for the establishment or operation of private railway lines of ownership.

1. For the establishment or operation of a railway infrastructure of private ownership which runs through the territory of more than one Autonomous Community, it is necessary to obtain the corresponding administrative authorisation in advance. enable for this.

Where the establishment of a private railway line of ownership is appropriate for the general interest, the person concerned may be authorised to use the necessary public domain land and, where appropriate, to acquire the private property through the forced expropriation procedure, in which it will have the status of a beneficiary.

2. The application for authorisation for the establishment or operation of a railway line of private ownership which runs through the territory of more than one Autonomous Community shall be submitted to the Directorate-General of Railways of the Ministry

3. The application shall be accompanied by a project for the establishment or operation of the railway infrastructure, which shall include at least one explanatory note for the purposes pursued by the establishment or operation of the railway infrastructure. infrastructure, with its general and partial plans and the corresponding budgets, of the activity to be performed on the infrastructure, the description of the works and the technical circumstances of their performance to be adjusted to the standards which, in the field of safety and interoperability, are established by the Order of the Minister of Promotion. Where appropriate, the application shall include the relevant environmental impact assessment.

The application for authorisation must be accompanied, where appropriate, by the application for a declaration of public utility or social interest for the occupation of land of public domain and the compulsory expropriation of the land concerned and of the relationship of affected owners and farms.

4. The project for the establishment or operation of the line shall be submitted by the Directorate-General of Railways to the competent bodies of the autonomous communities on whose territory the infrastructure is to be carried out. This report shall be issued, in accordance with Article 37 of the Railway Sector Law, within one month of the request, and shall be deemed to be favourable if it is not referred to in that period. The Ministry of Public Works shall notify the decision to grant or refuse the authorisation within six months of the day following the day following the date on which the application was lodged.

5. The approval decision shall contain at least the technical requirements and the time limit for the implementation of the infrastructure and the conditions to be met by the plan for the operation of the infrastructure, in particular in the field of security and interoperability.

If the line runs on grounds of public domain, the person concerned shall, before the start of the work, provide a security equivalent to 4% of the budget of the works which they have carried out on those grounds. Half of such security shall be returned when the construction of the works is justified in accordance with the authorization, and the remaining part shall be provided as a guarantee of compliance with the operating and operating conditions laid down in the corresponding authority.

6. Authorisations for the establishment or operation of the railway lines of private transport may be granted either for a specified period or for an indefinite period. However, the title of the authorization may lay down the reasons for its revocation, including the fact that the change of the budget in fact that determined its grant may be collected.

In any event, the authorisations may be revoked where, without justified cause, the works are not initiated within one year, remain interrupted this same period or for the same time the provision of the service.

Article 52. Authorization to connect with the General Interest Railway Network the elements of private ownership that complement it.

1. The connection of the railway infrastructure of private ownership, in particular of the parks, with the Network of General Interest, may only be realized when the railway infrastructure manager expressly authorize.

2. The railway infrastructure manager shall, within two months of the submission of the application for authorisation, notify the resolution of the connection of a given private ownership infrastructure with the Network. Railway of General Interest.

3. The authorisation shall lay down the conditions under which the connection of the railway infrastructure of private ownership with the Railway Network of General Interest and the system of construction and operation of the elements of the private ownership which complements the railway infrastructure of State ownership, determining the conditions of both activities and the means of verification of compliance with such conditions.

4. The applicant for the connection with which the authorisation has been granted shall submit to the railway infrastructure manager the constructive project adapted to the conditions laid down in that and the infrastructure operating plan. The railway is intended to be connected to the General Interest Railway Network, in order to ensure that it complies with that network. Otherwise, the railway infrastructure manager shall determine the modifications to be made to the construction project and to the operating plan.

Once the constructive project has been implemented and before the start of the operation of the infrastructure that is intended to connect to the General Interest Railway Network, the applicant must submit to the supervision of the administrator of railway infrastructure, the works executed. After the necessary checks, the railway infrastructure manager shall decide to allow the start of the operation or to require the necessary modifications to be made to the work carried out within the maximum period of one month from the date of is required for this.

5. Where the railway infrastructure manager refuses to start the operation or where there are essential discrepancies with regard to the conditions imposed for the connection, the applicant may refer to the Committee of Rail regulation, which will resolve the matter.

TITLE II

Regime applicable to additional, complementary, and ancillary services

Article 53. Additional services.

1. Additional services are available from the track to existing maintenance, repair and supply facilities on the General Interest Railway Network, and in particular to:

a) Fuel sourcing.

b) Electrification for traction, when available.

(c) Train training, excluding operations on the equipment, which correspond to the railway undertaking.

d) Maintenance and other technical installations.

e) Load terminals and sorting stations.

2. The railway infrastructure manager may reject the demands of railway undertakings only if there are viable alternatives under market conditions. It is understood that there are alternatives when other companies provide the same services under conditions of quantity, quality and frequency sufficient to meet the existing demand.

Article 54. Complementary services.

1. It is complementary services that the railway infrastructure manager can offer to the railway companies, being obliged to lend them to those who request it. Such services can understand:

a) The supply of the traction current.

b) Preheating of passenger trains.

(c) The supply of fuel, manoeuvring service and any other supplied on the premises to which access services are provided.

d) Specific to the control of the transport of dangerous goods and for the assistance to the circulation of special convoys.

2. The railway infrastructure manager shall take care of applications for the provision of such services by any railway undertaking, in accordance with objective and non-discriminatory criteria.

Article 55. Ancillary services.

1. It is ancillary services which railway undertakings may request from the railway infrastructure manager or other providers, without the railway infrastructure manager being obliged to provide them. These services include:

a) Access to the telecommunication network.

b) The provision of supplemental information.

c) Technical inspection of rolling stock.

2. The railway infrastructure manager shall provide these services under free competition.

Article 56. Legal regime for the provision of additional, complementary and ancillary services.

1. The provision of additional, complementary and ancillary rail services on the lines of the General Interest Railway Network and its service areas may be carried out either directly by the infrastructure manager. railway, or other persons or entities which, necessarily, require the obtaining of an enabling title granted by that person.

2. The Ministry of Public Works, acting on a proposal from the railway infrastructure manager, shall, within one year of the entry into force of this Regulation, lay down the requirements for obtaining the title to be provided for the provision of services. of the additional, complementary and ancillary services, as well as the conditions of their provision to ensure the safety and proper use of the railway infrastructure.

TITLE III

Rail transport services

CHAPTER I

General provisions

Article 57. Concept, classes and legal status of rail transport.

1. In the field of application of the Law of the Railway Sector, it is understood by rail transport, that carried out by railway companies using suitable vehicles that circulate through the Network of General Interest.

2. Rail transport is a service of general and essential interest to the community, and it can be of passengers and goods. It is understood by the transport of passengers, persons, and by transport of goods, that of any kind of goods. Rail transport may also be at national or international level.

3. The rail transport service shall be provided on a free competition basis, in accordance with the provisions of the Law on the Railway Sector and its implementing rules and without prejudice to the declaration of public interest which may be made of certain rail transport services in accordance with Article 53 of that Law.

4. Only railway transport services, the business entities holding a railway undertaking licence which, as provided for in the Railway Sector Law and in this Regulation, have obtained the certificate may provide railway transport services. security and the allocation of the necessary infrastructure capacity for this purpose.

5. The fees payable by railway undertakings to their customers for remuneration for rail transport services shall be subject to private law, without prejudice to the application of Article 53 of the Law of the Sector Rail in respect of transport services declared in the public interest.

CHAPTER II

Railway companies

SECTION 1. GENERAL PROVISIONS

Article 58. Railway undertaking.

1. Railway undertakings are the entities holding a railway undertaking licence, the main activity of which is to provide services for the carriage of passengers or goods by rail, in accordance with the terms laid down in the Law of the Sector Railway and this Regulation.

2. Railway undertakings must, in any event, provide traction. Railway undertakings are also considered to be those which exclusively provide traction.

It is understood that traction is provided when ownership of the means that permits this or when it is permanently counted with such means by any title admitted in law that allows its full availability during the period in which the service is provided. This implies that the railway undertaking is responsible, in accordance with the Law of the Railway Sector and its implementing rules, for the fulfilment of all the obligations imposed on it and, in particular, the registration of such means in the Special railway register and compliance with these regulations affecting them, the composition of the train and, where appropriate, the provision of the load on the train.

3. In the event that, for a particular service and exceptionally, a railway undertaking requires the aid or the complement of another in the traction contribution, both of them shall comply with the requirements laid down in the Law of the Sector Rail and its development standards, especially as regards safety in the provision of the service.

4. If a railway undertaking is limited to providing traction services to other railway undertakings providing railway equipment for transport, the former will be responsible for the fulfilment of the obligations under the Rail Sector Law and its rules of law. (a) they shall be responsible for the movement of such equipment and the service which they use, and shall check that the vehicles which make up the trains have been duly authorised and controlled in accordance with the rules of procedure; applicable.

However, the owners of freight wagons or passenger cars which deliver these to railway undertakings for transport must have a liability insurance covering the damage to the railway undertaking. persons, railway infrastructure or third parties which they may cause if they are involved in a railway accident caused by causes attributable to them arising out of the non-compliance with the same rules as those of application.

SECTION II. ARRANGEMENTS FOR THE GRANTING, MODIFICATION, SUSPENSION AND REVOCATION OF LICENCES FOR RAILWAY UNDERTAKINGS

Subsection 1. General Principles

Article 59. Railway undertaking licence.

1. The provision of the rail, passenger and freight transport service shall require the prior procurement of the relevant railway undertaking licence.

2. The railway undertaking licence shall be awarded by the Minister for Development and shall be unique for the entire Railway Network of General Interest.

3. The railway undertaking licences granted by the other Member States of the European Union shall have all their effects in Spain, without prejudice to the provisions of the second transitional provision of the Railway Sector Law.

4. The railway undertaking licence is non-communicable.

5. The Ministry of Public Works, through the Directorate-General of Railways, shall inform the European Commission of all decisions to grant, modify, suspend or revoke the licences of railway undertakings, within the period of 15 years. days following that in which they are dictated.

Article 60. Statement of activity.

1. The entity wishing to obtain the railway undertaking licence shall make a declaration of activity, which shall include the type, characteristics and quantity of the services to be provided.

2. Railway undertakings may not provide rail transport services which are not expressly covered by the railway undertaking's licence, without prejudice to their request, in each case, for the extension or modification of their content.

3. The declaration of activity of railway undertakings shall be recorded in the Special Rail Register governed by Title V of this Regulation and, in the case of railway undertakings intending to carry out rail transport services shall be communicated to the autonomous community in full by the territory of a single autonomous community.

Article 61. Classes of activity of railway undertakings.

1. For the purposes of the above Article, the activity of railway undertakings is classified in the following categories

For the object of the transport service provided.

By the amount of annual traffic.

2. For the purpose of rail transport services, the activity of railway undertakings is classified as:

Exclusive traction.

Rail passenger transport.

Rail freight transport.

Any railway undertaking which is to carry out rail transport of dangerous or perishable goods shall expressly communicate it in its declaration of activity.

3. For the amount of annual traffic, the activity is classified into three levels:

Level 1, when they account for less than one million of the three-km units per year.

Level 2, when they represent traffic between one million and 10 million train-km per year.

Level 3, when they account for more than 10 million units of train-km per year.

Subsection 2. th Requirements for obtaining the railway undertaking license

Article 62. General requirements.

1. The granting of the railway undertaking license, in order to provide any of the services mentioned in the previous article, requires, in any case, that the applicant accredit, as provided for in the Law of the Railway Sector and in this Regulation, compliance with the following requirements:

(a) Revestir the form of a public limited company, in accordance with Spanish law and without prejudice to the established, in relation to the business public entity RENFE-Operadora, in the third provision of the Law of the Railway Sector. In any event, the company must have been established for an indefinite period, its actions must be nominative and shall have as its principal object the provision of rail transport services.

b) Contar with financial capacity to meet its present and future obligations. The financial capacity requirement shall be met if the applicant entity of the railway undertaking licence has economic resources to enable it to deal with the obligations referred to in Article 46 of the Law of the Sector Railway.

c) Ensure the professional competence of your managerial and technical staff and the security of the services you intend to provide.

d) Have civil responsibilities that may be enforceable to you.

2. The entities in which one of the assumptions referred to in Article 45.3 of the Railway Sector Act is present shall not be the holder of a railway undertaking licence.

Article 63. Criteria for assessing coverage of civil liability.

1. In accordance with Article 48.2 of the Law on the Railway Sector, the requirement of coverage of the civil liability of the railway undertaking shall be fulfilled if, at the time of commencement of the activities for which it is entitled to the licence and during its development, it has insurance or a commercial policy covering:

(a) The damage to the passengers, their luggage, the mail or the cargo carried.

