Advanced Search

Law 38/2015, Of 29 September, The Railway Sector.

Original Language Title: Ley 38/2015, de 29 de septiembre, del sector ferroviario.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law:

INDEX

Preamble.

Title I. General provisions.

Title II. The railway infrastructure.

Chapter I. General provisions.

Chapter II. Planning, project and construction of railway infrastructure members of the Railway Network of General Interest.

Chapter III. Limitations to the property.

Chapter IV. The management of railway infrastructure.

Chapter V. Legal regime of the general managers of railway infrastructure.

Chapter VI. Statement on the network.

Chapter VII. Allocation of infrastructure capacity.

Chapter VIII. Railway infrastructure at ports and airports of general interest.

Chapter IX. Railway infrastructure of private ownership.

Title III. Facilities for service and provision of services to railway undertakings.

Title IV. Rail transport.

Chapter I. General provisions.

Chapter II. Railway undertakings.

Chapter III. Administrative intervention in the provision of rail transport services and in the operation of infrastructure.

Chapter IV. Special Rail Register.

Chapter V. Rights of users of rail transport services.

Title V. Railway safety.

Chapter I. Security Regime.

Chapter II. Certification and security authorization.

Chapter III. Safety regime applicable to the different elements of the rail system.

Chapter IV. Investigation of rail accidents and incidents.

Title VI. Economic and tax regime.

Chapter I. Railway charges.

Section 1. R&A fee for railway business license.

Section 2. The Security Certificate and Security Authorization Grant Rate.

Section 3. 3rd rates for approval of centers, certification of entities and rolling stock, granting of certificates and licenses and authorizations for entry into service.

Section 4. The rate for the provision of services and the performance of railway safety activities.

Section 5. th Rate for the use or special use of goods from the public railway domain.

Section 6. Canon for use of railway infrastructure.

Chapter II. Rates.

Title VII. Sanctioning and inspection regime.

Additional provisions.

Transitional provisions.

Repeal provision.

Final provisions.

Annex I. Definitions.

Annex II. Basic principles and parameters of the agreements to be concluded between the Ministry of Development and the railway infrastructure managers.

Annex III. Minimum content of the network declaration provided for in Article 32.

PREAMBLE

Law 39/2003 of 17 November on the railway sector has led to a complete restructuring of the state competition railway and has laid the foundations that have facilitated the gradual opening of the market in this mode of transport and the emergence of new operators, with the ultimate objective of converting the railway into a competitive mode of transport. To this end, it incorporated into national law the Community rules which form part of the first railway package: Directive 2001 /12/EC of the European Parliament and of the Council of 26 February 2001 amending the Directive 91 /440/EEC on the development of the Community's railways, Directive 2001 /13/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 95 /18/EC on the granting of licences to railway undertakings and Directive 2001 /14/EC of the European Parliament and of the Council of 26 February 2001, on the allocation of railway infrastructure capacity, the levying of charges for their use and certification of safety.

The legal regime established by Law 39/2003 of 17 November is based on three pillars. Firstly, the separation, organic and functional, of the activities of the administration of the infrastructure and the exploitation of the transport services has led to the rupture of the state monopoly and the operating unit the infrastructure that had prevailed in our country since the middle of the twentieth century. This led to the reorganization of the National Network of the Spanish Railways (RENFE), until then exclusive operator of transport in the state railway network, with the institutional segregation of the areas of management of the infrastructure and operation of the transport and the creation of the public entities Business Infrastructure Manager (ADIF) and RENFE-Operadora, which has finally served as a basis for the restructuring of the state railway sector.

In the second term, the law has set in motion a process of progressive liberalization of the railway transport, with successive openings to the competition: of the transport of goods initially, of the international transport of passengers the following and the recently initiated internal passenger transport.

The third pillar of Law 39/2003 of 17 November was the creation of a regulatory body, the Committee on Railway Regulation, which was entrusted with the task of monitoring and resolving conflicts between the the railway infrastructure manager and the operators of the rail market, or of the rail market operators, to ensure the proper functioning of the system. Law 3/2013, of 4 June, of the creation of the National Commission on Markets and Competition, abolished the Committee and attributed its functions to the new regulatory body.

Throughout its more than ten years of validity, Law 39/2003, of 17 November, has experienced, however, numerous retouches and partial modifications with which it has been intended to respond to specific needs arising in the railway sector. This has been the case, for example, with the liberalisation of international passenger transport in compliance with Directive 2007 /58/EC of the European Parliament and of the Council of 23 October 2007 amending Council Directive 91 /440/EEC, and Directive 2001 /14/EC, with the regulation of the provision of additional, complementary and ancillary services in the Railway Network of General Interest and in railway service areas, with the recognition of an area of independence Functional Committee for Railway Regulation, with the anticipation of the opening of the internal market of the transport of passengers, with the abolition of the Spanish Railway Agency of Via Estrela (FEVE), with the fulfilment of judgment 245/2012 of 18 December 2012, of the Constitutional Court, in relation to the determination of the lines of the Railway Network of General Interest, with the restructuring of ADIF, with the regulation of the procedure for establishing, amending and updating the railway charges in accordance with the judgment of the Court of Justice of the European Union of 28 February 2013, with the establishment of a system of assistance to the victims of accidents involving rail transport of state competition or with the regulation at legal headquarters of the technical investigation procedure for accidents and railway incidents. All these issues have led to successive reforms of concrete precepts of the law which, because of their quantitative and qualitative importance, threaten to weaken the necessary homogeneity of the legal regime of rail transport.

In turn, Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area has simplified and clarified the Community framework for transport by rail, recasting in a single text the directives which are part of the first railway package. However, in addition to this aim of cleaning up and improving legislation, the directive has also modified quite a few precepts of the directives and introduced new provisions which comply with new requirements of the rail market.

The new features of Directive 2012/34/EU cover almost all areas of rail legislation, inter alia those relating to the transparency and sustainability of infrastructure financing. the railway companies and the accounting of the railway companies, the extension of the right of access of the latter to the infrastructures of connection with ports and facilities of service, a new and more complete classification of the services In the case of the railway, the obligation imposed on the infrastructure managers adopt enterprise programmes including investment and financing plans, the strengthening of the independence and powers of the regulatory bodies in the market and the establishment of new and more precise rules on the pricing of access to the railway infrastructure.

The new rules contained in Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 are incorporated into Spanish law. Although the law maintains a good number of the precepts of Law 39/2003 of 17 November, it has been chosen, for reasons of certainty and clarity and to facilitate the most correct interpretation of its mandates, to unify and concentrate on a new standard, which will replace the full legal regime of the rail transport mode by law 39/2003 of 17 November.

Title I of the law contains the general provisions and determines the purpose and purpose of the law.

Title II includes the rules applicable to the railway infrastructure and establishes the arrangements for its planning, projection and construction. The concept of the General Interest Railway Network, on which the State exercises full powers, is defined and the procedures for the inclusion and exclusion of infrastructure in that network and the formation of the infrastructure catalogue are regulated. railway network of the General Interest Railway Network.

The above mentioned title also regulates the system of administration of railway infrastructure, contemplating the coexistence of a plurality of infrastructure managers and expressly imposing submission to the mandates of the law of private administrators that under a contract they assume the construction and management of a railway infrastructure.

With regard to railway infrastructure located in ports of general interest, connected with the General Interest Railway Network, these infrastructures have basically the consideration of facilities for the service, so that the Harbour Authorities will only exercise in respect of the same some of the functions own of the manager of railway infrastructures, with the specialties that are previewed in this law.

Title II incorporates other equally noteworthy novelties. The Ministry of Public Works is required to approve, with a broad participation of the institutions and agents involved, and to publish an indicative strategy for the development, maintenance and renovation of the railway infrastructure State competition, which has to be developed with a time horizon of not less than five years, and the construction of railway works arrangements, with the provision of contracts for collaboration between the public sector and the private sector a maximum term of forty years.

Title III is dedicated to service facilities and the provision of services to railway undertakings. The ratio of regulated facilities is significantly extended, non-discriminatory access to the same facilities of all operators is prevented, classified in accordance with the provisions of Directive 2012/34/EU of the different types of services and extends the system of self-provision of services by railway undertakings. These measures should enable businesses, ultimately, to provide better services to their customers.

Title IV of the law, recognizing the strategic importance of transport as well as the environmental advantages of rail transport, part of the consideration of this mode as a service of general and essential interest for the community which is provided under free competition, without other exceptions than those expressly provided for in the law for reasons of public service.

In this particular field, the law presents important novelties. It is envisaged that the Council of Ministers may declare, on its own initiative or at the request of the Autonomous Communities or local authorities, that the State competition services, the supply of which is insufficient or does not meet minimum conditions of Frequency, quality or price are subject to compliance with public service obligations. The declaration implies that the services will be provided by a single company which must ensure its continuity and different options are arbitrated to compensate economically for such obligations: by operating the services under exclusivity or through grant. If the public service obligations are imposed on the initiative of the autonomous communities or local corporations, they will be responsible for their financing. The Ministry of Public Works is assigned a guarantee function consisting in ruling, on its own initiative or at the request of the parties concerned and on a binding basis, if the economic balance of the conditions imposed for the provision of the public service obligations on a line or rail service is affected by the concurrence of matching commercial services; if the Ministry of Public Works resolves that the economic balance is undermined, the commercial services will be limited. In the case of commercial services corresponding to international traffics the previous function corresponds to the National Commission of the Markets and the Competition in accordance with the Community rules.

The law adapts the regulation of user rights to the rules established, in a uniform manner for the whole of the European Union, in Regulation (EC) 1371/2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of rail passengers, and includes the right to comprehensive assistance for those affected by rail accidents. Title IV also contains two additional measures: the railway operators are required to provide information to the authorities responsible for rail transport in order to ensure the transparency of the liberalised market and enables the Ministry of Public Works to establish general conditions or standard contracts for the various kinds of services to ensure minimum standards of quality.

The law dedicates Title V to railway safety, giving the value of the law to provisions that were previously laid down in regulatory standards and systematically ordering others incorporated by Royal Decree-Law 1/2014, of 24 January, of reform in the field of infrastructure and transport, and other economic measures. In Title V, all the components of safety in the railway movement are related, the privileges of the State Agency for Railway Safety are defined, configured as the national safety authority railway, and the safety regime applicable to each of the elements and agents of the rail system is regulated.

Title V also includes a chapter on the investigation of rail accidents and incidents in which the obligation to investigate technically all serious rail accidents occurring in the Community is established. Railway network of general interest as well as other accidents and incidents which the body responsible for the investigation, the Commission of investigation of railway accidents considers relevant to investigate. The Commission is granted full functional independence, its composition and the intervention of the Congress of Deputies are regulated in the appointment of its members.

Title VI of the law regulates the economic and tax regime of the railway sector trying to strike the balance between the economic viability of the system and the promotion of rail transport. The aim is to encourage improvements in the operation of the network, the reduction of disturbances, the optimisation of the use of infrastructure and the reduction of the costs of making it available.

The new legal structure of rail charges that is arbiters is simpler and more traffic-stimulating than the previous one. The mode of access fee, in the licence fee for the use of railway lines, which constituted a barrier to the entry of new operators into the market, is abolished, new criteria for the classification of lines are introduced in order to link the rail licence fee to the potential return of the market and special emphasis is placed on the regulation of bonuses and discounts on the amount of the fee to be paid by operators to promote the development of rail services and the more efficient operation of the lines.

The structure of the fee for the use of the service facilities is also significantly modified and the tariff regime for the provision of services is revised, making progress in the free access to service activities. without compromising the sustainability of the railway infrastructure. Finally, the criteria for the classification of passenger transport stations are amended and extended in order to take into account the economic capacity of the associated services for the determination of the amount of the fee.

With regard to the other charges, the main new elements of the law are the elimination of the rate for the safety of the railway transport and the creation of the rate for the provision of services and realization of activities in the field of railway safety, the amount of which shall be used to finance the activities carried out by the State Railway Safety Agency.

The sanctioning and inspection regime is contained in Title VII. The regulation seeks to strengthen the principle of legality with a more precise and systematic classification of infringements and a higher degree of sanctions. The sanctioning authority is distributed between the State Agency for Railway Safety for infractions affecting railway safety, the Ministry of Public Works for which the rules of transport and the National Commission of the Markets and Competition to correct the non-compliance with your decisions.

The law closes with seventeen additional provisions, eight transitional provisions, one repeal provision and six final provisions. The transitional provision first establishes a provisional system of progressive opening of the internal market of passenger rail transport, in which the access of the new operators will be carried out by means of the public tender procedure, of enabling titles for each line or group of lines. The final provision first amends Law 3/2013, of 4 June, of the creation of the National Commission of the Markets and the Competition, in order to integrate in it the new competences and the modification of the rules of operation of the agencies Rail market regulators set out in Directive 2012 /34/EU.

TITLE I

General provisions

Article 1. Object of the law.

1. The purpose of this law is the regulation, in the field of the competence of the State, of the railway infrastructure, of the safety in the railway traffic and the provision of the services of rail transport of passengers and of goods and those which are provided to railway undertakings in the service facilities, including ancillary and ancillary services.

2. The provisions of this law shall not apply to modes of transport using cable or cables, tractors and carriers and which do not have a fixed road, which shall be governed by their specific rules.

Article 2. Finances of the law.

The following are the purposes of this law:

(a) Ensure a common system of rail transport in the territory of the State.

b) Meet the needs of society in the field of rail transport with the highest degree of effectiveness.

(c) Facilitate the development of the common European rail transport policy, promoting the interconnection and interoperability of rail systems and the intermodality of transport services.

d) Determine the guidelines for coordinating the actions of the various bodies of public administrations with competences in matters that may have an impact on the railway sector.

(e) Separate the legal regime applicable to the railway infrastructure of the transport services which are provided on them.

(f) Regulate the construction of railway infrastructure and the development of new state competition transport services and promote territorial, economic and social cohesion.

g) Ensure the efficiency of the state rail system through adequate utilization of available resources.

h) To regulate the licensing system that will allow access to the market for railway companies.

i) Regular access to the railway infrastructure through a procedure for the allocation of capacity based on the principles of objectivity, transparency and non-discrimination.

(j) Promote the conditions of competition in the provision of rail transport services, in accordance with the provisions laid down therein, with respect to the principles of objectivity, transparency and non-discrimination.

(k) Establish the criteria for the performance of passenger and freight rail transport services to be carried out effectively, in continuity and in good security conditions.

(l) Promote the provision of railway services under security conditions, define the responsibilities of all the actors operating in the General Interest Railway Network and determine the responsibilities in this field. the privileges of the national authority responsible for railway safety.

(m) Regular investigation of rail accidents and incidents and the powers and rules of operation of the Commission for the investigation of rail accidents.

n) Protecting the interests of users, with special attention to persons with disabilities or with reduced mobility, guaranteeing their rights to access to rail transport services of passengers in appropriate quality and safety conditions and the choice of the undertaking to provide them, as well as the provision of comprehensive assistance to victims in the event of a rail accident.

TITLE II

The rail infrastructure

CHAPTER I

General provisions

Article 3. The railway infrastructure.

For the purposes of this law, railway infrastructure shall mean the totality of the elements forming part of the main and service routes and the branch of diversion for private persons, with the exception of tracks located within the repair shops of rolling stock and of the tanks or garages of traction machines. Among these elements are the grounds, the passenger transport stations, the freight terminals, the civil works, the level crossings, the service roads, the safety-related facilities, the telecommunications, to electrification, to the signalling of the lines, to the lighting, to the storage of fuel necessary for the traction and to the transformation and the transport of the electrical energy, its annexes, the centres of traffic control and any other regulations that are determined to be determined.

Passenger transport stations and freight terminals shall be constituted by:

(a) The main and service routes, with the land on which they settle and all their elements and auxiliary facilities required for their operation.

(b) The passenger and freight platforms.

(c) The driveways of the patios of travellers and goods, including access by road and for passengers arriving or departing on foot.

d) The buildings used by the infrastructure service.

e) Facilities for the collection of transport fares, as well as those designed to meet the needs of passengers.

They will not have the consideration of passenger transport stations and freight terminals the areas dedicated to other exclusively commercial, logistic or industrial activities, even if they are in the field of those.

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. 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.

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

3. 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. Such railway infrastructure may be transferred to the relevant autonomous community. The transfer file shall be promoted at the request of the Autonomous Community or the Ministry of Public Works, and shall be resolved by the Council of Ministers.

4. All railway infrastructure forming part of the General Interest Railway Network shall be included in the Railway Infrastructure Catalogue of the General Interest Railway Network, in which the lines and sections shall be related in accordance with an official code, also expressing its origin and destination and a brief reference to its technical characteristics, as well as passenger transport stations and freight terminals.

In any case, for the determination or modification of the catalogue, the autonomous communities for which the corresponding railway lines or sections run shall be heard.

It is for the Ministry of Public Works to establish and modify the Railway Infrastructure Catalogue of the General Interest Railway Network to be published in the "Official State Gazette".

The inclusion or exclusion of railway infrastructure from the General Interest Railway Network, adopted in accordance with paragraphs 2 and 3, shall determine the modification of the said Catalogue.

5. The placing in service of new infrastructures forming part of the General Interest Railway Network will be automatically included in the above mentioned Catalogue.

However, every three years, the Catalogue will be reviewed according to the procedure in the previous section and will be published.

6. The State and the autonomous communities with railway infrastructure of their ownership shall cooperate in order to facilitate the connection between these railway infrastructures and the Network of General Interest, promoting interoperability between different networks.

7. The Ministries of Promotion and Defense shall jointly arbitrate the necessary measures to ensure proper coordination in the matters referred to in this law where appropriate to the needs of the national defense.

CHAPTER II

Planning, project and construction of railway infrastructure members of the General Interest Railway Network

Article 5. Planning of railway infrastructure members of the Railway Network of General Interest.

1. The Ministry of Public Works will make public the strategy indicative of the development, maintenance and renovation of the railway infrastructures members of the Network of General Interest to meet the future needs of mobility. This strategy, which will cover a temporary period of at least five years, will be renewable, establish a general framework of priorities and finance and be based on economic and social efficiency and sustainable financing of the system. It shall take into account, where appropriate, the overall needs of the European Union and shall be established after the procedure in which, in the terms to be laid down in regulation, the authorities shall be given a hearing. Regional and local authorities concerned and other stakeholders.

The strategy for the development of railway infrastructure should be carried out from an intermodal perspective to ensure the optimization of the resources invested and their efficient allocation between modes of transport.

Reglamentarily the assumptions in which, for reasons of general and social interest, investments not foreseen in the indicative strategy can be approved, as well as the revision of this strategy.

2. It is up to the Ministry of Public Works, the Advisory Council of Promotion and the affected autonomous communities, the planning of the infrastructure members of the Network of General Interest and the establishment or modification of the railway lines or sections of railway lines, passenger transport stations and freight terminals. It shall also be governed by rules governing the establishment or modification of other elements to be part of the Railway Network of General Interest.

3. For the establishment of a line or section, passenger transport station or freight terminal of the Railway Network of General Interest, or its significant modification from the point of view of the route or its functional or operating conditions, the approval, by the Ministry of Public Works, of an information study shall be required, in accordance with the provisions of this law and the regulatory regulations that develop it.

The information study includes the analysis and definition, in both geographical and functional aspects, of the options of a given performance and, where appropriate, of the selection of the alternative. recommended as a proposed solution. Where appropriate, the information study shall include the environmental impact assessment of the options set out and shall constitute the basic document for the purposes of the relevant environmental assessment provided for in the environmental legislation.

Without prejudice to the possibility of establishing environmental legislation, the wording of an information study shall not be required in the case of replacement works, preservation works, drawing-up works, the platform or route of the same, electrification, signalling and, in general, those that do not involve a substantial modification of the layout of the existing lines. For such purposes, a line or stretch of line, a strip of land whose dimensions shall be determined by regulation, shall be understood. The wording of an information study for the establishment of transport stations for commuter travellers and for the transport of small-scale goods as determined by regulation is also not required.

4. For processing, the Ministry of Public Works shall transmit the information report for the autonomous communities and local authorities concerned, so that, within one month, they shall examine and, where appropriate, inform them if the proposed is the most appropriate for the general interest and for the interests they represent. After that period without the public authorities reporting on this, they shall be understood to be in accordance with the proposed solution.

In the event that any of those administrations manifest, necessarily, in relation to information studies on new railway lines, 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, the Ministry of Development shall open a period of consultations with it for a period of not less than two months. If the discrepancy is maintained, the dossier shall be forwarded to the Council of Ministers which shall decide on the implementation of the project referred to in the information report and, where appropriate, agree to the modification or revision of the planned planning, which must be accommodated in the project's determinations within one year of its approval.

5. At the same time as the report referred to in the previous paragraph, the information report shall be submitted in the form provided for in Law No 30/1992 of 26 November 1992 on the legal system of public administrations and on the common administrative procedure, to a process of public information for a period of 30 working days. The observations made in this process should be exclusively about the overall design of the projected layout. The processing of the public information file corresponds to the Ministry of Public Works.

Simultaneously, and with that same deadline, the Ministry of Public Works will request to inform the railway companies and the administrator of the railway infrastructure concerned about the overall conception of the planned route and the functional or operating aspects included in the information study.

6. 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 proceedings of the hearing and the public information, to the Ministry of Agriculture, Food and the Environment for the purposes of environmental legislation.

7. Completion of the processing provided for in the previous paragraph shall be the responsibility of the Ministry of Public Works for the formal approval of the information study, which shall include the future 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.

In the case of revisions of the urban planning instruments, or in cases where a different type of instrument is approved, the new infrastructures contained in the studies will be included Information has been definitively approved before. For this purpose, the information studies shall include a proposal of the reserve band for the foreseeable occupation of the infrastructure and its public domain areas.

To the sole effects of the temporary occupation of the land for the taking of data and realization of the necessary prospections for the elaboration of the projects, the approval of the informative studies will involve the declaration of public utility and the need for temporary occupation of such land.

8. Ten years after the formal approval of an information study without the implementation of the relevant works, the provisions of the previous paragraph shall cease to have effect.

Article 6. Approval of the projects, construction and commissioning of railway infrastructure members of the Railway Network of General Interest.

1. It is for the railway infrastructure managers referred to in Article 22 of this law to approve the basic and construction projects of the railway infrastructure of their ownership, as well as their construction.

It is understood by project of construction that it establishes the complete development of the solution adopted in relation to the necessity of a certain railway infrastructure, with the necessary detail to make feasible its construction and further exploitation. The basic project is the part of the construction project that contains the geometrical aspects of the project, as well as the concrete definition of the affected goods and rights.

Projects for the construction of new infrastructure or those that significantly modify or introduce relevant disturbances in the railway operation, as well as the possible modifications of these projects, shall be brought to the attention of the railway undertakings, the Ministry of Public Works and the State Railway Safety Agency, prior to their approval.

Five years after the technical approval of a construction project without the execution of the corresponding works being initiated, this will be without effect.

2. Approval of the relevant basic project or of the construction of railway lines, sections of the same or other elements of the railway infrastructure or of modification of the pre-existing ones requiring the use of new land, the declaration of public utility or social interest, the need for occupation and the declaration of urgency of the occupation, for the purposes of the compulsory expropriation of those in which the line, section or element of the line is to be constructed; railway infrastructure or that are necessary to modify the pre-existing ones, as provided for in the expropriation legislation.

In the event that services, services, access or communication facilities are affected, it will be possible to opt for the expropriation or for the replacement of those. In the latter case, the ownership of those services or parts as well as the responsibilities and obligations arising from its operation, maintenance and conservation shall correspond to the holder originating in those services or routes. By regulatory procedure, the hearing of the latter in the corresponding procedure will be regulated, its intervention in the reception of the works carried out for the replacement and the regime of responsibility, which will continue in any case being from the holder originating, unless otherwise expressed.

3. The expropriatory power will be exercised, in any case, by the General Administration of the State and the beneficiary of the expropriation will be the administrator of railway infrastructures that will assume the rights and obligations that the legislation of Expropriations set and will pay the cost of the expropriations.

4. Railway infrastructure managers may, by means of a collaboration agreement, entrust other public administrations, public law entities and related companies or subsidiaries of these administrations with the powers of corresponding to the procurement of railway works in the Railway Network of General Interest. The entrustment shall in no case include the approval of the construction project, nor shall it affect the functions of supervision and reception of the work.

5. Prior to the placing in service of railway lines, of their sections and of the transport stations of passengers or freight terminals belonging to the Railway Network of General Interest, whatever the procedure has been In the case of construction, it will be necessary to have an authorisation from the State Railway Safety Agency stating that the railway line or the relevant section may enter into service, in compliance with the safety conditions required by the applicable rules. The procedure and the requirements for the authorisation shall be determined in accordance with the rules.

Article 7. Impact of railway infrastructure on urban planning. Municipal control.

1. The general plans and other general urban planning instruments shall qualify the land concerned by the railway infrastructure which is part of the General Interest Railway Network, as well as those to be addressed. for this purpose, in accordance with the information studies definitively approved, as a general railway or equivalent system of State ownership, and shall not include determinations which prevent or disturb the exercise of the powers of the allocated to the railway infrastructure manager.

2. In addition, in cases where the wording, revision or amendment of an urban planning instrument affecting railway lines, sections of the railway infrastructure or the railway infrastructure is agreed upon, it shall be agreed upon. Article 9, the body with the authority to agree on its initial approval, must send the contents of the project to the Ministry of Public Works prior to its approval, in order to be issued by the Ministry of Public Works within two months. from the date of its receipt and on a binding basis as regards matters falling within its competence, a a comprehensive report of the observations which it considers appropriate. If that period has not been completed, the report referred to by the Ministry concerned shall be deemed to be in accordance with the urban planning project.

Instruments for the modification, revision, development or implementation of territorial and urban planning cannot be approved, which contravene the provisions of an information study approved definitively

In the case of information studies in processing that, having not yet been approved, have been submitted to public information, the competent administration in terms of spatial planning or urban planning, as appropriate, In each case, in the areas affected by the railway lines and actions covered by this public information, the suspension of approval of new classifications and soil ratings and the effects of the above shall be carried out. approved, as well as the suspension of the granting of new authorizations and licenses planning, pending approval of the study, with a maximum period of suspension of one year from the date of publication of the announcement of the public information of the relevant study, which may be extended by the Ministry For a maximum period of six months.

It is excluded from the above those administrative actions of a territorial, urban or building character that if they are compatible with the future railway performance or are limited to the mere conservation and maintenance of the existing, prior binding report of the Ministry of Public Works.

3. Works of construction, repair or preservation of railway lines, sections of railway lines or other elements of the infrastructure shall be considered as works of general interest. The construction projects shall, in advance of their approval, be communicated to the competent urban administration for the purpose of verifying their suitability for the information study and to issue a report, which shall be understood as favourable if one month elapses from such communication without it being issued.

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, regulating the Bases of the Local Regime.

4. The railway infrastructure manager shall not require authorisations, permits or administrative licences for the first installation, operation or opening, provided for in the regulations in force for the development of the activities directly linked to rail traffic.

5. The authorisations and, where appropriate, the concessions granted to individuals for the performance of works or activities in the railway service area referred to in Article 9, shall not exempt their holders from obtaining the permits, licences and other authorisations which, in each case, are required by other legal provisions.

Article 8. Level Steps.

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. The provisional establishment of new steps at a level for the strictly necessary time and in the form that it is regulated may be authorised only on an exceptional basis and for justified reasons.

It will be up to the general railway infrastructure managers to authorise the provisional establishment of new level steps. This authorisation shall be reasoned and communicated to the State Railway Safety Agency.

2. The general managers of railway infrastructure, and public administrations with competence in the field of roads, shall proceed as provided for in the budget and in accordance with the conventions which, where appropriate, they may be concluded, the removal of the steps at existing level and, where appropriate, their replacement by cross-level crossings in the form that they are regulated.

3. The construction of new housing estates and centres or establishments such as hospitals, sports centres, teachers, cultural, industrial or other equivalent facilities, when access to them can be carried out through a existing level, will involve the need for the disposal of the same, with the cost of such removal of account of the developer of the urbanization or establishment.

In any event, the sponsoring entity shall present to the administrator of the railway infrastructure concerned a specific project of the accesses to the railway infrastructure, including the aspects of the area, road network and urban services which have an impact on the public domain, easement and condition of the railway. The administrator, after a report from the Ministry of Public Works, shall adopt the resulting resolution.

4. The general managers of railway infrastructure, in order to preserve and improve the safety of road and rail road users, will be able to perform the reordering of level steps, as well as their access, both public ownership as private, in the latter case ensuring access to the affected premises.

