Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10440
FELIPE VI King of Spain to all that the present join together and act.
Know: That the Cortes Generales have approved and I come in to sanction the following law: index preamble.
Title i. General provisions.
Title II. The railway infrastructure.
Chapter i. General provisions.
Chapter II. Planning, design and construction of the railway network of General interest rail infrastructure.
Chapter III. Limitations on property.
Chapter IV. The railway infrastructure administration.
Chapter V. legal regime of General railway infrastructure managers.
Chapter VI. Network statement.
Chapter VII. Allocation of infrastructure capacity.
Chapter VIII. Railway infrastructures in the ports and airports of general interest.
Chapter IX. Infrastructure railway's ownership private.
Title III. Service and facilities providing services to railway undertakings.
Title IV. The transport railway.
Chapter i. General provisions.
Chapter II. Railway companies.
Chapter III. Administrative intervention in the provision of railway transport services and the exploitation of infrastructures.
Chapter IV. Railway special register.
Chapter V. rights of the users of the services of transport railway.
V. title The railway safety.
Chapter i. Security regime.
Chapter II. Certification and security clearance.
Chapter III. Security regime applicable to the different elements of the rail system.
Chapter IV. The investigation of accidents and railway incidents.
Title VI. Economic and tax regime.
Chapter i. Railway rates.
Section 1 rate by railway company licence.
Section 2 rate for granting of authorization from safety and security certificate.
Section 3 fees for approval of centres, certification bodies and rolling, titles and licensing and authorisations for entry into service.
Section 4 rate by providing services and activities in the field of railway safety.
Section 5th rate by the use or use special of property of the domain public railway.
Section 6th Canon by utilization of the infrastructure railway.
Chapter II. Rates.
Title VII. Regime sanctioning and of inspection.
Annex i. definitions.
Annex II. Principles and basic parameters of the agreements to be signed between the Ministry of public works and railway infrastructure managers.
Annex III. Minimum content of the Declaration on the network provided for in article 32.
PREAMBLE the law 39/2003 of 17 November, the railway sector, has promoted a complete rearrangement of the State rail transport and has laid the foundations that facilitated the gradual opening of the market in this mode of transport and the emergence of new operators, with the ultimate goal of converting the railway a competitive transport mode. Therefore incorporated into the domestic Community rules that make up the so-called first railway package: Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 amending 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 Directive 95/18/EC of the Council on the licensing of railway undertakings and Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001, on the award of the capacity of rail infrastructure, application of royalties for its use, and safety certification.
The legal regime that establishes the law 39/2003, 17 November, rests on three pillars. First, separation, organic and functional, of the activities of management of the infrastructure and operation of transport services has led to the rupture of the State monopoly and the unit's operation tren-infraestructura that had prevailed in our country from the middle of the 20th century. This led to the reorganization of the Red Nacional de los Ferrocarriles Españoles (RENFE), hitherto exclusive transport operator in the State railway network, with the institutional segregation of management of the infrastructure and the transport operation areas and the creation of public business administrator of railway infrastructures (ADIF) and RENFE-Operadora, which has served as the basis for the restructuring of the State Railways, finally.
In second term, the law put up a process of liberalization progressive of the transport railway, with openings successive to the competition: of the transport of goods initially, of the transport international of travelers then and it recently initiated of the transportation inside of travelers.
The third pillar of the law 39/2003, 17 November, was the creation of a regulatory body, the Committee of railway regulation, which assigned functions of supervision and resolving conflicts between the railway infrastructure manager and operator of the railway market, or these together, to ensure the proper general functioning of the system. The law 3 / 2013, of 4 of June, of creation of the Commission national of them markets and the competition, abolished the Committee and attributed its functions to the new organ regulator.