(b) Damage to railway infrastructure, to trains and to third parties, persons or property, affected.

2. It is understood that a railway undertaking has sufficient cover to respond to the damage to passengers, their luggage, mail or cargo carried, respectively:

(a) If you are engaged in civil liability insurance or constituted a commercial policy, covering a minimum liability of EUR 900,000 per claim.

(b) If you are engaged in insurance or are a commercial firm covering the loss or damage to luggage, at most, fourteen euro with fifty cents per gross kilogram missing or damaged and up to a maximum of EUR 600 per traveller.

(c) If you agree that, in the goods transport contracts you hold, a clause is included in which the consideration to be satisfied is freely agreed between the parties.

3. A railway undertaking shall be deemed to have sufficient cover to respond to damage to railway infrastructure, to trains and to third parties if it is engaged in an insurance or a guarantee which, respectively:

a) Cover the following quantities:

For damage to the infrastructure: 6 million euros.

For damage to trains: 18 million euros.

For damages to third parties (goods): 1.5 million euros.

b) Cover the death or injury of third parties, in the amount of 450,000 euros per claim.

(c) In the case of rail transport of dangerous goods, the coverage guaranteed by damage to third parties (goods) must be twice as high as those provided for in paragraph 3 (a).

The amounts provided for in this article may be modified, in order to adapt them to new situations, through the Order of the Minister of Public Works.

4. The civil liability coverage of the railway undertaking shall be reflected in a document annexed to the railway undertaking's licence.

5. Railway undertakings which intend to provide services in Spain and whose licence has been granted in another Member State of the European Union requiring a level of risk cover arising from lower than regulated civil liability in Spain. Paragraphs 2 and 3 shall prove that they comply with the provisions of those paragraphs, by supplementing, where appropriate, by means of an insurance policy or supplementary entrenchment, the guaranteed coverage.

6. By way of derogation from this Article, in accordance with the provisions of Royal Decree 1575/1989 of 22 December 1989 on the adoption of the Regulation on the compulsory insurance of passengers, any railway undertaking must be engaged in the the time when it starts the provision of transport services, a compulsory insurance.

Subsection 3. Application of the Railway Enterprise License

Article 64. Submission of the application.

1. The application for a railway undertaking shall be addressed to the Directorate-General of Railways of the Ministry of Public Works. Its content, which shall comply with the provisions of Article 70.1 of Law No 30/1992, shall include the formal assumption by the applicant of the fulfilment of the conditions and guarantees laid down in this Regulation.

2. In order for notifications to applicants to be carried out using telematic means, the person concerned shall be required to have indicated, in his application, that medium as preferential or expressly consented to its use, identifying, in addition, the corresponding e-mail address, which must comply with the requirements laid down by the applicable rules. In this case, the notification shall be deemed to be practised or rejected in accordance with Article 59 of Law 30/1992.

3. The provisions of the above two paragraphs are without prejudice to the possibility provided for in the 11th additional provision of Law 30/1992.

Article 65. Documentation of the railway undertaking licence application.

1. The application for a railway undertaking must be accompanied by the documentation specified in this Subsection. Failure to submit any of the documents relating to it, which may be remedied within 15 days of the date on which the request for a remedy is notified, shall be the cause of the refusal of the licence.

2. Without prejudice to the foregoing, the entity applying for the railway undertaking's licence may, together with its application, provide any other documents which, in its opinion, contribute to the fulfilment of the requirements referred to in the Previous subsection.

The General Directorate of Railways may also request the applicant, as well as the documents or information necessary to complete the submission with the application.

3. For the purpose of identification, the requesting entity shall provide the following documentation:

(a) Writing of the constitution of the public limited company and its social statutes, duly registered in the Trade Register.

b) Power-granting write to act on your behalf.

(c) The relationship of the railway undertaking's partners, with an indication of their shares in the capital, and of the persons who are or will be or will be the directors of the Board of Directors. the company and those who exercise or are to hold managerial positions in it.

d) Statement of activity.

(e) Declaration of services other than those of rail transport that it provides for.

4. Where the entity applying for a railway undertaking is part of an international business group, it shall communicate the composition of the business group to which it belongs and the relationship between the different companies that they integrate. The Ministry of Public Works may require, for this purpose, any additional information it considers relevant.

Article 66. Documentation supporting the ability of the entity to be the holder of a railway undertaking licence.

To prove that it has the capacity to be the holder of a railway undertaking licence, the applicant entity shall provide, together with the application, a responsible declaration that it is not involved in any of the causes of the Inability to be provided by Article 45.3 of the Rail Sector Law.

Article 67. Supporting documentation of the financial capacity.

1. In accordance with Article 46 of the Law on the Railway Sector, the entities applying for the railway undertaking licence shall state, at the time of the application, the figure of their share capital which, for the category of activities requested, does not it must be lower than that required by this Regulation, and shall communicate who the shareholders are, their nationality and their share of participation in the share capital.

2. Among the information to be submitted by the applicant for the licence to accredit that the institution meets the financial capacity requirement, they shall be at least:

(a) The audited accounts of the last two financial years, if it is not a newly created company and, in any case, the provisional accounts for the current financial year.

(b) A five-year economic and financial plan that provides for the forecasts of traffic and revenue and the evolution of the expenditure and sources of financing with which it is counted.

3. If any of the shareholders of the applicant entity is a legal person, the Directorate-General of Railways may also request that the information necessary to know the indirect ownership of the shares be provided to it.

Article 68. Supporting documentation of professional competence.

The applicant for a railway undertaking licence, in order to ensure that he has or is committed to having at the time of commencement of his activities a suitable organisation for the performance of the activities to which he/she is refers to its declaration of activity, with a sufficient degree of security, it shall provide as much documentation as it deems appropriate, including an action plan in which the following data are included:

a) The expected start date of the activities.

(b) The establishment plan of the management and technical staff of the company, with the express indication of those who assume responsibility for railway safety.

c) The five-year action forecast, with the services to be provided.

d) The operating manuals that will be available at the time of the start of the transport activity.

e) The planned evolution of the staff of train drivers and accompanying trains, taking into account the programming of services, the working days in the sector, the maximum driving times set regulations and the time requirements for training to maintain qualifications and qualifications.

f) The expected evolution of the availability of rolling stock, owned, rented or available by any entitled entitled title, taking into account the scheduling of services, commercial speeds, times of loading and unloading and all the aspects that influence its sizing.

g) The communication systems that you plan to implement in order to communicate with the Directorate General of Railways and the railway infrastructure manager, in accordance with the homogeneous criteria set out in the first.

The provisions of this precept may be updated or developed, in accordance with Article 47.2 of the Law of the Railway Sector, by Order of the Minister of Public Works.

Article 69. Documentation supporting the coverage of civil liability.

1. The entity applying for a railway undertaking licence shall, formally, be required to be sufficiently assured, prior to the commencement of the provision of rail transport services, to be responsible for civil liability in respect of which may incur, as provided for in Article 63.

2. In particular, at the time of the application, the entities applying for the licence shall have to present a document supporting the commitment to cover their civil liability. They must also commit:

a) To provide information to users about the amount of compensation applicable in each case.

(b) To indicate whether their liability is to exceed the limits set out in Article 63 of this Regulation.

(c) To submit, where appropriate, to the General Directorate of Railways, the contracts for the carriage of goods.

3. The coverage of the responsibilities set out in this provision may also be guaranteed by means of an endorsement which shall be in the form and for the amount to be established by the Order of the Minister for Public Works.

Subsection 4. The granting resolution, modification, and effectiveness of the railway business license

Article 70. Granting of the railway undertaking licence.

1. The Minister of Public Works, on a proposal from the Directorate General of Railways and after the report of the administrator of railway infrastructures, will decide on the granting of the license of railway company, that will enable for the provision of rail transport services.

2. Upon receipt of the request for a declaration with the required documentation, the Directorate-General of Railways shall forward the file to the railway infrastructure manager so that within 30 days of receipt of the request, the railway infrastructure manager shall: issue report on the above request.

3. The Minister of Public Works shall, within a maximum of three months from the submission of the application for a licence or the requested supplementary documentation, notify the reasoned decision granting or refusing to comply with the requirements, the railway undertaking licence. After that time limit, without any express resolution, the application shall be deemed to be dismissed.

4. Where the company is directly or indirectly controlled by one or more persons domiciled in a State other than a Member of the European Union, the licence may be refused or its effects limited when the railway undertakings Spain or the Community shall not benefit in that State from the right to effective access to the railway service.

5. Against the decision of the Minister for Public Works, the person concerned may, within the prescribed period, bring an administrative dispute.

Article 71. Modification of the railway undertaking licence.

1. Where a railway undertaking wishes to provide rail transport services which involve an amendment of those indicated in its declaration of activity, it shall, before requesting the necessary infrastructure capacity for its the provision, the revision of its licence in order to amend the declaration of activity referred to in Article 60.

2. The procedure for amending the railway undertaking licence shall be in accordance with the procedure laid down in the previous Article.

Article 72. Conservation of the effectiveness of the railway undertaking's licence.

1. The licence shall remain effective as long as the railway undertaking complies with the requirements laid down for granting it in the Railway Sector Law and in this Regulation. It is for the Directorate-General of Railways to verify, at any time, compliance with these requirements.

2. To this end, the General Directorate of Railways may require the holder of a railway undertaking licence to provide all information relevant to verify compliance with the conditions which justified the granting of the license. It may also request a report from the railway infrastructure manager where it considers it necessary and, in any case, in the cases referred to in points (a) and (b) of the following paragraph.

3. In particular, the General Directorate of Railways shall request the information referred to in the preceding paragraph in the following

:

a) Every five years, at least, from the grant of the license or from the completion of the previous verification procedure.

In this case, the Directorate-General of Railways shall communicate to the licence holder the date of commencement of the verification, in order for it to have available the documentation on:

The company's audited annual accounts since the license was granted or since the previous review.

The relationship of the managing bodies of the railway undertaking.

The ratio of the rolling stock used during the said period and the maintenance regime.

The relationship of the driving force and the transport safety officer in the railway undertaking and the training plans it applies.

(b) Where there is evidence of possible non-compliance by a railway undertaking with the required requirements.

In this case, following the timely notification by the Directorate-General of Railways, the railway undertaking shall be required to submit the required documentation within the maximum time limit set out in the notification, which shall not exceed one month.

(c) Where the railway undertaking undergoes any modification of its legal status, in particular in the case of conversion, merger or segregation of a branch of activity, or where a part is acquired (a) a significant proportion of the securities representative of its capital by new shareholders must be communicated to it within the maximum period of one month from the date of the transfer of the securities or the adoption of the relevant agreements by the company's organs; General Direction of Railways.

The Ministry of Public Works will have to decide on the conservation or not of the effectiveness of the license, and may require the railway company to provide the documentation it deems appropriate. The railway undertaking may continue to provide the service, unless the Ministry considers that the modification compromises the safety of the railway traffic, in which case it will agree, in a reasoned manner, to the precautionary suspension of the licence granted until to dictate resolution.

4. Where the Directorate-General for Railways, following the action referred to in the preceding paragraphs, finds that the undertaking has ceased to comply with the requirements laid down, it may initiate the procedure for suspension or revocation of licences to the referred to in the following Subsection of this Regulation.

5. If the Directorate-General of Railways has evidence of the possible non-compliance with the requirements of the Railway Sector Law and this Regulation by a railway undertaking to which the licence has been granted by one authority of another Member State shall, without delay, inform that authority.

6. Railway undertakings shall notify the Directorate-General of Railways within one month of the occurrence of any circumstances which may affect the fulfilment of the requirements of the granting of the licence. or to the conditions under which they are established. In order to keep their licence in force, railway undertakings must submit annually to the said Directorate-General for the permanent verification of their financial capacity, the management memory, the profit and loss account and the balance sheet. take six months after the end of each financial year.

Subsection 5. th Suspension and revocation of the railway undertaking licence

Article 73. Suspension of the railway undertaking licence.

1. The Minister of Public Works, in the cases provided for in Article 50 of the Law of the Railway Sector, may suspend in whole or in part the effects of the licence granted to a railway undertaking. Where the suspension is partial, its scope shall be expressly determined.

2. The suspension of the licence for any of the causes provided for in Article 50 of the Law of the Railway Sector shall not give rise to any compensation in favour of its holder and shall be carried out without prejudice to the fulfilment of the Sanctioning regime is foreseen in the Law of the Railway Sector. The suspension may be agreed for a maximum period of 12 months.

For the purpose of justifying the suspension, the safety and the effective provision of the rail transport service shall be understood to mean that the activity carried out by the licence holder seriously interferes with the its safe operation or put its security at risk.