5. The administrative approval of the projects for the construction of crossings at a different level and those of the necessary works for the reordering, concentration and improvement of the steps at the level and their accesses, including the improvement of their visibility, will lead to the declaration of public utility, the need for occupation and the urgency for the expropriation of the goods and rights which may be necessary for such actions. For the approval of these projects, the public information procedure will not be necessary, when the actions to be carried out do not entail a substantial modification in the functionality of the affected line.

These works are not subject to the acts of municipal preventive control referred to in article 84.1.b of Law 7/1985, of April 2, and have the character of works of conservation, maintenance and replacement of railway installations. However, new construction projects must be submitted to a competent urban administration report which shall be deemed to have been issued favourably if it has not been expressly evacuated within one month of receipt of the the documentation.

6. The steps at level shall have the appropriate protection and signalling systems to ensure the safety which, in each case, corresponds to them according to the classification to be established.

7. 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, with their expressly prohibited. use by different persons or for traffics or purposes other than those covered by it. The general managers of railway infrastructure may, on their own initiative or on a proposal from the public authorities responsible for roads, agree to the closure of the steps at the level established on private roads where the holders of the same do not respect the conditions of the authorisation or do not properly address their conservation, protection and signalling, or where the crossing of the track can be carried out by other close steps, either at the same or at different levels. The conditions of the authorisation granted for the establishment of the step at a level may be amended or new security or passing requirements may be imposed where the circumstances of the road or the crossing have changed since the date of granting. of that.

8. They shall not have the consideration of steps at level for the purposes of this law, the intersections of roads or routes of communication with railway lines when those are produced within or on the access to industrial or port areas, provided that the following circumstances are met:

(a) that the operator of these railway lines shares with the responsible of the road the management of the traffic in the crossing points.

b) That the preference in these points is fixed at each moment according to the aforementioned system of management of the traffics, being able to share the platform of the railway line with the road traffic.

Such intersections shall have the protection that corresponds to what is determined to be regulated and the trains shall limit their maximum circulation speed to those at 40 kilometres per hour.

9. Similarly, the intersections of roads, both those intended for road traffic and the pedestrian traffic, with the railway lines integrated in the General Interest Railway Network, will not be taken into account for the purposes of this law. tranches of the same which are liable to be used not only for the movement of trains and other conventional rail vehicles, but also for tramways, light metres, or other means of transport on different rails of conventional rail, provided that the following requirements are met:

(a) that the physical configuration of the railway line or section of the railway line responds to the typologies and design parameters of the lines intended for the movement of trams, light metres or similar vehicles.

(b) the traffic control systems of the line or section and the characteristics of their operation are those normally used on lines intended for the movement of trams, light metres or similar vehicles.

Article 9. Railway service areas.

1. The Ministry of Public Works may define, in particular in areas linked to passenger transport stations or freight terminals, railway service areas which shall include the land necessary for the implementation of the 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 guarantee the development of the service rail.

Without prejudice to the activities referred to in the preceding paragraph, other industrial, commercial and service activities may be carried out within the railway service area, the location of which is justified by the relationship to those, in accordance with the determination of the project for the delimitation and use of railway spaces and the corresponding urban planning.

The applicable regime, within the railway service areas, to the grounds necessary for the implementation of railway infrastructure and for the performance of the infrastructure manager's own activities (a) shall be subject to the provisions of the draft delimitation and use of railway spaces referred to in the following

.

2. The establishment of the service area will be carried out through a project of delimitation and use of railway spaces, which will include the activities that are planned to develop in the various areas as well as their justification or convenience. The project will be developed by the railway infrastructure manager and approved by the Minister for Development. The content, the documentation and the procedure to be followed for approval, which will necessarily include the issue of the report by local and regional planning authorities on aspects, will be established. of their competence.

In any case, the procedure for the approval of the projects for the delimitation and use of railway spaces will include the binding report of the Ministry of Defense when the proposal for delimitation includes land, buildings and facilities, including their security zones, linked to the purposes of national defence.

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.

Article 10. Urban consideration of service areas.

1. The general plans and other general urban planning instruments shall qualify the land for railway service areas as a general rail system or equivalent state ownership 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 service areas established in the project of delimitation and use of railway spaces will be developed through a special plan of planning of the area of railway service or instrument equivalent, which will be processed as follows:

(a) The railway infrastructure manager may formulate the draft special plan, which shall be processed and approved, as a public initiative plan, by the competent urban authority in accordance with the applicable legislation in each case.

(b) The processing of the plan, with character prior to its approval, will be completed by the competent planning authority to transfer the plan of the plan to the railway infrastructure manager, in order for it to report on the issues of their competence within a maximum of one month.

(c) If the plan is not to be moved, within six months of its referral by the railway infrastructure manager to the body responsible for processing it, or a disagreement between the two authorities. on its content, the urban administration may not approve it, and must start a negotiation period with the railway infrastructure manager in order to obtain an express agreement within two months. After that period without agreement, the dossier shall be forwarded to the Council of Ministers, which shall, on a binding basis, decide on the questions which are the subject of disagreement.

3. Works carried out in the railway service area shall be adapted to the special planning plan of the railway service area or to the equivalent instrument. In order to establish this requirement, it shall be requested, prior to its completion, to report to the competent urban administration which shall be deemed to be in favour if one month elapses after the submission of the relevant documentation. the person has been referred.

4. Where the special planning plan for the railway service area or the equivalent instrument referred to in the second paragraph has not been approved, the works carried out by the railway infrastructure manager in the area shall not be approved. Railway service must be compatible with the project of delimitation and use of railway spaces.

5. The suspension of the implementation, by the town planning bodies, of the works carried out by the railway infrastructure manager shall not be suspended if they are carried out in compliance with the plans and projects of approved works. by the competent bodies.

Article 11. Closure of lines or sections of the railway infrastructure.

1. Where the operation of a railway line is not economically and socially profitable, the Council of Ministers shall, at the request of the Minister for Development, upon request, if appropriate, of the infrastructure manager. It may agree to the closure and subsequent exclusion of the Railway Network of General Interest, resulting from the application of Article 4 (3) and (4

.

Before the closing request is made, the infrastructure manager must consult with the railway undertakings.

2. Prior to the adoption of the closure agreement of the affected line or section, the Ministry of Public Works will bring it to the attention of the autonomous communities and local entities that may be affected. If the autonomous communities or local authorities do not assume the funding for the administration of the railway line or section thereof, the Council of Ministers shall agree to its closure, or, where appropriate, its transfer to the autonomous community. corresponding to the terms provided for in Article 4.3.

If some or all of the funding of the line or section is assumed, the Ministry of Public Works, the railway infrastructure manager and the administrations that assume the financing will subscribe to an agreement in which they will be established. the terms of the maintenance of the line or line section concerned in the General Interest Railway Network.

3. The closure of elements other than lines and sections shall be agreed in accordance with the conditions laid down by the Ministry of Development and in accordance with the rules and procedure laid down in the preceding paragraphs.

CHAPTER III

Limitations to the property

Article 12. Public domain zone, protection zone, and building limit.

For the purposes of this law, they are established on the railway lines that form part of the General Interest Railway Network, a public domain zone, another protection zone and a building limit. Both the referred areas and the building limit will be governed by the provisions of this law and its development provisions.

The organs of the General Administration of the State, in the exercise of the powers that correspond to them in relation to the areas of public domain and protection and with the limit of construction, will coordinate with each other and with the from other public administrations to which they are legally entrusted with powers in relation to land which has a special safeguard.

Article 13. Public domain zone.

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

2. Regulations may be determined a distance lower than that laid down in the preceding paragraph in order to delimit the area of public domain and the area of protection, in the light of the technical characteristics of the railway line in question and the characteristics of the soil by which the line runs. The reduction of the area of public domain, protection or the limit line of the building by private interests may not be authorised.

3. The outer edge of the esplanation is the intersection of the slope of the dismount, of the embankment or, where appropriate, of the holding walls adjoining the natural terrain.

In cases where the characteristics of the terrain do not allow the outer edge of the esplanation to be defined, the outer edge of the outer edge of the road shall be an imaginary line, parallel to the axis of the road, situated at a distance of three metres. measured, perpendicular to said axis, from the outer edge of the outer rail.

4. In special cases of bridges, viaducts, structures or similar works, as a general rule, the vertical projection lines 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 field covered by the above mentioned lines. In cases where the height of the structure is sufficient, it may be defined as a zone of public domain only the area necessary to ensure the preservation and maintenance of the work, and in any case, the outline of the supports and stirrups and a sufficient perimeter strip around these elements.

Article 14. Protection zone.

1. The protection zone of the railway lines consists of a strip of land on either side of the same demarcated, interiorly, by the area of public domain defined in the previous article and, subsequently, by two parallel lines situated 70 meters from the outer edges of the esplanation.

2. On the ground classified by urban planning as urban or urbanizable, and provided that the same one has the most precise planning that requires the applicable urban legislation, in order to start its execution, the distances established in the previous section 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. These distances may be reduced by the general managers of railway infrastructure, subject to the report of the State Agency for Railway Safety in the field of their competence, provided that the need or interest is demonstrated. (a) the public service of the reduction, and no prejudice to the regularity, conservation and free transit of the railway without, in any event, the area of public domain which may be less than two metres. The application for a reduction shall be accompanied by at least one explanatory note and flat and flat plan drawings describing precisely the purpose of the reduction.

Article 15. Building limit.

1. On both sides of the railway lines forming part of the Railway Network of General Interest, the building limit line is established, from which to the railway line any type of construction work is prohibited, reconstruction or enlargement, with the exception of those that are essential for the preservation and maintenance of existing buildings at the time of the entry into force of this law. The establishment of new high-voltage power lines within the area affected by the building limit line is also prohibited.

In the tunnels and in the underground railway lines or covered with slabs, the limit line of the building will not be applicable. The building boundary line shall not be applicable either when the work to be performed is a fencing or enclosure.

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

On railway lines that are part of the General Interest Rail Network and run through urban areas, the building's boundary line is twenty meters from the edge closest to the platform.

Reglamentarily, a lower distance than the one provided in the preceding paragraph may be determined for the building boundary line, depending on the characteristics of the lines.

3. In addition, the general infrastructure managers, after reporting by the State Agency for Railway Safety in the field of their competences and of the local autonomous communities and entities concerned, may, for geographical reasons or (a) to establish a different building boundary line than that established in general, applicable to certain railway lines forming part of the General Interest Railway Network, in areas or areas defined. This reduction will not affect specific points, but will be applied along complete and significant length sections.

4. Where it is necessary to carry out works within the area established by the building limit line in a particular point or area, the general infrastructure managers, after reporting by the State Security Agency Railway in the field of its powers, may lay down the limit of construction at a distance lower than those referred to in paragraph 2, subject to the request of the person concerned and the handling of the administrative file concerned, and where this does not contravene urban planning and does not cause harm to security, (a) regularity, conservation and free transit of the railway, as well as when it is not incompatible with the construction of new infrastructure corresponding to information studies which continue to have effects in accordance with the provisions of the Article 5 (8) of this law.

Article 16. Other limitations relating to areas of public domain and protection.

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 plant or cut down trees, the prior authorisation of the railway infrastructure manager shall be required. The provisions of this paragraph are without prejudice to the powers of other public administrations.

Applicants for an authorisation for the construction of works, installations or activities in public domain areas of the railway shall be obliged to provide the railway infrastructure manager with the necessary guarantees that it requires in connection with the proper execution of the authorised activities, in accordance with what is, where appropriate, determined by regulation.

Any works that are carried out in the public domain area and in the protection zone and which are intended to safeguard landscapes or buildings or to limit the noise caused by the transit through the railway lines, will be costed by the promoters of the same.

However, only works or installations in the area of public domain 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 service 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 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, upon request of the railway infrastructure manager of the line. If the requirement is not addressed within the time limit, the railway infrastructure manager of the line shall act in a subsidiary way, through the realization of the necessary tasks of cleaning and collection of the material, leaving the occupation of the land liable to compensate for the costs incurred by that action.

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 prior to the authorisation of the railway infrastructure manager. The latter may use or authorise the use of the protection zone for reasons of general interest, where the best service of the railway line or for reasons of safety of rail traffic requires it.

The occupation of the protection zone and the damages caused by its use, in accordance with the Law of 16 December 1954, of Compulsory Expropriation, shall be indemnified.

The refusal of the authorisation 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, or for safety reasons for rail traffic, or in the fact that the work, installation or activity affects the safety of the railway traffic, directly or indirectly affects the stability of the platform or the esplanation, causes damage to the integrity of any element of the infrastructure, make it difficult to maintain or prevent the proper operation of the infrastructure.

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.

4. In existing buildings and installations, works of repair and improvement can be carried out exclusively, provided that they do not increase the volume of the construction and without the increase in value that those behave can be dyed for the purposes of expropriation. In any event, such works shall require the prior authorisation of the railway infrastructure manager, without prejudice to any other permits or authorisations which may be necessary in accordance with the applicable rules.

5. Provided that the preservation and maintenance of the railway infrastructure is ensured, the urban planning may qualify with different uses, overlapping surfaces, in the scraper and the subsurface or the flight, in order to constitute a real estate complex, as permitted by state soil legislation.

Article 17. Expropriation of existing goods in the protection zone up to the building limit line.

In the protection zone up to the building limit line, the railway infrastructure manager will be able to request the Ministry of Public Works for the expropriation of goods that will have to be considered a domain (a) the public utility declaration, and the need for its occupation and the declaration of urgency of the public utility, provided that its interest is justified for the provision of rail services and for security of the circulation.

Article 18. Illegal works and activities in areas of public domain or protection of the railway infrastructure.

1. The Government's delegates to the Autonomous Communities, at the request of the Ministry of Public Works, the State Agency for Railway Safety or the railway infrastructure manager, shall have the work or facilities stopped and the suspension of prohibited uses, which are not authorised or 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.

2. The Government Delegate shall be of interest to the railway infrastructure manager, who shall carry out the proper verification of the works at a standstill and the suspended uses, and shall, within two months of the date of the The following resolutions shall be issued to and after hearing from those who may be directly affected:

(a) The demolition of the works or installations and the definitive prohibition of the prohibited uses, not authorized or which do not conform to the authorizations granted.

b) The initiation of the appropriate file for the eventual regularization of the works or installations or authorization of the permitted uses.

3. The adoption of the appropriate arrangements shall be without prejudice to any sanctions and any order of responsibility resulting from them.

CHAPTER IV

The administration of rail infrastructure

Article 19. Content and scope of the administration of the railway infrastructure.

1. The management of the railway infrastructure integrated in the Railway Network of General Interest is intended to maintain and operate the railway infrastructure, as well as the management of its control, traffic and safety system. The performance of functions inherent in the management of the control, movement and security system may not be entrusted to third parties.

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 this law.

3. The business public entities referred to in Article 22 shall be considered by railway infrastructure managers to which the rules contained in Chapter V of Title II of this Law shall apply.

Public bodies managing ports of general interest connected to the General Interest Railway Network shall perform functions of the railway infrastructure manager in relation to the infrastructure for each port, for which the rules contained in Chapter VIII of Title II shall apply.

4. Without prejudice to the provisions of the previous paragraph, the Minister for Public Works may also assign to a public or private entity, under a contract, the functions of the railway infrastructure manager for construction. and administration or only the administration of a particular railway infrastructure that forms part or is to be part of the General Interest Railway Network. The selection of the contractor will be in line with the forecasts contained in the general public sector contract legislation.

In the event that such entities are entrusted with the construction of a railway infrastructure, the supervision and approval of the projects and the reception of the works will correspond to the Ministry of Public Works.

Within the powers and functions of the infrastructure managers listed in Article 23, those referred to in paragraphs (h) and (k) shall in no case be entrusted to undertakings or bodies providing services. of rail transport.

Article 20. Minimum basic services for access to the railway infrastructure.

In order to guarantee the right of access to the infrastructure, the railway infrastructure managers will provide all railway undertakings, in a non-discriminatory manner and in the terms provided for in this law and in its development rules, the following set of services:

a) Processing of railway infrastructure capacity requests.

b) You are available for the granted capacity.

c) Use of the railway infrastructure, including forks and detours from the network.

(d) Control of the train, including signalling, regulation, dispatch, as well as communication and provision of information on railway traffic.

e) Use of electrical power facilities for the traction current, when available.

(f) Information on train traffic services and any delays.

g) Any other information required to enter or exploit the service for which capacity has been granted.

Article 21. Change of administration of a railway infrastructure.

By agreement of the Council of Ministers, adopted on the proposal of the Minister of Public Works, it may be decided that any element of the railway infrastructure already existing and integrated into the Network of General Interest it is administered by one of the infrastructure managers referred to in Article 22 and shall be administered by another entity other than those referred to in Article 19.

The change in the managing entity shall imply any changes in ownership or legal status that are accurate, as established in this law and its implementing rules, as well as in other rules that are applicable to the management. application. This change will be implemented by agreement of the Council of Ministers, on the proposal of the Minister of Public Works.

The transmissions to be carried out pursuant to this article will be exempt from any state, regional or local tax, including the taxes transferred to the autonomous communities, without it being applicable to the same as provided for in Article 9.2 of the recast text of the Local Government Law Regulatory Law, approved by Royal Legislative Decree of 5 March.

The indicated transmissions, acts or operations shall also be subject to exemption from tariffs or fees for the intervention of public and property registrants and registrants.

CHAPTER V

Legal regime of the general managers of railway infrastructure

Article 22. General administration of the infrastructure of the Railway Network of General Interest.

The management of the railway infrastructure and its construction will correspond, within the area of state competence, to one or more public entities assigned to the Ministry of Public Works that will have own legal personality, full capacity to act and own assets and shall be governed by the provisions of this law, in Law 6/1997 of 14 April of the organization and operation of the General Administration of the State, in its own statutes and in the other rules applicable to it.

The references in this law to the general managers of railway infrastructure shall be construed as referring to the business entities provided for in this Article.

Article 23. Functions of the general managers of railway infrastructure.

1. The following functions are the responsibility of the general railway infrastructure managers:

(a) The approval of the basic projects and the construction of railway infrastructure of their ownership which must be part of the General Interest Railway Network and its construction, provided that it is carried out with its own resources and as determined by the Ministry of Public Works.

(b) Construction with non-railway infrastructure resources, in accordance with the relevant convention.

(c) The management of the railway infrastructure of its ownership and those entrusted to it by the appropriate agreement.

(d) The provision of minimum basic services for access to the railway infrastructure listed in Article 20.

(e) the control, surveillance and inspection of the railway infrastructure which it administers, its protection zones and the railway traffic which it produces.

f) The exploitation of the property of your property, and of those who are assigned to you and of those whose management is entrusted to you.

g) The elaboration, approval, and publication of the statement on the network.

(h) The allocation of infrastructure capacity to the railway undertakings and other candidates listed in Article 34 that request it and the conclusion of framework agreements with those.

i) The provision of ancillary and ancillary services to the rail transport service.

(j) The approval and collection of the fees for the provision of ancillary and ancillary services to the rail transport service.

k) The determination, review and collection of fees for the use of railway infrastructure, in accordance with the legal and regulatory regime of implementation.

(l) Cooperation with bodies in other Member States of the European Union to manage railway infrastructure, to establish and to allocate infrastructure capacity covering more than one national network.

m) The resolution of the claims of patrimonial liability that are formulated with respect to the action of the same.

n) Other than any other assigned to you in this law or its development provisions.

2. The general managers of railway infrastructure shall not be able to provide rail transport services, except those which are inherent in their own activity.

3. For the performance of their duties, general managers of railway infrastructure may carry out all kinds of administrative and provision acts provided for in civil and commercial law.

4. In the performance of their duties, the general managers of railway infrastructure shall act with management autonomy within the limits laid down in their statutes and taking into account, in any event, the guarantee of public interest, the safety of users, the overall efficiency of the rail system and the principles of transparency, non-discrimination, impartiality and independence of any railway operator.

Article 24. Management and construction of railway infrastructure by the general managers of railway infrastructure.

1. It is for the general managers of railway infrastructure to manage the railway infrastructure of which they are the holders or are entrusted to them under an agreement.

2. The construction and administration of the railway infrastructure by the general managers of railway infrastructure shall be carried out in accordance with the following

:

(a) The responsible railway infrastructure manager may undertake the construction and administration, including maintenance, of the lines of his ownership, as provided for in paragraph 1 (a) and (b) of the preceding article.

(b) General railway infrastructure managers shall adjust their activity to the rules laid down for public administrations in public sector contract legislation, for the preparation, the award, fulfilment, effects and extinction of contracts for construction or modification of railway infrastructure, with the exception of electrification and signalling works, the maintenance of railway infrastructure and the management of traffic control, traffic and safety systems.

(c) General managers of railway infrastructure shall contract in accordance with the provisions of Law 31/2007 of 30 October on procurement procedures in the water, energy, transport and transport sectors. postal services. In cases where this law is not applicable, the railway infrastructure managers shall accommodate their action to the internal instructions which, in accordance with the provisions of the public sector contract law, should approve those entities for the award of contracts not subject to harmonised regulation.

(d) In those contracts where, in accordance with the above paragraphs, benefits are included whose recruitment is subject to the law on public sector contracts, together with benefits whose (a) is subject to Law 31/2007 of 30 October, or together with benefits whose recruitment is governed by the internal instructions approved by the institution, the railway infrastructure manager shall in any case attend to the determination of the standards to be observed in the preparation and award, effects and the extinction of the abovementioned contracts, the nature of the benefit which is most important from an economic point of view.

3. Where, in those cases where the implementation of several activities is intended, they are made clear by drawing up the ex-ante evaluation document referred to in Article 134 of the recast of the Law on Contracts in the Sector the circumstances referred to in Article 134, and that the alternative arrangements for procurement provided for in the rules which are applicable, in accordance with the above rules, do not permit the satisfaction of the purposes and projected objectives, the railway infrastructure manager will be able to the construction or management of railway infrastructure through the conclusion of contracts for collaboration between the public sector and the private sector as defined in Article 11 of the recast of the Law on Public Sector Contracts. These contracts shall be governed, with the specialities provided for in this law, by the rules applicable to them as referred to in the first subparagraph of this paragraph, except in cases where they are included among the actions to be carried out. the execution of platform or road-assembly works in which the railway infrastructure manager shall adjust its activity to the rules laid down for public administrations in the law on public sector contracts; on contracts for collaboration between the public sector and the private sector, with independence of the percentage representing each of the benefits from the economic point of view in relation to the total budget of the contract.

In contracts for collaboration between the public sector and the private sector, the term of execution of the contract will be determined according to the amortisation of the investments or the financing formulas to be provided, without the limitation provided for in Article 314 of the recast of the Law on Public Sector Contracts is applicable; however, the duration of such contracts shall in no case exceed 40 years. In addition, in all contracts for collaboration between the public sector and the private sector whose estimated value is EUR 12 million or more, the approval of the dossier will require prior authorisation from the Council of Ministers and the mandatory and binding report of the Ministry of Finance and Public Administrations that gives a statement on the budgetary implications and financial commitments that it entails, as well as on its impact on compliance with the objective of budgetary stability.

4. The railway infrastructure manager may also carry out the construction or administration of railway infrastructure by the conclusion of a contract for the award of public works, which shall be governed by the provisions of the legislation on public sector contracts, with the specifications provided for in this law.

In the contract documents governing the contract, provision may be made for the concessionaire to be paid for the execution of the work by the price paid by the users for the use of the infrastructure, the income from the exploitation of the commercial areas linked to them or the performance of complementary activities such as the use of hotels, service stations, car parks or leisure or recreational establishments and, where appropriate, by means of the contributions they may provide

(a) to carry out the railway infrastructure manager himself.

Article 25. Economic contributions from the State. Conventions and activity programs.

1. Within the framework of Community and national legislation, the general managers of railway infrastructure may receive financial contributions from the State which are in accordance with the sustainable exercise of the functions they have. allocated, in particular with regard to the construction, maintenance, conservation, replacement or improvement of infrastructure, as well as the scale of the infrastructure and its financial needs, in particular to in the face of new investments. Such contributions shall take into account the costs necessary to carry out the activity by an efficient and well-managed undertaking.

Without prejudice to the foregoing, the Government may agree that investments that may be required may be made by means other than direct state funding, through the means of public-private collaboration. established in the current legal order.

2. The Ministry of Public Works and the railway infrastructure manager, after a report by the Ministry of Finance and Public Administrations, which shall be binding, shall sign an agreement for a period of not less than five years, shall include in its object the different infrastructure and service facilities it administers and which shall comply with the basic principles and parameters set out in Annex II. The agreement shall indicate the objectives and objectives to be achieved and shall propose the amount of contributions to be made by the State, as provided for in the previous paragraph. The package of measures included in the convention must ensure the economic sustainability of the railway infrastructure. The terms of the agreement and the structure of the payments to be made under the agreement in terms of financing to the infrastructure manager shall be fixed for the entire duration of the agreement from the time of its subscription.

Prior to its adoption, the Ministry of Public Works will forward the agreement to the railway undertakings and other candidates, so that, within one month, they will examine and, where appropriate, report the agreement. The agreement will be published in the "Official State Gazette" within one month of your subscription.

The General Intervention of the State Administration will issue a financial control report on the degree of implementation of the economic forecasts of the agreement, in which its technical opinion on the liquidation of the contributions to be made by the State. The Ministry of Public Works shall carry out technical control over the execution of the same.

3. The government shall also take the necessary measures to ensure that, in normal business circumstances and over a period of no more than five years, the profit and loss accounting of the general managers of the Rail infrastructure reflects at least a balancing situation between, on the one hand, the revenue from the charges for the use of infrastructure, the revenue from the charges for the provision of services complementary and ancillary, the surpluses of other commercial activities, the income not (a) reimbursable of private origin and state funding including, where applicable, advances paid by the State, and, on the other hand, infrastructure costs.

In those segments where rail transport is competitive with other modes of transport, the Government may require infrastructure managers to balance their accounts without state funding.

4. In the framework of the Government's general policy, and in accordance with the strategy indicative of the development, maintenance and renewal of the railway infrastructure, the general infrastructure managers must approve a programme of activity that will include investment and financing plans.

This program will aim to ensure the optimal and efficient use, supply and development of the infrastructure, while ensuring the financial balance, and will provide the necessary means to achieve these objectives. The railway infrastructure managers shall forward the draft of the programme to the Ministry of Public Works, the State Agency for Railway Safety, railway undertakings and other candidates, the National Markets and Competition Commission, and other interested parties, prior to their approval, in order to ensure that these actors have access to the relevant information that may be relevant to them and also that they have the opportunity to make submissions on the content of the programme of activity relating to the conditions of access and use of (a) different services related to railway infrastructure, and to the nature, supply and development of railway infrastructure, prior to their approval, as well as to the provision of updates to the planned fees, in accordance with Article 100.1.

This programme shall be updated annually and shall contain all actions related to the establishment of railway infrastructure of the General Interest Railway Network, or any modification thereof from the the point of view of the layout or of its functional or operating conditions, intended for the following five years.

5. The general managers of railway infrastructure shall take the necessary measures to ensure consistency between the convention and the programme of activity respectively provided for in the preceding paragraphs, if they are necessary, to reschedule the planned investments to accommodate them to the existing financing capacity at each moment.

6. The general managers of railway infrastructure shall keep a record of all the assets they administer, which shall be used to determine the financing necessary for the repair or replacement of the assets and which shall include information detailed on the expenditure on the renovation and modernisation of the infrastructure.

Also, the railway infrastructure managers will submit to the approval of the Ministry of Development, a method of allocation of costs to the different categories of services offered to the railway companies. This method will be updated regularly to include best international accounting practices.

This method of allocation of costs and its updates will be previously reported by the Ministry of Finance and Public Administrations, by the National Commission of Markets and Competition and by the National Council of Land Transport.

Article 26. Resources of the general managers of railway infrastructure.

The economic resources of the general managers of railway infrastructure may be any of those listed in Article 65 (1) of Law 6/1997, of 14 April, of the organisation and operation of the railway infrastructure. General Administration of the State. The economic resources of the railway infrastructure manager include:

1. The State's capital contributions, which shall constitute the entity's own resources.

2. º Those who obtain for the management and exploitation of their assets or of that whose management is entrusted to them and for the provision of services to third parties.

3. º The income, commercial or other nature, that it obtains for the execution of the agreements or contracts-program concluded with the State.

4. º The amount of the fees to be charged for affectation, in accordance with this law.

5. The Community funds that can be allocated to you.

6. The amount of charges levied on the use of railway infrastructure and the provision of minimum basic services and also the amount to be charged for the fees and charges for the provision of ancillary and ancillary services.

7. The current transfers or capital transfers which, if any, may be included in the General Budget of the State.

8. The financial resources accruing from debt transactions, in accordance with the provisions of Article 111 of Law 47/2003 of 26 November, General Budget.