Along its more than ten years of validity, the law 39 / 2003, of 17 of November, has experienced, however, numerous tweaks and modifications partial with which is has intended give response to needs specific arising in the sector railway. So it has occurred, for example, with the liberalisation of international passenger transport in compliance with the Directive 2007/58/EC of the Parliament and of the Council of 23 October 2007 why amending the Council Directive 91/440/EEC, and Directive 2001/14/EC, the regulation of the provision of additional, complementary and ancillary services on the rail network of General interest and in areas of railway service , with the recognition of a level of functional independence of the regulatory committee railway, with the anticipation of the opening of the internal market for the carriage of passengers, with the abolition of the Agency Spanish railways de Vía Estrecha (FEVE), with the fulfillment of the sentence 245/2012, December 18, 2012, of the Constitutional Court, in relation to the determination of the part of the railway network of General interest lines with the restructuring of ADIF, regulation of the procedure to establish, modify, and update the cannons railway in accordance with the judgment of the Court of Justice of the European Union of February 28, 2013, with the establishment of a regime of assistance to victims of accidents of railway's State competition or regulation in sede legale in the technique of railway incidents and accidents investigation procedure. All these issues have given rise to successive reforms of concrete precepts of the law which, because of its importance to quantitative and qualitative, threaten to weaken the necessary homogeneity of the legal regime of the railway transport.
At the same time, the directive 2012/34/EU of the European Parliament and the Council of November 21, 2012, which establishes a single European railway area, been simplified and clarified the Community regulatory framework for rail transport, merging the members of the first railway package directives in a single text. But, besides this purpose of debugging and improvement of legislation, the directive has also changed many precepts of the directives and introduced new provisions that respond to the new requirements of the railway market.
News collecting 2012/34/EU cover almost all areas of railway legislation; among other ends, those relating to transparency and sustainability of the financing of rail infrastructure and of the accounts of railway undertakings, the extension of the right of access of the latter to the infrastructure in connection with ports and service facilities, a new and more complete classification of railway-related services, the obligation imposed on managers of infrastructures adopt programs enterprise including investment and financing plans , the strengthening of the independence and powers of the regulatory bodies of the market and the establishment of new and more precise rules in the tarification of access to railway infrastructure.
This law are incorporated into Spanish law the new rules contained in the directive 2012/34/EU of the European Parliament and of the Council of November 21, 2012. While the law remains a good number of the precepts of the law 39/2003 of 17 November, it has been chosen, for reasons of certainty and clarity and to facilitate the correct interpretation of their mandates, unify and concentrate on a new rule, which will replace entirely to law 39/2003, 17 November, the legal regime full of the rail transport mode.
Title I of the Act contains general provisions and determines the object and the purposes of the same.
He title II includes the rules applicable to the infrastructure railway and establishes the regime of its planning, projection and construction. The concept of rail network of General interest, on which the State exercises full powers, is defined and regulated procedures of inclusion and exclusion of infrastructure in the network and the formation of the railway infrastructure of the railway network of General interest catalog.
The aforementioned title also regulates the regime of the railway infrastructure administration, contemplating the coexistence of a plurality of infrastructure managers and expressly imposing submission to the mandates of the law of private managers who assume the construction and administration of a railway infrastructure under a contract.
In what refers to the railway infrastructure located in ports of general interest, connected with the railway network of General interest, these infrastructures are, basically, service facilities, so port authorities only exercise on these some of the functions of the railway, with the specialties that infrastructure manager is provided for in this law.
Title II incorporates other equally noteworthy developments. Obligation to the Ministry of public works the pass, with broad participation of the institutions and actors involved, and publish a strategy of development, maintenance and renewal of railway infrastructure of State competition, which has to be developed with a time horizon of at least five years, and determines the regime's construction of railway works , with the forecast of contracts of collaboration between the public sector and the private sector of a maximum of forty years duration.
Title III is dedicated to service and facilities providing on-site services to railway undertakings. Significantly expands the relationship of regulated facilities, prevent the non-discriminatory access to the same by all operators, different types of services are classified pursuant to the provisions of the EU directive 2012/34 and self-provision of services regime extends by the railway companies. These measures should allow businesses, ultimately, provide better services to its customers.