3. Once the existence of a cause of suspension of the licence is established, the Directorate-General of the Railways will initiate the suspension file and give a hearing for a period of not more than 15 days to the railway undertaking. affected to make the allegations and provide the documents it deems appropriate. Within a maximum of two months from the formalisation of these allegations, a proposal from the Directorate-General for Railways shall be issued and the resolution of the Minister for Public Works shall be notified.

Against the decision handed down by the Minister of Public Works, the person concerned may, within the prescribed period, bring an administrative dispute.

Article 74. License revocation file.

1. The licence granted to a railway undertaking may be revoked in the cases provided for in Article 51.1 of the Railway Sector Law or when they infringe the prohibition on the conduct of legal business on infrastructure capacity. adjudicated.

2. Without prejudice to the provisions of Law No 30/1992 and its implementing legislation, the procedure for the revocation of the licence shall be initiated by the Directorate-General of Railways on its own initiative or on its own initiative or as a result of order. higher, at the request of the railway infrastructure manager or other bodies or by complaint.

The complaint must express the identity of the person or persons who present them, the account of the facts that may constitute a cause of revocation of the license and the date of their commission.

3. Prior to the initiation of the revocation procedure, the Directorate-General of Railways may take action to determine the existence of circumstances which justify it. In particular, these actions shall be aimed at establishing, as accurately as possible, the facts which may be used to encourage the opening of the procedure, the person or persons who may be responsible and the relevant circumstances. are in each other.

4. Under the procedure, the Directorate-General of the Railways may, on its own initiative or at the request of a party, adopt a report from the railway infrastructure manager unless he is the one who has requested the initiation of the the procedure for revocation, the provisional measures which it considers appropriate to ensure the effectiveness of the decision which may be placed on it and the good end of the procedure, in order to prevent the effects of the offence committed and for ensure the general interest.

The provisional measures shall, in any event, be without effect if the procedure is not initiated within the prescribed period or if the initiation agreement does not contain an express statement about them.

The provisional measures, which must be proportional in terms of their intensity and conditions to the objectives to be guaranteed, may consist of the temporary suspension of activities or of the licence, in the provision of of bonding or the removal of rolling stock. No interim measures shall be taken which may cause prejudice to the interests of the persons concerned, which may be difficult or impossible, or which involve infringement of rights covered by the Act.

The provisional measures may be left without effect or modified during the processing of the procedure, either on their own initiative or at the request of a party, under circumstances oversold or which could not be taken into account in the the time of their adoption and shall be extinguished with the effectiveness of the resolution terminating the revocation procedure.

Article 75. The instruction phase of the revocation procedure.

1. Once the initiation of the procedure for the revocation of the licence has been agreed, the railway undertaking concerned shall be notified of it, which shall have a period of 15 days from the date of the notification, in order to provide any claims, documents or If necessary, it should be considered appropriate and, if appropriate, to propose a trial period by specifying the means to be used. If the allegations have been received or the deadline has elapsed, the General Directorate of Railways may agree to the opening of the probationary period.

2. The proposal for a reasoned decision to be submitted by the Directorate-General for Railways shall have one of the following:

a) The dismissal of the revocation file.

(b) The extension of the period granted for the commencement of the activities up to eighteen months from the date of the granting of the licence, if the exhaustion of the initial six months were the sole reason for initiation of the revocation file.

(c) The suspension of the licence, for a maximum period of one year, where the cause of the file is the interruption of the activity for a period exceeding six months or a very serious infringement of the activity has been committed. Article 88 of the Law on the Rail Sector.

(d) The granting of a temporary licence, with a maximum period of validity of six months, where the cause of the file is the failure to comply with the requirements for financial capacity and provided that there are reasons of general interest and do not compromise the safety of the rail service.

e) Revocation of the license.

3. The motion for a resolution shall be notified to the parties concerned, giving them a period of 15 days from the notification, in order to make representations and to submit the documents and information they deem relevant to the Directorate-General for Railways which, in the light of them, will forward the action, in accordance with the provisions of article 51.2 of the Law of the Railway Sector, to the Minister of Public Works, together with all the documents, allegations and information in the file.

The motion for a resolution will be elevated to the Minister of Public Works.

Article 76. Termination of the revocation procedure.

1. Within one month of receipt of the motion for a resolution and the file dealt with, the Minister for Public Works shall give a reasoned decision, which shall be notified to the undertaking holding the licence.

Against the decision handed down by the Minister of Public Works, the person concerned may, within the prescribed period, bring an administrative dispute.

2. If, after six months from the start of the file, the decision to terminate the file has not been notified to the parties concerned, it shall be revoked. In such a case, the Ministry of Public Works shall issue, at the request of the person concerned, a certificate stating that the procedure has expired and that the proceedings have been filed.

3. The revocation of the railway undertaking's licence shall not give rise to any compensation in favour of its holder and shall take effect without prejudice to the application, where appropriate, of the system of penalties provided for in the Railway Sector Law.

4. The content of the provisions of Articles 73, 74 and 75 may be updated or developed, as provided for in Article 51.3 of the Law on the Railway Sector, by Order of the Minister for Public Works.

5. As not provided for in the Law of the Railway Sector, in this Regulation and in the regulatory provisions: that, to the effect, the revocation of the license will be adjusted as provided for in Title VI of Law 30/1992.

Article 77. Enforceability of the resolution of suspension or revocation of the railway undertaking licence.

The resolution that decrees the suspension or revocation of the railway company license shall be immediately enforceable, shall be communicated to the railway infrastructure manager and shall be entered in the Special Register Railway.

SECTION III. CONTENT OF THE RAILWAY UNDERTAKING LICENCE

Article 78. Content of the railway undertaking licence.

1. The document forming the railway undertaking licence shall include the rights and obligations of the railway undertaking.

2. The holders of railway undertaking licences are entitled to:

(a) Request the award of capacity necessary for the provision of rail transport services on the General Interest Rail Network.

b) Use the capacity that has been awarded to them, after obtaining the corresponding security certificate.

c) Use the tracks and platforms of the stations and terminals of the General Interest Rail Network for the parking of their trains and the carrying out of loading and unloading operations.

d) Use the path or axis width exchangers.

e) Use the paths for the parking of the rolling stock and for the manoeuvring and loading and unloading operations.

(f) Use, after payment of the corresponding fees, the ancillary, additional and complementary services provided by the administrator of the railway infrastructure or third parties duly authorised.

g) The access of its personnel, duly identified with an accreditation issued by the railway infrastructure manager, to the railway facilities in which they perform their activities.

h) Perform the surveillance functions that you attribute to the current order.

i) perceiving the fees to be paid to users.

j) Complement the rail transport service with others that are provided in a different way, either by itself or by contracting it with a carrier or, where appropriate, a transport operator.

k) Develop complementary and inherent activities to transport logistics.

I) Accuse the Railway Regulatory Committee if they are deemed to be harmed by any actions they consider to be contrary to law, in accordance with Article 83.3 of the Rail Sector Act.

3. The holders of railway undertaking licences shall, in the provision of the transport service, observe the following requirements and obligations:

(a) comply with the instructions given by the Ministry of Public Works or by the railway infrastructure manager with respect to the conditions for the provision of the transport service and its quality and safety standards.

b) Meet security standards and, in particular, those contained in the General Circulation Regulation.

(c) Facilitate control and inspection by the Ministry of Public Works and the railway infrastructure manager.

d) Report and collaborate with the Directorate General of Railways and the railway infrastructure manager, when required, in accident investigation.

e) to make available to the railway infrastructure manager the resources which it considers appropriate and to provide the railway infrastructure manager with the necessary cooperation, in accordance with the contingency plan which is prepare for accident, technical failure or any other incident that disturbs rail traffic.

f) Make good use of the railway infrastructure so that it is maintained in an ideal state of conservation.

g) To issue to the Ministry of Public Works and the railway infrastructure manager how much information and documentation is required, in accordance with the provisions of the Law of the Railway Sector and its implementing rules. Such information may only be used for the purposes that prompted the licence application and shall be confidential when determined by the rules in force at any time. The Ministry of Public Works and the railway infrastructure manager may not disclose any information relating to railway undertakings which is covered by commercial or industrial secrecy.

(h) To guarantee users the rights which, as such, correspond to them, in accordance with Article 59 of the Law of the Railway Sector, as well as the fulfilment of the other public obligations in the provision of the service when determined by the Council of Ministers, as provided for in Article 53 of the Law on the Rail Sector.

i) Ensure that the public is aware of the fees they apply to their customers for remuneration for the railway services provided.

(j) permanently comply with the conditions required for obtaining the railway undertaking licence and the security certificate.

k) Meet the obligations of liability coverage referred to in Article 63.

i) To satisfy the fees, fees and charges to which they are subject, in accordance with the provisions of Title V of the Law on the Railway Sector and its development regulations.

m) To comply with the applicable agreements on international rail transport and to respect the provisions in force, at any time, in customs and tax matters.

CHAPTER III

Other candidates other than railway companies

Article 79. Classification and definition of other candidates other than railway undertakings.

They will have the consideration of candidates other than railway companies for the allocation of railway infrastructure capacity:

a) The chargers that are the owners of the goods or who, in their representation, deliver the goods for their transport.

(b) The transport agents of passengers or goods which are the entities that contract the transport with the railway undertakings.

c) The combined transport operators that are the entities acting as carriers in one or more tranches of the transport chain and can be transport agents in the rest of the transport chain, to complete the route of the transport source to the target.

(d) Public Administrations with responsibilities for the provision of transport services and which are interested in the provision of certain rail transport services.

Article 80. Enabling title required to request the allocation of infrastructure capacity.

1. Transport agents, shippers and combined transport operators can request and obtain capacity for railway infrastructure, provided that they make a declaration of activity and have a specific rating.

2. The rating shall be valid for the entire national territory and shall empower these candidates to request, exclusively, the capacity necessary for the operation of the rail transport service in which they are interested in their connection. direct with the exercise of their activity.

3. Such candidates may not give up the capacity allocated to them. For the purposes of Article 47.6, the use of capacity by a railway undertaking operating on behalf of a successful tenderer which is not a railway undertaking shall not be considered to be transferred. In this case, the capacity utilisation shall be carried out for the purpose of carrying out the own purposes of the activity of the charger, transport agent or combined transport operator which has received the capacity allocation.

4. The Public Administrations referred to in the previous Article shall not specify to request the allocation of railway infrastructure capacity of the enabling title regulated in this article. However, they shall inform the Directorate-General of Railways, in advance of the request for capacity, of their interest in the provision of certain rail transport services to be registered in the Register. Special Railway Regulated in Title V.

Article 81. Enablement classes.

1. The ratings to operate as other candidates are classified, according to the rail transport services on whose exploitation they are interested and for which they are to apply for capacity, in:

a) For the transport object:

Passenger rail transport services.

Rail freight services.

b) By the volume of traffic for which you intend to request capacity annually:

Level 1, when they enable to circulate between 50,000 and 100,000 units of tren-km per year.

Level 2, when they enable to circulate between 100,000 and one million units of tren-km per year.

Level 3, when they enable to circulate more than one million units of tren-km per year.

2. Due to the activity of the candidates, the following limitations of access to the ratings referred to in the previous paragraph are established:

(a) Loaders, freight agents and combined transport operators shall only be eligible for rail freight ratings.

(b) Passenger transport operators shall only be eligible for the rail transport ratings of passengers.

Article 82. Requirements for obtaining the enablement.

To obtain the ratings referred to in the previous article, the following requirements must be met:

a) Revestir the form of a public limited company, in accordance with Spanish law, being of indefinite duration, and its actions of a nominative character.

b) Not to be incurred in any of the causes of incapacity to be the holder of a railway undertaking licence, which are set out in Article 45.3 of the Railway Sector Law.

c) Make an activity declaration, indicating the type of service and the amount of annual traffic for which you plan to request capacity.

(d) Guarantee the request for capacity for a minimum quantity of annual traffic, expressed in trains x Km, which is derived directly from the level of traffic allocated in its declaration of activity and which may in no case be less than 50,000 trains x Km.

e) Dispose, at the time of the start of their activities, of operational communication systems, with the Directorate General of Railways and with the administrator of railway infrastructures, able to reach both information under appropriate conditions of speed and reliability.

f) Dispose of a minimum social capital of 250,000 euros when the rating is for a level 1 of traffic, of 500,000 euros for a level 2 and of 1,000,000 euros in case of a level of traffic 3.

g) Dispose of sufficient resources to address fixed and operating expenses arising from operations resulting from their activity.

h) Have civil responsibilities that may be enforceable to you.

Article 83. Request for the enablement.

1. The request to be eligible to act as a candidate will be addressed to the Ministry of Public Works ' Directorate-General of Railways in compliance with the requirements set out in the previous article.