9. Grants.

10. º Those who obtain for the execution of the conventions that they celebrate with the autonomous communities, local entities or with private entities.

11. No. Other financial or non-financial income and other income that you obtain in accordance with the provisions of the law or the regulations that develop it.

Article 27. Heritage of the general managers of railway infrastructure.

1. The general managers of railway infrastructure shall have, for the purposes of their purposes, a property of their own, other than that of the General Administration of the State, consisting of all the goods, rights and obligations of which are headlines.

The railway infrastructure belonging to the Railway Network of General Interest is owned by the general managers of railway infrastructure, according to the distribution that is carried out by order of the Minister of Public Works, as well as the goods and rights assigned to him by law or regulation, which he acquires or builds with his own resources.

The provisions of the preceding paragraph shall not apply in relation to the railway infrastructure located in the service area of ports of general interest.

2. The general managers of railway infrastructure may, at any time, exercise the powers of administration, defence, police, investigation, deslinde and recovery in respect of the public domain assets of their ownership. posessory which grants the General Administration of the State legislation on the assets of public administrations.

Likewise, it will be for them to establish the regime of use of the public domain property of their ownership and to grant the authorizations and other titles that allow their use by third parties.

3. All the railway lines, the land occupied by them and the facilities located in the public domain area are all public domain.

The general managers of railway infrastructure will be able to disaffect the public domain property of their ownership that they are unnecessary for the provision of services of general interest and essential for the community.

This disaffection shall be carried out by the competent bodies of the general managers of railway infrastructure in accordance with their statutes, after the corresponding declaration of innecessity, subject to prior notification. The Ministry of Public Works, and will determine the incorporation of the affected goods into their own assets.

Unaffected goods may be subject to disposal or permuse provided that the requirements laid down in the compulsory expropriation legislation for reversion have been met.

Article 28. Legal status of labour and budgetary, economic and financial, accounting, intervention and financial control systems.

1. The legal status of the staff of the general managers of railway infrastructure and their recruitment shall be in accordance with the labour law, as provided for in Article 55.1 and 2 of Law 6/1997 of 14 April.

2. The budgetary procedure, the economic-financial system, the accounting system, the intervention and the financial control system of the general managers of railway infrastructure shall be determined in their statutes, in accordance with the provisions of the Law 47/2003 of 26 November, General Budget.

Article 29. Tax regime.

The general infrastructure managers will be subject to the tax regime of the business public entities, with the particularities that this law provides.

Article 30. Control of the performance of the general managers of railway infrastructure.

1. The technical and efficiency control of the management to be carried out by the general managers of railway infrastructure shall be carried out by the Ministry of Public Works, basically through the following procedures:

(a) Through its intervention in the procedure for the approval of the operating and capital budgets and in the multiannual programme of action, investments and financing of the railway infrastructure manager.

(b) By means of the audits or financial and management controls that are necessary and carried out by the Ministry itself or the entity designated by it and without prejudice to the functions of the General Intervention of the State Administration.

(c) By means of the communication by the railway infrastructure managers of the data and agreements relating to the issues to be determined by, in any case, the necessary documentation to be required; and carry out, directly, the examination of accounting or other aspects of management, where appropriate.

(d) Through the inspection actions on the provision of services and the administration of the infrastructures, as well as those corresponding to the State Agency for Railway Safety, in the terms provided for in the Regulatory standards for safety in the movement of the Railway Network of General Interest.

e) Monitoring that the activity programmes approved by the infrastructure managers adapt to the general policy determined by the Government, to the strategy indicative of the development, maintenance and renewal of the railway infrastructure, in particular as regards the prioritisation of the actions to be carried out on the network, and the conventions to be signed pursuant to Article 25.2.

2. The budgetary and financial control of the general managers of railway infrastructure shall be carried out in accordance with the provisions of Law 47/2003 of 26 November for business public entities.

Article 31. Status of the general managers of railway infrastructure.

The Council of Ministers, at the initiative of the Minister of Development and on the proposal of the Minister of Finance and Public Administrations, will approve by Royal decree the statutes of the general managers of infrastructures railway, in which, in addition to the questions referred to in Article 62 of Law 6/1997, of 14 April, the basic organisational structure, the higher management bodies and the functions of the same shall be regulated.

CHAPTER VI

Statement on the network

Article 32. Content, elaboration, characteristics and publication of the statement on the network.

1. The network declaration shall set out the characteristics of the infrastructure made available to railway undertakings and shall inform the railway undertakings about the technical capacity and conditions of each section of the network and the conditions of access to it. Its content shall be as set out in Annex III.

2. Railway infrastructure managers, after consulting the Ministry of Public Works, the State Agency for Railway Safety, railway undertakings and other candidates, the National Commission for Markets and Competition, and the other They shall, in accordance with Article 1 (1) of Regulation (EU) no-6/ (EU), adopt and publish the network declaration. The network declaration shall be published in the Spanish language and, at least, in another official language of the European Union. The content of the network declaration may be obtained free of charge in electronic form on the website of the respective infrastructure manager and access to it, if any, through a common web portal of the different administrators.

3. The network declaration shall be published at least four months before the end of the time limit for the request for infrastructure capacity.

CHAPTER VII

Award of infrastructure capacity

Article 33. Concept of capacity allocation.

The allocation of infrastructure capacity is the allocation by the railway infrastructure manager of those slots, as defined in the network declaration, to the relevant candidates with the purpose of a train or a railway vehicle to be able to move between two points for a specified period of time.

Article 34. Candidates.

1. Railway undertakings and international business groups which constitute such undertakings may apply for the allocation of infrastructure capacity.

2. They may also apply for infrastructure capacity, in the form and with the requirements to be laid down in regulation, for public administrations with competence in the field of rail transport which have a public service interest in the acquisition of capacity, and the consignors, the shippers and those carriers and transport operators which, without the consideration of railway undertakings, have a commercial interest in the acquisition of capacity. In such cases, for the use of the infrastructure capacity, it shall be necessary for the candidates to appoint a railway undertaking and communicate that circumstance to the infrastructure manager.

3. All companies that demonstrate their interest in obtaining a railway undertaking licence may make a consultation with the administrator on the available capacity at any given time.

Article 35. Requirements for candidates.

The railway infrastructure managers, in line with what is regulated and in order to protect their legitimate expectations in terms of revenue and the future use of the infrastructure that manage, they may impose requirements on candidates, provided that they are appropriate, transparent and non-discriminatory.

Such requirements shall be specified in the network statement and shall relate exclusively to the suitability for submitting tenders in accordance with the purpose of obtaining infrastructure capacity and the provision of financial guarantees, which may not exceed an appropriate maximum, proportional to the level of activity envisaged by the candidate.

The regulatory procedure for the application of these requirements will be in line with the criteria to be set by the European Commission pursuant to Article 41.3 of Directive 2012/34/EU of the European Parliament and of the European Parliament. Council of 21 November 2012 establishing a single European railway area.

Article 36. Award procedure.

The timetable and the procedure for the allocation of capacity to the candidates shall be regulated, specifying the rights and obligations of the candidates and the railway infrastructure manager as regards the capacity allocation. The capacity allocation procedure shall be consistent with the principles of transparency, objectivity and non-discrimination.

This regulation will provide for the coordination of capacity requests and the measures to be taken by administrators in the event of infrastructure congestion, as well as cooperation among infrastructure managers. for the efficient allocation of train paths in transport services covering sections of lines managed by different infrastructure managers.

Article 37. Special measures in the event of disturbances in rail traffic.

1. In the event of an accident, technical failure or any other incident which significantly disrupts rail traffic, the railway infrastructure manager shall take all necessary measures to restore the situation of the railway infrastructure. as soon as possible. To this end, it shall draw up a contingency plan, without prejudice to the provisions of Law 2/1985 of 21 January on Civil Protection and the powers of the Autonomous Communities in this field.

2. Where, for exceptional reasons, the infrastructure is temporarily unusable, the railway infrastructure manager may suspend, without prior notice, the provision of rail services on such infrastructure. for the implementation, as a matter of urgency, of the necessary repairs. The railway undertakings concerned shall not be entitled to require compensation or compensation.

3. In the cases provided for in this Article, railway undertakings shall be obliged to make available to the railway infrastructure manager the resources which he considers appropriate in each case and to provide the railway infrastructure manager with the cooperation which he is required.

Article 38. Capacity usage rights.

1. The right of use for infrastructure capacity shall be awarded by the railway infrastructure manager and shall not be transferred to another undertaking once it has been attributed to a candidate. The use of capacity by a railway undertaking operating on behalf of a successful candidate for capacity other than a railway undertaking shall not be considered to be a transfer. In such a case, the use of capacity shall be carried out for the purposes of the successful tenderer's own business, which shall be one of those referred to in Article 34.2.

2. Any legal business on the capacity of infrastructure awarded is prohibited.

The use of capacity by a railway undertaking operating on behalf of a candidate shall not be considered to be transmitted.

3. Infrastructure managers and candidates may conclude framework agreements for the capacity reserve in which the characteristics of the infrastructure capacity requested and offered to the applicant for a duration shall be specified. greater than a period of validity of the service schedule.

4. The framework agreements shall not determine the railway lines in detail, shall not prevent the use of the relevant infrastructure by other candidates or for other services and may be modified or limited to allow for better use of the railway infrastructure.

5. The framework agreements shall be valid for a maximum of five years, renewable for equal periods.

However, a period exceeding five years may be agreed when justified by the existence of commercial contracts, specialised investments or risks. For services using a specialised infrastructure requiring large and long-term investments, duly justified by the candidate, framework agreements may be concluded for a period of up to 15 years.

It will be possible for a period of validity of more than 15 years in exceptional cases and, in particular, in the case of large-scale and long-term investments, and especially where these are the subject of contractual commitments. include a multi-annual repayment plan. In such a case, the applicant's needs may require the precise definition of the characteristics of the capacity, including the frequencies, volume and quality of the train paths, which shall be awarded to the applicant during the course of the the validity of the framework agreement. In the case of congested infrastructure, the railway infrastructure manager may reduce the reserved capacity when, within a period of at least one month, it has been used below the quota allocated to the candidate.

6. The railway infrastructure manager shall communicate the framework agreements to the National Markets and Competition Commission and, while respecting the confidentiality of the data with commercial relevance, shall inform the interested parties, if so required by these, from the general lines of each framework agreement.

CHAPTER VIII

Railway infrastructure at ports and airports of general interest

Article 39. Applicable regime.

1. The railway infrastructure of ownership of a port authority which in each moment exists in the service areas of the ports of general interest and is connected with the Network of General Interest, will be part of this and will be shall incorporate into the Infrastructure Catalogue of the General Interest Railway Network referred to in Article 4.4 of this Law.

2. The Port Authority shall exercise in respect of the railway infrastructure referred to in the previous paragraph in the ports of general interest, and in the terms provided for in the additional provision seventh, the powers which are attribute to the railway infrastructure manager in paragraphs (a), (b), (c), (d), (e), (f), (i), (j), (m) and (n) of Article 23 (1).

3. The connection of the railway infrastructure referred to in the previous paragraph with the rest of the General Interest Rail Network shall be collected in the network declaration and shall be governed by an agreement. The agreement shall be concluded jointly by the relevant port authority, the general manager of the relevant railway infrastructure and the ports of the State for each port of general interest, subject to authorisation by the The Ministry of Public Works and the Ministry of Public Works shall establish the obligations and rights of each of the parties, in accordance with the following principles:

a) The general manager of infrastructure and the Port Authority will establish, in accordance with the guidelines established by the Ministry of Development, the rules for the physical and functional connection of the infrastructures (a) a railway undertaking. To this effect the lines of connection of the port with the rest of the Network of General Interest will be defined in the convention.

b) The port authorities shall establish, in respect of ports of general interest and prior favourable report of Ports of the State, the rules for the design and operation of the existing railway network in each port, in not to disturb the proper functioning of the rest of the Railway Network of General Interest.

In the convention will be collected any operational aspects of the net and the rules that will have to respect the manager of railway infrastructures for the allocation of the capacity of the railway infrastructures existing in the field of ports of general interest.

4. To existing railway infrastructure in ports which do not belong to the General Interest Railway Network, but which are connected or intended to connect to the network managed by the general infrastructure manager railway, the rules agreed by this and the Port Authority shall apply, which may be incorporated into the convention provided for in paragraph 3.

The connection of the railway infrastructure referred to in paragraph 1 with other networks which are not part of the General Interest Rail Network shall be governed by a convention between the holders of the two networks, prior to favorable report of State Ports.

5. Railway infrastructure which, at any time, exists in the service areas of airports of general interest and is connected with the rest of the General Interest Railway Network, is part of the network and will be governed by the rules General provisions of this law, without prejudice to the appropriate convention which, in order to coordinate their respective competences, is concluded between the public body managing the airports and the railway infrastructure manager.

6. 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 various infrastructures to facilitate the interconnection and compatibility between the different networks.

CHAPTER IX

Private-owned rail infrastructure

Article 40. Scheme applicable to private railway lines of ownership.

1. They are privately owned infrastructure owned by individuals, individually or collectively.

2. For the establishment or operation of a privately owned railway infrastructure which runs through the territory of more than one autonomous community, it shall be necessary to obtain, in advance, the corresponding administrative authorisation which enable for this. Prior to the granting of the authorization by the Ministry of Public Works, the applicant shall submit a draft establishment or operation of the line which shall include at least one explanatory note for the purposes to be pursued. by the establishment or operation of the planned infrastructure, with its general and partial plans, as well as the corresponding budgets, the activities to be carried out on that infrastructure, the description of the works and the the technical circumstances of carrying out the same, which must comply with the rules which, in security and interoperability are to be established by the Ministry of Public Works. The project for the establishment or operation of the line shall be submitted by the Ministry of Public Works to the competent bodies of the autonomous communities on whose territory the infrastructure is to be carried out, prior to its authorisation. This report shall be issued within one month from the time it is requested, on the understanding that it is favourable if it is not referred to in that period.

3. For the purposes of this private railway infrastructure, rail transport may be carried out exclusively for its own account, as a complement to other main activities carried out by its holder.

4. Where the establishment of a railway line of private ownership is, in accordance with the legislation expropriatory, of public utility or of social interest, the Ministry of Public Works may enable its holder to occupy the land of (a) to the extent necessary and, where appropriate, to acquire the private property through the compulsory expropriation procedure in which the latter will have the status of a beneficiary.

Article 41. Elements to complement the General Interest Railway Network.

The connection of the railway infrastructure not belonging to the General Interest Railway Network, especially of the cargo, with the General Interest Railway Network can only be realized when the administrator the railway infrastructure expressly authorizes it. The holder of the railway infrastructure not belonging to the Railway Network of General Interest shall facilitate the connection in terms to be determined in the authorisation. The conditions under which the connection of these railway infrastructure with the Railway Network of General Interest and the system of construction and operation of the private ownership elements shall be carried out shall be determined. which complement the railway infrastructure of ownership of the railway infrastructure managers referred to in Article 22.

TITLE III

Facilities for service and provision of services to railway undertakings

Article 42. Service installations.

1. The following are the service facilities for the purposes of this law:

(a) Passenger transport stations, as well as their related buildings and facilities, including information panels on itineraries and travel and own sites for the sale of banknotes.

b) The technical and logistical facilities for goods.

(c) Classification stations and train training facilities, including facilities for manoeuvres.

d) The paths.

e) Maintenance facilities for railway vehicles, with the exception of heavy maintenance facilities dedicated to high-speed trains or other types of rolling stock requiring installations specific.

f) Other technical installations, such as washing and cleaning facilities.

g) Port facilities linked to railway activities.

h) Protection installations.

i) Fuel provisioning facilities.

j) Width and axis changers.

2. The provisions of this Title shall apply to those facilities referred to in the previous paragraph which offer services related to rail transport in the Railway Network of General Interest to more than one final customer, with the independence of the holder of the installation or the operator of the services provided to the undertakings.

In relation to heavy maintenance facilities for railway vehicles engaged in high-speed trains or other types of rolling stock requiring specific installations, they shall be considered as installations of service only in relation to the provisions of paragraphs 4 and 6 of this Article.

3. If the operator of any of the service facilities referred to in points (a), (b), (c), (d), (g) and (i) of paragraph 1 is under the direct or indirect control of a body or undertaking providing rail transport services for which the installation is used and has a dominant position in them, it shall have a differentiated legal personality in order to ensure transparency and non-discrimination in access to such facilities and to the provision of services.

For all the service facilities referred to in paragraph 1, the operator of the facility and that body or undertaking providing rail transport services shall keep separate accounts, including balance sheets and separate results accounts, without prejudice to the general obligation to draw up annual accounts.

4. The network declaration shall in any event include information on the conditions of access to the service facilities related to the network of the respective infrastructure manager and the provision of services in those facilities, or indicate a website where such information can be obtained free of charge in electronic form.

5. Where a service installation has not been used for two or more consecutive years and there are railway undertakings which express an interest in accessing it on the basis of demonstrated needs, the operator shall publicly provide the service. the possibility of the operation of the facility being taken over by a third party unless it proves that an ongoing conversion process prevents the use of the facility by the railway undertakings concerned.

6. Service facilities are declared to be of public utility for the purposes of the compulsory expropriation of the goods and rights necessary for their establishment or extension.

For the recognition of the public utility of an installation it will be necessary for the interested company, which will have the consideration of beneficiary in accordance with the legislation of compulsory expropriation, to request the Ministry of Public Works, contributing the project of execution of the installation and a concrete and individualized relationship of the goods or rights that the applicant considers necessary expropriation.

The request will be submitted for public information and will be collected from the affected bodies. The expropriation procedure shall be carried out in accordance with the provisions of the compulsory expropriation legislation.

In addition, the owners of the facilities will be entitled to use the necessary public domain land, subject to authorization from the Ministry of Public Works.

Article 43. Access to service facilities.

1. The railway infrastructure managers and the other operators of the service facilities shall, in a non-discriminatory manner, provide all railway undertakings and other candidates with access, including access by road

a) to the extent to which it has been established;

2. Applications from railway undertakings and other candidates for access to service facilities and services provided therein shall be answered by the operators within a reasonable time, not exceeding the maximum to establish the National Markets and Competition Commission. Applications may be refused only if there are viable alternatives which allow railway undertakings to operate the transport services of passengers or goods on the same routes or on alternative routes under conditions. economically acceptable. However, this does not imply the obligation for the person responsible for the service installation to make the investments in resources or equipment that are accurate to meet all the requests that are made.

If the operator of the service installation is in the situation described in Article 42.3, it must always give written reasons for the refusal of access to an undertaking and indicate, in each case, the viable alternatives. existing in other facilities.

3. When the operator of a service installation receives requests from different railway undertakings at the same time, they shall endeavour to meet all of them as efficiently as possible.

In any case, rejected applications may be the subject of a complaint to the National Commission on Markets and Competition.

Article 44. Ancillary and ancillary services.

1. Ancillary and ancillary services shall be provided to railway undertakings and other candidates as follows.

2. If the operator of the service installation provides services to any of the services referred to in point 18 of Annex I as complementary services, it shall provide them in a non-discriminatory manner to any railway undertaking which the request.

3. Railway undertakings may request, as ancillary services, any of the services listed in point 19 of Annex I. The operator of the service installation shall not be required to provide such services, but it does offer its the performance of any railway undertaking, must provide them in a non-discriminatory manner to any railway undertaking which requests them.

4. The National Commission of the Markets and the Competition will know and resolve the complaints that the railway companies and the remaining candidates in relation to the provision of the complementary services, as well as the services (a) ancillary services where it is understood that the principle of non-discrimination has been infringed.

Article 45. Provision of services in facilities owned by the general managers of railway infrastructure provided for in Article 22.

1. The provision of supplementary and ancillary services in such facilities shall be carried out under private law and may be carried out directly by the railway infrastructure manager with his or her own resources or under indirect management by means of entities selected in accordance with Law 31/2007 of 30 October, or by other operators, public or private, at their risk and venture.

2. Railway undertakings may provide for themselves or in cooperation with other railway undertakings, either directly or through contracts with third parties, ancillary services in the service facilities of the Railway infrastructure manager.

The use of the service facilities will entail the relevant request for capacity by the railway undertaking to the railway infrastructure manager, which will be allocated according to criteria transparent and non-discriminatory. For each service installation requested and prior to the start of the service, the railway undertaking must give its conformity to the conditions of use of the installation in order to preserve the orderly, efficient and efficient operation. of the facilities. For this purpose, the infrastructure manager shall make public the criteria for the allocation of capacity and the conditions of use of the facilities in the network declaration.

In the event that the railway undertakings provide ancillary services themselves, they shall only pay the fee for the use of the required service installation.

However, if for the provision of the rail transport service the railway undertaking requires, in addition to the use of the service installation, other spaces, equipment or means which the infrastructure manager (a) to provide, these shall be regulated by the relevant lease at a reasonable cost and with a duration equivalent to the period of self-provision.

Where a railway undertaking has exclusive access to such goods or spaces for the provision of services, it shall have the consideration of the operator of the installation of services and shall provide ancillary services to other railway undertakings in a non-discriminatory and at reasonable cost, in accordance with the provisions of this Title.

3. The implementation of complementary and ancillary services, either by direct management or indirect management with contracts with third parties, will require compliance with the requirements for railway safety and, in particular, the provision of the relevant enabling qualifications of railway staff. To this end, railway undertakings and infrastructure managers must have the appropriate procedures in their safety management systems to ensure compliance with the above requirements during the provision of services, both for their part, and for third parties.

4. The arrangements for the provision of services in the service facilities managed by the general managers of railway infrastructure provided for in Article 22 may be regulated in accordance with the principles of non-compliance. discrimination and proportionality.

Article 46. Holdings of other service facilities.

1. The operation of the service facilities located in the ports of general interest and the provision of ancillary and ancillary services shall comply with the provisions of the port legislation. For this purpose the basic services of access to the infrastructure and the ancillary and ancillary services shall have the consideration of general service and commercial services or activities, respectively.

In any event, the exploitation of such facilities and the provision of such services shall be subject to the rules of transparency and non-discrimination set out in the preceding articles.

2. The services referred to in Article 20 may be provided, in the field of ports of general interest, by the general managers of railway infrastructure or other public or private entities, subject to agreement between them. entity and the relevant port authority.

3. The economic conditions for the operation of the service facilities on lines forming part of the General Interest Railway Network and managed by a private entity under the provisions of Article 19.4 shall be collected in the contract in which the administration command is formalized.

Access to facilities and the provision of services will be subject, in any case, to the rules of transparency and non-discrimination regulated in this law.

TITLE IV

Rail transport

CHAPTER I

General provisions

Article 47. Rail transport.

1. Rail transport, for the purposes of this law, is understood to be carried out by railway undertakings using suitable vehicles which circulate on the General Interest Railway Network.

2. Rail transport is a service of general and essential interest to the community and can be of passengers and goods. This service shall be provided under free competition, as provided for in this Act.

3. For the purposes of this law, it is understood by the carriage of passengers, persons and goods, that of any kind of goods.

CHAPTER II

Railway companies

Article 48. Railway undertakings.

These are railway undertakings, the holders of a railway undertaking's 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 this law. Railway undertakings must, in any event, provide traction. Railway undertakings are also considered to be those which exclusively provide traction.

Article 49. Railway undertaking licence.

1. The provision of the rail passenger and freight transport service may not be carried out without obtaining the relevant railway undertaking licence beforehand. The entity applying for the licence shall, in any event, make the declaration of activity, which shall include the types of services it intends to provide. Any licence application shall be accompanied by the documentation specified in an order of the Minister for Public Works.

They shall not require a railway undertaking licence, however, entities engaged in the maintenance and repair of railway infrastructure or railway rolling stock provided that they are limited to the transport of material, equipment or elements necessary for the development of its activity, including the carrying out of tests on the track of such material. However, they shall be subject to the application of all safety and movement regulations.

2. It is up to the State Railway Safety Agency to grant the railway undertaking licences. The relevant decision, which shall terminate the administrative procedure, shall be completed within three months of the submission of the application or at the time of completion of the required documentation and shall be reasoned if it is desestimatory of the request made.

Elapsed time without express resolution, the request shall be deemed to be dismissed.

3. The railway undertaking licence shall be unique for the entire Railway Network of General Interest.

4. The railway undertaking licences granted by the other States of the European Union shall have all their effects in Spain, without prejudice to their necessary registration in the Special Railway Register.

5. Railway undertakings may not carry out activities which are not expressly covered by the licence, without prejudice to their application, where appropriate, to the extension or modification of their content.

6. The railway undertaking licence is non-communicable.

7. Railway undertakings may access the railway infrastructure under the terms and conditions laid down in the law.

Article 50. Requirements for obtaining the license.

1. Licences shall be obtained after accreditation by the applicant for compliance with the following requirements:

a) Revestir the form of a public limited company, in accordance with Spanish law. The company must have been established for an indefinite period and its actions must be nominative. If the company is or is to be controlled, directly or indirectly, by one or more persons domiciled in a non-EU Member State, the licence may be refused or its effects limited if the undertakings concerned are not Spanish or Community railways do not benefit, in that State, from the right to effective access to the provision of the railway service.

b) Contar with financial capacity to address your present and future obligations.

c) Ensure the professional competence of your managerial staff.

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

2. Entities intending to provide rail transport services shall have as their main object the performance of such activity.

3. The following entities will not be able to obtain a license:

(a) Those whose directors or members of their management staff suffer or have suffered, in or outside Spain, the custodial sentence until five years after their full compliance, those declared in (a) a court of law, a court of law, a court of law, a court of law, a court of law, a court of law, a court of law, a court of law, a court of law, a court of law, a court of law, Such declaration, disablement or suspension is in force.

(b) Those sanctioned for serious criminal offences within five years of the finality of the sanction.

c) Those that are incurred in a bankruptcy procedure.

d) the penalties or sentences, by means of a final judgment or judgment, for serious infringements committed in the field of specific transport legislation or for very serious infringements of the obligations arising out of them; social or labour standards, in particular the legislation on safety and health at work, within five years of the finality of the sanction resolution.

(e) Those which, by providing cross-border transport of goods subject to customs formalities, have been penalised for failing to comply with the rules governing the customs procedure within five years of the sanctioning resolution.

Article 51. Financial capacity of the applicants.

1. The financial capacity requirement shall be deemed to be met, where the applicant company accredit that it can meet its actual and potential obligations, for a period of 12 months from the licence application.

2. The financial capacity shall be assessed according to the audited annual accounts of the company. The following elements shall be determined for this assessment:

(a) The available financial resources, including deposits in banks, advances entered in current accounts and loans.

(b) The assets and assets of the asset that are eligible for collateral.

c) Operating capital.

(d) Investments made, including those carried out for the purchase of vehicles, land, buildings, installations and rolling stock.

e) The burdens on the company's assets.

f) Taxes and Social Security contributions.

3. In respect of newly created companies, their financial capacity shall be assessed on the basis of their share capital and the guarantees provided by their shareholders or by the company itself to ensure compliance with the obligations of the company. those.

4. In any event, it shall be estimated that the applicant entity does not have sufficient financial capacity when it is not aware of its tax obligations under the terms laid down in Law 58/2003 of 17 December 2003. December, General Tax and the rules laid down for its development, or its obligations to Social Security.

Article 52. Professional competence of the applicant for the licence.

The requirement of professional competence shall be met where the applicant entity has or is committed to having, at the time of its activities, management bodies with the necessary knowledge and experience. to exercise secure and reliable monitoring and operational control of the type of activities for which you enable the license.

Article 53. Coverage of civil liability.

1. The applicant for a licence must have or undertake to be sufficiently guaranteed, at the time of the start of the activities, to give him the licence and during his development, the civil liability in which he may incur, in This is the result of the damage caused to passengers, cargo, luggage, mail and third parties. This guarantee shall also cover liability for damage to railway infrastructure.

2. The amount and the conditions for coverage of civil liability shall be determined in accordance with the nature of the services to be provided.

Article 54. Preserving the license effectiveness.

The license will remain effective as long as the railway company meets the requirements for its grant. It is up to the State Railway Safety Agency to verify compliance by the company with the above requirements. Such verification shall take place:

a) At least every five years from the grant of the license or from the completion of the previous verification procedure.

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

(c) Where the railway undertaking undergoes a change in its legal status, in particular in the case of conversion, merger or acquisition of a significant part of the securities representing its capital or segregation of a branch of activity.

These circumstances will need to be notified by the railway undertaking to the State Agency for Railway Safety within one month of its occurrence. This obligation of communication is expressly imposed on the holders of licences or other enabling securities.

Article 55. License suspension.

1. The State Railway Safety Agency may at any time check whether the railway undertaking holding a licence still complies with the requirements for its authorisation and suspend, in whole or in part, the effects of the licence granted to a railway undertaking. Where the suspension is partial, it shall have the scope which is expressly determined. The resolution to be adopted shall terminate the administrative path.