Title IV of the Act, recognizing the strategic importance of transport as well as the environmental advantages of rail transport, based on consideration of this mode as a service of general interest that are essential to the community is provided in regime of free competition, without further exceptions than those expressly provided for in the law for reasons of public service.
In this particular field, the law presents important news. It is expected that the Council of Ministers may declare, ex officio or at the request of the autonomous communities or local corporations, services of State competition, whose offer is inadequate or does not meet minimum conditions of frequency, quality or price, remaining subject to the fulfilment of public service obligations. The statement implies that them services is will lend by a single company that must ensure its continuity and is arbitrate different options for compensate economically such obligations: through the exploitation of them services in regime of exclusivity or by grant. Where the obligations of service public is imposed to initiative of them communities autonomous or of them corporations local, these will be responsible of their funding. Is attributed to the Ministry of public works function of guarantee consists in determining, ex officio or at the request of the parties concerned and with binding, if the economic balance of the conditions imposed for the provision of public service on a line or in a railway service obligations are affected by the concurrence of trade matching services; If the Ministry of public works that you undermining the economic balance, commercial services will be limited. In the case of services commercial corresponding to traffic international it function previous corresponds to the Commission national of them markets and the competition in accordance with the normative community.
It law adapts the regulation of them rights of them users to the normative established, with character uniform for all the Union European, in the Regulation (CE) 1371 / 2007 of the Parliament European and of the Council of 23 of October of 2007 on them rights and them obligations of them travelers of railway, and collects the right to an assistance integral to them affected by accidents railway. Title IV contains, moreover, two additional measures: imposed on railway operators obligations of information to the authorities responsible for rail transport to ensure the transparency of the liberalized market and enabled the Ministry of public works to establish general conditions or standard contracts for different kinds of services aimed at ensuring minimum standards of quality.
The law dedicates title V to railway safety, providing value of law provisions which collected previously in regulatory standards and systematically ordering others incorporated by Royal Decree-Law 1/2014, of 24 January, reform of infrastructures and transport, and other economic measures. Title V relate to all the components that integrate security into railway, defined the powers of the State Agency of railway safety, set up as the national authority responsible for railway safety, and regulates the security regime applicable to each of the elements and actors of the rail system.
Title V also includes a chapter on the investigation of accidents and incidents railway which establishes the obligation to investigate all serious railway accidents that occur on the railway network of General interest technically as well as other accidents and incidents deemed relevant by the body responsible for the investigation, the Commission of investigation of railway accidents investigation. Given to the Commission full functional independence, regulates its composition and the intervention of the Congress of Deputies on the appointment of its members.
Title VI of the Act regulates the economic and tax regime of the railways reaching the balance between affordability for the system and the promotion of rail transport. It aims to encourage the improvement of the functioning of the network, the reduction of disturbance, the optimization of the use of the infrastructure and the reduction of the costs of making it available.
The new legal structure of the rail cannons which will arbitrate is simpler and more stimulating than the preceding traffic. Suppresses the modality of canon's access, in the Canyon for use of railway lines, which constituted a barrier to the entry of new operators into the market, new criteria for classification of lines are implanted in order to link the rail cannon to the potential profitability of the market and special emphasis on the regulation of price increases and reductions of the amount of the canon is made payable by operators to promote the development of services Railway and more effective exploitation of the lines.
Notably, modifies also the structure of the barrel for use of the service facilities and checked the tariff regime for the provision of services, advancing in free access to service activities without compromising the sustainability of the rail infrastructure. Amending and ultimately extend the classification criteria of the stations of passenger transport in order to take into account the economic capacity of the services related to the determination of the amount of the canon.