2. The application for authorisation as a candidate shall be accompanied by the documentation specified in the following paragraphs and any other documents which, in the opinion of the applicant, contribute to the fulfilment of the requirements listed in the previous article. The absence of any of the documents indicated, the lack of which may be remedied by the applicant within a period of 15 days from the date on which the Directorate-General of Railways requires it, shall be sufficient grounds for the refusal of the enablement.

3. For the purpose of the proper identification of the undertaking aiming to achieve the qualification as a candidate and, where appropriate, of its representatives, the following documentation shall be submitted:

(a) Writing of constitution and social statutes entered in the Trade Register.

(b) Credit documentation of the personality of the petitioner and, if he appears through a representative, of the sufficient power of the petitioner and his/her personality.

(c) Relationship of company partners with indication of their shares in the share capital, and of persons who are or will be members of the Board of Directors, or are or will be managers of the company and of those who exercise or are to hold managerial positions in it.

d) Documentation that accredits the object and activity of the company.

e) Documentation that accredits the civil liability coverage you have.

4. For the purposes of justifying the ability to hold a rating, the applicant shall comply with the provisions of Article 64 for the application for a railway undertaking licence.

5. The applicant for the rating shall present a memory of the activity carried out during the last two completed years and a business plan in accordance with its declaration of activity and with the capacity of railway infrastructure provided for in this Regulation. to be used within two years of obtaining the enablement.

6. The companies applying for the rating shall state that their share capital, at the time of the application, is not less than that established for each type of activity in the previous article. They shall inform, as appropriate, of their extensions, both those made and those envisaged, including amounts, subscribers, percentages of disbursement, dates and any other relevant data and shall indicate the shareholders and specify their nationality, residence and participation fee.

7. The latest internal, analytical and financial accounting, and audited accounts for the last two closed exercises.

8. Accounting results for the financial year in which the application is submitted and the following two.

Article 84. The resolution of granting, modification of the rating and its effectiveness.

1. It is for the Minister of Public Works to grant the right to act as a candidate for the award of capacity to the transport agents, shippers and operators of combined transport, following the procedure established for the the granting of the railway undertaking's licence in paragraphs 1 to 4 of Article 70. The following shall be recorded in the Special Register of Railway Regulated

Title V.

2. In the event that a candidate wishes to make a substantial variation of the activity for which he has initially been enabled, he/she will have to request the review of his or her rating three months before requesting infrastructure capacity in order to extend or amend the declaration of activity referred to in Article 81

The request to modify an enablement will be processed by the same procedure set for obtaining a new enablement. The documentation to accompany the application shall be sufficient to express all the variations produced and to assess the effects thereof.

3. The authorisation shall be valid for a period of five years, but may be extended in accordance with the terms and conditions laid down by the Minister for Development. It is for the Directorate-General of Railways to check, at any time, that the applicant has complied with those requirements. To this end, the General Directorate of Railways may require the provision of all the information necessary to verify the maintenance of the conditions for granting the licence.

Article 85. Suspension and revocation of the enablement.

1. The Minister for Public Works may, in accordance with the same procedure laid down in Article 73 for the suspension of the railway undertaking's licence, suspend in whole or in part the effects of the candidate's entitlement, when the failure to comply with any of the conditions required for granting it.

2. The suspension of an authorisation pursuant to this Article shall not give rise to any compensation in favour of its holder and shall be carried out without prejudice to the possible application of the sanctioning regime laid down in the Law of Railway Sector.

3. The enablement granted to a combined transport operator, loader or transport operator may be revoked in the following cases:

(a) Failure to comply with the requirements set out in the Railway Sector Law and in this Regulation for its granting.

In the cases referred to in Article 45.3.a) of the Railway Sector Law, only the revocation of the rating shall be effected if the persons concerned do not cease to be charged within a maximum of one month from the date of notification. of the requirement that the Ministry of Public Works be directed to them.

(b) The commencement of the insolvency proceedings, unless the Ministry of Public Works has established its financial viability. The candidate shall inform the Ministry of Public Works of the judicial decision of the declaration in court of insolvency within two days after being notified.

c) Obtaining enablement by virtue of false statements or by other irregular means.

d) The occurrence of any of the causes of the forced dissolution of the entity provided for in Article 260 of the Recast Text of the Law of Companies, approved by Royal Decree 1564/1989 of 22 December 1989.

e) The imposition of a penalty as provided for in the third paragraph of Article 91 of the Rail Sector Law.

(f) Not having started, for reasons of the imputable, the activity of transport, or contracting of transport with railway undertakings, within twelve months after the date of the notification of the granting of the rating. However, the Commission may request the establishment of an extension of this period for the commencement of its business. The extension shall be granted, where appropriate, in accordance with the circumstances and shall not exceed 18 months.

4. The initiation of a revocation file for the candidate rating, for any of the reasons referred to in the previous paragraph, may be produced:

a) As a result of the inspector general's work.

b) At the request of the railway infrastructure manager.

c) At the request of third parties, by filing the appropriate complaint.

5. Applications for the initiation of a revocation file for a candidate's rating shall be submitted to the General Directorate of Railways, in accordance with Article 74.2 for the revocation of licences granted to undertakings railway. Similarly, the instruction of the revocation procedure, its completion and the execution of the agreement shall be in accordance with Articles 74 to 76.

CHAPTER IV

The provision of rail transport services

SECTION I. PASSENGER RAIL TRANSPORT SERVICES

Article 86. Access to passenger transport services.

1. Persons who have a transport title which enables them to travel may use the rail transport service provided in accordance with the Railway Sector Law. Children under the age of four, who do not occupy a place, do not need a transport title.

2. Railway undertakings may place their transport services on the market by setting different classes on the same train, depending on the space available per square, the characteristics of the train and the complementary services provided.

Article 87. The transport title.

1. The title of transport or ticket is the document that formalizes the contract of transport between the railway undertaking and the traveller. Its content must be in accordance with this article.

2. The transport title shall express at least the following:

(a) The determination of the railway undertaking (s) to carry out the transport.

b) The origin of the trip and time of departure.

c) The arrival destination and time.

d) The transhipments that might occur with change of train specifying place and time.

e) The car, class, and square number.

f) The weight and volume of the baggage admitted.

g) The price of the transport, specifying that it includes all fees.

h) The billing price, if any, of the baggage.

i) Information about insurance or other commercial hobbies that the service has covered.

j) The time limit for billing, if any, or for presentation in security controls for access to transport vehicles, if the railway infrastructure manager has established it.

In the vicinity services, the expressions referred to in the time of departure and arrival of points (b) and (c), respectively, and those contained in points (d), (e), (f), (h), (i) and (j) may be omitted.

3. By way of derogation from the above paragraph, railway undertakings may make changes to the content of the transport title referred to in the preceding paragraph or to issue other types, provided that the General Directorate of Railways.

4. Railway undertakings shall, in any event, be required to make known, in advance of their purchase by the users, the existence and content of the general conditions governing the various transport certificates.

5. Where the transport contract between the railway undertaking and the passenger is formalised by electronic means, the railway undertaking shall provide the traveller with all the information referred to in paragraph 2 of this Article.

Article 88. Responsibility of the railway undertaking.

1. The railway undertaking offering passenger rail transport services is obliged to carry out the contracted transport with the intended duration.

2. Except as a result of force majeure, the railway undertaking is responsible for the passenger, in the terms set out in the following Article, in the case of:

a) Cancellation of the trip.

b) Interrupt travel.

c) Delay.

d) Loss, subtraction or deterioration of the baggage that has been delivered to you for safekeeping.

For the purposes of the following Article, the cancellation of the trip shall mean the impossibility of starting the journey under the conditions set out in the transport title. In addition, the cessation of the trip shall be deemed to be interrupted while the trip is taking place.

3. The railway undertakings shall inform their customers of the existence of insurance policies or the hobbies which they have engaged in to ensure the damage suffered by the passengers.

Article 89. Compensation to travellers.

1. Railway undertakings are obliged to compensate the passenger when any of the circumstances set out in the preceding article are produced.

2. The railway undertaking is obliged to compensate the passenger in the following terms:

(a) In the event of cancellation of the trip, the traveler shall be entitled to be returned to the price paid for the service.

If the cancellation takes place within forty-eight hours before the start of the journey, the railway undertaking shall be obliged, at the choice of the traveller, to provide it with transport on another train or other transport, on terms equivalent to the agreed terms or return the price paid for the service.

When the traveller is informed of the cancellation of the journey within four hours of the time of the start, he shall also be entitled to compensation from the railway undertaking consisting of twice the amount of the transport title.

(b) In the event of an interruption of the journey, the railway undertaking shall be obliged to provide the passenger, as soon as possible, with transport on another train or other mode of transport, under conditions equivalent to those agreed.

In addition, in the event that the interruption time is longer than one hour, the railway undertaking shall be obliged, if appropriate, to cover the costs of living and lodging the traveller for the duration of the period of the interruption.

(c) In the event of delay in arrival at destination for more than one hour, the traveller shall be entitled to a pecuniary compensation equivalent to 50% of the price of the transport title used. Where the delay exceeds the hour and thirty minutes, the pecuniary compensation shall be equal to the total of that price.

(d) The liability of the railway undertaking for damage, loss or damage suffered by the baggage which would have been invoiced shall be EUR 14 with 50 cents per gross kilogram missing or damaged, up to the maximum amount of EUR 600 per traveller. This amount will be updated annually on the basis of the Consumer Price Index (CPI).

3. Cancellation or interruption of the service contracted by persons with disabilities or reduced mobility in the cases provided for in the second subparagraph of point (a) or (b) of the previous paragraph, the mode of transport offered to them must meet the same accessibility conditions as the one.

4. In any event, any traveller may claim by court or, eventually, arbitration, damages that the cancellation of the trip or the delay on arrival at the intended destination will cause him.

Article 90. Exclusion of travellers.

1. The railway undertaking is entitled to exclude from its transport vehicles passengers who, with their conduct, alter the order within them or endanger the safety of transport.

Access to transport vehicles and to boarding and waiting rooms may also be refused to persons who do not undergo the security checks established for the access of passengers to vehicles.

2. Without prejudice to any penalties which may be imposed by the infringements which have been committed, the excluded passengers shall not be entitled to reimbursement of the price paid for the transport title.

3. In the event that the railway undertaking's staff check that a particular traveller travels without the ticket which he or she enables to do so, it will require the passenger to pay the price and, if not, to leave the train at the end of the station in which it will be parked or, if it is in transit between two stations, at the first stop. This is without prejudice to the application of the eventual penalty provided for, to that effect, under the general conditions for the transport of duly approved passengers and the application of the provisions of Article 90.1 of the Law. of the Railway Sector, prior to the instruction of the corresponding sanctioning procedure.

SECTION II. RAIL FREIGHT SERVICES

Article 91. Access to freight transport services.

1. Railway undertakings may offer their different types of rail transport services.

2. The chargers and the recipients of the goods which are responsible for the delivery or collection of the goods at a railway terminal must be authorised to enter the terminal with the appropriate vehicles provided it is covered, by the relevant insurance, the civil liability in which they may incur the damages they may cause.

Article 92. The transport title.

1. The title of transport or transport document is the document which formalises the contract of carriage between the railway undertaking which carries out the goods transport service or another candidate and the customer. Its content shall be in accordance with the provisions of this Article.

2. The transport title can only be used for the contracted transport service and serves as a safeguard to remove the goods at destination.

3. In addition to the specifications that each railway undertaking incorporates, the title of freight transport shall necessarily contain the following information:

(a) The railway undertaking or undertakings through which the transport will be carried out.

b) Loader or transport agent.

(c) Place and conditions of delivery of the goods to the railway undertaking or its representatives with an indication of the date and time provided for it.

d) Recipient of the merchandise.

e) Place and conditions of delivery of the goods to the consignee with indication of the date and time foreseen for this.

f) Characteristics of the merchandise and weight and volume thereof.

g) Transport price, specifying that it includes all taxes and fees.

(h) Insurance or other commercial hobbies covering the damage or loss of the goods and any limitation of the responsibility of the railway undertaking.

4. By way of derogation from paragraph 3, railway undertakings may amend the content of the transport certificates by others, provided that it is authorised by the Directorate-General for Railways.

5. Where the transport contract between the railway undertaking and the customer is formalised by electronic means, it shall provide the customer with all the information listed in paragraph 3.

Article 93. Responsibility of the railway undertaking.

1. The railway undertaking offering rail freight services is obliged to carry out the contracted transport in the time provided for and in accordance with the conditions agreed in the contract.

2. Railway undertakings must provide the customer or the consignee of the goods with information as to the specific circumstances in which they are located, as well as any changes in the provision of the goods. of the transport service.

3. Except in cases of force majeure, the railway undertaking is responsible for the loss, theft and deterioration of the goods entrusted to it for transport.

Article 94. Limit of liability.