2. The suspension of the licence may be agreed upon in any of the following cases:

(a) Opening a penalty file for a very serious infringement. The suspension agreement shall be produced in accordance with the procedure laid down for the adoption of provisional measures.

b) As a sanction, as provided for in Title VII.

(c) Where the railway undertaking has interrupted its operations for a period exceeding six months, unless agreed, in accordance with the provisions of the following Article, the revocation of the licence.

3. The suspension shall be agreed only if, in the light of one of the above mentioned causes, the measure is appropriate to ensure the safety and effective provision of the rail transport service. The suspension may be agreed for a maximum period of 24 months.

4. The rules governing the suspension of licences shall be governed by regulation.

Article 56. Revocation of the license.

1. The following are reasons for revocation of the licence granted to a railway undertaking:

(a) The failure of the railway undertaking to comply with the requirements laid down in Article 50.1 for its granting, as well as the failure to comply with any of the causes listed in Article 50 (3), (d) and (e). However, where the licence is revoked for failure to comply with the requirement for financial capacity, the State Railway Safety Agency may, for reasons of general interest, grant the railway undertaking a temporary licence, provided that the safety of the rail transport service is not compromised. Such a temporary licence shall be valid for a maximum period of six months.

(b) The declaration in insolvency, unless the Railway Safety Agency finds that within a reasonable time the undertaking may be financially viable. The opening of the settlement phase shall result in the revocation provided that the State Agency for Railway Safety is convinced that there are no realistic prospects for financial consolidation.

c) obtaining the license by virtue of false statements or by other irregular means.

d) The occurrence of any of the causes of forced dissolution of the railway undertaking provided for in Article 363 of the recast of the Law of Capital Societies, approved by Royal Decree Legislative 1/2010, of 2 of July.

e) The imposition of two penalties for very serious infringements within 12 months, in accordance with the terms of Article 109.4.

2. If a railway undertaking is to discontinue its operations for six months or has not commenced operations within six months of the date of obtaining the licence, the State Railway Safety Agency shall decide, in the light of the circumstances in each case and by means of a reasoned decision, if the licence is to be revoked or suspended.

3. The revocation of the licence shall be agreed by the State Agency for Railway Safety. The resolution will end the administrative route and will be immediately enforceable. As not provided for in this law, the revocation of the license shall be in accordance with the procedure laid down in Title VI of Law 30/1992 of 26 November.

4. The procedure for the revocation of licences will be developed.

Article 57. Communications to other Member States of the European Union.

1. Where the State Railway Safety Agency has indications of the possible non-compliance with the requirements of a railway undertaking to which an authority of another Member State has granted the licence, it shall, without delay, inform that authority.

2. In the event that the Agency is aware that a railway undertaking in another Member State of the European Union operating in Spain has been suspended or revoked, it shall immediately agree to the appropriate measures to ensure that it does not perform the provision of services covered by that enabling title.

3. Whenever the State Agency for Railway Safety has granted, modified, suspended or revoked a licence, it shall immediately inform the European Railway Agency.

Article 58. Obligations of railway undertakings.

1. Railway undertakings shall carry out and publish separately the profit and loss accounts and the balance sheets relating to rail freight services on the one hand, and, on the other, to passenger transport services. Public funds which are paid in respect of activities relating to the provision of public service transport services shall be shown separately in the relevant accounts and shall not be transferred to the relevant activities the provision of other transport services or any other service, without prejudice to the general obligation to draw up annual accounts.

2. Railway undertakings shall provide the statistical and accounting information to be established by order of the Minister for Development, which shall also fix the control, inspection and audit systems and the periodicity with which they are to be supplied. such information.

3. Railway undertakings which have as their object the carriage of passengers must prove to the Ministry of Public Works, with a minimum of three months ' notice at the beginning of their activities, that they will apply general conditions for the carriage of passengers. rail transport of passengers complying with the quality and rights of users determined in accordance with Article 62.1, as well as the relevant Community rules.

4. Railway undertakings whose object is the rail passenger transport shall also be:

a) Establish a system of attention to the complaints that the users present, in terms that are developed regulatively.

b) Determine quality standards for the service and implement a management system for the service to ensure its maintenance. Such quality standards for the service shall include those aspects which are determined in a regulatory manner as regards:

Information and tickets.

Punctuality of services and general principles to address disturbances in them.

Service Cancellations.

Cleaning of rolling stock, air quality and hygiene in vehicles, etc.

User satisfaction studies.

Handling claims, reimbursements, and indemnities for non-compliance with service quality standards.

Provision of assistance to persons with disabilities and persons with reduced mobility.

(c) Passenger transport undertakings shall provide such information in appropriate, accessible and comprehensible formats and shall also ensure that the services are provided in accordance with the rules governing the transport of passengers. basic conditions of accessibility and non-discrimination for access to and use of rail transport.

Railway companies will monitor their own performance in terms of quality of service. In addition, they shall publish each year, together with their annual report, a report on the results achieved in this field. The latter will be sent to the Ministry of Public Works and will be published on the company's website.

CHAPTER III

Administrative intervention in the provision of rail transport services and in the operation of infrastructure

Article 59. Rail transport services subject to public service obligations.

1. The Council of Ministers, after a report from the Government's Delegation for Economic Affairs, may declare, on its own initiative or at the request of the Autonomous Communities or local authorities concerned, that the provision of certain Rail transport services of State competence on the lines or sections of the Railway Network of General Interest are subject to public service obligations. The declaration will take place when the supply of passenger transport services to be carried out by the operators, if they consider their own commercial interest exclusively and do not receive any compensation, will be insufficient or will not be adequate to the conditions of frequency, quality or price necessary to ensure communication between different locations in the Spanish territory.

In its declaration, the Council of Ministers will have to rely on criteria of global efficiency and sustainability, as well as on the existence of alternative modes of transport and the costs and benefits arising from its use vis-à-vis the rail transport.

Services subject to public service obligations shall be provided on an exclusive basis, unless the agreement of the Council of Ministers determines another benefit scheme.

The declaration of public service obligations at the request of the autonomous communities or local corporations will be conditional upon them assuming their funding.

2. For the provision of railway services subject to public service obligations, railway undertakings must have an authorization to be granted by the Ministry of Public Works, after a favourable report from the Ministry of Public Works. Economy and Competitiveness and Finance and Public Administrations and prior agreement of the Government Delegation for Economic Affairs, through a tendering procedure that will conform to the principles of advertising, transparency and non-discrimination.

The authorisation, however, may be the subject of direct award, in so far as it does not contravene Community legislation, where the annual cost of providing the service does not exceed EUR 1 million.

In the case of direct award, the corresponding authorisation must include the need for the service company to comply with the principles of efficiency and good through appropriate mechanisms. business management.

The resolution that agrees to the direct award of the authorization must expressly accredit the causes that justify it.

The authorisations shall define the rights and obligations of the holding companies, including those intended to ensure the continuity of services, and shall determine, where appropriate, the compensation they have the right to be charged for the operation of the services under the conditions laid down by the public service obligations, and calculated in accordance with the provisions of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and road.

3. An order of the Minister of Public Works, prior to the report of the National Commission of the Markets and the Competition, of the Ministry of Economy and Competitiveness and of the Ministry of Finance and Public Administrations and previous agreement of the Commission Delegate of the Government for Economic Affairs, will develop the regime of authorizations to provide rail transport services subject to public service obligations, the procedure for their granting, the rights and obligations of companies for the duration of the authorisations and the causes of the amending and revoking them, taking into account the provisions of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and road.

4. The conditions for the provision of services resulting from the tendering procedure may be amended only in so far as they have been provided for in the authorisation.

Without prejudice to the foregoing, the Ministry of Public Works, after hearing the service company, may modify the conditions to adapt it to changes in the circumstances taken into account at the moment. the award of the authorisation, relating to the increase or decrease in the demand for traffic, in accordance with what is to be regulated. Where the changes have an economic impact on the operation of the service, the amount of compensation shall be updated.

5. For the purpose of financing the cost of the service, the Ministry of Public Works may conclude agreements with the autonomous communities and local authorities. The following conventions may be agreed:

(a) The services which, according to him, are subsidised.

b) The characteristics of your capability.

(c) The administration or public administrations that deliver the amount of the grants.

6. The Ministry of Public Works shall inform the railway infrastructure manager of the authorisations granted under this Article.

7. No infrastructure capacity shall be awarded to an undertaking for the purpose of carrying out rail passenger transport services, the route of which coincides in whole or in part with a service subject to public service obligations, when the Ministry of To promote, ex officio or at the request of the administrator of the railway infrastructure or the public service company, resolve, after report of the National Commission of the Markets and the Competition, that the allocation of capacity compromises the economic balance of the conditions laid down for the provision of the service public, their profitability or significantly impacts on the compensation of their financing from public funds.

Before taking its decision, the Ministry of Public Works will hear all the parties concerned.

In the case of commercial services corresponding to international traffics the previous function corresponds to the National Commission of the Markets and the Competition in accordance with the Community rules.

In any event, the Ministry of Public Works shall inform the National Commission of the Markets and the Competition of any restrictions on the award of capacity adopted in accordance with this paragraph.

Article 60. Intervention by the Administration.

1. The Government, on an exceptional and transitional basis, may agree to the assumption by the General Administration of the State of the management of certain rail transport services or the operation of certain railway infrastructure for ensure public security and national defence.

2. Where the tendering procedure for granting an authorisation for the provision of services subject to public service obligations is declared to be deserted, the Ministry of Public Works may impose the provision of such services, as public service obligation, to the railway undertaking which has adequate and sufficient means and to operate other railway services in the same geographical area. The company will be resarcida, if any, in the form that is determined by order of the Minister of Public Works.

3. If a railway undertaking ceases to provide services for the carriage of passengers subject to public service obligations or ancillary or ancillary services to them, or shall provide them under conditions which do not guarantee the safety of the persons, the Ministry of Public Works shall take all necessary measures to ensure its correct performance.

CHAPTER IV

Special Rail Registration

Article 61. Applicable regime.

1. It is for the State Agency for Railway Safety to maintain and manage the Special Rail Register.

2. The Special Railway Register has a public character and the regulation of its organization and operation will be done by Royal Decree. In the Register, data relating to entities and natural and legal persons whose activity is linked to the railway sector and require for the exercise of the relevant licence, authorisation, certificate or certificate must be entered on the register. (i) the right to do so is expressly laid down by law or regulation. The registration must also include the conditions imposed on those entities and persons for the exercise of their own activity and their amendments, as well as the possible penalties imposed on them, for the purposes of implementing the rules for the aggravation of offences defined in this law.

The rolling stock that circulates through the General Interest Rail Network and the entities in charge of its maintenance shall also be entered in the register.

3. The sections of the Special Rail Register shall record the data required by the Community rules relating to the railway sector which are State-owned.

CHAPTER V

Users ' rights of rail transport services

Article 62. User rights.

1. Users shall be entitled to the use of rail transport services in the terms laid down in the rules of the European Union and other rules of application in the field and, where appropriate, in contracts which they conclude with undertakings. railway.

The price payable by railway undertakings to their customers for remuneration for the railway services provided will be subject to private law, without prejudice to the imposition of mandatory maximum charges. for rail transport services subject to public service obligations.

2. In order of the Minister of Public Works, general conditions or standard contracts may be established for the various classes of rail transport services, both for passengers and for goods.

3. Railway undertakings shall have, at the disposal of the users of the services, a book of complaints, edited in accordance with the model to be determined by regulation.

4. The users, without prejudice to being able to urge the defense of their claims in the terms provided for in the current legislation, before the arbitration boards of transport and, in any case, before the ordinary jurisdiction, are empowered to direct the complaints relating to the provision of the service to the railway undertaking which carries out the service.

Article 63. Comprehensive assistance to those affected by rail accidents.

Victims of accidents occurring in the field of state-controlled rail transport and their families will be entitled to comprehensive assistance to ensure adequate care and support, in terms of are determined to be regulated.

In such regulatory development, the minimum obligations of companies and entities involved in rail transport in assistance to victims and their families, including those with content, will be implemented. economic.

In any event, the railway undertakings operating in the field of state competition, as well as the infrastructure managers of the Railway Network of General Interest, must have an assistance plan. the victims and their family members in the event of a railway accident under the conditions laid down in the said regulatory development. This assistance plan will be approved by the appropriate management centres of the Ministry of Public Works in their respective areas of competence, prior to the mandatory report of the Ministry of the Interior.

TITLE V

Railway Safety

CHAPTER I

Security Regime

Article 64. Railway safety.

1. The performance of railway activities in the General Interest Railway Network shall be subject to the safety standards provided for in this law and its implementing rules.

2. Safety in the railway movement includes the following aspects:

a) Setting targets and tracking security levels through indicators.

(b) The development of the regulatory framework on safety, including safety methods, and the promotion and monitoring of its implementation by rail system operators.

c) The requirements to be met by the safety management systems for obtaining the safety certificate of railway undertakings and the security clearance of infrastructure managers railway.

(d) The conditions for the authorisation of the placing in service of the railway rolling stock, both of the new and of which it has been substantially modified, as well as those of its maintenance.

(e) The conditions and requirements for the authorisation and entry into service of all the structural subsystems which make up the railway system and the conditions for the proper functioning of the subsystems of a functional nature.

(f) The operating system, from the point of view of security, of the infrastructure of the General Interest Railway Network, including security installations and the systems of signalling and traffic management, as well as their maintenance.

g) The conditions to be met by the railway infrastructure managers, the railway undertakings and the other operators in the sector in relation to their internal operating systems in the field of security.

h) The requirements of personnel who perform safety-related functions in the railway movement, including the criteria for their rating.

i) The regime of the investigation of railway accidents and incidents.

(j) Any other related to railway infrastructure, rolling stock, personnel or railway operation not covered by the above paragraphs and which may have an impact on or affect the safety of the railway Railway traffic.

3. The General Administration of the State and its dependent public bodies shall ensure at all times, in accordance with current legislation and technical and scientific progress, for safety in rail transport, as well as for the strict compliance and enforcement of safety standards by the various actors of the rail system.

Priority will be given to actions aimed at continuously improving the safety conditions of the rail system with the main objective of preventing rail accidents.

4. The responsibility for safety in the movement on the General Interest Railway Network is for the railway infrastructure managers and the railway undertakings operating on it.

Railway infrastructure managers and railway undertakings shall apply the safety rules and standards and shall have security management systems in place, appropriate to the provisions of this law and their safety management systems. development provisions, which shall include the measures necessary for the assessment and control of the risks of the railway movement and its monitoring. They shall also be responsible for the safety of the part of the rail system affecting them, including the provision of equipment and the procurement of services, in respect of users, customers, workers, stakeholders and third parties.

Railway infrastructure managers and railway undertakings will be responsible, in accordance with the current legislation, for the training and qualification of their employees and for those other persons who carry out they work with possible safety in the circulation.

5. Without prejudice to the provisions of the previous paragraph, manufacturers of railway rolling stock, approved maintenance centres, entities in charge of maintenance of rolling stock, holders of railway vehicles, Rail-related service operators and procurement entities shall be responsible for the provision of supplies of rolling stock, facilities, accessories, equipment and equipment as well as the services they provide, they are in conformity with the requirements and the conditions of use provided for, Railway undertakings or railway infrastructure managers may be able to use them in a safe manner.

6. It is for the Ministry of Public Works to lay down technical conditions for the design, construction, entry into service and administration of the infrastructure, and for the rolling stock that circulates on them.

Article 65. State Agency for Railway Safety.

1. The State Agency for Railway Safety, set up in accordance with the provisions of the third provision of Law 28/2006 of 18 July, of State agencies for the improvement of public services, is the authority responsible for the Railway safety for the Railway Network of General Interest. As such, it shall perform the following security functions:

(a) Velar for the general maintenance of safety in the circulation on the General Interest Railway Network by monitoring compliance with the obligations of the different actors in this field, as well as the exercise of the power to sanction, where appropriate, railway safety.

(b) Authorise the putting into service of the structural subsystems constituting the rail system and of the vehicles in circulation, as well as verifying that they maintain their requirements.

c) Exorder, renew, modify or revoke security certificates and security clearances of railway companies or infrastructure managers, as well as monitor them later.

(d) Propose, develop and develop the regulatory framework for safety and the monitoring of compliance by rail system operators.

e) Grant, renew, suspend, and revoke the licenses and driving titles of railway personnel.

(f) Grant, suspend or revoke the approval of the training and psycho-physical recognition centres of the railway staff.

g) Grant, suspend or revoke the approval of the rolling stock maintenance centres and the certification of the entities in charge of the maintenance of such material.

h) Organize and manage the Special Rail Register.

i) Other functions assigned to you by legal or regulatory rule.

The Agency may not transfer or entrust these tasks to railway infrastructure managers, railway undertakings or other candidates or contracting entities.

2. The State Agency for Railway Safety shall be independent, in its organisation, structure and decision-making capacity, of any railway undertaking, infrastructure manager, applicant and contracting entity, shall carry out its functions of transparent and non-discriminatory, giving a hearing to stakeholders and motivating their decisions.

You will respond without delay to requests and requests made to you and, once you have been provided with all information collected, you will take all your decisions within a period of not more than four months.

3. The State Agency for Railway Safety may request at any time the technical assistance of railway infrastructure managers, railway undertakings as well as any other interveners in the system rail or other qualified bodies.

In the exercise of the functions of paragraph (1) (d) above, the State Railway Safety Agency shall consult all participating and interested parties, including infrastructure managers, companies. Rail, manufacturers and maintenance companies, users and staff representatives.

4. The State Railway Safety Agency may carry out all inspections and investigations necessary for the performance of its duties and shall have access to all relevant documents and premises, facilities and equipment. of infrastructure managers, railway undertakings and other operators in the railway sector.

5. The operation of the inspection and supervision services of the State Railway Safety Agency, its powers, the powers of its staff and its procedures for action shall be regulated.

6. The State Agency for Railway Safety shall actively cooperate with the European Railway Agency and the relevant authorities of the other Member States of the European Union.

CHAPTER II

Certification and security authorization

Article 66. Security certificate.

1. Before providing transport services on a particular line or section of the General Interest Railway Network, railway undertakings shall obtain the safety certificate.

2. The safety certificate certifies that the railway undertaking has established a safety management system and is in a position to comply with the requirements for systems for the control, movement and safety of railway undertakings. knowledge and requirements of its staff related to the safety of the railway movement and the technical characteristics of the rolling stock to be used and the conditions of its maintenance in order to control the risks and to operate on the network safely.

3. The content of the safety certificate shall be determined and the procedure for granting, renewal, modification or revocation shall be laid down, as well as the requirements to be met by the safety management system and the elements which it must contain, all in accordance with the provisions of Community legislation in that field.

4. Railway undertakings are obliged, at all times, to comply with the conditions laid down in their safety certificates. Failure by railway undertakings to comply with these conditions shall determine the revocation of such certificates, without prejudice to the application of the sanctioning regime provided for in this law.

Article 67. Security authorization.

1. In order to exercise the functions of administration of the Railway Network of General Interest, railway infrastructure managers shall have a security clearance.

2. The safety authorisation provides that the railway infrastructure managers have an established safety management system in place and are in a position to meet the specific requirements for the safety management system. management of the infrastructure under security conditions, including those relating to the knowledge and requirements required of its staff related to safety in the movement, as well as, where appropriate, those relating to maintenance and operation of the traffic control and signalling systems.

3. The content of the security authorization shall be determined and the procedure for granting, renewal, modification or revocation shall be regulated, as well as the requirements to be met by the said management system. security and the elements which it must contain, all in accordance with the provisions of Community legislation in this field.

4. Railway infrastructure managers are obliged to comply at all times with the conditions laid down in their security clearance. Failure to comply with these conditions shall, where appropriate, determine the revocation thereof, without prejudice to the application of the sanctioning regime established in this law.

CHAPTER III

Safety regime applicable to the different elements of the rail system

Article 68. Conditions and requirements of the subsystems of the rail system. Authorisation, movement and maintenance of railway vehicles.

1. By Royal decree, on the proposal of the Minister of Development and initiative of the Agency for Railway Safety, the conditions and requirements for the authorization and putting into service of all the subsystems of structural nature that compose the rail system as well as the conditions for the proper functioning of the subsystems of a functional nature.

2. By order of the Minister of Public Works, on the proposal of the State Agency for Railway Safety, the technical conditions for the projection and construction of the railway infrastructure will be established.

3. The Minister of Public Works, acting on a proposal from the State Agency for Railway Safety, shall regulate the conditions and requirements for the authorisation and registration in the Special Rail Register of rolling stock that circulates on the sections and lines The railway network is part of the Railway Network of General Interest, as well as the certification and registration system in the Special Railway Register of the entities responsible for maintaining and authorising and operating the approved centres for the maintenance of vehicles.

Article 69. Regime applicable to railway personnel.

1. The staff providing their services in the railway field shall have sufficient qualifications to enable the provision of the railway service with due guarantees of safety and efficiency.

2. On the order of the Minister of Development on the proposal of the State Agency for Railway Safety, and after hearing of the most representative unions of the field, the managers of infrastructure and the operators of the railway sector, regulate the conditions and requirements for obtaining the necessary qualifications necessary for the performance of the functions of the railway staff, as well as the system of authorization and operation of approved centres of training and medical recognition of such staff.

3. Railway personnel carrying out activities with an impact on safety in the railway movement may not be able to carry out such activities when they are at higher alcohol rates than those which they regulate, or with a presence in the a body of medicinal products or substances that disturb or diminish their psycho-physical faculties.

Railway personnel are required to undergo testing for the detection of alcohol or psychoactive substances in the body.

4. By Royal Decree on the proposal of the Minister of Development and initiative of the State Agency for Railway Safety, and after hearing of the most representative trade unions of the sector, the infrastructure managers and the operators of the (a) the procedures for controls on alcohol, drugs of abuse and psychoactive substances and medicinal products on railway staff will be regulated, both in those carried out in the initial or periodic tests of the psycho-physical fitness, as in those carried out during the exercise of their activity professional. Aspects of medicinal products which may disturb or reduce the psycho-physical faculties of driving or driving personnel shall also be regulated.

5. In the training programmes aimed at obtaining and maintaining the qualifications of the staff concerned, content will be included on the knowledge of these aspects: alcohol, drugs and psychoactive substances and medicines. In turn, the railway entities shall encourage the use of such personnel, the responsible use of medicinal products which may alter, disturb or modify their psycho-physical faculties in the performance of their duties.

Article 70. Railway traffic regulation.

1. The Railway Traffic Regulation shall lay down the operational rules and procedures necessary for the movement of trains and other railway vehicles by the sections and lines forming part of the Railway Network of General Interest is performed safely and efficiently.

2. The Council of Ministers will approve by Royal Decree, on a proposal from the Minister for Public Works, the Railway Traffic Regulation.

CHAPTER IV

The investigation of rail accidents and incidents

Article 71. Rail accident investigation

1. A technical investigation shall be carried out on serious rail accidents occurring on the General Interest Rail Network and other rail accidents and incidents where the Commission for the Investigation of Accidents Rail transport is considered to be appropriate for its potential impact on the safety of rail traffic.

2. The purpose of the technical investigation is to establish the causes of an accident or incident and the formulation, where appropriate, of the relevant safety recommendations. In no case will it be responsible for determining the fault or responsibility of the facts investigated.

3. Serious accident means any collision or derailment of trains with the result of one or more fatalities, or of five or more serious injuries or major damage to rolling stock, infrastructure or the environment; and also any other accident of similar characteristics or transcendence to the previous ones, the consequences of which would have to be modified by the rules of railway safety or the management of safety.

For major damages, those whose cost can be immediately assessed at an amount equal to or greater than two million euros are understood.

Article 72. The Commission for the investigation of rail accidents.

1. The Commission for the investigation of railway accidents is a specialized collegiate body, attached to the Ministry of Public Works, which has the competence to carry out the technical investigation of accidents and railway incidents.

2. The Commission enjoys full functional independence with regard to the authority responsible for railway safety, infrastructure managers, railway undertakings, charging bodies, the authorities of the Member States of the European Union. certification or notified or any other body or entity whose interests may conflict with its functions.

3. In the performance of their duties, neither the staff nor the members of the plenary of the Commission may request or accept instructions from any public or private entity.

Article 73. Composition.

1. The plenary of the Commission for the investigation of railway accidents is composed of a president, five vowels, one of whom will act as vice president and the secretary, who will have a voice but no vote.

The President and the vowels will be appointed by the Minister of Development among persons of recognized prestige and accredited professional qualification in the railway sector, for which the knowledge will be taken into account technical, professional experience and academic and professional qualifications obtained in connection with this subject.

2. Before his appointment, the Minister of Public Works will bring to the attention of the competent committee of the Congress of Deputies the name of the persons proposed as Chairman and vowels of the Committee of Inquiry, giving the curriculum.

Within the period of one calendar month from the receipt of the corresponding communication, the competent committee of the Congress of Deputies will express its acceptance of the person proposed as President or his reasoned veto. During that period, the parliamentary committee may agree to the appearance of the proposed candidate for President to lay down the basic lines of action to be developed by the Commission for the investigation of rail accidents during its command.

Expiration of such time without the express manifestation of the Congress, the proposal will be understood and the Minister of Development will appoint the candidate as President.

Article 74. Command.

1. The term of office of the President and the vowels will be six years, with no possibility of reelection. The members of the Commission shall be partially renewed every two years, in accordance with the renewal criteria laid down in the rules of operation of the Commission. All members of the Commission shall act independently in the performance of their duties.

2. The members of the Commission shall cease their position as a waiver accepted by the Minister for Public Works, the expiry of the term of his term of office or the revocation of his appointment as agreed by the Minister of Public Works and founded on the permanent incapacity for the exercise of his duties, the firm sanction for serious or very serious breaches of safety in the railway movement, for a serious breach of the obligations of his or her own office, or for a criminal offence.

In the cases of revocation of the appointment, the Minister of Public Works shall forward to the competent committee of the Congress of Deputies a communication stating the cause of the revocation of the appointment.

Article 75. Privileges of the investigators.

1. Officials who have the status of Commission research technicians shall be considered to be agents of the authority when they act in the exercise of their investigative function. During the exercise of their activity, and subject to prior authorisation in cases where the same is necessary, they may:

a) Access to the site of the accident or incident, the rolling stock involved and the related infrastructure and traffic control and signalling facilities.

b) Carry out an immediate inventory of the evidence and decide on the removal of the remains, in a controlled and guarded manner, from infrastructure facilities or parts, for the purposes of the relevant examination.

(c) Access the recording and recording equipment on board and its contents, with the possibility of using them, as well as recording recording of communications in passenger transport stations, transport terminals of goods and traffic control centres, where applicable, and recording the operation of the signalling and traffic control system.

d) Access the results of the medical-forensic expert examination of the victims ' bodies, when it may be relevant to the railway investigation.

e) Access to the results of the examinations and medical analyses of the staff on board the train and any other railway personnel involved in the accident or incident, where it may be relevant to the investigation railway.

f) Interrogate the involved railway staff and other witnesses.

g) Access any relevant information or documentation in the possession of the infrastructure manager, the railway undertakings involved and the State Railway Safety Agency.

h) Access any information related to the accident under investigation, in accordance with the applicable regulations of application in each case.

2. The information obtained will be reserved and the researchers will be obliged to preserve it.

3. Regulatory standards for the technical investigation of rail accidents and incidents and the rules of operation of the Commission for the investigation of rail accidents shall be laid down.

TITLE VI

Economic and tax regime

CHAPTER I

Rail rates

Section 1. Railway Business License Rate

Article 76. Legal regime.

1. It constitutes the taxable fact of the fee for the issue of the railway undertaking's licence, its grant, modification or renewal.

2. The rate of the railway undertaking to which it is granted shall be taxable.

3. The rate will have three modes:

a) By grant.

b) By license modification.

c) For license renewal

Article 77. Accrual.

1. Fees shall be payable at the time of the granting of the licence, its modification or its renewal.

2. The suspension or revocation of the licence shall not entitle the fee to be refunded.

Article 78. Management and affectation.

1. The management, settlement and collection of the fee for the granting or modification of the railway undertaking licence is the responsibility of the State Agency for Railway Safety.

2. The proceeds of the collection of the levy shall be entered into the assets of the State Agency for Railway Safety.

Article 79. Review.

The amount of the regulated fee in this section will be determined for the first time in the General Budget Law of the State and may be updated later by an order from the Minister of Public Works.

The revision proposal must have an economic-financial memory adjusted to the provisions of Article 20.1 of Law 8/1989 of 13 April, of taxes and public prices.