With regard to the remaining rates, the main novelties of law consist of elimination of the rate for safety in rail transport and the creation of the rate for providing services and carrying out activities in the field of railway safety, whose amount will be used to finance the activities carried out by the State Agency for railway safety.
Inspection and sanctioning regime gathered in Title VII. The regulation aims to strengthen the principle of legality with a typing more precise and systematic violations and a higher graduation of sanctions. Powers to impose penalties between the State Agency for railway safety for offences that affect railway safety, the Ministry of development to which violate the rules of the transport and the National Commission of markets and competition is distributed to correct non-compliance with its decisions.
The Act closes with seventeen additional provisions, eight transitional provisions, a repealing provision and six final provisions. The first transitional provision establishes a provisional system of progressive opening of the internal market for rail passenger transport, in which the access of new operators will be held through of obtaining, through a process of public bidding, enabling titles for each line or group of lines. The first final provision modifies the law 3/2013, June 4, creation of the National Commission of markets and competition, to integrate into her new powers and the amendment of the rules of functioning of the railway market regulators listed in the 2012/34/EU directive.
Title I General provisions article 1. The object of the Act.
1. the object of this law is the regulation, in the field of the competition of the State, of them infrastructure railway, of the security in the circulation railway and of the provision of them services of transport railway of travelers and of goods and of those that is lend to them companies railway in them facilities of service, included them complementary and auxiliary.
2. not will be of application it willing in this law to the modes of transport that use cable or cables, tractors and carriers and that not have road of rolling fixed, which is governed by its normative specific.
Article 2. Purposes of the Act.
(Are purposes of this law the following: to) ensure a system common of transport railway in the territory of the State.
(b) meet the needs of the society in the field of the transport railway with the maximum grade of efficiency.
(c) facilitate the development of the common European policy of rail transport, favouring the interconnection and interoperability of the railway systems and intermodality of transport services.
(d) determine the guidelines to coordinate the activities of the various bodies of public administrations with competences in matters that may have an impact on the railways.
(e) separate the legal regime applicable to the railway infrastructure of the of the transportation services provided on them.
(f) regulate the construction of railway infrastructure and the development of new transport services for State competition and promote economic, social and territorial cohesion.
(g) ensure the efficiency of the State rail system through appropriate utilization of available resources.
(h) regulating the system of licensing that allow access to the market of the railway undertakings.
(i) regulating access to the railway infrastructure by means of a procedure for the allocation of capacity based on the principles of objectivity, transparency and non-discrimination.
j) promote conditions of competition in the provision of transportation services rail, in accordance with the provisions therein, with respect to the principles of objectivity, transparency and non-discrimination.
k) establish criteria for the provision of services of rail transport of passengers and goods is carried out effectively, continuity and in conditions of safety.
(l) promote the provision of services railway in conditions of security, define them responsibilities that in this matter incumbent to all them agents that operate in the network railway of interest General and determine them powers of the authority national responsible of it security railway.
(m) regulating the investigation of accidents and railway incidents and the powers and rules of operation of the Commission of investigation of railway accidents.
(n) to protect the interests of users, with special attention to people with disabilities or with reduced mobility, ensuring their rights to access to the services of railway passenger transport in adequate conditions of safety and quality and the choice of the company that provided them, as well as the provision of comprehensive assistance to victims in the event of a train accident.
Title II chapter I General provisions article 3 railway infrastructure. The railway infrastructure.
For the purposes of this Act, railway infrastructure means the totality of the elements that are part of the main routes and the service and the branches of deviation for individuals, with the exception of routes within workshops for repair of rolling stock and deposits or garages of traction machines. These elements include land passenger transport stations, freight terminals, civil works, level crossings, service roads, facilities related to security, telecommunications, electrification, to the signage of the lines, lighting, storage of fuel needed for traction and transformation and transport of electric power its outbuildings, traffic control centers and any others to be determined by regulation.
Transport of passengers and freight terminals stations will be constituted by: to) tracks major and service, with the land on which settle and all of its elements and precise auxiliary facilities for its functioning.