1. In the event of cancellation or interruption of a service for reasons of which it is attributable, the railway undertaking is obliged to provide the transport of the goods on another train, by means of another mode of transport, or to return the amount paid by the railway undertaking. client, at the client's choice, without prejudice to the compensation to which there is a place.

2. Unless expressly agreed otherwise, the liability of carriers of goods for damage, loss or damage suffered by carriers shall be limited to a maximum of EUR 4 with 50 cents per kilogram. gross that is missing or damaged. This amount will be updated annually on the basis of the Consumer Price Index (CPI).

3. Where higher limits or liability conditions other than those provided for in the previous paragraph are agreed, the railway undertaking may, as a consideration, apply for an additional amount on the price of transport. The amount of such additional charge shall be freely agreed by the parties.

SECTION III. SERVICES DECLARED IN THE PUBLIC INTEREST

Article 95. Rail transport services of public interest.

1. By agreement of the Council of Ministers, the provision of certain rail transport services on the lines or sections of the Railway Network of General Interest may be declared in the public interest where their benefit is It is necessary to ensure the communication between different locations in the Spanish territory. It will not be carried out under the appropriate conditions of frequency and quality. This declaration may be made on its own initiative or at the request of the autonomous communities or local authorities concerned.

2. Declared to be of public interest the provision of a particular rail transport service, railway undertakings may only provide it after obtaining the relevant authorisation.

3. In accordance with the provisions of Article 53.5 of the Law of the Railway Sector, the regime of the authorizations to provide services of public interest to the public will be established by the Order of the Minister of Public Works.

SECTION IV. RIGHTS AND OBLIGATIONS OF USERS

Article 96. User rights.

1. Users of rail transport services shall be entitled to their use in the terms laid down in the rules in force and, where appropriate, in the contracts they conclude with railway undertakings.

2. Users of rail passenger transport services shall enjoy the following rights

(a) Access to the publication by the railway undertakings, in good time, of the timetable of services and the prices corresponding to them.

(b) To contract the provision of the railway service from or to any of the stations on which passengers are received or stoned. For these purposes, railway undertakings may provide their services between any stations on the route they cover.

c) To receive the service in the appropriate security conditions, satisfying, if applicable, the prices that correspond according to the applicable rates and fees.

d) To conclude with the railway undertaking a contract of transport adjusted to the provisions of Law 26/1984 of 19 July of the Defence of Consumers and Users.

e) To receive the goods and luggage in the same state in which they were delivered.

f) To be informed of established procedures to resolve disputes that may arise in connection with rail transport.

g) To be compensated for any damages caused to them, in the event of non-compliance by the railway undertaking with the obligations that correspond to them, in accordance with the provisions of this Regulation.

h) Other than to recognize the existing rules.

3. Users shall also be entitled to make claims for any breach of the contract of carriage produced during the provision of a passenger or freight transport service and may direct them to any of the the commercial offices of the railway undertaking which has provided it within one month from the fact that they were aware of the fact that the reasons were given.

In addition, users will be able to urge the defense of their claims, in the terms provided for in the legislation in force, before the Arbitration Boards of Transportation, before the Arbitration Boards of Consumption and, in any case, before the ordinary jurisdiction.

Article 97. User obligations.

1. Users must take care of the information provided by the railway undertakings in relation to the correct provision of the service, as well as the information provided for this purpose in the posters placed on the premises and in cars and must have, for the duration of service delivery, of the transport title that enables you to receive it.

2. The obligations laid down in the contracts for the carriage of passengers or goods by rail, which shall be approved by the Administration, shall be complied with by the users.

They must also respect the measures which, in the field of civil protection and security, establish the competent bodies in respect of railway infrastructure.

SECTION V. CLAIMS BOOK

Article 98. Model.

1. The railway infrastructure manager and railway undertakings shall have a claim book, which shall conform to the model set out in the Annex to this Regulation.

2. The model of the book of complaints may be modified or adapted to each type of service by the Order of the Minister of Public Works.

Article 99. User access.

1. The railway infrastructure manager shall have at the disposal of the users a book of complaints in all facilities where services are provided to the general public and, in particular, to stations and terminals.

2. Railway undertakings shall be obliged to have a duly completed book of complaints at the disposal of the users, in the following places:

a) In the fixed installations of your entitlement where transport titles are expunged.

(b) On all trains which carry out passenger transport services and which have staff of the railway undertaking in addition to the driving train.

c) In all passenger and terminal stations of goods in which the company has personnel at its service.

d) At all check-in points and baggage delivery.

Article 100. Formalities.

1. The obliged entities shall present the book of complaints to the Directorate-General of Railways for their diligence and shall duly complete their data.

2. The book of complaints will be free to edit and will consist of several copies of correlatively numbered claims sheets. Each claim sheet shall be made up to four copies of the same numbering and shall have the following destination:

(a) The first copy must be sent to the body which completed the book of complaints.

(b) The second and third shall be delivered to the claimant, who may refer the latter to the body which, in each case, corresponds, if deemed appropriate.

c) The fourth a will be retained by the entity and will be joined to the claims book, for its constancy.

Article 101. Claim formulation.

1. Each complaint shall be made in writing in the book, including the facts which are the subject of the complaint, the name and the surname of the claimant, the number of his national identity document, his address for the purposes of notifications and his/her address. signature, as well as the place and date of the claim.

Any other data that you consider to be of interest to the best knowledge of the claim may be entered by the claimant, including the identification and signature of an eyewitness of the made claim object.

2. The holders of services and activities shall be obliged to provide the book of complaints to users upon request for the purposes set out in this Article.

Article 102. Procedure.

Made a claim by the user, the entity obliged to its conservation will give you the copies of the corresponding sheet destined to the claimant and, within thirty days, will transmit to the organ that completed the book claims the copy of the sheet to the intended, in union of the report or the arguments which it considers appropriate on the facts reported by the claimant himself, and shall indicate whether he accepts or rejects the complaint. The person concerned, in accordance with Article 37 of Law No 30/1992, shall have the right to access the documents which form part of the file to which his complaint is based.

Article 103. Diligent of the books.

The diligent of the second and successive claims books for the same vehicle, service or activity will require the return of the previously completed book, unless the impossibility of doing so.

Article 104. Label.

In all places where it is mandatory to have a claim book there will be a perfectly visible sign that specifies that circumstance.

CHAPTER V

Safety regime in rail transport

Article 105. Security certificate.

1. The safety certificate is a document issued by the Ministry of Public Works or by an entity empowered by the Ministry of Public Works, which allows the provision of services on the General Interest Rail Network and on which the conditions are set Railway undertakings wishing to provide a rail transport service for passengers or goods must comply with systems for the control, movement and safety of the railway, knowledge and requirements of the driving and/or technical characteristics and maintenance of rolling stock, and in any other resulting from the provided for in this Regulation and in its implementing rules.

Railway undertakings shall be obliged to comply at all times with the conditions laid down in the safety certificates. Failure to comply with these conditions shall determine the revocation of the security certificate, without prejudice to the application of the sanctioning regime contained in the Railway Sector Law.

The safety certificate shall be granted to the railway undertaking in respect of all the services to be provided and the lines on which it intends to carry out its activity, and must be requested by the railway undertaking before carrying out the request for the allocation of capacity to the railway infrastructure manager. Railway undertakings must obtain the safety certificate before the requested infrastructure capacity is awarded to them.

2. The security certificate shall consist of two distinct parts:

(a) The first, concerning the verification that the railway undertaking has a safety management system.

b) The second, for the lines on which it intends to carry out its activity, corresponds to the verification of compliance with the requirements of the Law of the Railway Sector in this Regulation and the other rules that develop that in respect of the rail traffic, the driving staff and the rolling stock.

3. The notification of the decision granting or refusing the security certificate shall be given within a maximum period of four months from the date of the submission of the application by the railway undertakings to which the documentation shall be accompanied. required by the Law on the Rail Sector and this Regulation. Such documentation shall include the evidence of the following:

1. No, which warrants that the railway undertaking has a security management system, which shall be grouped as follows:

a) In relation to the business organization:

(i) The existence of safety criteria and objectives approved by the management bodies of the organization and communicated to all its personnel, the existence of a department dedicated to the management of security in circulation and plans to achieve these objectives.

(ii) The establishment of an appropriate distribution procedure for such information within the business organization.

(iii) The existence of procedures to meet the technical and operational standards set out in the technical specifications for interoperability and in any other applicable national security standard and for carry out the risk assessment and implement control measures whenever there is any change in the operational conditions or a new type of material is used.

(iv) The provision of mechanisms to carry out the distribution of information, in terms of security, within the organisation or between organisations operating on the same infrastructure.

(v) The procedures and formats for how security information is documented.

(vi) The existence of mechanisms to carry out internal audits in relation to the security system and to ensure that accidents and incidents are reported, investigated and analysed and a contingency plan agreed with the railway infrastructure manager.

(vii) The existence of procedures to ensure compliance by the suppliers and subcontractors of the railway undertaking, of the technical and operational standards required.

b) In relation to the driving personnel:

(i) The availability of resources and resources to ensure the continuous training of staff.

(ii) The availability of approved physical and physical control centers of the driving personnel and the means and procedures for carrying out the test.

(iii) The availability of means and resources to enable random control of alcoholism and drug addiction.

(iv) The scheme to be applied to the granting of driving licences and their renewal, indicating the training to be provided and the evidence to be exceeded.

c) In relation to the rolling stock, the availability of maintenance plans and approved centres to carry them out.

2. " Those that allow to accredit, in respect of the lines on which it intends to operate, the fulfillment of the requirements required in the Law of the Railway Sector, in this Regulation and in the other norms that develop that, in relationship to the railway movement, the driving staff and the rolling stock.

In the light of the documentation provided, or of which the applicant submits as a supplement if required for this purpose, it shall be settled on the granting or refusal of the security certificate.

The resolution granting the security certificate will have full effects since it is issued. The decision rejecting the decision shall be reasoned and may be referred to the Committee for Railway Regulation. In the face of the resolution of the Committee on Railway Regulation, the interested parties will be able to file, according to the provisions of article 83.5 of the Law of the Railway Sector, an appeal to the Minister of Public Works.

For the purposes of this Article, the non-resolution, within two months of receipt of the documentation, by the competent body in respect of the application for the granting of the security certificate shall determine their refusal.

4. The Directorate-General of Railways or, where appropriate, the authority authorised by the latter, shall carry out the necessary checks to verify compliance by the railway undertakings with the safety standards and shall carry out the relevant tests for Note that your staff meets the requirements set out in the Order that the Minister of Public Works gives to the effect.

The over-come regulatory change or new security requirements will allow for the revision of the certificate granted.

5. The term of validity of the security certificate shall be five years. It may be renewed for successive periods of time, provided that the conditions for granting it are met.

Article 106. Extending the security certificate.

Where a railway undertaking has obtained a safety certificate and wishes to provide services of the same type as it does on a new route, it may request the extension of the certificate, for which it must submit the documentation referred to in paragraph 3.2. of the previous Article. The procedure will be the same as the one for granting the security certificate.

Article 107. Revocation of the security certificate.

1. Railway undertakings shall in any event comply with the conditions laid down in the safety certificate. Failure to comply shall determine the revocation of the certificate, subject to the information given to the effect in which the railway undertaking shall in any event be heard.

2. The procedure for the revocation of the security certificate shall always be initiated on its own initiative by the body authorised for the instruction of the procedure, in accordance with the provisions of Article 69 of Law No 30/1992, and in its implementing rules.

3. Prior to the initiation of the revocation procedure, action may be taken to determine whether or not circumstances warrant it. In particular, these actions shall be aimed at establishing, as accurately as possible, the facts which may be used to encourage the opening of the procedure, the person or persons who may be responsible and the relevant circumstances. are in each other.

4. The proceedings may be taken, either on its own initiative or at the request of a party, for interim measures to be taken to ensure the effectiveness of the decision which may be made and for the successful completion of the procedure, the effects of the offence committed and to ensure the general interest.

In any event, the provisional measures shall be without effect if the procedure is not initiated within the prescribed period or when the initiation agreement does not contain an express statement on them.

The provisional measures, which must be proportionate in terms of their intensity and their conditions for the purposes intended to be guaranteed, may consist of the temporary suspension of activities or of the security certificate, in the provision of securities or in the withdrawal of rolling stock. Provisional measures may not be taken which may cause harm to the persons concerned, which may be difficult or impossible, or which involve infringement of rights covered by the Act.

The provisional measures may be left without effect or modified during the processing of the procedure, either on its own initiative or at the request of a party, due to circumstances that have been overcome or which could not be taken into account at the time of the proceedings. their adoption.

In any case, they shall be extinguished with the effectiveness of the resolution terminating the revocation procedure.