Section 2. th Rate for Security Authorization and Security Certificate Grant

Article 80. Legal regime.

1. It constitutes the taxable fact of the fee for the granting of the security clearance of the railway infrastructure managers or the railway undertaking's safety certificate, the issue of the railway undertaking or its modification, refresh or review.

2. The taxable person of the security clearance fee shall be the railway infrastructure manager and the taxable person of the security certificate shall be the railway undertaking.

3. The rate will have four modes:

a) Security authorization expedition.

b) Modifying, refreshing, or reviewing security authorization.

c) Security certificate expedition.

d) Security certificate extension, refresh, or revision.

Article 81. Accrual.

1. The fee shall be payable at the time of issue, modification, renewal or review of the authorisation or of the security certificate.

2. The suspension or revocation of the security certificate shall not entitle the fee to be refunded.

Article 82. Management and affectation.

1. It is up to the State Agency for Railway Safety to manage, settle and collect the fee for the granting of the authorisation or the security certificate.

2. The proceeds of the collection of the levy shall be entered into the assets of the State Agency for Railway Safety.

Article 83. Review.

The amount of the regulated fee in this section will be determined for the first time in the General Budget Law of the State and may be updated later by an order from the Minister of Public Works.

The revision proposal must have an economic-financial memory adjusted to the provisions of Article 20.1 of Law 8/1989 of 13 April, of taxes and public prices.

Section 3. Third rates for approval of centres, certification of entities and rolling stock, granting of certificates and licences and authorisations for entry into service.

Article 84. Legal regime.

1. They shall be entitled to the levy of the cost of the cost of the necessary formalities and actions, in accordance with the provisions set out in this Chapter, for the precise management of:

(a) Approval of medical and training centres for railway staff, and their renewals or extensions, either by authorising new installations or by the provision of new training disciplines.

b) Granting of titles and driving licenses to railway personnel.

(c) Organisation of calls for examination for railway staff, prior to the granting of certificates and driving licences.

(d) Approval of maintenance centres for railway rolling stock.

e) Certification of entities in charge of maintenance of railway vehicles or certification of delegated maintenance functions.

(f) Authorisation of entry into service of railway vehicles.

g) The granting of security advisor titles in relation to the transport of dangerous goods.

2. It constitutes the taxable fact of the fees, the provision for the administration of the necessary services for the granting, renewal or extensions of the approvals, titles, licenses, certifications or corresponding authorizations, thus as to the services provided for the calls for the procurement of the title, driving licence and safety advisers in relation to the transport of dangerous goods.

3. The natural or legal person making the application for all the cases described in the previous paragraph shall be liable for the fees, according to the assumptions.

4. There will be the following rate modes:

(a) For the approval of medical centres and training of railway personnel:

i. New approvals.

ii. Extension, modification or renewal of approval.

(b) By issue of railway personnel titles or licences:

i. First expedition.

ii. Issue of duplicates, refresh, or modification.

c) By organisation of examination calls for railway staff, prior to the granting of certificates, driving licences and safety adviser.

Your amount will be obtained as a sum of the following concepts:

i. By call.

ii. Per applicant submitted to the call.

iii. By examiner of the court.

iv. By member of the court, in terms of travel expenses, as long as the examinations are carried out outside Madrid.

In the case of examinations for obtaining the title of security adviser, only the amount of paragraph ii shall apply.

In the case of calls made at the request of several training centres, the above amounts will be distributed proportionally between the different applicant centres, so that the amount of the (i), (iii) and, where appropriate, (iv) shall be divided among the number of training centres providing applicants for the call.

(d) For approval of railway rolling stock maintenance centres:

i. New approvals.

ii. Extension, modification or renewal of approval.

e) By certification of entities in charge of maintenance of railway vehicles or of delegated maintenance functions:

i. New certification of entity in charge of maintenance.

ii. Extension, modification or renewal of certification of entity in charge of maintenance.

iii. New maintenance delegable function certification.

iv. Extension, modification, or renewal of maintenance delegable function certification.

(f) For the authorisation of railway vehicles, which shall be determined in respect of each type of material, depending on its technical conditions or economic value.

Article 85. Accrual.

The fees will be payable at the time the corresponding request is made.

Article 86. Management.

The management and settlement of the fees are for the State Agency for Railway Safety.

The proceeds from the collection of the levy will be entered into the estate of the State Agency for Railway Safety.

Article 87. Review.

The amount of the rates regulated in this section will be determined for the first time in the General Budget Law of the State and can be subsequently updated by an order of the Minister of Public Works.

The revision proposal must have an economic-financial memory adjusted to the provisions of Article 20.1 of Law 8/1989 of 13 April, of taxes and public prices.

Section 4. The rate for the provision of services and performance of railway safety activities

Article 88. Legal regime.

1. It constitutes the taxable fact of the fee for the performance by the State Agency for Railway Safety of activities and the provision of supervision and inspection services in the field of railway safety.

2. The taxable persons shall be the railway undertakings and the railway infrastructure managers to which the taxable person concerned relates.

Article 89. Bases for the calculation of the rate amount.

The concepts of rates will be as follows:

a) For infrastructure administrators:

Amount per train per km total of the traffics that circulate through the network you manage. In no case shall the latter amount be incorporated by the infrastructure manager into the costs that are considered in the calculation of future updates of the amounts of the fees it receives from the railway undertakings.

b) For railway undertakings:

Amount per train per km, in long distance services classified in category VL1 as set out in Article 97 (7).

Amount per Train per km, in other long distance passenger transport services.

Amount per train per km, in urban, suburban and inter-city passenger transport services.

Amount by train per km, in freight services.

Article 90. Accrual.

The fee will become due at the time of the corresponding activity or service, and will be settled on a monthly basis.

Article 91. Management and affectation.

The management, settlement, and collection of the fee correspond to the State Agency for Railway Safety.

The proceeds from the collection of the levy will be entered into the estate of the State Agency for Railway Safety.

Article 92. Review.

The amount of the regulated fee in this section will be determined for the first time in the General Budget Law of the State and may be updated later by an order from the Minister of Public Works.

The revision proposal must have an economic-financial memory adjusted to the provisions of Article 20.1 of Law 8/1989 of 13 April, of taxes and public prices.

Section 5. th Rate for the use or special use of goods from the public railway domain

Article 93. Fee for the use or special use of goods in the public railway domain.

1. It is the taxable fact of the fee for the private use or special use of goods in the public domain of rail which are made by concessions and authorisations.

The payment of the fee shall not be required for natural persons or legal persons, other than capital companies, where the private use or special use of public domain goods does not entail a utility economic for the concessionaire, authorized or successful person or, even if such utility is used, the use or the use of conditions or consideration for the beneficiary that nullify or render irrelevant the one. Such a circumstance shall be stated in the terms of the conditions or clause of the authorisation or concession.

Railway infrastructure managers will be exempt from this fee.

2. The accrual of the fee shall be the initial grant and annual maintenance of the concession, authorization or award, and shall be payable in the appropriate amount and within the time limits specified in the conditions of the concession, authorisation or award.

3. Dealers, authorised persons or successful tenderers or, where appropriate, those who subdue instead of those shall be subject to the levy.

4. The railway infrastructure manager shall liquidate this rate for calendar years, with the exception of those accruals for periods lower than the calendar year, which shall be for that fraction of the year.

5. The rateable value shall be determined on the basis of the measured area measured in square metres.

6. The tax rate shall be that resulting from the application to the tax base of the amount to be determined in the General Budget Law of the State per month or fraction of the month for each square metre of the occupied area.

Article 94. Management and affectation.

The railway infrastructure manager who performs the provision of services or is the holder of the railway public domain shall manage the charge and enter the proceeds of the collection into his assets.

The settlement of the fee shall be notified to the taxable person and his payment shall be made within 20 working days of the date of the notification.

Article 95. Review.

The amount of the regulated fee in this section will be determined for the first time in the General Budget Law of the State and may be updated later by an order from the Minister of Public Works.

The revision proposal must have an economic-financial memory adjusted to the provisions of Article 20.1 of Law 8/1989 of 13 April, of taxes and public prices.

Section 6. Canon for the use of railway infrastructure

Article 96. General principles.

1. Railway infrastructure managers shall be aware of railway undertakings using the lines of the General Interest Rail Network, as well as passenger transport stations, freight terminals and freight terminals. other service facilities, the payment of the regulated fees in this section, which shall be given the name of railway charges.

This section sets out the general framework for the fees, which will enable the general managers of railway infrastructure to determine which ones are applicable on each of the lines, sections, stations for the carriage of passengers, freight terminals and other service facilities of the General Interest Railway Network which it administers.

2. In any event, the assets of the railway infrastructure managers shall be affected by the revenue from the charging of the fees, irrespective of the charges or private prices which it may receive from the undertakings concerned. Rail and third parties.

3. The fees shall be fixed in accordance with the general principles of economic viability of the infrastructure, efficient operation of the infrastructure, market situation and financial equilibrium in the provision of services, and according to criteria of equality, transparency and non-discrimination between providers of rail transport services.

4. For the quantification of the charges for the use of railway infrastructure, the costs directly attributable to the railway service shall be taken into account.

Whenever the market is able to accept it, and without ceasing to ensure the optimal competitiveness of market segments, infrastructure managers may charge the addition provided for in Article 97.5.2. The inefficient use of capacity additions will be applied without the above limitations.

The charging system will in any event respect the productivity gains achieved by railway undertakings.

5. Within the framework of the convention referred to in Article 25.2, contributions may be made to the railway infrastructure manager for the operation, maintenance, preservation and replacement of railway infrastructure, the use of which constitutes the taxable fact of the fees provided for in this Section, in so far as the charges do not allow the recovery of all the costs associated with the provision of these services.

6. In order to encourage the efficient use of networks, the environmental costs, in particular the effects of noise, may be taken into account in the use of rail infrastructure for the purpose of establishing the charges for the use of railway infrastructure. accidents and infrastructure which do not affect modes of transport other than rail, in order to reduce their value.

7. They shall also be taken into account for the establishment of the amount of railway charges, in accordance with the effective operation of the Railway Network of General Interest, considerations reflecting the degree of congestion of the infrastructure and the proper functioning of the system, the promotion of new rail transport services, as well as the need to encourage the use of underused lines, ensuring, in any case, optimal competition between railway undertakings.

8. In order to encourage railway undertakings and the railway infrastructure manager itself to minimise traffic disturbances on the General Interest Rail Network, a system of incentives, the principles of which should be established, should be established. They will apply to the entire network. Such a system may include the imposition of penalties for actions that disrupt the functioning of the network, the granting of compensation to undertakings suffering from them and the granting of premiums to the best-than-expected results.

By means of an order from the Minister of Public Works, the basic principles of the application of this incentive system will be developed and updated. The order will set, at least:

a) Procedures for calculating travel times and punctuality margins.

b) Classification of delays and disturbances.

c) Procedures for counting delays and imputation of the disturbance responsibilities.

d) Calculation periods.

e) Procedures for assessing delays and settlement.

f) Conflict resolution procedures.

g) Required periodic system information.

9. In addition, by order of the Minister for Public Works, it will be possible to develop and complete the elements of the general framework of the fees, which will take into account the regulatory measures aimed at encouraging the reduction of the costs of making available the infrastructure or the amount of the fees and systems used to compensate for the use of the railway infrastructure, the environmental, accident and infrastructure costs which do not pay for the competing transport.

In particular, this order may modify the criteria for classification in the different types of lines, services, stops, passenger transport stations, freight terminals and components described in the above. Article 97 and 98, as well as the application scenarios and criteria for quantification of the addition to mode B of the licence fee for use of the railway lines referred to in Article 97.5.2. (b).

10. The above orders will have to be informed, prior to their approval, by the Government's Delegation for Economic Affairs and the National Markets and Competition Commission.

Article 97. Fee for the use of railway lines belonging to the Railway Network of General Interest.

1. Taxable fact.

It constitutes the taxable fact of the licence fee for the use of the railway lines belonging to the Railway Network of General Interest, as well as the provision of services inherent in such use, in the following:

(a) Canon by capacity allocation (Mode A): by the allocation service of those slots, as defined in the network declaration, to the relevant candidates for the purpose of a circular train between two points over a given period of time.

b) Canon for use of railway lines (Mode B): for the action and effect of using a railway line.

(c) Canon for the use of the power-processing and distribution facilities for electric traction power (Mode C): for the action or effect of using the electrification facilities of a railway line.

2. Tax obligated.

Railway undertakings which use or be awarded the capacity to circulate through the General Interest Railway Network shall be taxable persons. They shall also be regarded as taxable persons under the charge for the allocation of capacity, transport operators, shippers and combined transport operators who, without having regard to railway undertakings, obtain capacity allocation.

3. Accrual, enforceability, and payment.

The accrual of the fee shall be at the time of the allocation of the capacity in Mode A and when the railway line is used in Mode B and electrification facilities in Mode C.

The railway infrastructure manager will liquidate the modalities of this fee for calendar months.

The settlement of the modalities of this fee shall be notified to the taxable person and his payment shall be made within 20 working days from the time of the notification.

4. Tax base.

The rateable value of this fee will be the kilometres and, where applicable, the train kilometres, distinguishing for each mode of the licence fee, type of line, type of service and type of traction.

The kilometre train is the unit of measure equivalent to the allocation of capacity to a train over a kilometre or to the use of the railway line by a train over a kilometre.

The square kilometre train is the unit of measure equivalent to a train seat, which runs for a kilometre.

5. Tax quota.

1. The full quota will consist of applying to the tax base the amount to be determined in the General State Budget Law for each mode of the licence fee for each train kilometre, depending on the type of line, type of service and type of traction.

For the determination of the full quota, account shall be taken of the financing framework established in the contracts programmes or agreements concluded between the railway infrastructure manager and the General Administration of the Status.

a) Canon by capacity allocation (Mode A): The full quota will be determined on the basis of each allocated kilometre train, distinguishing by type of line affected and type of service.

This modality will have an impact on the costs of the capacity allocation process, traffic management, traffic safety and the replacement of traffic safety and control facilities, directly attributable to the operation of the rail service.

b) Canon for use of railway lines (Mode B): The full quota will be determined on the basis of the circulated kilometre trains distinguishing by type of line and type of service.

By this means the maintenance and conservation costs of the rail infrastructure directly attributable to the operation of the rail service will be passed on.

This fee shall not apply to the use of the power-processing and distribution facilities of the electric power of traction.

(c) Canon for the use of the power-processing and distribution facilities for electric traction power (Mode C): The full quota shall be determined on the basis of the train kilometres running on railway lines Distinguishing by type of line, type of service and type of traction.

This means that the maintenance and maintenance costs of electrification facilities and their replacement costs, which are directly attributable to the operation of the railway service, will be passed on. It shall have the consideration of electrification facilities for substations, including technical buildings, catenaries, mobile substations and any other installation, equipment or element necessary for the processing and processing distribution of the electric power of traction.

2. º The liquid quota will be the result of applying over the quota integrates an addition for each of the modes A and B according to the following criteria:

a) Canon by capacity allocation (Mode A).

The addition to the full quota of the capacity fee for the non-efficient use of this fee, aims to optimize the use of the railway network, encouraging improvements in the process of programming of trains by operators.

The addition will be applied, according to the amounts to be established in the State General Budget Law, to the difference, in absolute value, between the number of kilometers awarded and the number of trains km that you used, by type of line and type of service.

The addition shall be applied for the passenger services for each train kilometre of difference in absolute value between the allocated capacity and the capacity used in one month by type of line and type of service, where that difference is more than 2% of the allocated capacity and in excess of that percentage.

For goods services, for each train kilometre of difference, in absolute value, between the allocated capacity and the one used in one month per line type, when the difference is greater than 15 per cent of the capacity awarded and as soon as it exceeds that percentage.

In the case of trains where the applicant for capacity is not the railway undertaking which uses the railway undertaking, in the case of a defect in the use of the capacity awarded, the applicant and the applicant shall be liquidated. Case of excess use of the line with respect to the requested capacity, the addition shall be settled for the railway undertaking which has used the line.

The railway infrastructure manager shall review the percentages of minimum differences between the capacity allocated and used, on the basis of their evolution and in order to continue to be an element, every three years. an incentive for the efficient use of the rail network. The new percentages will be updated by publication in the General State Budget Law, along with the tariff update.

b) Canon for use of railway lines (Mode B).

An addition to the full fee of the licence fee for the use of railway lines, the use of high performance networks or the operation of variable-width services or other high intensity situations is established. traffic in certain time periods.

By this addition, financial expenses, replacement costs for the platform, tunnels, bridges, roads, buildings and means used for maintenance and conservation, as well as the necessary costs, will be recovered. for a reasonable development of these infrastructures and all those costs which enable the railway infrastructure manager to achieve the economic sustainability of the infrastructure he manages.

The amount of the addition shall be fixed in the General Budget Law of the State on the basis of the following criteria:

Passenger services by type A lines: The addition will be for each square kilometre, will be calculated on the basis of the train kilometre of the usage fee and for all the places the train has on each route, differentiating by each of the type A lines and by type of service.

Passenger services outside lines A: The addition will be determined for each train kilometre calculated in the usage fee (mode B).

6. Bonuses or discounts.

1. Bonification to incentivize the growth of rail transport.

In order to encourage the efficient operation of the railway network and to promote new rail transport services, the railway infrastructure manager will apply a bonus in the licence fee. of the lines of the Railway Network of General Interest, modalities A and B, for annual traffic increases according to the following criteria:

For lines A will be applied for each individual line combination and service type. For the rest of lines B, C, D, and E will be applied for each line type and service type combination. It will apply to the set of passive subjects that operate in each combination.

For the application of this bonus the railway infrastructure manager shall establish annually in the network statement:

(a) The reference traffic, Tref, measured by train kilometre: shall be the traffic which the railway infrastructure manager considers to be normal according to the pre-existing situation or its foreseeable development.

(b) The target traffic, Tobj, measured by train kilometre: shall be the traffic which the railway infrastructure manager will determine according to his market expectations of the infrastructure and the services they use these.

c) The percentage of target bonus for incremental traffics, Bobj: applicable to incremental traffics when target traffic is reached fixed according to traffic growth expectations; if the an increase corresponding to an intermediate value between the reference traffic and the target traffic, a lower bonus will be applied to the target bonus, applying a progressive system.

The bonus will be calculated as follows:

Global Bonus Percentage B: to be determined based on incremental traffic with reference traffic, as follows:

If the traffic done T falls below the reference traffic, there is no bonus, and therefore B = 0.

If the traffic performed T were between the reference traffic and the target traffic, it will be determined from the objective bonus, corrected with the degree of compliance of the actual traffic with respect to the traffic of reference and of the target traffic, i.e. B = Bobj × (T-Tref)/(Tobj -Tref).

If the traffic done T is higher than the target traffic, it will be the percentage corresponding to the target bonus, then B = Bobj.

Traffic increase passed on to each taxable person (IEF): the overall increase in traffic will be distributed with respect to the reference traffic to the different taxable persons according to the proportion of traffic of the in the exercise. If TEF is the traffic performed by a railway undertaking, the increase in traffic passed on to that taxable person shall be: IEF = (T-Tref) × TEF /T.

Amount of bonus for each taxable person (CBEF): it shall be the result of applying to the amount of royalty paid by the taxable person during the financial year corresponding to the terms A and B, the proportionality of the increase in traffic to the taxable person in respect of the traffic of the same.

Therefore: CBEF = CEF × IEF /TEF.

Bonus for each taxable person (BEF): the percentage of the overall bonus will be determined by applying the bonus amount of each taxable person, i.e. BEF = B × CBEF.

The achievement of the target traffic increase may be projected on a multi-annual basis, but the railway infrastructure manager may annually review the above values for the following reasons:

a) Reference traffic:

Partial or total consolidation of traffic increases or reductions produced in previous years.

Foreseeable evolution of traffic due to conditions beyond the bonus system, for example, by putting into service new infrastructure.

b) Target traffic and target bonus:

Depending on the foreseeable market developments, as a result of the application of the bonus system.

The railway infrastructure manager may institute or delete the multi-year bonus system on a line or line type, or for a service type, according to your traffic expectations.

In cases where the railway undertaking is different from the applicant who has applied for the capacity, for bonus purposes, the fees due for the A-mode shall be computed as if they were for the railway undertaking. that you have made the traffic.

The taxable persons may apply to the railway infrastructure manager during the month of January of the year following the bonus year for the refund of the quantities to be applied for this bonus.

2. Bonification to incentivize the implementation of the ERTMS system.

The laws of general budget of the State may be introduced in the rules A and B of the canon to encourage the implementation of the ERTMS system trains. These bonuses will have no impact on the revenue of the railway infrastructure manager.

These bonuses will apply exclusively to the lines integrated in the railway corridors specified in Decision 2009 /561/EC, provided that for commercial circulations it is not mandatory for those lines. infrastructure for the use of ERTMS-equipped trains.

3. Bonification to encourage the use of the available infrastructure capacity.

In order to promote the use of the available infrastructure capacity, the infrastructure manager may introduce a fee allowance for the use of the network's members. Railway of General Interest, both in modality A and B which would apply to certain slots available in a section or sections of the railway infrastructure. This bonus should be published in the General Budget Law of the State, and will be guided by the following criteria:

Bonified slots will be determined. Such slots may cover a line or a section of the line or be determined as a set of slots covering a line or a section of the line, several lines or sections thereof or a geographical area determined by means of tranches of railway lines.

The time interval will be determined within the lifetime of the service schedule during which the bonus will be in effect.

Traffic will be related to the bonus slots with the bonus set for the fee. The traffic may be determined by means of the train-kilometres, the number of frequencies, the number of passengers or the number of passengers-kilometres. Different bonuses can be set within the same time interval and for different traffic volumes.

Once the bonus is published, the railway undertakings may submit the volume of traffic they undertake to carry out in the period determined by the administrator.

Depending on the volume of traffic, the total fee for the temporary period to be paid by the operator will be determined by applying the corresponding bonus.

The resulting charge of the entire period must be paid by the operator monthly for the duration of the allowance in equal parts.

Only the part of the licence fee for those traffics not carried out under the traffic undertaking committed by the railway undertaking shall be refunded if the traffic reduction is not attributable to the undertaking railway.

The administrator may establish that, in the event that the railway undertaking carries out traffic in excess of the committed traffic, such traffic shall be subsidised with a percentage of the allowance provided for.

7. Line types, service types, and type of traction.

Line types are classified by considering their technical characteristics, maintenance needs, the types of service they support, and their intensity. The line types are:

A: All lines and their links and bypass that allow a maximum speed greater than 200 kilometers/hour by 2/3 of their length.

B1 and B2: Comprises inter-city routes, including their links and bypass, used primarily by, or essential for, passenger services. Lines B1 are those that allow a speed greater than 160 kilometers/hour and less than or equal to 200 kilometers/hour by 2/3 of its length.

The consideration of B2 shall be those journeys not classified in types A, C or B1 in which at least one of the following conditions is fulfilled:

That passenger traffic is majority and assumes at least 10 circulations per day.

correspond to a border link.

Appropriate access to a Train Treatment Center (CTT).

correspond to a link between commutes classified as B.

C1 and C2: These are the paths that make up the vicinity. C1 is considered to be those nearby nuclei with a circulation density per kilometre of line equal to or greater than 80 circulations per day. The remaining commuter cores will be rated as C2.

D: Those paths not classified as A, B or C in which at least one of these circumstances is present:

That merchandise traffic is majority and assumes at least 2 circulations per day.

These are links and access to facilities linked to the transport of goods (parks, ports, logistics facilities for particular goods and referrals).

An alternate line for the transport of category A travelers exists.

E: Those not included in the previous line types.

The railway infrastructure manager shall publish annually in the network declaration the classification of the different lines of the General Interest Railway Network, according to the type described.

The service types are as follows:

VL: Long distance traveler services, distinguishing the following subtypes:

VL1: Long distance services, except those designated as VL2, VL3, and VOT.

VL2: Long-distance services in variable-width relationships, provided that at least 10 percent of their total travel runs along Iberian-wide lines, excluding those designated as VL3.

VL3: Long-distance services in long cross-relations: routes greater than 700 kilometers and which have no origin, destination or intermediate stop in Madrid and its branches.

VCM: Urban or suburban and intercity traveler services.

Urban or suburban services: those that run entirely within a nearby core.

Inter-city services: those that are not urban or suburban have less than 300 kilometers. International trains and long distance train branches are excluded.

Services declared as public service obligations.

VOT: Trains and passenger material without passengers, including isolated machines, vacuum train movement, training and testing.

M: Goods Services: All goods services, including loaded, empty and tested.

The traction type will differentiate:

E: electric traction trains.

D: Diesel traction trains.

Article 98. Fee for the use of the service facilities owned by the general managers of railway infrastructure.

1. Taxable fact.

constitutes the taxable fact of the fee, the use of the service facilities and infrastructure referred to in this Article, as well as the provision of services or public activities inherent in that usage, in the following modes:

A) Canon for the use of the passenger transport stations (Mode A).

B) Canon per step by width changers (Mode B).

C) Canon for use of tracks with platforms for train parking for commercial passenger services and other operations (Mode C).

D) Canon for use of tracks in other service facilities: section, train and manoeuvring training, maintenance, washing and cleaning, fuel supply (Mode D).

E) Canon for use of freight points for goods (Mode E).

This fee does not include the supply of electricity, water, gas oil, telephone, or any other supply or service, the taxable person being the expenses for consumption or supplies he supplies or provides the railway infrastructure manager.

2. Tax obligated.

Shall be taxable persons in the arrangements A, B and C shall be the railway undertakings using the railway service facilities associated with the tracks.

In modality D, railway undertakings and holders of railway rolling stock using the service facilities to be taxed.

In the E mode, the railway undertakings, the holders of railway rolling stock, the transport agents, the shippers and the combined transport operators using the charging points are taxable persons. goods.

For the use of the service facilities in modes C2, D and E, it shall be necessary to obtain capacity at the facility, which shall be required by the taxable person to the railway infrastructure manager, who will regulate their allocation by means of the appropriate allocation process and published in the network declaration, the transfer to third parties of the capacity granted is prohibited. The railway infrastructure manager shall award full capacity for periods of continuous use of years or months, or for periods of time or days.

In modes D and E, the installation may be used by multiple clients at the same time, even if the same is initially assigned to a client (main successful bidder), for a period of time and provided it does not find saturated.

3. Accrual, enforceability and payment.

The accrual shall occur when the railway installation is used for the modes A, B and C1 of the licence fee and when the allocation of the capacity of the facility is produced for the modes C2, D and E, unless the Awards involve a use for periods exceeding the calendar month for these modes D and E, in which case the accrual shall occur on the first day of the successive periods to be settled.

The railway infrastructure manager will liquidate the modalities of this fee for calendar months. However, for periods of use lower than the calendar month, the period shall be settled; and for periods of use exceeding the year, on the request of the taxable person, the infrastructure manager The railway will liquidate the modalities D and E for the anticipated annual periods by applying a bonus that will be determined annually according to the costs of financing of the administrator of railway infrastructures and collection in the proposal updating of the amount of the fees.

The settlement of the modalities of this fee shall be notified to the taxable person and his payment shall be made within 20 working days from the time of the notification.

4. Tax quota.

Quantification elements for the determination of the cannon shall be considered in each of the above modes:

A) Canon for the use of passenger transport stations (Mode A).

By this method of using the service facilities, the costs associated with the maintenance and maintenance of the stations, their replacement and the provision of the minimum basic services will be passed on. of the stations, the financial costs in the case of the stations classified in category 6, as well as the monitoring service of the stations and the access control of the passengers and their luggage.

In the case of services during the opening hours of the stations, the full quota will be determined in accordance with the provisions of paragraph A. 1 for stations of categories 1 to 5 distinguishing according to the category of the station and type of stop and paragraph A. 2 for category 6 stations.

In the case of services outside the opening hours of the stations the full quota shall be determined in accordance with paragraph A. 3.

A. 1) In category 1, 2, 3, 4, or 5 stations:

For each stop with commercial train service at the station, taking into consideration the type of stop, the type of train and the total capacity of the train. The amounts €/stop train shall be determined in the General Budget Law of the State.

The liquid quota will be the result of applying on the previous full quota, an addition that contemplates the intensity of the use of the facilities of the station. Such addition shall be calculated on the basis of the number of passengers actually uploaded or lowered at the station.

Rates in this mode of the licence fee, where a category 1 to 4 station is affected by situations that prevent the provision of minimum basic services for the period of one month or more, shall remain modified during the duration of the extraordinary situation or work as follows:

The rate to be applied to a station for each traveler uploaded or lowered will become the one corresponding to the category immediately below when the number of basic services provided is equal to or less than the number of services In the case of the basic services of the higher category, the basic services of the lower category are more than half of the difference. Once reclassified in the lower category, the process shall be repeated if the number of services provided so determines.

If a basic service is not provided with the usual means but continues to be provided in a "degraded" situation, that is, in any case it is provided, it will be counted within the number of basic services provided.

The infrastructure manager will notify the railway operators of this circumstance as soon as it is known.

The royalty modification will not be applicable to category 5 as the lower category is in the category.

A. 2) In category 6 stations:

The amount of this modality shall be the amount resulting from the total operating costs of the railway infrastructure manager, including the replacement costs and the financial costs, of the whole of the stations of this category per line or nearby core operated by a single operator.

The barrel will be established by line or near-and-year core, with its payment in twelve monthly payments being split.

A. 3) For services outside the opening hours of the stations:

The amount of this mode will be the amount that will result from the number of hours or extraordinary opening fraction of the stations, and the category of the station.

This modality will be applicable in the case of special train traffic with stops at stations outside its opening and closing hours that generate the need for an extraordinary opening of the same.

The applicable amounts per hour and fraction will be determined in the General State Budget Law.

B) Pass-by-width changers (Mode B).

The amount of this mode will be that of applying a unitary amount to be determined in the General State Budget Act at every step of a train by a width changer in either way.

The costs attributable to this mode of the service facility utilization fee are those directly associated with the maintenance and replacement of the width changers.

C) Canon for use of tracks with platforms for train parking for commercial passenger services or other operations (Mode C).

For the purposes of this canon the following two tariffs are set:

C. 1) By train parking for commercial passenger services without other operations:

The amount of the fee is set according to the category of the station, with special effect on those in category

.

A period of 15 minutes is generally established during which the charge will not be applicable.

For the purposes of calculating the parking time on platforms, the intermediate stops of a commercial route, or those where the railway infrastructure manager decides to stay on, shall not be considered. train on the parking path.

The amount of the licence fee shall be that which results from applying to each train the unit quantity by train as determined in the General Budget Law of the State according to the category of the station and the parking time of the train.

In relation to this mode of charge the railway infrastructure manager will use for its liquidation the graph of track occupancy in stations by scheduled trains of the last current financial year, which will be provision of the taxable person.

The costs attributable to this mode of the service facility usage fee correspond to those directly associated with the maintenance and maintenance of the facilities used.

C. 2) By train parking for other operations:

The amount of the fee will be the one that will result from applying the rate to be determined in the General Budget Law of the State according to the category of the station and the type of operation to be performed on the train, to the number of operations of each type performed.

It is applied independently of the C-rate 1 by performing operations to trains during the parking time.

The operations performed on the train will be classified in the following two types:

Type A: Cleaning of the minimum internal and/or external train (front and window and window panes).

Type B: For operations of loading and unloading of services on board, use of water sockets, use of fuel facilities, use of electrical outlets, use of toilet and other facilities analogous.

The costs that may be passed on in this mode of the service facility usage fee correspond to those directly associated with the maintenance and maintenance of the facilities used.

D) Canon for use of tracks in other service facilities: section, train and manoeuvring training, maintenance, washing and cleaning, fuel supply (Mode D).

The costs borne in this mode of the charge for the use of service facilities are those directly attributable to the use of the tracks for the maintenance and replacement of the facilities.

It is set according to the time of use of the service installation path, the path with its basic components, such as the path, the catenary, the detours, and the additional equipment.

The amount of this modality shall be the amount resulting from the calculation of the amount by use of the approved full path, the amount associated with the equipment with which that track is provided and the amount of the optional equipment requested, applying the unit amount of each concept by the corresponding units, prorating for the period requested and affected by the coefficient of performance according to the time of the authorisation (years, months, days, hours), according to the following formula:

CanonD = (C base + C equipment) × T × K (formula d.1)

Imagen: img/disp/2015/234/10440_001.png

Where:

C base = (Length of path × Cvia) + (Length of catenary × Ccatenary) + (n. º deviations × Cdetour)

T = N. of years authorized for annual periods.

T = No. of authorized months/12 for monthly periods.

T = No. of authorized days/365 for periods per day.

T = Number of authorized hours/8760 for periods per hour.

K = Performance Coefficient, which allows the application of discounts/surcharges based on the time object of authorization, according to the following table:

Use Period

Performance Coefficient

3 years

2 years

For 1 year

1.00

months

-in-Time Period

Performance Coefficient

days

2.00

By hours

The catalog of available paths, their features, and their equipment will be published in the network statement.

The amounts corresponding to each component will be determined in the General Budget Law of the State through the following scheme:

Lighting

C Foso-piquera download

Components:

via

Euros/ml of path-year

catenary

Euro/ml of year-year

C type I detour (manual)

Euros/year

C type II detour (telemandate)

Euros/ud-year

Equipment components associated with the path:

C Path Lighting

Euros /ml of via-year

C Beach Lighting

Euro/ml of year-to-year

C Fire Protection Network

Eur/ml of via-year

C load/unload Pier

Euros/ml of muelle-year

Components of Optional equipment:

C Bandeja greases

Euros/ud-year

C Bandeja pickup fuel

Euros/ud-year

C Cabin Access Scales

Euros/ud/year

Euros/ud/year

C Maintenance Fbear (no takes)

Euros/ud/year

C Ramp/download

Euros/ud/year

C Take for water supply, power supply, or compressed air supply

Euros/ud-year

The minimum fee for this mode D per application for each installation will be set annually in the State General Budget Law.

This mode may be affected, as indicated, by the following bonuses or discounts and additions or penalties:

1. First Bonifications.

a) Bonification by concurrency. Where an installation is used by a principal successful tenderer and one or more secondary tenderers, the amount of the fee shall be calculated as follows:

For secondary adjudicators the amount resulting from applying to the formula described above in this section a point-in-use K coefficient:

CanonD = (Cbase + Cequipment) × T × K

For the principal successful tenderer, from the time of use of the route in the installation by a second successful tenderer, the amount of the fee shall be the amount resulting from applying to the above calculation formula a coefficient T equal to the difference between the time initially awarded and the time allocated to the second or second successful tenderers. The remaining parameters will be maintained according to the initial calculation.

b) Bonification for long-lasting material section.

The railway infrastructure manager shall identify those routes which are particularly suitable for long-term railway rolling stock, applying a discount to the licence fee for this mode D in the base components, as shown in the following table, according to the category of the path.

Vies

Category I

0%

Category II

50%

2. th Additions or penalties.

An addition or penalty is established for taxable persons who, having obtained an allocation of capacity for a given installation and period, cancel such reservation prior to the end of the period awarded, thus the amount of the penalty is determined:

(a) For facilities without reserved capacity that have been requested for a period of time use, for a full day or for hours:

Cancellations made in advance of more than 24 hours prior to the installation will not have any penalty.

Cancellations made less than 24 hours before the installation will be paid 100 percent of the fee.

b) For those facilities with reserved capacity that have been requested for a continuous use period or for a period of timely use for full days, cancellations must be made in advance minimum of 30 calendar days and:

If 50 percent of the allotted period has not been used, they will have to pay a minimum amount equal to 50 percent of the total amount of the fee.

If more than 50 percent of the allotted period has been used, they will have no penalty.

E) Canon for use of freight points for goods (Mode E).

To determine the amount of this mode the same elements, criteria, bonuses and penalties will be applied as in D mode, with the particularity that in the calculation formula, there will be a basic component associated with the use of the strip of surface parallel to the track (beach), which allows the transfer of the goods (maximum 8 m), the amount of which will vary according to the finish of the same.

The costs that can be passed on in this mode of the licence fee are those directly attributable to the maintenance and replacement of the facilities.

To the intermodal terminals for the transport of goods owned by the administrator of railway infrastructure which are operated directly by him or by other operators and who provide the loading and unloading service of Intermodal Transport Units (UTI) on and from wagon, this mode will not apply to them.

However, if the railway undertakings require for the performance themselves of ancillary services, in addition to the use of the loading point, other spaces, equipment or means which the infrastructure manager can offer, these will be regulated by the corresponding lease.

The amount of this mode will be the result of applying the formula:

CanonE = (Cbase + Cequipment) × T × K

Where:

base = (Length of path × Cvia) + (Length of catenary × Ccatenary) + (n. º deviations × Cskew) + (Beach length × Cbeach

Base Component

Type I Beach (concreting/adoquin)

Euros/ml-year

C Type (agglomerated)

Euros/ml-year

Type III Beach (zhorras)

Euros/ml-year

All other parameters according to the mode D mode).

The catalog of available load points, the characteristics of their core components, and equipment will be published in the Network statement.

The amounts corresponding to each basic component and equipment will be determined in the General State Budget Law.

The minimum amount of the fee for this mode E will be the equivalent of an 8-hour minimum usage period.

5. Categories of passenger transport stations.

The passenger transport stations are classified in categories, considering their technical characteristics, the provision of services they support and their intensity, being of application for the quantification of the Modes A and C.

The station categories are:

Categories 1 to 4: Long distance and intercity service stations and multi-operator urban or suburban service stations, in accordance with their characteristics with respect to the following five criteria: number of travellers, number of trains, station size, intermodality, location and number of platforms.

Category 5: Long distance and intercity service stations and multi-operator urban or suburban service stations not classified as categories 1 to 4.

Category 6: The specific stations of urban or suburban services with services of a single operator, located in commuter cores with a stop of urban or suburban trains exclusively.

The railway infrastructure manager shall publish annually in the network statement the classification of the different stations that make up the General Interest Rail Network, according to the categories described above. All the stations are in a single category of the established ones. The rating of stations shall be updated with the information of the calendar year immediately above. The new stations shall be classified on the date of their entry into operation, being assessed as regards the criteria for the number of passengers and the number of trains according to the actual information available or the expectations of lower traffic.

The category of a station at levels 1 to 4 will be determined as a result of the scores obtained in each of the five criteria set according to the following formulation:

Imagen: img/disp/2015/234/10440_002.png

Where:

Ki is the value of the coefficient obtained by each station in each of the five criteria set, with an integer value between 1 and 5 according to the five range of characteristics or services defined for each criterion.

Pi is the value of the weight defined in each of the five criteria set. The sum of all Pi weights is equal to 1.

C is the sum of the scores obtained in each of the five established criteria, the value of each coefficient multiplied by its weight. The value of C shall be between a minimum of 1 when all coefficients are 1, up to a maximum of 5 when all coefficients have a value of 5.

The category of the stations is directly related to the C value obtained by each station according to the following scale:

Category 1: C > 4.

Category 2: 3 < C < = 4.

Category 3: 2 < C < = 3.

Category 4: 1.3 < = C < = 2.

Stations not classified as Category 1 to 4 or with a value of C less than 1,3 shall be considered as Category 5.

The consideration criteria and quantification ranges of the Ki coefficients are as follows:

Number of travellers (V): accounts for the number of passengers on trains entering/leaving/from a station, total uploaded subs.

Value V is evaluated on average day travelers. For each quantification range, an interval is established for the total number of long-distance and inter-city travellers, not including passengers from urban-suburban trains, and an interval for the total number of passengers including train passengers. urban-urban areas. In stations providing services to different types of traffic, the coefficient of highest score of the 2 obtained will be applied.

-Number of trains (T): accounts for the level of railway service referred to in terms of the number of trains with stop that provide service at the station, departures, arrivals and passing trains.

-The value T is evaluated in number of trains day, calculated as the sum of the number of trains according to typology multiplied by the coefficient corresponding to each type of train. Passing trains are counted only once. The train typologies and weighting coefficients are as follows:

Long-distance trains and intercity trains on type A lines: Coefficient = 4.

Long distance trains and intercity trains on type B1 lines. Coefficient = 3.

Long distance trains and intercity trains on lines type B2, type C, type D and type E. Coefficient = 1,5.

Urban and suburban trains. Coefficient = 0,5.

In stations in which different types of line converge, long-distance and intercity trains will be applied to the highest value line coefficient.

Station size (S): counts the total surface area in square meters of the public utilization areas of the station.

The value S is obtained as the sum of surfaces according to use multiplied by the coefficient corresponding to each type of area. Depending on their use, three types of areas are different, and the weighting coefficients apply the following:

Areas of railway exploitation: spaces for sale, information, waiting rooms for travellers, dressing rooms, security control spaces, public toilets, other passenger spaces. Coefficient = 1,2.

Commercial areas: commercial spaces, without car parks. Coefficient = 1.

Passenger circulation areas: platforms, accesses and steps to the platforms, correspondence corridors with other modes of transport, other spaces of circulation. Coefficient = 0,6.

Intermodality (I): accounts for the number of links to other means of transport, existing within the station or in the environment closest to the access to the station.

Value I is evaluated by number of connections, in consideration of the presence or non-presence in the associated information station, and in consideration of the configuration of the transport station-exchanger when the situations of train-bus intermodality or train-metro-other railways within the station itself sharing the same public spaces. It reaches the following means of transport: taxis, city buses, intercity and long-distance buses, bicycles and motorcycles, private vehicles, rental cars, metro, trams or other railways, airports and stations maritime.

Location and number of platforms (U): values the situation of the stations and the number of platforms.

The value U evaluates the situation of the stations considering their location in provincial capitals or capitals of autonomous communities, without being specific stations of urban or suburban traffic, and their location on lines Type A or type B. In the case of the assessment of the number of platforms the commercial service shall be taken into account.

In each criterion the value ranges that define the values of the Ki coefficients and the weight weights to consider will be the following table:

Criterion

K = 1

K = 2

K = 3

K = 4

K = 5

Value

Number of Travelers (V)

Long Distance Travelers and intercity

Long distance and intercity travelers

Long distance and intercity travelers

intercity long distance and intercity travelers

Long distance and intercity travelers

V < 150

150 < = V < 750

750 < = V < 2,000

2,000 < = V < 10,000

V > 10,000

Total travelers

Total travelers

Total travelers

Total travelers

V < 400

V < 400

Centro_table_body "> 400 < = V < 7,500

7,500 < = V < 20,000

20,000 < = V < 100,000

V > 100,000

Number of trains (T)

T < 25

25 < = T < 85

85 < = T < 190

190 < = T < 500

T > 500

0.25

size (S)

S < 2,500

2,500 < = S < 5,000

5,000 < = S < 10,000

10,000 < = S < 50,000

50,000

50,000

I < 3

no dedicated information

I > = 3

I = 4

with dedicated information

I > 4

I > 4

0.10

Location and number of platforms (U)

Rest situations

On lines type B and n. º andes > = 3

On lines type A and n. º andes > = 2

In provincial or Autonomous Community capital and n. º andenes > = 2

In lines type A and capital province or Autonomous Community

0.10

6. Types of trains.

Trains shall be classified for the purposes of Mode A of this canon as follows:

Long distance: trains with a destination of more than or equal to 300 kilometres. International trains and long distance train branches with a distance of less than 300 kilometres are included.

Interurban: trains with an origin-destination of less than 300 kilometres, which at least part of their journey runs outside of a nearby core. International trains and long distance train branches are excluded.

Urban or suburban: trains whose route runs entirely within a nearby core.

7. Type of stops.

Stops will be sorted by the following categories:

Source: Commercial stop at the train journey start passenger transport station.

Intermediate: Commercial stop at passenger transport station during train travel.

Destination: Commercial stop at train path completion passenger transport station.

8. Opening and closing times for passenger transport stations and freight terminals.

The railway infrastructure manager shall publish annually in the network declaration the opening and closing times of the various passenger transport stations and freight terminals. which integrate the Railway Network of General Interest.

9. Minimum basic services of passenger transport stations.

The railway infrastructure manager shall publish annually in the network statement the catalogue of minimum basic services according to category of passenger transport station.

Article 99. Management, collection and affectation.

1. The management of the fees for the use of railway infrastructure shall be the responsibility of the railway infrastructure managers, which may require, in respect of the fee for the use of passenger transport stations, freight terminals and other railway facilities, the presentation of the relevant individual or periodic information declarations which shall be considered as tax declarations.

2. The different arrangements for the fees may be subject to individual or joint settlement, for the same taxable person and period. The resulting settlements shall have the elements and requirements laid down in the General Tax Law. The time limits for the payment of these fees shall be the same as in the General Tax Law as a general rule.

3. The amount of the proceeds from these fees shall be part of the revenue budget of the railway infrastructure managers.

Article 100. Review.

1. The proposal to amend or revise the amounts resulting from the provisions of Articles 97 and 98 shall be drawn up by the railway infrastructure manager, together with the relevant economic and financial memory on the the cost or value of the resource or activity concerned and the justification for the proposed amount, which shall be in accordance with Article 20.1 of Law 8/1989 of 13 April.

This proposal will be submitted to the railway companies and to the report of the National Commission of the Markets and the Competition, and will establish the concrete values of the parameters of the canons, particularizing in their case, on each line, network element, or application periods.

2. The values thus obtained will be forwarded to the Ministry of Public Works for inclusion in the preliminary draft of the State General Budget Law.

3. The programme of activity of the general infrastructure managers referred to in Article 25.4 shall contain a forecast of the updates of the fees during the period of validity of that programme. The proposal for amendment or updating referred to in paragraph 1 above shall be based on that proposal so that the amounts may not be increased individually by more than 5% in respect of those indicated in the programme of activity. except for exceptional reasons which shall be justified in the financial economic memory for that financial year.

CHAPTER II

Rates

Article 101. General scheme.

1. The provision of the additional services shall be subject to the payment of charges, which shall be determined in accordance with the following Article, shall have the character of private prices.

The provision of ancillary services shall be subject to freely agreed prices between the parties. However, where such services are provided by a single supplier, the prices which it applies may not exceed the cost of their benefit plus a reasonable profit.

2. No fees or prices shall be payable for the activities and services subject to the payment of the railway charges covered by this Title.

Article 102. Fixing, level and enforceability.

1. The fees for the additional services provided at the service facilities, irrespective of who is the operator, shall be approved by the operator of the service installation, after the National Market Commission has been informed and the Competition, who must report within a period of one month. If the report has not been issued within that period, the report shall be deemed to be favourable.

Once approved, the fees should be published in the network statement or on a website where such information can be obtained free of charge in electronic form.

2. The amount of the charges shall be fixed at the cost of providing the services, plus a reasonable profit.

By order of the Minister of Public Works, prior to the Ministry of Economy and Competitiveness, a general tariff framework will be developed which will contain, among others, the elements of quantification to determine the the cost structure of the complementary services on the basis of which the tariffs are to be fixed, as well as general conditions for the provision of services.

Fees approved for the provision of complementary services will be considered as maximum reference rates, allowing discounts or incentives on charges at specific facilities, for certain services and under previously established conditions of application, with the aim of promoting the exploitation of the facilities under satisfactory conditions of quality, competitiveness and permanence. The discounts/incentives on tariffs will be applied in a targeted, transparent and non-discriminatory manner, ensuring equal treatment of all customers who comply with the conditions of application.

3. The fees shall be payable after the service is requested, the performance of the activity or the use in question, and must be made effective under the conditions laid down in the network declaration at the time of the application. its attachment or update.

In the event of failure to become effective under these conditions, the operator of the service facility shall be entitled to receive interest on late payment and compensation for recovery costs in accordance with the terms laid down in the legislation. in effect.

4. The action to require payment of the charges for services provided directly by the railway infrastructure manager shall be prescribed at five years from the provision of the service.

5. The railway infrastructure manager or the operator of the service installation may suspend the provision of the service in the event of non-payment of the corresponding charges, subject to express communication to the obligation to pay. The suspension of the service shall be maintained as long as the payment is not made or the debt is sufficiently secured.

6. The railway infrastructure manager or the operator of the service facility may also request deposits, endorsements, payments on account or any other guarantee sufficient to recover the amount of the charges for the services to lend.

7. It is for the ordinary court to decide how many disputes arise in connection with the determination or payment of the tariffs referred to in this Chapter, without the effect of the levy procedures. (

) the executive order of the Member State of the European Union for the purposes of the application of this Regulation.

TITLE VII

Sanctioning and Inspection Regime

Article 103. Scope of the sanctioning regime.

Except as expressly provided for in this law, the administrative responsibility arising from the offences defined in this Title shall be required of natural or legal persons carrying out the railway activities. regulated in this law or affected by its content and the users of rail transport services or to those who, with their conduct, disturb their normal performance or the integrity of the goods concerned, without prejudice to the fact that they are others may deduct the actions which he or she considers to be against the persons to whom the infringements are materially imputable.

Article 104. Inspection of railway activities and defence of infrastructure.

1. It is up to the Ministry of Public Works, in the field of state competence, to inspect and monitor compliance with the regulatory standards for rail transport services and ancillary and ancillary activities.

It is up to the State Agency for Railway Safety to inspect and monitor the safety of all the elements of the railway system in relation to the infrastructures that are part of the Network of Interest General, rolling stock, railway staff and railway operation, the transport of dangerous goods by rail and the defence of the railway public domain together with the general infrastructure managers.

2. Undertakings which are entitled to the provision of rail transport services or to carry out the activities referred to in this law and, in general, all those affected by their provisions, shall be obliged to provide access to their services. facilities and material means to the staff of the inspection services in the performance of their duties. They shall also allow such staff to carry out checks on the elements affected by the provision of the services concerned. This obligation shall, in any event, reach all those books, management documents, controls or statistics whose completion or compulsory conduct is established by economic, fiscal, social and labour or environmental legislation which results from application to the subjects mentioned above. As regards the users of the passenger transport, they shall be required to identify themselves at the request of the inspection staff when they are performing their duties in relation to the service used by them.

3. The personnel of the inspection services which have such a condition, in accordance with the laws in force, may obtain from the natural and legal persons or entities concerned by the obligations laid down in this law or in their implementing rules, as much information as they deem necessary for the exercise of their inspector's function.

4. It is for the railway infrastructure managers to exercise the powers of police in relation to the railway traffic, the use and defence of the infrastructure, in order to ensure safety in traffic, the conservation of the infrastructure, facilities and material means of any kind, necessary for their exploitation. In addition, it will monitor compliance with obligations which tend to avoid any kind of damage, deterioration of the roads, risk or danger to persons, and respect for the limitations imposed in relation to the immediate land to rail. referred to in Chapter III of Title II, making the complaints, which, where appropriate, are from the point of view.

5. Officials of the Ministry of Public Works and the State Agency for Railway Safety and personnel expressly empowered by the railway infrastructure managers to ensure compliance with the safety regulations in the Railway traffic shall, in its acts of service or on the occasion of such service, have the consideration of officials of the authority, for the purposes of the requirement, where appropriate, of the responsibility of those who offer resistance or commit attack or contempt against them, for work or word.

In the exercise of the functions referred to in the above paragraph, the staff may require the persons referred to in paragraph 3 as many information as they deem necessary and, if necessary, report to the the competent authority to initiate the relevant sanctioning dossier, conduct and actions that contravene the provisions laid down in it and in its implementing rules.

They may also request, through the appropriate governmental authority, the necessary support from the bodies and security forces.

6. The facts established by the staff referred to in the preceding paragraph shall have probative value when they are formalised in public documents, subject to the relevant legal requirements, without prejudice to the evidence to be given to their respective defence. rights or interests can be pointed out or contributed by the stakeholders themselves.

7. In the performance of their duties, officials from the Ministry of Public Works and the Agency for Railway Safety and the staff expressly empowered by railway infrastructure managers are authorised to:

(a) materially perform precise inspection activities wherever activities affected by the railway legislation are carried out. However, where access to the address of natural, legal or legal persons is required and does not give consent to this, the relevant judicial authorisation shall be required prior to obtaining it.

b) Carry out the tests, investigations or examinations that are necessary to ensure compliance with the applicable legal provisions of the railway sector.

(c) If the bodies responsible for the inspection, in the light of the existing serious circumstances which compromise the railway safety of transport, decide to halt services, works or activities, shall immediately communicate to the competent bodies for the purpose of the relevant sanctioning procedure.

8. The performance of the privileges referred to in the previous paragraphs by railway infrastructure managers other than public bodies shall be carried out in accordance with the provisions of the administrative contract for which they are given grant such a character, without in any case being able to include the exercise of police powers or public authority.

Article 105. Classification of the infringements.

Breaches of rail sector regulatory standards are classified as very serious, severe and mild.

Article 106. Very serious infringements.

These are very serious violations:

1. Breaches of the safety of the rail system.

1.1 Rail traffic or the provision of transport services without the mandatory railway undertaking licence.

1.2 Failure to comply with the conditions imposed on holders of administrative licences and authorizations or other enabling securities, or that of decisions given by the National Markets Commission and the Competition, where the safety of persons, property or rail traffic is jeopardised.

1.3 The assignment of the railway business license.

1.4 Obtaining by false statements or by any other irregular procedure of the railway undertaking's license or any other enabling title, certification, authorization or document that you enable for the exercise of the activities and professions covered by this law and its implementing rules and which must be issued by the administration or, where appropriate, by accredited or recognised bodies, in favour of the applicant or of any of the data which must be included in those, including the titles of railway personnel, type-approvals as a training or medical recognition centre for such staff, as well as approvals, ratings or certifications as a maintenance centre or entity in charge of maintenance of railway rolling stock.

1.5 The falsification of the railway undertaking's license or any other enabling title, certification, authorization or document that it enables for the exercise of the activities and professions regulated in this law and in its implementing rules and rules to be issued by the administration or, where appropriate, by accredited or recognised bodies, in favour of the applicant or of any of the data to be entered in those bodies, including personal qualifications railway, type-approval as a training centre or a medical examination of such staff, as approvals, ratings or certifications as a maintenance centre or entity in charge of maintenance of railway rolling stock.

The liability for such infringement shall be for persons who have falsified the title, or have collaborated in their falsification or marketing, in the knowledge of the unlawful nature of their performance, and have been used to cover up unauthorized activities.

1.6 The exercise of activities without the security certificate or the security authorization required or under such conditions as to affect the safety of persons or property, with serious non-compliance with the technical standards or requirements.

1.7 Failure to comply with the conditions imposed on holders of safety certificates or security clearances or that of decisions issued by the authority responsible for railway safety when it is put in place the safety of persons, property or rail traffic.

1.8 Failure to comply with the rules of movement resulting from application, including orders, circulars and slogans established by the railway infrastructure manager in accordance with the rules of procedure safety in the movement, in such a way as to cause serious disturbances in rail traffic or to affect safety.

1.9 The entry of vehicles on railway tracks and the transit through them by places or on conditions other than those specified for this purpose, unless the infrastructure manager is expressly authorised to do so rail, where it has seriously affected the safety of rail traffic or caused changes in traffic.

1.10 Failure to comply with the duty of communication of railway accidents to the Commission for the investigation of railway accidents in accordance with the rules laid down, as well as the obstruction or the refusal to collaborate with the research staff of the said commission to prevent or hinder the exercise of the functions.

1.11 The failure of the railway entities to comply with the obligation to have a safety officer in the movement in their staff.

1.12 The failure to comply with the legal obligation of the railway administrators and undertakings to have a contingency plan or the obligation of the railway undertakings to make available to the administrators of the the resources or the collaboration that it claims, in compliance with the agreed contingency plans, in those cases referred to in this law.

1.13 The performance by railway personnel of activities and professions regulated in this law and its development regulations without the required license, driving title, qualification or certificate as well as the non-compliance with the conditions of the authorisations granted.

1.14 Non-compliance by personnel entrusted with functions related to safety in the circulation of safety regulations including the Circulation Regulation, the regulatory standards that develop and the technical documentation of vehicles and installations, where there are circumstances of danger for the safety of rail traffic or put at risk persons or goods, and in particular the following conduct:

(a) Driving machines exceeding the maximum driving times to be regulated by regulation.

b) Driving machines in a negligent or reckless manner.

(c) ingestion of alcoholic beverages, with higher rates than those regulated by regulation or of narcotic drugs, psychotropic or any other substance of similar effects, which disturb or diminish the powers of the psycho-physical personnel, as well as the refusal to carry out the relevant tests to be established for the detection of possible consumption.

d) The omission of relief in case of need or accident.

e) The use during driving, in contravention of applicable regulations, of any device that reduces the attention to driving.

f) Allow, being in charge of driving, to drive the vehicle unauthorized persons.

The liability for such infringements shall be directly required from the staff involved, except in the case referred to in (a) in which the undertaking for which such staff is provided shall be responsible.

1.15 Employment by railway entities of personnel not in possession of the corresponding licence, driving title, qualification or certificate or any other enabling title of railway personnel necessary for the exercise of the professional activity in question.

1.16 The carrying out of activities of a training centre or medical examination of railway personnel without the provision of the type-approval requirement, as well as the failure to comply with the conditions relating to the approval granted.

1.17 The performance of activities of a maintenance centre or entity in charge of maintenance of railway rolling stock without the mandatory approval, rating or certification or failure to comply with the requirements conditions of their grant.