5. The railway undertaking concerned shall be notified of the initiation of the procedure for the revocation of the safety certificate, which shall have a period of 15 days from the date of notification in order to provide any claims, documents or documents. (a) the Commission considers that it is necessary to provide evidence and, where appropriate, to propose evidence in the form of the means to be used. If the arguments have been received or the deadline has elapsed, the procedure's instructor may agree to open a probationary period.

6. The motion for a resolution shall be notified to the parties concerned, giving them a period of 15 days from the date of notification in order to make representations and to submit the documents and information which they consider to be relevant to the In view of the above, it shall forward, for the purposes of Article 57.2 of the Railway Sector Law, the action to the competent body to resolve, together with all the documents, allegations and information in the file.

7. The resolution that will be given will be motivated and will have some of the following contents:

a) The dismissal of the revocation file.

b) Revocation of the security certificate.

8. If, after six months from the start of the dossier, the parties concerned have not been notified of their decision, they shall be revoked. The person concerned may request a certificate stating that the procedure has expired and that the proceedings have been filed.

9. The revocation of the security certificate shall not give rise to any compensation in favour of its holder and shall be carried out without prejudice to the application, where appropriate, of the sanctioning regime governed by the Law of the Railway Sector.

10. As provided for in the Law of the Railway Sector, in this Regulation and in the regulatory provisions which, for the purpose, are issued, the revocation of the safety certificate shall be in accordance with the provisions of Title VI of Law 30/1992.

11. The revocation of the safety certificate shall be immediately enforceable, and shall be communicated to the Railway Regulatory Committee and, where appropriate, to the railway infrastructure manager. Such a decision may be referred to the Committee on Railway Regulation, which shall decide within the period of time that is not extended for one month. In the face of the resolution of the Committee on Railway Regulation, the interested parties will be able to file, according to the provisions of article 83.5 of the Law of the Railway Sector, an appeal to the Minister of Public Works.

Article 108. Movement regime on the Railway Network of General Interest.

1. To the circulation on the Railway Network of General Interest will be applied the norms that in matters of safety approve the Ministry of Development and, in particular, the General Regulation of Circulation that will determine the particularities applicable to each network span.

2. Failure to comply with the conditions required for the movement shall cause the train to be stopped by the railway infrastructure manager at the station or by means of a paragraph determined by the railway infrastructure manager.

3. Where it is necessary to urgently resolve any incidents arising in connection with traffic safety, the railway infrastructure manager may, on a provisional basis, take the relevant, non-regulated decisions, and communicate them, within the maximum period of 24 hours from their adoption, to the Directorate-General of Railways.

Article 109. General Regulation of Circulation.

1. The Order of the Minister for Public Works will approve, within one year of the entry into force of this Regulation and after the report of the railway infrastructure manager and railway undertakings, the General Regulation of Circulation. It shall contain the rules of movement on the General Interest Railway Network and shall lay down the conditions necessary for the movement of trains and shall, in any event, incorporate the following content:

(a) The principles governing the organization of circulation, the basic technical vocabulary to be used for communications, the documents of compulsory use and their distribution procedures, the necessary means for the good organisation of the movement, the rules for the communications between the movement and the driving staff and the basic knowledge required of both.

(b) The meaning of the signs and the system of operation of the road safety installations, of a mechanical, luminous or electronic nature, both with regard to the railway infrastructure and the equipment rolling.

(c) The rules to be complied with for the movement of trains by the Network and for their entry, exit and passage through the stations, the measures to be taken in the event of level and incident steps on the infrastructures that may be affect the conditions of movement.

d) The types of track and interlock of the stations and their operation.

e) The rules to follow for the composition of trains, the distribution of their cargo and the braking of those.

f) The way the maneuvers should be performed.

2. The General Rules of Circulation shall establish the manner in which the railway infrastructure manager has to issue the orders and circulars necessary to determine, precisely, the operating conditions of the infrastructure railway. Orders and circulars shall be intended to avoid incidents and accidents and, where appropriate, to make them front.

The orders and circulars issued by the railway infrastructure manager shall be published in such a way as to ensure the knowledge of their content by railway undertakings, which shall take the necessary measures to ensure their knowledge by the staff to comply with them.

Article 110. Special measures in the event of disturbances in rail traffic.

1. In accordance with Article 34 of the Railway Sector Law, the railway infrastructure manager, within one year of the adoption of this Regulation, shall draw up a contingency plan to be submitted to the railway infrastructure manager. Ministry of Development for approval.

2. In the cases provided for in Article 34 of the Law on the Railway Sector, railway undertakings shall be obliged to make available to the railway infrastructure manager the resources which it claims and to provide it with the collaboration that is required. By the use of these resources, railway undertakings which have not been the cause of the disturbance in rail traffic, the corresponding consideration, which will be calculated in accordance with the provisions of the corresponding Order of the Minister for Development, unless there is prior agreement between the parties concerned.

CHAPTER VI

The investigation of rail accidents

Article 111. Competence in the field of rail accident investigation.

1. The Directorate-General of Railways or, where appropriate, the authority or administrative body empowered to carry out the investigation of serious rail accidents and, where it considers it appropriate, the investigation of other rail accidents.

An accident is a sudden, unwanted or intentional occurrence, or a chain of such events, of harmful consequences. For the purposes of this Regulation, rail accidents can occur by collisions, derailment, rolling in level crossings, fires or other events of a similar nature.

A serious accident is understood to be the case where there are fatalities or more than four serious injuries, or damage to the rolling stock, to the railway infrastructure or to the environment, by a value of more than two Millions of euros.

2. Without prejudice to the above, the railway infrastructure manager shall investigate all railway accidents occurring on the General Interest Railway Network, carrying out this investigation without interfering with the conduct of the railway infrastructure. case, by the Directorate-General of Railways or by the authority or administrative body empowered, and shall provide all the necessary cooperation.

3. Railway undertakings must also carry out an internal investigation of all the railway accidents in which they have been involved. This investigation shall not interfere with the conduct, if any, by the Directorate-General of Railways or by the appointed administrative body or body, to which it shall provide all the assistance required.

Article 112. Accident investigation by the Directorate General of Railways.

1. In order to carry out the investigation of serious railway accidents, the Directorate-General of Railways or, where appropriate, the administrative body or body empowered, shall appoint the responsible technician and the other members of the research team. to determine their causes and to formulate recommendations to prevent them in the future.

The responsible technician designated for the investigation of a railway accident shall establish, in accordance with the guidelines referred to in paragraph 3 of this Article, the investigation procedure and determine its scope and the requirements of each of the parties involved in the accident.

2. The research team will be composed of at least one technician from the Directorate-General of Railways, responsible for the investigation, who will have access to any information related to the accident under investigation and to those responsible for the investigation. the safety of the railway infrastructure manager himself and the railway companies involved in the accident, which will be obliged to put in favor of this investigation all the means and resources available to the which they represent.

The research team, in the exercise of its functions, may require the advice of other experts in the field of railway safety and accident investigation.

3. The Ministry of Public Works will establish guidelines and instructions for conducting the investigation of accidents, which will be aimed at determining its causes and making recommendations for reducing risks in rail transport.

4. At any time of the investigation of an accident, the Directorate-General of Railways or, where appropriate, the entity or administrative body empowered, may request the collaboration of an authority of another State and cooperate in an investigation. outside the Spanish territory, provided that the authority of the State concerned so requests.

Article 113. Accident investigation by the railway infrastructure manager.

1. The railway infrastructure manager shall establish, in accordance with the guidelines referred to in paragraph 3 of the previous Article, the procedure for carrying out his or her own investigation of the railway accidents occurring on the railway. General Interest Railway Network, to be brought to the attention of the General Directorate of Railways.

2. The railway infrastructure manager shall draw up an annual report, which shall be forwarded to the Directorate-General for Railways, of all railway accidents occurring on the General Interest Railway Network.

Article 114. Investigation of accidents by railway undertakings.

1. In accordance with Article 111.3, railway undertakings shall establish within their system of safety management, the guidelines and procedures to be followed in the investigation of accidents in which they are involved.

2. Railway undertakings shall draw up an annual report to be sent to the Directorate-General for Railways on railway accidents which they have investigated.

Article 115. Reports and recommendations.

1. At the end of each investigation, the research team shall draw up a report describing, in detail, the facts of the matter, the possible causes of the accident and how many anomalies, deficiencies and irregularities. They will be related to that and the recommendations on how to prevent other accidents will be formulated.

2. In any event, the Directorate-General of Railways or the administrative body or body empowered to do so shall annually draw up a report covering all accidents resulting from the provision of the transport service. rail.

Article 116. Incidents produced in rail traffic.

1. An incident shall mean any technical, operational or other anomaly in the operation of the trains which, without causing an accident, affects its safety and occurs on the Railway Network of General Interest.

2. It shall be the responsibility of the railway infrastructure manager and, where appropriate, the railway undertaking involved, the investigation of the incidents concerned and the formulation of the relevant reports to show their causes and to prevent them from occurring in the future.

2. All entities linked to rail traffic will have to provide the railway infrastructure manager and, where appropriate, the railway undertakings which correspond to the cooperation required for the investigation of the railways. incidents, the formulation of recommendations and their practical implementation.

TITLE IV

Inspection services

Article 117. The inspection of rail services.

1. It is for the Ministry of Public Works, in the field of State competence, the inspection of railway undertakings, the rail transport provided by them and the form of provision of the additional services, auxiliary and supplementary, the exercise of which shall be in accordance with this Title.

2. The inspector general function of the General Directorate of Railways shall be exercised in relation to the following activities and services related to the General Interest Railway Network:

a) The activities of the railway companies and other candidates.

(b) The human and material resources used for the provision of railway services.

(c) The activities carried out by the staff training centres, the medical centres and the material maintenance centres and the collaborating entities in the approval processes, in accordance with the requirements of the corresponding Ministerial Order.

(d) Additional, ancillary and complementary services provided to railway undertakings.

e) Transport services provided by railway undertakings to passengers and shippers.

(f) The behaviour of passengers in the use of rail transport infrastructure and services.

3. Without prejudice to the above, it is for the railway undertakings to provide services on the General Interest Rail Network and, where appropriate, the railway infrastructure manager, the immediate monitoring of compliance, users and by third parties, of the rules laid down in this Regulation, and to carry out the inspection duties and to take account of the infringements detected by the competent bodies.

Article 118. The duties of police and inspection on railway infrastructure.

1. It is for the railway infrastructure manager to exercise the power of police in relation to the railway traffic and the use and defence of the infrastructure, in order to ensure safety in the traffic railway and the preservation of the infrastructure and railway facilities necessary for its operation. It is also for the control of compliance with obligations which tend to avoid any kind of damage, deterioration of the way, risk or danger to persons and of the limitations imposed in relation to the immediate land. railway, in accordance with the provisions of the Railway Sector Law and this Regulation.

2. The Management Board of the railway infrastructure manager shall approve the structure of its control, inspection and surveillance services.

3. In accordance with Article 27.1 of the Railway Sector Law, the Directorate-General of Railways shall monitor the exercise of the inspection functions corresponding to the railway infrastructure manager.

Article 119. Initiation of the inspection procedure.

The inspection function may be exercised on its own initiative or as a consequence of the founded request of the loaders, the users, the associations of these, the companies or the associations of railway companies or of any another person or entity concerned with the initiation of the inspection procedure.

Article 120. Evidentiary value of the minutes and reports.

The minutes and reports of the inspection services shall provide evidence, unless otherwise established, of the facts contained therein, without prejudice to the duty of the acting agents to provide all evidence of the are at their disposal concerning the fact that they have been reported and the obligation of the Administration to provide the evidence which, where appropriate, results from the processing of the relevant sanctioning procedure.

Article 121. Processing of the minutes.

The inspection services shall forward the records of complaints to the competent bodies for the initiation of the relevant sanctioning procedures.

Article 122. Collaboration with other organs.

If, in its action, the inspection staff perceive the existence of facts that may constitute an infringement of the regulatory regulations of other sectors subject to administrative management, especially in labor matters, Tax or road safety shall be brought to the attention of the competent bodies.

Article 123. Limit of the inspection actions.

The inspection activities covered by this Chapter shall be carried out only in so far as they are necessary to verify compliance with the obligations contained in the rail transport legislation.

Article 124. Powers of the inspection services.

1. In the performance of their duties, the inspection staff of the General Directorate of Railways or of the railway infrastructure manager may:

(a) materially perform precise inspection activities wherever activities affected by rail transport legislation are carried out. However, where access to the address of natural and legal persons is required, the prior authorisation of the judicial order shall be required.

(b) Carry out the tests, investigations or examinations that are necessary to ensure compliance with the laws in force in the field of rail transport.

(c) Adopt, on a precautionary basis, provisionally and for the shortest possible time, any kind of measure ensuring safety in the railway movement, whether they relate to the railway infrastructure or to the railway infrastructure the provision of additional, complementary or ancillary rail transport services.