1.18 The use by railway entities of rolling stock that is not authorised or which does not satisfy the required technical and safety conditions, in the knowledge of such deficiencies, as well as the use of vehicles modified railways without prior notification about the need or not of new authorization.

1.19 Non-compliance with the regulations regarding the authorisation and placing on the market of components and elements of the railway infrastructure, of the energy, control and signalling equipment of the vehicles.

1.20 The refusal or obstruction of the performance of the inspection services in the field of safety, use and defence of the infrastructures, training centres and medical examination of railway staff, centres and a rolling stock maintenance entity that completely or partially prevents the exercise by those of the functions assigned to it, as well as the total or partial disregard of its instructions, the breach of the closure orders temporary infrastructure, withdrawal of rolling stock or temporary suspension of services.

1.21 The omission or poor performance of revisions, repairs and maintenance interventions of rolling stock and railway installations, when they seriously affect security, as well as the untruth in the documentation or certification of such interventions.

2. Infringements in the field of rail transport.

2.1 The performance of activities or the provision of services regulated in this law without the necessary administrative authorization or enabling title that empowers you or without being expressly protected by the same.

The performance of transport services is considered to be included in this infringement without any of the necessary qualifications required when more than one title is legally required.

2.2 The unauthorised transfer of authorisations or any enabling title by their holders in favour of other persons or the conclusion of another unauthorised legal business on them, unless there is authorisation Express administrative action when this is legally possible.

2.3 The provision of rail transport services without having obtained the necessary infrastructure capacity allocation or obtaining it by means of false declarations or by any other procedure irregular.

2.4 The transfer of the right of use of infrastructure capacity or the conclusion of any other legal business on the capacity of the infrastructure awarded.

2.5 The interruption of passenger transport services with public service obligations without the consent of the administration or any other cause to justify it.

2.6 The provision of services subject to public service obligations or for those requiring the enabling title, when any of the following circumstances apply:

(a) The lack of operation of the service by the company that has obtained the authorization or the enabling title of the administration, outside of the expressly permitted assumptions.

(b) Non-compliance with the traffic or the minimum number of dispatches set out in the authorisation or in the enabling title, where it is not to be qualified as referred to in the previous paragraph of this Article.

(c) Refusal of the sale of tickets or access to the vehicle to those who have acquired them, unless it is legally or legally established to justify it.

d) Performing the service by unjustifiably transhipping users during the journey.

e) Non-compliance with the mandatory tariff regime.

(f) The non-compliance with the conditions of accessibility to the vehicles identified in the authorisation.

g) Failure to comply with any of the conditions set out in the authorization or in the enabling title with the character of essential.

2.7 The lack, lack of validity or insufficient coverage of the insurance contract or other mandatory financial guarantees to entrench, in accordance with this law, the liabilities arising from the activities carried out by the railway undertaking.

2.8 The lack of insurance or financial guarantee covering the civil liability of wagon owners.

2.9 The refusal or obstruction of the performance of the rail transport inspection services, which prevents the exercise by those of the functions assigned to them, as well as the total or partial neglect of their duties instructions.

3. Offences relating to the transport of dangerous goods.-The transport of dangerous goods, including loading or unloading operations, where one of the following conditions is met:

(a) The lack of information on the immobilisation of the railway convoy due to an accident or serious incident, or the non-adoption of the safety and security measures corresponding to such cases, except in those cases cases where this would have been impossible.

(b) The use of tank wagons that leak.

(c) The absence of the certificate of approval of the wagon, where necessary, issued by the competent body, where it is established that it meets the requirements of the regulations governing the carriage to which it is intended, as well as having such an expired certificate or other than the one required for the goods transported.

(d) The transport of bulk goods where this is not authorised by the applicable specific regulation.

e) The use of wagons, tanks or containers that lack panels, plates or labels of danger or, where appropriate, any other signs or marks that may be required, as well as to carry them unreadable.

f) The carriage of goods by rail when it is not permitted to do so.

g) The use of wagons or tanks other than those prescribed in the rules governing the carriage of the goods in question.

In any event, the use of tanks, battery wagons or multi-element gas containers whose use is not permitted for the transport of the dangerous goods in question shall constitute such infringement.

(h) The absence on board of the locomotive of the consignment or the letter/s of transport covering all the goods carried, or carrying it without indicating which are the goods.

i) The carriage of goods without permission, special authorisation or prior authorisation, which, where appropriate, is necessary or in breach of the conditions laid down therein.

j) The lack of identification of the transport of dangerous goods on the outside of the wagon.

k) Inadequate entry in the consignment note (s) of the goods (s) or the goods/s.

(l) Failure to comply with the rules on the degree of filling or on the limitation of the quantities to be transported.

m) The use of wagons, tanks or containers with panels, plates, hazard labels or any other signs or marks that are not suitable for the goods transported.

n) Non-compliance with the common packaging rules in the same package.

n) Failure to comply with common loading bans on a single wagon.

(o) The use of packaging or packaging not authorised by the rules applicable to the transport of the goods in question.

The use of unapproved packaging or packaging that is seriously damaged or leaking or which does not have any of the required technical requirements shall be considered to be included in this infringement.

p) The transport, loading or unloading of dangerous goods when the undertakings involved in such operations do not have the required security adviser or have one who is not entitled to act as such in relationship to the subject matter or activity in question.

The responsibility for the commission of the offences listed in this section shall be:

1. º To the railway undertaking for the offence typified in point (a).

2. To the railway undertaking and the charger, for the offences defined in points (b), (c), (d) and (e)

3. The railway undertaking and the charger or consignor, as the case may be, for the offences referred to in points (f), (g), (h), (i) and (j)

4. ° To the loader or consignor, as the case may be, for the offences defined in (k), (l), (m), (n), (n) and (o).

5. º A company required to have a security adviser, for the violation typified in the letter p).

4. Infractions related to infrastructure and public rail domain.

4.1 The performance of works, installations or activities not permitted in the public domain area or in the areas of protection of railway infrastructure, without the required authorisation or failure to comply with the requirements requirements imposed on the authorisations granted, when they affect the safety of rail traffic.

4.2 The launch or deposit of objects at any point on the track and its surrounding areas and facilities at or at the pace of trains and, in general, any conduct that may pose a serious danger to the transport security, its users, the media or facilities of all types.

4.3 Performing the following behaviors when affecting the safety of rail traffic:

(a) The deterioration or destruction of any work or installation, vehicles and any other railway equipment.

(b) The deterioration or destruction of privately owned works that may affect railway safety.

(c) The subtraction of any element of the railway infrastructure which affects the railway or is directly related to the safety of rail traffic or the intended modification of its characteristics.

d) The breaking of the work stoppage orders.

Article 107. Serious infringements.

One. These are serious violations:

1. Breaches of the safety of the rail system.

1.1 Failure to comply with the conditions imposed on licence holders, and certificates when they do not constitute a very serious infringement.

1.2 Non-compliance with the rules of movement, including orders, circulars and slogans established by the railway infrastructure manager in accordance with the safety rules in the movement, when such non-compliance does not constitute a very serious infringement.

1.3 The refusal to provide the bodies responsible for railway safety with the information they legally require.

1.4 The obstruction that seriously hinders the performance of the inspection services in the field of safety, use and defence of the infrastructures, training centers and medical recognition of railway personnel, (a) institutions and entities for the maintenance of rolling stock and in the field of safety, where the circumstances that determine the consideration of such behaviour as a very serious infringement are not given.

1.5 The distortion of statistical or control data that railway undertakings are obliged to provide in the field of security.

1.6 The use of rolling stock that does not meet the standards and technical requirements that for safety reasons should meet, where such behaviour is not a very serious infringement.

1.7 The lack, inability or manipulation of the instruments or means of control of the machines and rolling stock.

1.8 Failure to comply with the conditions imposed on approvals, ratings and certifications granted to training and medical recognition centres for railway staff and maintenance and service centres in charge of maintenance of rolling stock, where they do not constitute a very serious infringement.

1.9 Failure by training centres for railway personnel to train the authorised training programmes or the certification of the training of theoretical and practical training under conditions below the training programme approved, as well as the performance of tests without complying with the requirements laid down in the applicable regulations.

1.10 The use of cabin access authorizations by railway staff training centres for purposes other than learning.

1.11 Failure to comply with the rules on the authorisation and placing on the market of components and elements of the railway infrastructure, of the energy, control and signalling equipment of vehicles, when not constitutes a very serious infringement.

1.12 Failure by railway infrastructure managers to communicate without delay to the competent authority to issue security clearances any essential modification of the authorisation granted, both as regards the railway infrastructure, the signalling or energy supply systems or the basic principles and standards governing their operation and maintenance.

1.13 The failure of the railway undertakings to communicate without delay to the competent authority to grant the safety certificates any modification in the conditions established for their granting, as well as how many fundamental variations occur with respect to the authorised railway staff and the rolling stock that it has authorised.

1.14 Failure to comply with safety standards by personnel entrusted with functions related to safety in the movement provided that they do not have serious infringement, as well as the conduct described in paragraph 1.13 of the previous Article where there is no risk of danger to the safety of rail traffic or the risk of persons or goods being put at risk.

1.15 Failure to comply with the obligation of railway infrastructure managers and railway undertakings to submit to the national safety authority the annual safety report.

1.16 The failure to comply with the holders of the railway vehicles of the marking obligation with its corresponding European Vehicle Number.

1.17 The undue access to the railway platform and the crossing by unauthorised places or times, as well as access to or abandonment of the train, outside the established stops or when the train is moving, with alteration or affectation of the security elements, where it is not to be classified as a very serious infringement in accordance with the provisions of Article 106.1.9.

1.18 The failure of the railway undertakings to comply with the obligation to provide the driving staff of the regulatory documentation required for the movement.

2. Infringements in the field of rail transport.

2.1 Failure to comply with the conditions imposed on holders of authorisations or other enabling securities or decisions issued by the National Commission on Markets and Competition, where they do not constitute very serious infringement.

2.2 Failure to comply with the information requirements set forth by the National Commission on Markets and Competition.

2.3 Unjustified interruption of the service for which the license holder is enabled.

2.4 The non-use of capacity allocated by the railway infrastructure manager in the case of congested infrastructure, for reasons attributable to the railway undertaking.

2.5 Non-compliance with the quality conditions in which the services or activities permitted by the licence or other enabling title and the requirements laid down when the capacity is awarded should be provided.

2.6 Failure by railway undertakings or railway infrastructure managers to have a plan to provide assistance to victims and family members of a railway accident, as well as the failure of the railway infrastructure managers their non-execution or poor execution in the event of such an accident.

2.7 The refusal or obstruction of the performance of the rail transport inspection services, where it does not constitute a very serious infringement.

2.8 The refusal to provide the competent administrative body with the information it claims under this law or the distortion of the data provided, not related to railway safety, which the entities are required to provide.

2.9 The distortion of accounting, statistical or control documents, not related to safety, which the railway undertaking is obliged to carry.

2.10 The provision of passenger transport services which contravene the rules on accessibility to rail vehicles of persons with disabilities, which, in each case, are applicable, unless they are to be deemed to be very serious in accordance with the provisions of the previous Article.

2.11 Non-compliance with any of the public service obligations imposed in accordance with the law when it is not to be considered a very serious infringement under the provisions of the previous article.

2.12 The lack of a quality management system for the maintenance of quality of service in rail passenger transport companies.

2.13 The lack of information to travelers, by appropriate means, of the decision to interrupt the service before it is carried out.

2.14 The lack of the claim book or the document in which the users ' complaints are to be made, the refusal or obstruction of their use, the concealment of their content or the unjustified delay in their use communication to the transport inspection services.

3. Offences relating to the transport of dangerous goods.

The carrying out of transport, loading or unloading of dangerous goods when one of the following conditions is present:

(a) The lack on board of the locomotive of the written instructions that are required.

(b) Failure to comply with the applicable rules or corresponding written instructions on the equipment of the train driver or crew members.

(c) The carriage of dangerous goods by passenger trains in quantities not permitted or in a manner other than that provided for in the applicable rules.

d) The use of packages or tanks in the transport that are not properly closed, even when the latter are empty if they have not been cleaned.

e) The transport of merchandise packages in a container that is not structurally adequate.

f) The lack of the cistern cleaning certificate in cases that is required.

g) Failure to comply with the provisions on test dates, inspection and time limits for the use of packaging and packaging or containers.

(h) The transport of dangerous goods in damaged packaging or packaging, where there is no serious breach.

i) The absence of entry in the or the letter/s of any of the data which must appear on it or to do so inadequately, when there is no need to repudiate very serious infringement.

j) Labelling or improper marking on packages.

k) The omission, on the loading or unloading plants, of the checks that are mandatory before, during or after the load.

l) Non-compliance with the obligations that the specific regulations attribute to the security advisors.

m) Failure to comply with the obligation to forward to the competent authorities the annual report and the parts of accidents.

n) Failure to comply with the obligation to keep annual reports during the legally established period.

n) Failure to comply with the obligation to provide workers involved in the handling of dangerous goods with appropriate training to prevent occasional risks.

The responsibility for the commission of the offences listed in this section shall be:

1. The railway undertaking for the offences referred to in points (a), (b) and (c)

2. The railway undertaking and the charger for the offences referred to in points (d) and (e)

3. to the railway undertaking and to the charger or loader, as the case may be, for the offence specified in point (f).

4. º To the loader for the violations typified in the letters g) and h).

5. ° To the loader or consignor, as the case may be, for the offences defined in points (i) and (j).

6. º To the loader or downloader for the violations typified in the letter k).

7. The company required to have a security adviser for the offences listed in (l), (m) and (n).

8. No to the company of which the workers are dependent for the offence defined in point (n).

4. Infractions related to infrastructure and public rail domain.

The performance of works, installations or activities not permitted in the public domain area or in the areas of protection of railway infrastructure, without the required authorisation or failure to comply with the requirements requirements imposed on the authorisations granted, where they do not constitute a very serious infringement.

Two. They shall, as a general rule, have serious infringements, the conduct established in the preceding article where the circumstances in their committee do not disturb the safety of persons, property or traffic. rail traffic, do not affect the safety of rail traffic or where by its nature, occasion or circumstance they are not to be regarded as very serious, having to justify the existence of such circumstances in the resolution corresponding.

Article 108. Minor infractions.

One. They are minor infractions:

1. Breaches of the safety of the rail system.

1.1 The obstruction or improper use of the mechanisms for opening or closing the doors of train cars, train stopping, safety or relief mechanisms or those for the exclusive use of the railway staff of the railway undertaking.

1.2 unauthorised access to the driving cabs of trains, locomotives or other places where the traction material is located, or to facilities reserved for the exclusive use of authorised persons.

1.3 Failure by railway entities, training centres and medical personnel to provide railway personnel with the obligation to communicate to the Special Rail Register the data they are obliged to in accordance with the rules of application.

1.4 Behaviors that pose a danger to users or that result in the deterioration of the material of vehicles or installations, provided that they do not have serious infringement.

2. Infringements in the field of rail transport.

2.1 The non-existence of any sign or notice whose display for public awareness is mandatory and specifically the label indicating the existence of the book of claims in the places where it is mandatory.

2.2 The lack of information on the travel to the traveller regulated in Article 8 of Regulation (EC) 1371/2007 of the European Parliament and of the Council of 23 October on the rights and obligations of passengers railway.

2.3 Non-compliance with the rules on the availability of banknotes and reserves set out in Article 9 of Regulation (EC) 1371/2007.

2.4 The lack of the minimum particulars required on the ticket or transport title in accordance with the applicable regulations.

2.5 Failure to comply with the obligations to assist the traveller in the event of suspension or delay in travel, as set out in Article 18 of Regulation (EC) 1371/2007.

2.6 The lack of time-to-time resolution of complaints by users.

2.7 The non-publication by a railway undertaking of its quality results in accordance with the applicable rules.

2.8 The lack of information to passengers about their rights under the applicable regulations.

2.9 Disconsidered treatment to the transport user.

2.10 Non-compliance with the ban on smoking in cars and premises.

2.11 Failure to comply with any formal obligations are imposed on those who carry out the activities covered by the law in order to guarantee the rights of consumers and users.

3. Offences relating to the transport of dangerous goods.

The transport of dangerous goods when one of the following conditions is present:

a) The use of panels, plates, labels, marks, letters, figures, or symbols whose size does not conform to the required size.

(b) The lack on board of the locomotive of a photo identification document for each crew member, when required.

c) Incorrect attachment of danger plates, panels, or labels.

(d) The use of transport or accompanying documents where all mandatory information has not been recorded, where serious or very serious infringement is not to be recognised in accordance with the provisions of the Articles above.

e) The omission in the annual reports or in the accident parties of any of the data required by the current regulations.

(f) Failure to comply with the obligation to communicate to the competent bodies the identity of the security advisers with which the company and its areas of responsibility are responsible.

g) Failure to comply with the obligation to keep annual reports during the statutory time limit provided that they have been referred to the competent bodies.

(h) Failure to comply with the obligation to refer to the competent authorities the annual report or parts of the accident outside the prescribed time-limits.

The responsibility for the commission of the offences referred to in this paragraph shall be:

(a) To the railway undertaking for the offences referred to in points (a), (b) and (c)

b) To the loader or consignor, as the case may be, for the offence typified in point (d).

(c) The undertaking required to have a security adviser for the offences referred to in points (e), (f), (g) and (h)

Two. They shall, as a general rule, be regarded as minor offences, the conduct established in the preceding article where, in the light of the circumstances, they must not be regarded as very serious or serious infringements, justify the existence of such circumstances in the relevant resolution.

Article 109. Penalties.

1. The offences listed in the preceding articles shall be sanctioned:

a) The very serious ones with a fine of 38,001 up to 380,000 euros. In the case of rail transport offences the fine shall be 6,301 up to EUR 125,000.

b) The severe ones with a fine of 7,501 up to 38,000 euros. In the case of rail transport offences the fine shall be 751 to 6,300 euro.

c) Mild with a fine of up to 7,500 euros. In the case of rail transport offences the fine shall be up to EUR 750.

2. Where, as a result of the infringement, a quantifiable benefit is obtained, the amount of the fine may be increased to three times the benefit obtained.

3. In all cases where the person concerned voluntarily decides to make the penalty effective before the expiry of the 30 days following the notification of the initiation of the sanctioning dossier, the amount of the penalty shall be paid initially. proposal will be reduced by 30 percent.

The payment of the fine before the penalty resolution is issued shall imply compliance with the facts reported, the waiver of the person concerned and the termination of the proceedings, However, it must be expressed in clear resolution. Although the sanctioning procedure is terminated in this way, the person concerned may bring the same remedies to those which would have been the case if the procedure had been completed in an ordinary manner.

4. The commission of a very serious infringement may be subject to the revocation or suspension of the administrative licence, enabling title, security clearance, safety certificate, approval, authorisation or certification and the consequent temporary disablement for the exercise of the activity for a maximum period of one year. In the case of a commission of serious infringements, the suspension of such ratings may be agreed for a maximum period of six months. In both cases, the sealing of the machinery and rolling stock with which the infringing activity has been carried out may be agreed upon.

The imposition, by final decision, of a new sanction by the commission of a very serious infringement in the twelve months following that of the initial one, will lead to the revocation of the habilitations listed in the paragraph previous. In the case of such a period of time, no account shall be taken of periods in which the activity has not been possible for the temporary withdrawal of the licence.

When, by application of the scheme provided for in this paragraph, the continuity or regularity of the provision of public service obligations could be affected, the Ministry of Public Works will take the necessary measures to ensure their safeguard.

5. The commission of very serious or serious offences committed by the staff entrusted with tasks relating to the safety of the movement may also lead to the revocation of the licence, driving title, habilitation, certificate or any other enabling title of railway personnel. Such revocation shall be immediate in the case of repeated serious or very serious penalties within 12 months of the initial period, without taking into account the periods of suspension of the ratings. In the case of a commission of serious infringements, the suspension of such ratings may be agreed for a period of one year.

The payment of the fines shall be jointly and severally liable to the railway undertaking in which the staff is provided, without prejudice to the possibility of repeating the fines.

6. The imposition of penalties for the performance of works or installations in the area of public domain or for the protection of railway infrastructure may entail the obligation of its demolition and the replacement of the situation to its state. originating, being of account of the infringer the cost of the demolition or replacement.

7. Where damage to the infrastructure or means of transport occurs as a result of the infringement, the person concerned shall be obliged to compensate for the damage caused.

8. The imposition of penalties shall be recorded in the Special Railway Register. Once five years have passed since the penalty was enforced, registration will be cancelled, of trade.

9. The Ministry of Public Works and the State Agency for Railway Safety shall communicate to the European Commission and the competent authorities of the other Member States of the European Union that they have granted a licence or other enabling title to a company operating in Spain, any sanctions resolution affecting it and involving a restriction of its activity.

Article 110. Graduation of sanctions.

1. The amount of penalties to be imposed shall be graduated according to the following factors:

a) The importance of damage or deterioration caused.

b) The social impact of the infringement and the danger to people's lives and health, the safety of things and the environment.

c) The intentionality in the commission of the infringement.

d) The degree of participation of the sanctioned and the benefit for the obtained. The penalty shall not be less than the benefit obtained.

e) The circumstance of having proceeded the infringer, on its own initiative, to remedy the pernicious effects of the infringement prior to the date of initiation of the sanctioning file.

(f) The commission, in the period of the 12 months preceding the act of infringement, of another infringement of the same nature, where it has been declared by a firm decision on an administrative basis.

2. When these factors are applied, they should be expressly reflected in the sanctioning file that is instructed.

Article 111. Periodic penalty payments.

Regardless of the appropriate penalties, the competent authority may impose periodic penalty payments when the offending conduct continues and the requirement to cease the infringement is not taken into account, repeating each period of time. that is sufficient to comply with the order. The periodic penalty payments shall not exceed 10% of the penalty set for the offence committed.

Article 112. Jurisdiction for the imposition of sanctions.

1. They shall be competent to impose the penalties provided for in this law:

(a) The State Agency for Railway Safety for breaches of the safety of the railway system, infringements in the field of transport of dangerous goods and infringements in relation to infrastructure and the public rail domain.

(b) The General Directorate of Land Transport of the Ministry of Public Works for infringements in the field of rail transport.

2. By way of derogation from the previous paragraph, the National Markets and Competition Commission shall have jurisdiction to impose penalties for failure to comply with its decisions, which is a criminal offence under Article 106 (2) and (2) of the Treaty. Article 107, paragraphs 2.1 and 2.2.

Article 113. Sanctioning procedure and provisional measures.

1. As not provided for in this law and its implementing rules, the rules of Law 30/1992, of 26 November and its provisions for development, shall apply to the sanctioning procedure.

The sanctioning procedure will be initiated on its own initiative by the services dependent on the competent body to impose the sanction, as provided for in the previous article. In the case of infractions in relation to the infrastructure and the railway public domain, however, the procedure shall be initiated on its own initiative by the Government delegations in the Autonomous Communities.

The railway infrastructure managers shall inform the Government delegations of the actions in relation to the infrastructure and the public rail domain which may constitute infringements. typified in this law.

2. The expiry date of the procedure shall be 12 months from the date of the initiation agreement.

3. The body responsible for resolving may, at any time and on its own initiative or at the request of a party, adopt, by reasoned agreement, 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, avoid the maintenance of the effects of the infringement and ensure the requirements of the general interest.

When, as a matter of urgency, provisional measures are taken prior to the initiation of the sanctioning procedure, it must be initiated within 15 days and the initiation agreement must be made on its own maintenance, modification or term. In another case they will have no effect.

4. The measures of a provisional nature must be proportional in terms of their intensity and conditions to the objectives which are intended to be guaranteed and may consist in the suspension of activities, the provision of bonds, the cessation of works, the temporary closure of the infrastructure concerned, the withdrawal of rolling stock or the temporary suspension of services. If the circumstances that led to its adoption vary, the measures may be modified or left without effect at any time during the processing of the sanctioning procedure.

5. In the case of offences relating to the transport of dangerous goods, the immobilisation of the wagon or the convoy may be agreed or, where appropriate, the refusal of entry into national territory until the cause of the offence is remedied. (a) to ensure that the security measures are taken into account in order to ensure that the security measures are taken into account in the event of an increase in the risk.

Article 114. Prescription.

The infringements and penalties of the regulatory legislation of the railway sector will be prescribed within the deadlines and conditions laid down in Law 30/1992, of 26 November.

However, the limitation period for infringements resulting from breaches of the property limitations set out in Chapter III of Title II shall be five years for the very serious infringements, three years for the serious and 1 year for the minor, counted from the time the alleged responsible proves that the offending conduct ceased.

Additional disposition first. General administration of railway infrastructure.

1. The ownership and administration of the railway infrastructure integrated in the General Interest Railway Network, outside the service areas of ports of general interest or of lines or tranches managed under the concession scheme, correspond to the public entities of the Business Infrastructure Manager (ADIF) and the Administrator of Railway Infrastructures of High Speed (ADIF-High Speed), as established in the Royal Decree-Law 15/2013 and in Order PRE/2443/2013.

By agreement of the Council of Ministers it will be possible to produce transfers of railway infrastructures between ADIF and ADIF-High Speed when there are reasons of exploitation or development of the Railway Network of General Interest that so advise. The transfer of assets between the two entities shall be carried out and recorded by the accounting value by which they are recorded in the accounts of the transferring entity, with the terms of that transmission being fixed by the Council of Ministers.

2. ADIF-High Speed and ADIF may be entrusted with the performance of certain activities through the subscription of an agreement. This convention shall determine the economic compensation for the provision of the services entrusted. In particular, both entities may be entrusted with the management of the infrastructure capacity and, due to the interconnection of the networks whose administration is allocated by both entities, and by way of derogation from Article 19 (1), the management of control, traffic and safety systems.

In the event that one of these entities entrusts the other with carrying out tasks related to citizen security and civil protection, the person responsible for these matters will be the same in both entities.

3. The Ministry of Public Works shall establish the basic guidelines to be used by the management of the networks of ownership of each of these entities, indicating the objectives, objectives and costs to be achieved and the quality levels in the service delivery.

Additional provision second. Railway charges and charges.

The rates and the railway charges regulated in Chapter I of Title VI of this Law shall be in accordance with the provisions of Law 58/2003 of 17 December, General Tax, and Law 8/1989 of 13 April of fees and charges public.

Additional provision third. Interconnection and interoperability of networks and intermodality of services.

The competent authorities of the General Administration of the State and the railway companies must comply with the requirements necessary to ensure that in the projection, construction, commissioning, rehabilitation, the renewal, operation and maintenance of the elements integrating the trans-European rail system, linked to the General Interest Rail Network and the rolling stock that circulates on it, ensures its interoperability and intermodality. By means of Royal Decree these technical requirements will be determined and the means will be established to make possible the interconnection and interoperability of the networks and the intermodality of the railway services.

Additional provision fourth. International passenger rail transport services.

1. Railway undertakings which have a railway undertaking licence granted by a Member State of the European Union have free access to the Railway Network of General Interest for the operation of international transport services travellers.

The regime for the management of rail passenger transport established in the first transitional provision shall not apply to international passenger transport.

2. It is understood, for these purposes, by international passenger transport service, the passenger transport service in which the train crosses at least once the border of Spain and whose main object is to carry passengers between stations of transport of passengers situated in different Member States. The train may be formed or divided, and the various parts which constitute it may have different origins and destinations, provided that all the cars cross at least one border. Transit is understood as passing through the Spanish territory which is carried out without the collection or leaving of passengers or without the loading or unloading of goods in the territory.

3. During the performance of international passenger transport services, railway undertakings may collect and leave passengers at any of the passenger transport stations located on the Railway Network of General Interest, provided that such stops have an auxiliary character in respect of international routes, with the following limitations:

(a) That the National Commission of the Markets and the Competition, at the request of the competent authorities or the railway entities concerned, has previously determined that the main object of the international service Rail passenger transport which is intended to be carried out is to carry passengers between transport stations of Spanish travellers and those of other Member States of the European Union.

(b) No passengers will be allowed to collect and leave at stations other than those of origin and destination when the National Commission of the Markets and the Competition, at the request of the Ministry of Public Works, of the infrastructure manager the railway or the undertaking of a pre-existing transport service and subject to public service obligations, in order to resolve that the economic equilibrium of the conditions laid down for the provision of the service is compromised public.

The National Markets and Competition Commission will carry out an objective economic analysis and pre-defined criteria, consult all interested parties and resolve within the maximum period of two months from the receipt of all relevant information.

The Commission shall state the reasons for its decision and specify within which time and under what conditions the competent authorities, the railway infrastructure manager, the railway undertaking which carries out the service The public or the railway undertaking providing the international transport service may request the review of that decision.

The resolutions of the National Commission on Markets and Competition will have executive efficiency and will be binding on entities operating in the rail sector.

Additional provision fifth. Publication of the indicative strategy for the railway infrastructure.

The Ministry of Public Works shall publish before 16 December 2016 the strategy indicative of the development, maintenance and renewal of the railway infrastructure of state competence provided for in Article 5.1.

Additional provision sixth. Historical trains.

Rail services which are provided with motor vehicles, towed vehicles or vehicles which are classified as historic, with and without passengers, the ultimate aim of which is to carry out a cultural activity and the conservation and dissemination of Railway assets are excluded from the scope of this law and will be governed by their specific rules.

Additional provision seventh. Application of the arrangements provided for ports of general interest.

1. The planning, construction, modification and extension of railway infrastructures in the ports of general interest will be governed by the established text of the Law of Ports of the State and the Merchant Marine, approved by Real Legislative Decree 2/2011 of 5 September.

2. The railway infrastructure included in the service area of the ports of general interest will be subject, in terms of its incidence on the planning planning, to the regime established in the Recast Text of the Law of Ports of the State and of the Merchant Marine, and must be qualified by the plans and other general instruments of urban planning, as a general harbour system.

3. The determinations contained in Chapter III of Title II shall not apply in the service area of the State-owned ports. The land of the service area occupied by the lines or other railway infrastructure and those intended for the service of the same shall have the nature of the port public domain. The protection zone and the building limit shall only apply to land adjacent to the port service area when, as a result of not exceeding the distance to the railway line established by this law, it is appropriate.

4. The processing services for capacity applications and capacity making, as provided for in Article 20 (a) and (b), shall comply with the rules for the allocation of capacity referred to in Article 39.3.

5. The economic system of the use and use of the railway infrastructure and of the provision of the services referred to in this law, in the field of the service area of the ports of general interest, will be adjusted to the in the Recast Text of the Law of State Ports and the Merchant Navy.

6. The responsibility for safety in the railway traffic on the railway infrastructure referred to in Article 39.1 shall be the responsibility of the port authorities administering them and the entities providing railway services. about them.

7. In those ports of general interest in whose service areas there are railway infrastructure, the port authorities shall have a security management system which ensures that the risks created by the activity are controlled. rail within the port service area and the relevant self-protection plan at its premises.

This safety management system shall be communicated to the State Railway Safety Agency within two months of the date of the conclusion of the agreement between the general manager of the railway infrastructure and the relevant port authority.

8. In the cases of disturbances of the railway traffic the railway companies operating within the scope of the port will be obliged to make available to the Harbour Authority the resources that it is claiming and to lend to it the collaboration that is required. For the use of these resources, railway undertakings which have not been the cause of the disturbance in rail traffic shall be satisfied with the corresponding consideration.

9. Without prejudice to the obligations of the Port Authority, the State Agency for Railway Safety may verify that the railway subsystems within the port area are operated and maintained in accordance with the relevant essential requirements. The Agency may also monitor the correct application by the responsible actors in the port area of the regulatory framework for safety in the rail traffic.

Additional disposition octave. Railway line projects that have an impact on areas of interest to the national defence.

The regulatory development of what is foreseen in this law in relation to the approval of the basic and constructive plans of railway lines will have to contemplate, with a basic character, the previous binding report of the Ministry of Defence, where such projects have an impact on areas declared to be of interest to the national defence or on grounds, buildings and installations, including their security zones, linked to the purposes of national defence.

Additional provision ninth. National defense interests.

1. Information studies prior to the approval of the establishment of new railway lines or sections or their significant modification shall be referred to the Ministry of Defence for the purpose of examining, within two months, and, in their Case, issue the binding report on the impact of the proposed action on areas declared to be of interest to the national defence or on grounds, buildings and installations, including their security zones, linked to the aims of the national defence. After that period has elapsed without such a report being issued, the procedure for the approval of the information study concerned may be continued.

2. The conditions and limitations imposed for the protection zone of any railway line shall not apply to the grounds expressly declared of interest to national security and defence in accordance with their specific legislation, if in such cases and in agreement with the Ministry of Defence, account shall also be taken of any involvement arising from railway safety.

Additional provision 10th. Use of electronic means.

The processing of the administrative procedures regulated in this law and the operation of the Special Railway Register will be carried out by electronic means.

Additional provision eleventh. Absence of impact on personnel costs.

The measures included in this law will be carried out without increase of staff, remuneration or other personnel costs.

Additional disposition twelfth. Financial sustainability of ADIF-High Speed.

1. ADIF-High Speed, in accordance with the principle of financial sustainability, shall ensure that the ratio of coverage of production costs with sales revenue, as set out in the accounting rules of accounting national, allow classification as a public unit within the "Non-financial corporations" sector.

2. The budget and implementation of the investments will be adjusted in time and in the amount so that in no case can investments be undertaken which put at risk the consideration of ADIF-High Speed as a non-financial society national accounting.

3. Any deviation in the execution of the Operating and Capital Budgets of the entity that would result in a fall in the ratio that puts the rating of ADIF at risk-High Speed as a non-financial company will entail the rescheduling of the investments in progress until the reached ratio eliminates that risk.

4. Contracts, collaboration agreements, and any other ADIF-High Speed performance affecting expenditure shall assess their impact and impact on the ratio, and their implementation shall be subject to strict compliance with the performance of the the minimum reference value to meet its classification as a non-financial company for national accounting purposes.

5. To this end, it shall inform the Ministry of Finance and Public Administrations quarterly of the evolution of these measures and of the existing ratio and the forecast of its evolution. If, in the light of the information submitted, the Ministry of Finance and Public Administrations will appreciate the existence of risks that will affect compliance with the required coverage ratio, the Ministry of Finance and Public Administration will be aware of ADIF-High-Speed the appropriate measures to be taken, thus informing the Government Delegation of the Government for Economic Affairs.

6. Regardless of the above, ADIF-High Speed will be obliged to provide the General Intervention of the State Administration with information as requested by the said Steering Center in order to compare the compliance with the the cost coverage ratios and report, as appropriate, to the authorities of the European Commission.

7. Actions affecting their present or future revenues should be directed towards the coverage of costs in compliance with the principle of sustainability.

Additional disposition thirteenth. Transport of orders in shipments dedicated to the transport of passengers.

In any case, the railway undertaking licence enables its holder to carry the luggage of passengers occupying the vehicle used.

Furthermore, it enables to carry, in accordance with what is regulated, objects or orders other than the luggage of the passengers, when their transport is compatible with the characteristics of the vehicle and not Any unjustified inconvenience or inconvenience to passengers.

Additional disposition fourteenth. Collaboration between the National Commission on Markets and Competition and the State Agency for Railway Safety.

Without prejudice to the independence of each body within the framework of their respective competences, the National Commission on Markets and Competition and the State Agency for Railway Safety shall cooperate with each other. information and may be transmitted recommendations on its activities with a view to preventing possible negative effects on competition or railway safety. Such recommendations shall be taken into account before the decision is taken which, where appropriate, is appropriate.

Additional provision 15th. Relationship of complementary and ancillary services.

The Minister of Public Works is enabled to modify the qualification of certain complementary services contained in paragraph 18 of Annex I of this Law, to include them in the relation of auxiliary services contained in the paragraph 19, where the technical circumstances and the security conditions permit the provision by undertaking or entity other than the infrastructure manager without prejudice to the normal development of the railway service in terms of effective and safe provision, where this is not contrary to Community legislation.

Additional provision sixteenth. Rental and maintenance of railway equipment.

1. Renfe Rental de Material Ferrovial, S.A. will facilitate the access of the operators to the material in a transparent, objective and non-discriminatory way, giving publicity to its offer in such a way that its content can be known by all those Railway undertakings which are interested.

The business public entity Renfe-Operadora will ensure the independence of the members of the board of directors of Renfe Rentión de Material Ferrovial, S.A. in respect of the public or private railway operators.

2. Renfe Manufacturing and Maintenance, S.A. shall also provide services in a transparent, objective and non-discriminatory manner.

3. The business public entity Renfe-Operadora will ensure that Renfe Rentals de Material Ferroviario, S.A. and Renfe Manufacturing and Maintenance, S.A. guarantee the due confidentiality in the management of the relevant information regarding the business of third parties to whom, where appropriate, they have access to the exercise of their activity.

Additional 17th disposition. Border sections.

1. They are considered to be border sections of the railway infrastructure included in the General Interest Rail Network located on the borders with France and Portugal. These sections shall be identified as such in the Railway Infrastructure Catalogue of the Railway Network of General Interest as defined in Article 4, indicating the stations which limit them.

2. Regulations may be laid down, in order to facilitate cross-border rail traffic, exceptions to the rules applicable to the rest of the Railway Network of General Interest on railway personnel, rolling stock, railway traffic or safety certificates of railway undertakings, which shall apply to circulations which have their origin or destination at the railway station of the General Interest Network which delimits the border section.

3. Infrastructure managers shall include the relationship of the border sections in the statements on the network, together with information on the particular operational conditions under which the circulations are governed. origin or destination the station that limits them. These operational conditions shall be determined in coordination with the administrator of the border section of the other State.

First transient disposition. Management of rail passenger transport.

1. The process of opening up to competition for inland rail transport services of state competition will be carried out in order to ensure the provision of services, security and management of the sector, according to what is provided for in this provision.

2. The rail transport of passengers with a priority tourist purpose shall be provided under free competition as set out in Article 47.2.

For the purposes of this law, the consideration of rail transport of travellers with a priority tourist purpose shall be those services in which, having or not a periodic character, the totality of the places offered in the they are provided in the framework of a prior combination, sold or offered for sale by a travel agency on the basis of a global price in which, apart from the rail transport service, services are included, as principal, to satisfy in a general way the needs of people who are travelling related to recreational, cultural or leisure activities, being the service of transport by rail in addition to the previous ones. In no case shall this activity be assimilated to that which has as its principal or predominant object the carriage of passengers by rail.

By order of the Minister of Public Works, the conditions for the provision of this type of services will be regulated.

3. Inland rail transport services of passengers other than those covered by paragraph 2 above and in Article 59 may be provided by those railway undertakings established in Spain which obtain an enabling title.

The Council of Ministers will determine the number of qualifying titles to be awarded for each line or set of lines in which the service will be provided on a concurrency basis, as well as the period of validity of such titles. enabling.

4. The granting of the enabling titles will be carried out by the Ministry of Public Works through the corresponding tender procedure. This procedure will be public and will ensure effective competition from all concurrent operators.

By Royal Decree, on the proposal of the Minister of Public Works, the requirements and the conditions required to participate in the tendering procedures mentioned in the previous paragraph, as well as the criteria of the award of the contract and the different stages of the procedure. In any event, the provisions of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and road and, as long as the transport of passengers by rail and road transport, shall apply. Royal decree regulating the tenders, the Law of Public Sector Contracts and their standards of development.

In that Royal Decree the rights and obligations applicable to railway undertakings shall be determined during the period of validity of the enabling securities, and the regime applicable to the modification and extinction of such securities enabling. In addition, the Royal Decree will specify the prerogatives that the administration will have, within those provided for in Article 210 of the recast text of the Law on Public Sector Contracts and subject to limits, requirements and effects. identified in that law, in order to ensure the continuity of the service.

It will be a subsidiary application to these securities, in whatever is compatible with the nature of the securities, the regulation contained in the recast text of the Law on Public Sector Contracts in respect of the contract of management of public services, as regards the call for tenders, the award, the execution of the contract, except the provisions on economic performance, compliance, the causes of the decision and the formalisation of the securities enabling.

Renfe-Operator will have an enabling title to operate the services throughout the territory without the need to go to the bidding process.

5. The rules set out in this provision shall be in force until, in accordance with Community legislation, the full opening to the market of rail passenger transport is agreed.

Second transient disposition. Self-provision in service facilities of the general managers of railway infrastructure.

Railway undertakings may continue to perform the self-provision of services on the premises of a service of ownership of the general managers of railway infrastructure in which the railway undertaking has been established modality of benefit to the entry into force of this law.

In the remaining facilities of ownership of the general managers of railway infrastructure, the railway companies will be able to access to the realization by themselves of the auxiliary service of maneuvers, in the terms provided for in Article 45.2, as from 1 January 2018.

However, the infrastructure managers will be able to anticipate the possibility of self-provision of the manoeuvring service on the premises prior to the communication to the railway companies using the facilities. comply with the conditions required to do so and shall reflect those facilities in the network declaration or shall indicate a website where such information can be obtained free of charge in electronic form.

Transitional provision third. Application of the C2 and D modalities of the fee for the use of service facilities.

1. A 100 percent bonus is established for the C1 and C2 modes of the fee for the use of service facilities that will remain in force until the end of the contracts in force between the administrations and Renfe-Operadora for the provision of public passenger transport services by rail from "Nearby", "Media Distance" and "Metric Width" subject to public service obligations.

2. The licence fee for use of service facilities in its mode D will apply from 1 January 2017 and will have a 60 per cent bonus. As from 1 January 2018, it shall only be granted as bonuses as provided for in Article 98.

Transitional disposition fourth. Provisional application of rail charges and charges for ancillary services.

Until such time as they are fixed in accordance with the rules laid down in Title VI, the railway charges and the fees for ancillary services in the service facilities dependent on the managers of the the infrastructure referred to in Article 22 shall remain applicable to the entry into force of this law.

The adequacy of the railway charges to the provisions of Title VI shall, in any case, be included in the first draft of the General Budget of the State to be processed after the entry into force of this law.

Transient disposition fifth. Provisional application of the railway charges.

Until such time as the amounts of the railway charges listed in Title VI are fixed, those in force will remain applicable to the entry into force of this law.

Transitional disposition sixth. Agreements in force with state commercial companies.

The agreements signed by the General Administration of the State and the railway infrastructure managers, on the one hand, and the state commercial companies referred to in Article 166.2 of Law 33/2003, On 3 November, a Heritage of Public Administrations, on the other hand, in the framework provided for in Article 6.5 of Law 39/2003, of 17 November, of the Railway Sector, in the wording added by Law 30/2005, of 29 December, General State budgets for the year 2006 will remain in force until the end of the the actions provided for in the agreements and the winding-up of the conventions, as laid down in the provisions referred to therein.

Transitional disposition seventh. Regulatory standards.

As long as the regulatory development provided for in Articles 8, 36, 68.1 and 69.4 is not approved, the ministerial orders currently governing the matter shall apply.

Transient disposition octave. Direct award of the authorisation for the provision of railway services subject to public service obligations.

Until, in accordance with European Union legislation, the full opening to the market of rail passenger transport is agreed and in so far as it does not contravene such legislation, the authorisation for the provision of services Railway services subject to public service obligations shall be the subject of direct award where the annual cost of providing the service does not exceed EUR 1 million, where there is not a plurality of supply of services on the market (a) sufficient railway infrastructure to be used for the tendering procedure or when it relates to services of high density and high traffic volume in large metropolitan areas.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this law, and in particular Law 39/2003 of 17 November of the railway sector.

Final disposition first. Amendment of Law 3/2013 of 4 June of the creation of the National Commission on Markets and Competition.

1. Article 11 of Law 3/2013, of 4 June, of the creation of the National Commission on Markets and Competition, will have the following wording:

" Article 11. Supervision and control in the railway sector.

One. The National Markets and Competition Commission will monitor and control the proper functioning of the rail sector. In particular, it shall perform the following functions:

1. To safeguard the plurality of supply in the provision of services on the General Interest Rail Network and its railway service areas, as well as to ensure that these are provided under objective, transparent and non-transparent conditions. discriminatory.

2. Ensure equality between undertakings, as well as between any candidates, in the conditions of access to the rail services market.

3. To cooperate with the regulatory bodies of the railway market of the other Member States of the European Union in the supervision of competition in the international rail transport services market.

4. Monitor the process of consultation prior to the fixing of fees and charges between railway undertakings or candidates and infrastructure managers and intervene where it provides that the outcome of such a process may contravene the provisions in force.

5. Ensure that rail charges and fares comply with the provisions of their regulatory standards and are not discriminatory.

6. To authorise the infrastructure manager to apply charges that will tax the capacity shortage of a certain identifiable section during the network congestion periods.

7. Carry out or commission the performance of audits of infrastructure managers, operators of service facilities and, where appropriate, railway undertakings, with the aim of verifying compliance with the provisions of this Directive. Applicable accounting.

8. To determine, at the request of the competent authorities or of the railway undertakings or candidates concerned, that the main object of an international passenger rail transport service is to carry passengers between Spanish stations and those of other Member States of the European Union.

9. To determine, at the request of the competent bodies or of the interested parties, that the economic balance of the conditions laid down for the provision of a transport service subject to public service obligations is compromised by the the allocation of capacity to perform international rail transport services of fully or partially matched passengers.

10. To report, at the request of the Ministry of Public Works, the tendering procedures for the granting of authorisations for the provision of railway services subject to public service obligations.

11. To request the European Commission to examine the specific measures taken by the national authorities in relation to access to infrastructure and rail services, the granting of licences, fees or the award of capacity.

12. Perform any other functions assigned to you by law or regulatory standard.

Two. The National Markets and Competition Commission shall consult on a regular basis, and in any case at least once every two years, to the representatives of the users of the rail freight services and passengers for the purpose of in the light of their views on the railway market in the development of their functions. "

2. Article 12 (1) (f) of Law No 3/2013 of 4 June of the establishment of the National Commission on Markets and Competition shall be worded as follows:

" (f) In the railway sector, it is up to the National Commission of the Markets and the Competition to know and to resolve the complaints submitted by the railway undertakings and the other candidates in relation to the action of the railway infrastructure manager, the railway undertakings and the other candidates dealing with:

1. The content and application of the statements about the network.

2. The procedures for the allocation of capacity and its results.

3. The amount, structure or application of the fees and charges that are required or may be required.

4. º Any discriminatory treatment in access to infrastructure or services linked to infrastructure that is produced by acts carried out by other railway undertakings or candidates.

5. The provision of services in international rail freight corridors.

6. The National Commission of the Markets and Competition will cooperate with the regulatory bodies of the railway market of the other Member States of the European Union in complaints or investigations related to a international strip.

Claims must be filed within one month of the occurrence of the event or the corresponding decision. "

3. Article 12 (2) of Law 3/2013, of 4 June, of the creation of the National Commission on Markets and Competition, will have the following wording:

" 2. In the resolution of the conflicts referred to in the previous paragraph, the Commission shall decide on any complaint and shall, at the request of either party, adopt a resolution to resolve the dispute as soon as possible and, in all Case-law, within three months of receipt of all the information. In the case of dispute resolution referred to in point (f) of the preceding number 1, the maximum period shall be 6 weeks.

The resolution to be delivered by the National Commission on Markets and Competition in the cases provided for in the previous paragraph shall be binding on the parties without prejudice to the resources which they have obtained in accordance with the provisions of the Article 36 of this law. "

Final disposition second. Incorporation of European Union law.

This law incorporates into Spanish law Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area.

Final disposition third. Regulatory enablement.

1. The Government and the Minister of Public Works, as the case may be, shall take the necessary measures for the development and implementation of this law.

2. The National Council for Land Transport and the representative entities of the railway sector, and, where appropriate, the National Commission on Markets and Competition, will be heard in the elaboration of the rules for the development of this law.

3. The requirements to be determined by regulation for the exercise of the activities covered by this law shall be proportionate and non-discriminatory, in accordance with the provisions of Law 20/2013 of 9 December of the guarantee of the unit of market.

Final disposition fourth. Assessment of the financial capacity of applicants for a railway undertaking licence.

The Government is authorised to amend, by way of Royal Decree, the determining factors for the assessment of the financial capacity of applicants for a railway undertaking licence as provided for in Article 51.2, the resolutions adopted for that purpose by the European Commission pursuant to Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area.

Final disposition fifth. Competing titles that match the law.

This law is dictated by the provisions of Article 149.1.13., 21. and 24. of the Constitution which attribute to the State the competence on "bases and coordination of the general planning of economic activity", 'railways and land transport which take place within the territory of more than one Autonomous Community' and 'public works of general interest or the performance of which affects more than one Autonomous Community', respectively.

Title VI is excluded from the foregoing, which is covered by the state competition in the field of "general government and state debt", in accordance with Article 149.1.14. of the Constitution.

Final disposition sixth. Entry into force.

This law will enter into force on the day following its publication in the "Official State Gazette".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 29 September 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY

ANNEX I

Definitions

1. Award: grant, by the railway infrastructure manager, of the right to use railway infrastructure capacity.

2. International business group: any association of at least two railway undertakings established in different Member States of the European Union in order to provide international transport services between Member States.

3. Load: railway infrastructure of public or private ownership, consisting of an installation of tracks for loading, unloading and parking of wagons with a link to a line by one or more full-track needles (or to a terminal of transport of goods), which serves to complement the Railway Network of General Interest.

4. Candidates: the railway undertakings and the international business groupings constituting such undertakings. Also, public administrations with competence in the field of rail transport that have a public service interest in the acquisition of capacity or the consignors, the shippers and those carriers and operators of transport which, without regard to railway undertakings, has a commercial interest in the acquisition of capacity.

5. Infrastructure capacity: the capacity to programme the train paths requested for a segment of the infrastructure over a given period.

6. Coordination: The procedure by which the contracting authority and the candidates attempt to resolve conflict situations of requests for infrastructure capacity.

7. Network declaration: the document detailing the general rules, deadlines, procedures and criteria for the charging and capacity allocation systems. It also contains any other information that might be required to make an infrastructure capacity request.

8. Railway undertaking: railway undertakings are the operators of a railway undertaking's 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 this law. Railway undertakings must, in any event, provide traction. Railway undertakings are also considered to be those which exclusively provide traction.

9. Esplanation: the strip of land in which the natural topography of the soil has been modified and on which the railway line is constructed, its functional elements are arranged and its facilities are located.

10. Time slot: the infrastructure capacity required for a train to circulate between two points at a given time.

11. Congested infrastructure: the infrastructure stretch for which the demand for infrastructure capacity cannot be fully addressed during certain periods, not even after coordination of the various capacity requests.

12. Licence: an authorisation granted by a State to a company which is recognised as a railway undertaking, a condition which may be limited to the provision of certain types of transport services.

13. Line: part of the railway infrastructure which links two points and which is composed of the following elements: platforms of the track, track superstructure (including ballast and track material, such as mischievous, fasteners, etc.) (a) civil works, such as bridges, overpasses, viaducts and tunnels, all electrification installations (including poles, contact areas, transformation centres and electrical substations), and security, signalling and telecommunication facilities of the track and elements enabling the lighting. They are not considered to be included in the concept of line, passenger transport stations and freight terminals or other buildings or facilities for the attention of the traveller.

14. Capacity increase plan: The measure or set of measures, accompanied by an implementation schedule, proposals to mitigate capacity constraints that have motivated the rating of a tranche as a congested infrastructure.

15. Contingency plan: it is the plan drawn up by the railway infrastructure manager which contains the relationship between the administrations, the bodies and the public bodies which must be informed in the event of an important incident or serious disturbance in rail traffic. It should be in line with state legislation on civil protection, and take into consideration the autonomic competences in the field.

16. International freight transport service: any freight service in which the train crosses at least one of the Spanish borders. The train can be composed or divided, or both, and the different sections have different origins and destinations, provided all the wagons cross, at least, a border.

17. International passenger transport service: the passenger transport service in which the train crosses at least one of the Spanish borders and the main object of which is to carry passengers between stations located in different States. The train may be composed or divided and the various parts which constitute it may have different origins and destinations, provided that all wagons cross at least one border.

18. Complementary services: The complementary services referred to in Article 44.2 are as follows:

(a) Traction current supply, the amounts paid for this concept shall be shown on the invoices separately from the fees charged for the use of the railway infrastructure for power supply power.

b) Supply of traction fuel in fixed installations.

c) Preheating of passenger trains.

d) Custom contracts for:

Control of the transport of dangerous goods.

Assistance to the circulation of special convoys.

e) Loading and unloading intermodal transport units (UTI) over and from wagon.

19. Ancillary services: The ancillary services referred to in Article 44.3 may comprise the following:

a) Access to telecommunication networks.

b) The provision of supplemental information.

c) Technical inspection of rolling stock.

d) Ticket sales services in passenger transport stations.

e) Heavy maintenance services of rolling stock, these being those that require specific installations where tasks are performed that are not carried out as part of routine daily operations and that require the vehicle to be removed from the service.

f) The manoeuvring services and any other related to the train operations.

20. Operator of the service installation: the private or public entity responsible for the management of one or more of the service facilities specified in Article 42, or the provision to railway undertakings of one or more of the services supplementary and auxiliary as defined in this Annex.

ANNEX II

Basic principles and parameters of the agreements to be signed between the Ministry of Development and the railway infrastructure managers

The provisions of Article 25 shall be included in the conventions and shall include at least the following elements:

1. The scope of the agreements in terms of infrastructure and service facilities, which will cover all aspects of infrastructure management, including the maintenance and renovation of the infrastructure already in operation. Where appropriate, the construction of new infrastructure may also be covered.

2. The structure of payments or funds allocated to the services to be provided to railway undertakings, maintenance and renewal, as well as the work occasioned by the delays accumulated in maintenance and renewal. Where appropriate, the structure of the payments or funds allocated to the new infrastructure may be covered.

3. User-oriented performance objectives, in the form of indicators and quality criteria that cover elements such as:

(a) The performance of the train, for example with regard to the speed of line and reliability, and customer satisfaction;

b) the capacity of the network;

c) asset management;

d) the activity volumes;

e) security levels, and

f) environmental protection.

4. The amount of the possible backlog in maintenance and the assets that will be phased out and which will therefore generate different financial flows.

5. The incentives provided for to reduce the costs of making the infrastructure available or the level of charges.

6. The minimum reporting requirements by the infrastructure manager for the content and frequency of the reports, including the information to be published annually.

7. The duration of the agreement shall be in sync with the duration of the programme of activity referred to in Article 25.4, where appropriate, and with the general framework of fees.

8. The rules for dealing with major disruptions of operation and emergency situations, including contingency plans and early termination of the contractual agreement, and on timely information to users.

9. The corrective measures to be taken if one of the parties fails to fulfil its contractual obligations or in exceptional circumstances affecting the availability of public funding; the conditions and procedures for the availability of public funding are included here. renegotiation and early termination.

ANNEX III

Minimum content of the network declaration provided for in Article 32

The network declaration referred to in Article 32 shall include at least the following information:

1. A chapter setting out the nature of the infrastructure made available to the railway undertakings and the conditions for access to it. The information in this section will agree, on an annual basis, with the inventories of the infrastructure of the railway network railway infrastructure records that must be published in accordance with the rules of the interoperability of the railway system of the Railway Network of General Interest.

2. A chapter devoted to the canyons and the principles of royalties, which will set out in due detail both the system of fees and sufficient information on the fees and other important information on the access applicable to services to those referred to in Article 20 and Title III provided by a single supplier. It will include the methodology, regulations and, where applicable, the scales used to implement the rail charges system and the service provision fees. In addition, it shall contain information on any changes already decided or planned in relation to the fees, in the following five years, if available.

3. A chapter on the principles and criteria governing the allocation of capacity, which shall set out the general capacity characteristics of the infrastructure made available to railway undertakings, as well as any restrictions on their use, including foreseeable needs for maintenance capacity. This chapter will also detail the procedures and time limits for the capacity allocation procedure. The specific criteria used in this procedure shall be included, in particular:

a) The procedure under which candidates can request capacity from the infrastructure manager;

b) the provisions to be met by candidates;

(c) the timing for the award requests and procedures and the procedures to be followed to request information on the timetables and procedures relating to the maintenance work schedule planned and unforeseen;

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

e) the procedures and criteria used in case of infrastructure congestion;

f) the details of the restrictions on the use of infrastructures;

(g) the conditions under which the preceding levels of use of the capacity for setting priorities in the award procedure are taken into account.

The measures taken to ensure appropriate treatment of goods services, international services and applications subject to the extraordinary procedure shall be entered in detail. A form model for capacity requests will also be included. The infrastructure manager shall also publish detailed information on the procedures for the award of international furrows.

4. A chapter on information relating to applications for a railway undertaking licence and railway safety certificates or for a website where such information can be obtained free of charge in a format electronic.

5. A chapter on information on conflict resolution and redress procedures with regard to issues of access to rail infrastructure and services and the incentive system referred to in Article 96.

6. A chapter with information on access to infrastructure, rail charges and fees for the use of service facilities regulated in Title III. Operators of service facilities which are not controlled by the infrastructure manager shall provide information on the charges or prices for access to the facility and for the provision of services, as well as information on the conditions of technical access for inclusion in the network declaration, or shall indicate a website where such information can be obtained free of charge in electronic form.

7. A model agreement for the conclusion of framework agreements between the infrastructure manager and any candidate in accordance with Article 38.