2. If the inspection staff of the Directorate-General of Railways or of the railway infrastructure manager, in the light of the existing serious circumstances which compromise the safety of the transport, decided to stop the the railway services or activities, shall immediately inform the Government Delegate in the relevant autonomous community, for the purpose of instructing the relevant sanctioning procedure.

Article 125. Obligations for holders of licences and authorisations.

1. Undertakings which are entitled to the provision of rail transport services or for the performance of activities referred to in this Regulation shall be obliged to provide the inspection services of the Directorate-General the railway infrastructure manager and the railway infrastructure manager, the inspection of their vehicles and facilities and the examination of the documents they are required to keep.

To this end, the Inspection staff may obtain the necessary documentation for the best performance of their function at the headquarters of the inspected entity or require their presentation to the public offices. corresponding.

2. The inspection staff of the Directorate-General of Railways or of the railway infrastructure manager, in the performance of their duties, may also request the shippers, users and, in general, those who carry out their duties. activities linked to rail transport, the examination of documents relating to such activities, as well as any information required.

Article 126. Accreditation of the inspection staff.

Inspection personnel shall be provided with the document certifying their condition, which may be required when exercising their functions, and in such a case shall display it.

Article 127. Consideration of inspection personnel.

1. The officials of the Inspectorate of the Directorate-General of Railways and the staff of the railway infrastructure manager who has been appointed and formally accredited shall, in the course of the inspection activities, take the consideration of the authority's agent.

2. Inspection personnel, for the effective performance of their duties, may request, through the Subdelegation or Delegate of the Government, the support of the State Security Forces and Corps.

Article 128. Action plans.

The Directorate-General of Railways shall periodically establish the action plans of its inspection services and shall determine the guidelines for the control operations of the services or activities they require. special performances. The inspection plans shall give the inspection measures a systematic character and shall pay particular attention to the rail transport of dangerous goods. The railway infrastructure manager shall do the same in respect of its inspection services.

TITLE V

Special Rail Registration

Article 129. Object and structure.

1. The Special Railway Register shall be carried out by the Directorate-General of Railways and shall have as its object the registration, on its own initiative, of the natural and legal entities and persons whose activity is linked to the railway sector and require, for their exercise, of the corresponding railway undertaking licence or of an enabling title, in accordance with the provisions of the Railway Sector Act, in this Regulation and in the other implementing rules.

In addition, in the Special Rail Register, the Public Administrations shall be registered with privileges in respect of the provision of transport services that express their interest in requesting the award of infrastructure necessary for the provision of certain rail transport services.

2. The Special Rail Register consists of eight Sections, namely:

1) Railway Enterprise Licensing Section.

2) Section of candidates other than railway undertakings.

3) Section of Public Administrations with responsibilities for the provision of transport services.

4) Rail staff section.

5) Rolling stock section.

6) Section of railway staff training centres.

7) Section of authorized medical centers.

8) Section of maintenance centers for rolling stock.

3. The entities registered in the Register shall be obliged to report to the Ministry of Public Works, within the maximum period of one month after the date of production, of the variation that any of the data related to the obtaining of the license has suffered, to the title enabling or, where appropriate, its railway staff or rolling stock.

4. The Directorate-General of Railways, as responsible for the conduct of the Special Railway Register, shall take the necessary technical and organisational measures to ensure the security of personal data which it has said. registration may contain, and shall prevent, any unauthorised alteration, loss, treatment or access, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed, whether they are derived from human or human action; physical or natural medium.

The personal data that is necessary for the fulfilment of the object of the Registry shall be recorded exclusively.

SECTION 1 RAILWAY BUSINESS LICENSES

Article 130. The Railway Enterprise Licensing Section.

1. This Section shall include at least the following information for each railway undertaking holding company:

i. The name, social name of the company and its registration data in the Mercantile Register.

ii. The number of railway business licenses.

iii. Your registered office.

iv. Your CIF number.

v. The number of railway undertaking's license and any modification, suspension or revocation that would have been the object.

vi. The declaration of activity which it makes duly updated, with an express indication of whether it carries out rail transport of dangerous goods.

vii. The updated relationship of the railway staff in its staff, indicating, in particular, the safety officer in the movement.

viii. The updated relationship of the rolling stock that you have.

ix. The violations for which it would have been sanctioned, in the last five years.

x. The identity of the person or persons who administer the business.

xi. The indication of the properly identified communication systems.

xii. The reference to the inspections carried out on the company in the last five years, with its dates and results.

xiii. Any modification, suspension or revocation of the subject of the railway undertaking's licence.

xiv. The identification data of the training, medical and material maintenance centers with which the company has contracted contracts for the training of its personnel, the carrying out of medical examinations of the same and the maintenance of their rolling stock, respectively.

2. The railway undertakings registered in this Section shall be obliged to communicate to the Directorate-General of Railways and, where appropriate, to the railway infrastructure manager, within a maximum of one month from the date of production, any variation in the data contained in the application made, in its day, for obtaining the licence, in relation to the titles, ratings and certificates affecting its staff.

SECTION 2 OF CANDIDATES OTHER THAN RAILWAY UNDERTAKINGS

Article 131. The Section for candidates other than railway undertakings.

In this Section, the data relating to candidates other than railway undertakings which have obtained the enabling title enabling them to apply to the railway infrastructure manager shall be entered in this Section. capacity allocation.

The following data relating to the candidates will be entered:

i. The name, social name of the company and its registration data in the Mercantile Register.

ii. Your registered office.

iii. Your ICN number

iv. The number of your enablement and any modification, suspension, or revocation that would have been the object.

v. The activity declaration that you perform properly up-to-date.

vi. The violations for which it would have been sanctioned, in the last five years.

vii. The identity of the person or persons who administer the business.

viii. The indication of the properly identified communication systems.

ix. The reference to the inspections carried out on the company in the last five years, with its dates and results.

SECTION 3. PUBLIC ADMINISTRATIONS WITH POWERS IN RESPECT OF THE PROVISION OF TRANSPORT SERVICES

Article 132. Section of Public Administrations with powers regarding the provision of transport services.

1. This Section shall include the public authorities which, with powers in respect of the provision of transport services, are interested in applying for the award of railway infrastructure capacity for the provision of a a specific rail transport service.

The following data relating to the public administrations will be entered:

i. Identifying data from the Public Administration.

ii. Identification of the contact person for notification effect.

iii. The relationship of rail transport services for the benefit of which they are interested in applying for the relevant capacity allocation.

2. The Public Administrations listed in this section shall report any variation in the transport service relationship referred to in point (iii) of the previous paragraph.

SECTION 4. RAILWAY STAFF

Article 133. The Railway Staff Section.

1. This Section shall include data relating to staff specially empowered to provide services to railway undertakings or, where appropriate, to the railway infrastructure manager.

The Railway Staff Section will have the following Subsections:

a) Subsection of traffic personnel.

b) Subsection of infrastructure personnel.

c) Subsection of train operations personnel.

d) Subsection of driving personnel.

(e) Subsection of Security Officers in the Circulation.

2. For each person with the corresponding rating given by the railway infrastructure manager, at least the following information shall be included in the Subsection of the movement staff:

i. Name of the holder.

ii. Date of birth.

iii. Address for notification effect.

iv. Nationality.

v. Type of enablement and date of issue.

vi. Term of validity.

vii. Date of issue of the last medical certificate and the centre that issued it.

viii. Sanctions imposed in the last five years.

3. In the Infrastructure Personnel Subsection, the following information shall be provided for each person with the corresponding rating given by the railway infrastructure manager:

i. Name of the holder.

ii. Date of birth.

iii. Address for notification effect.

iv. Nationality.

v. Type of enablement and date of issue.

vi. Term of validity.

vii. Date of issue of the last medical certificate and the centre that issued it.

viii. Sanctions imposed in the last five years.

4. The Subsection of the train's operations staff shall include, for each person with the relevant rating given by the railway undertaking for which it provides its services, at least the following information:

i. Name of the holder.

ii. Date of birth.

iii. Licence number of the railway undertaking for which it provides its services.

iv. Home to notification effect.

v. Nationality.

vi. Type of rating and date of issue.

vii. Term of validity.

viii. Date of issue of the last medical certificate and the centre that issued it.

ix. Sanctions imposed in the last five years.

5. In the Subsection of Driving Personnel, the following information shall be included for each person with a driving force of driving:

i. Name of the holder.

ii. Date of birth.

iii. Address for notification effect.

iv. Nationality.

v. Date of issue of the driving title.

vi. Licence number of the railway undertaking in which it provides its services.

vii. Type of ratings that you have and date of issue of the same and its validity limits.

viii. Date of issue of the last medical certificate and the centre that issued it.

ix. Training courses received in the last three years and their results.

x. Sanctions imposed in the last five years.

xi. Driving hours performed by the referred staff.

6. The Subsection of staff responsible for safety in the movement shall include at least the following information:

i. Name of the holder.

ii. Date of birth.

iii. Address for notification effect.

iv. Nationality.

v. License number of the railway undertaking in which you provide your services.

vi. Qualifications or academic qualifications, which, if any, have.

vii. Functions performed in the field of safety in the railway undertaking, with an indication of the charge.

viii. Indication, where appropriate, of the safety adviser on the transport of dangerous goods.

SECTION 5 ROLLING STOCK

Article 134. Rolling stock section.

1. This Section will include all rolling stock that circulates through the General Interest Rail Network and will be made up of the following Subsections:

a) Locomotives.

b) Self-propelled units.

c) Cars.

d) Wages.

e) Auxiliary rolling stock.

2. Any railway vehicle running through the General Interest Rail Network shall be registered in this Section where the following information shall be collected:

i. Registration number.

ii. Serial number.

iii. Holder of the vehicle and its address for the purpose of notifications.

iv. Year of manufacture.

v. Length.

vi. Maximum width.

vii. Maximum height.

viii. Maximum authorized TaraLoad. Maximum authorized speed.

ix. Authorization to circulate.

x. Stretches and lines in which you can circulate.

xi. Maintenance plan.

xii. Regulatory inspections carried out.

xiii. Frequency of inspections.

xiv. Schedule of inspections (on date and on mileage).

xv. Last inspection date (on date and on mileage).

xvi. Date of the next inspection to be performed (on date and in mileage).

xvii. Occasional low date and cause.

xviii. Final low date and cause.

3. The railway undertakings registered in the Register and those who are used for rolling stock operating on the General Interest Railway Network shall be obliged to communicate to the Directorate-General of Railways and, where appropriate, to the administrator of the Railway infrastructure, immediately, as many variations occur in the situation of such material. Within a maximum of one month from the date of production, they shall communicate any changes that have been made to any data associated with obtaining their approval.

SECTION 6 TRAINING CENTRES FOR RAILWAY STAFF

Article 135. Section of training centres for railway staff.

1. This Section shall include data relating to training centres which obtain the type-approval which enables them to train the railway staff. The data entered shall be:

i. The name and CIF of the center.

ii. The name and registered office of the company holding the name.

iii. The address of the centre.

iv. The name and surname and DNI of the center director.

v. The date of granting of the approval and its validity.

vi. The relationship of your instructor staff.

vii. The inspections supported in the last five years, with their dates and results.

viii. The penalties that have been imposed on the holder in the last five years and the centre.

2. Railway staff training centres shall communicate any changes in the data referred to in the previous paragraph.

SECTION 7 OF MEDICAL CENTERS

Article 136. Medical centers section.

1. This Section shall include medical centres which obtain the type-approval which enables them to carry out the medical examinations required of the railway staff. The data entered shall be:

i. The name and CIF of the center.

ii. The name and registered office of the company holding the name.

iii. The address of the centre.

iv. The name and surname and DNI of the center director.

v. The date of granting of the approval and its validity.

vi. The relationship of authorized physicians to provide the service.

vii. The inspections supported in the last five years, with their dates and results.

viii. The penalties that have been imposed on your title in the last five years and the centre.

2. Medical centres shall communicate any variation in the data referred to in the previous paragraph.

SECTION 8 OF AUTHORISED CENTRES FOR MAINTENANCE OF ROLLING STOCK

Article 137. The section of rolling stock maintenance centres.

1. This Section shall include data relating to maintenance centres for rolling stock which obtain the type-approval which enables them to carry out the maintenance operations of the railway vehicles circulating on the Network. Railway of General Interest. The data entered shall be as follows:

i. The name and CIF of the center.

ii. The name and registered office of the company holding the same.

iii. The address of the centre.

iv. The name and surname and DNI of the center director.

v. The date of granting of the approval and its validity.

vi. Ratings granted to the center, date and validity.

vii. Inspections supported in the last five years, with their dates and results.

viii. The penalties that have been imposed on the holder in the last five years and the centre.

2. The rolling stock maintenance centres shall communicate any variation in the data referred to in the previous paragraph.

TITLE VI

The Rail Regulation Committee

CHAPTER I

General provisions

Article 138. Legal regime.

1. The Committee for Railway Regulation is a collegiate body, integrated in the Ministry of Infrastructure and Planning Secretariat of the Ministry of Public Works, which will be governed by the precepts contained in Title VI of the Law of the Railway Sector and In Articles 22 to 27 of Law 30/1992.

2. The provisions and resolutions which the Committee shall make in the exercise of its functions shall be brought to the attention of the Minister for Public Works.

CHAPTER II

Structure of the Railway Regulation Committee

SECTION I. GENERAL PROVISIONS

Article 139. Composition and appointment.

1. The Railway Regulation Committee is composed of a President, four vowels and one Secretary. The President and the vowels shall be appointed by the Minister of Public Works among the Ministry's active officials who belong to the Higher Bodies of the General Administration of the State.

2. The Registrar shall be an official, a law graduate and a member of a higher body of the General Administration of the State. It shall be freely designated and removed by the Railway Regulation Committee.

Article 140. Duration of the command.

1. The positions of President and vowel will be renewed every six years, and may be reappointed once again.

However, the mandate of two of the initially appointed vowels, to be determined by a draw held in session of the Committee, shall be valid for three years.

2. If, during the period of their respective terms of office, the President or any vowels cease, the persons appointed to replace them shall be for the remainder of the term of office of their predecessor.

Article 141. Eesc.

1. The President shall end his term of office by the end of his term of office, by resignation accepted by the Minister for Public Works, by separation decided by him, by retirement, by permanent incapacity for the exercise of the office, by conviction for crime The loss of the official status, due to the incompatibility of the official status, due to the loss of the official status, due to the loss of the active service or to the transfer to another Department, entity or public administration.

The vowels will cease for the same reasons as in the previous paragraph, and it is up to the Minister of Public Works to accept their resignation or agree to their separation.

2. The file to be instructed to agree the separation shall be contradictory. When referring to the separation of the Vocals, this file will be instructed by the Assistant Secretary for Development.

3. Members of the Railway Regulatory Committee whose term of office has expired and who resign from office shall remain in office until they are taken over by those who have to replace them.

Article 142. Remuneration scheme.

Members of the Railway Regulatory Committee shall be paid in accordance with the provisions of Royal Decree 462/2002 of 24 May 2002 on compensation for the service.

Article 143. Incompatibilities.

The members of the Committee will be subject to the regime of incompatibilities of the officials, provided for in Law 53/1984 of 26 December, of Incompatibilities of the staff at the service of the Public Administrations. They shall not be part of the Railway Regulation Committee:

(a) The members of the governing bodies of the business public entities, the Railway Infrastructure Manager and the RENFE-Operator.

b) Those who are entrusted with the competence to grant the security certificate.

(c) Those entrusted with the competition for the fixing of charges for the provision of additional, complementary and ancillary services.

(e) Those engaged in activities which may be contrary to the safeguarding of the plurality of the offer in the provision of railway services on the Railway Network of General Interest under objective conditions, transparent and non-discriminatory.

SECTION II. MEMBERS OF THE RAILWAY REGULATORY COMMITTEE

Article 144. Duties of the President.

Correspond to the Chairman of the Railway Regulation Committee the following functions:

(a) Represent the Committee on trial and outside of it, in any act and contract and in front of any natural or legal person, whether public or private.

(b) Call, set the agenda for the meetings of the Committee and preside over them, conduct their deliberations and decide on the draws that may occur in the votes with their vote of quality.

(c) To ensure compliance with this Regulation and the agreements adopted by the Committee.

d) Run the Committee's agreements.

e) To perform the other functions assigned to you by this Regulation, delegate the Committee for Railway Regulation or correspond to it in accordance with the current regulations.

Article 145. The Secretary.

1. The Committee shall appoint a Secretary who shall act with a voice but without a vote and, where appropriate, a Deputy Secretary who shall meet the same requirements and shall replace the Secretary when necessary.

2. The Secretary shall advise the Committee on all legal matters raised by him and shall exercise the powers entrusted to the secretaries of the bodies in accordance with Articles 25 and concordant of Law No 30/1992.

Article 146. Duty of secrecy.

Members of the Railway Regulatory Committee shall be kept secret, even after their duties have ceased, in respect of any information of a confidential nature in the exercise of their duties.

CHAPTER III

Object and functions of the Railway Regulation Committee

SECTION I. GENERAL RULES

Article 147. Purpose of the Railway Regulation Committee.

The following are the purposes of the Railway Regulation Committee:

(a) Safeguard the plurality of the offer in the provision of services on the General Interest Rail Network and ensure that they are provided on objective, transparent and non-discriminatory conditions.

b) Ensuring equality between public and private enterprises in the conditions of access to the market for these services.

c) To ensure that railway charges comply with the provisions of the Law on the Rail Sector and are not discriminatory.

d) Resolve any conflicts that may arise between the railway infrastructure manager and railway undertakings in relation to:

The granting and use of the security certificate and the fulfilment of the obligations that it carries out.

The application of the criteria contained in the statements about the network.

The capacity allocation procedures.

The amount, structure or application of the fees that are required or may be required for them.

e) Inform the General Administration of the State and the autonomous communities that require it in the field of railway matters, and in particular the content of any draft standard or resolution affecting that project.

f) Other than legally attributed to you.

Article 148. Delimitation of the exercise of the functions.

1. The Railway Regulation Committee shall, without prejudice to any of the powers of the autonomous communities, exercise its functions in relation to the access and use of the infrastructure, its technical or use restrictions, the equal treatment of all railway undertakings, technological innovations, the adequacy of railway infrastructure, the correct formation of fares in the sector, the use of inside information and, in general, any a matter relating to the plurality of rail transport services.

2. The exercise of the functions of the Committee on Railway Regulation will be carried out with full respect for the powers that Law 16/1989, of July 17, attributes to the organs of Defense of the Competition.

Article 149. Convening and quorum of the Railway Regulatory Committee.

1. The Committee on Railway Regulation shall hold sessions, upon convocation by its Chairman or at the request of at least two Vocals, as often as is necessary for the effective development of its functions. All persons who, at the request of the Committee or at the request of its President, shall be convened, may attend the meetings of the Committee, with a voice but without a vote.

2. The meeting of the Committee shall be convened by the Registrar, in writing, at least forty-eight hours in advance, in which the order of the day of the cases to be dealt shall be fixed.

The President may convene extraordinary meetings without any prior deadline if there were, in his opinion, a well-founded plea or at least two Vocals.

3. In order to hold the meetings of the Committee, they shall be present, in addition to the President and the Registrar, or, where appropriate, to those who replace them, half, at least, of the Vocals.

Article 150. Adoption of agreements.

1. The Committee's agreements shall be taken by a majority of its members present in the relevant session. In the event of a tie, the President shall have a vote of quality.

2. The Registrar shall draw up a record of each session, which shall be adopted by the Secretary or at the following meeting, as determined by the Committee. The minutes shall be signed by the Registrar, with the approval of the President, atoning for the certification of the Committee's agreements in the same way, without prejudice to the existence of a book of minutes of the sessions in which they are held and the adopted agreements, which shall be guarded by the Registrar.

Article 151. Initiation and processing of procedures.

The Railway Regulatory Committee shall act on its own initiative or at the request of an interested party, which shall be formulated in accordance with Title VI of Law 30/1992.

SECTION II. ROLE OF SAFEGUARDING OFFERS FOR THE PROVISION OF SERVICES ON THE RAIL NETWORK OF GENERAL INTEREST

Article 152. Guarantee of equality between railway undertakings in the conditions of access to the market for rail transport services.

The Railway Regulatory Committee shall be aware of any claims made by railway undertakings, founded on any discriminatory treatment received from the Public Administration or any public authorities, and shall dictate the relevant decision, which may be appealed to the Minister for Public Works.

In addition, it will resolve any complaints made to it by railway undertakings regarding acts carried out by other railway undertakings that continue to discriminate against them in access to infrastructure or services.

Article 153. Conflict resolution.

1. The Railway Regulation Committee shall resolve any disputes which may arise between the railway infrastructure manager and the railway undertakings in relation to:

The granting and use of the security certificate and the fulfilment of the obligations that it carries out.

The application of the criteria contained in the statements about the network.

The capacity allocation procedures.

The amount, structure or application of the fees that are required or may be required for them.

2. The Railway Regulatory Committee may request the intervention of the Ministry of Public Works for the technical inspection of the services, facilities and performances of railway undertakings.

It may also require entities to act in the railway sector for any information that is necessary for the exercise of their activity.

3. Entities deemed to be harmed by any action they consider to be contrary to the law may refer to the Railway Regulatory Committee within the maximum period of one month after the relevant decision or decision has been taken.

4. The Railway Regulation Committee shall act on its own initiative or at the request of an interested party. Once the procedure has been initiated, it may, at any time, take the provisional measures it deems appropriate to ensure the effectiveness of the decision which may be made, if there are sufficient evidence to do so.

5. In the performance of its duties, the Railway Regulatory Committee shall make decisions which shall be binding on entities operating in the railway field. The resolutions referred to shall be enforceable and shall be enforceable before the Minister for Public Works.

Failure to comply with resolutions issued by the Railway Regulatory Committee shall be sanctioned in accordance with Title VII of the Rail Sector Act.

Article 154. Duties in respect of the securities for the provision of rail transport services.

1. The Committee on Railway Regulation shall exercise the powers of the General Administration of the State in order to interpret the clauses of both the licences they enable for the provision of rail transport services passengers or goods, such as authorisations for the provision of services of public interest.

2. The Committee shall issue a report on the tendering procedures for the award by the Ministry of Promotion of authorisations for the provision of declared rail transport services, in accordance with Article 53 of the Law of the Sector Railway, in the public interest, when requested by the Ministry of Public Works. In such cases, the issuance of this report will be required once the motion for a resolution is formulated.

3. The Committee on Railway Regulation, which may act on its own initiative or at the request of any interested party, shall ensure compliance with the decisions which it gives in the exercise of the powers referred to in the preceding paragraphs.

Article 155. Report and advice function.

1. The Railway Regulatory Committee shall be responsible for advising the Minister of Public Works on matters concerning the railway market, particularly in matters which may affect the free and competitive development of the market. In the exercise of this function, the Committee shall act at the request of the Committee.

2. The Committee may also advise the Autonomous Communities on the matters referred to in the previous paragraph. This advisory function shall be carried out at the request of its competent bodies.

Article 156. Annual report.

The Committee may annually draw up a report to the Ministry of Development on the development of the rail market.

Article 157. Duties in relation to the defence bodies of the competition.

1. Where the Committee on Railway Regulation finds evidence of practices which prevent or limit competition and are prohibited by Law 16/1989 of 17 July of the Defence of Competition, it shall inform the Committee of the Service of Defence of the Competition, contributing all the elements of the test to its scope.

2. The Committee on Railway Regulation shall inform in the cases dealt with by the bodies responsible for the protection of railway competition, by prohibited conduct, the individual authorisation and the control of concentrations in which the the final adoption corresponds to the Council of Ministers. The report shall be evacuated within a maximum of 15 days.

Article 158. Other functions.

It is up to the Railway Regulatory Committee to develop any other functions which, legally or regulations, are attributed to him or entrusted to him by the Government or the Minister of Public Works.

Article 159. The power to collect information.

The Railway Regulatory Committee may request from any entities operating in the railway sector the information it requires for the exercise of its functions and those entities shall be obliged to provide it.

Article 160. Precautionary measures.

In the exercise of the functions referred to in Article 83.1.a (b), (c) and (d) of the Railway Sector Act, the Railway Regulatory Committee, after the initiation of the relevant procedure, may at any time, on its own initiative or at the request of the parties concerned, take the appropriate precautionary measures to ensure the effectiveness of the decision which may be placed on it, if there are sufficient grounds for such action, and in particular the following:

(a) Orders for cessation or imposition of certain conditions to prevent damage that may be caused by the conduct referred to in the procedure.

b) Fiance of any kind, except personnel, that is enough to respond to compensation for damages that may be caused.

No precautionary measures may be issued which may cause injury to the parties concerned, which may be difficult or impossible, or which involve violation of rights under the laws. In the event that it is the stakeholders who propose the adoption of precautionary measures, the Railway Regulatory Committee may require the same to provide the corresponding bail.

CHAPTER IV

Rail Regulation Committee staff

Article 161. Staff serving the Railway Regulation Committee.

The Railway Regulatory Committee may, for the performance of its duties, have the staff at the service of the other bodies of the Ministry of Public Works and shall be integrated in this, for budgetary and organisational purposes.

ANNEX

Official Claims Book Model