(b) the passenger and goods platforms.
(c) the walkways of the courtyards of travellers and goods, including access by road and for passengers who arrive or depart on foot.
(d) the buildings used by the infrastructure service.
(e) plants intended to raise shipping rates, as well as those designed to meet the needs of travellers.
Areas dedicated to other activities exclusively commercial, logistics or industrial applications, although they are located in the area of those will have no consideration of transport of passengers and freight terminals stations.
Article 4. The rail network of General interest.
1. the rail network of General interest is composed of the railway infrastructures that are essential to ensure a common system of rail transport throughout the territory of the State or whose joint administration necessary for the proper functioning of such a common system of transport, such as those linked to international trafficking routes, which link the different autonomous communities and their connections and access to the main centres of population and transportation or essential facilities for the economy and national defense.
2 corresponds to the Minister of public works agree, at any time, the inclusion, in the railway network of General interest, new railway infrastructure where general interest reasons justify it, following a report from the affected regions.
If railway infrastructure that is intended to include in the rail network of General interest discurriera, entirely, by the territory of one autonomous community and connections with the rest of the network or was owned by the autonomous community, is necessary for such inclusion your prior consent.
3. the Minister of promotion may be excluded, prior report of the autonomous communities concerned, a particular railway infrastructure of the railway network of General interest provided that are gone the reasons of general interest that justified its inclusion in that. The railway infrastructure will be transferred to the corresponding autonomous community. Transfer record will be promoted at the request of the autonomous community or of the Ministry of development, and will be resolved by the Council of Ministers.
4. all railway infrastructure forming part of the railway network of General interest will be included in the catalogue of railway infrastructures of the railway network of General interest, which is connect lines and sections in accordance with a code official, expressing also its origin and destination and a brief reference to their technical specifications, as well as passenger transport stations and freight terminals.
In any case, for the determination or modification of the catalog parties must be heard the autonomous communities that run the corresponding line or rail stretches.
The establishment and modification of the catalogue of railway infrastructures of the railway network of General interest will be published in the «Official Gazette» corresponds to the Ministry of public works.
The inclusion or exclusion of railway infrastructures of the railway network of General interest, adopted pursuant to the provisions of paragraphs 2 and 3, will determine the modification of the mentioned catalogue.
5. it put in service of new infrastructures that form part of the network railway of interest General will mean its inclusion automatic inside the quoted catalogue.
However, every three years, is will review the catalogue according to the procedure of the paragraph earlier and is will proceed to its publication.
6. the State and them communities autonomous with infrastructure railway of its ownership shall cooperate to facilitate the connection between these infrastructure railway and it network railway of interest General, encouraging the interoperability between them different networks.
7. the ministries of development and defense shall jointly provide measures necessary to ensure the proper coordination in matters to which this Act applies as appropriate to the needs of national defense.
Chapter II planning, design and construction of the railway network of General interest article 5 railway infrastructure. The railway network of General interest rail infrastructure planning.
1. the Ministry of public works will be public strategy of development, maintenance and renewal of the railway infrastructure of the railway network of General interest aimed to meet the future needs of mobility. This strategy, which will cover a period of time of at least five years, shall be renewable, will establish a framework of priorities and financial will be based on the economic and social efficiency and sustainable railway system financing, shall take into account, where appropriate, global European Union needs and will be established after the procedure in which in the terms established by law, is to take audience to regional and local public administrations concerned and others interested.
The strategy of the development of them infrastructure railway must make is from a perspective intermodal for ensure the optimization of them resources invested and its allocation efficient between modes of transport.
Regulations shall be established the assumptions in which, for reasons of general social interest, not provided for in the indicative strategy investments, as well as the review of this strategy may be approved.
2 corresponds to the Ministry of public works, affected Development Advisory Council and the autonomous communities ears, planning of the railway network of General interest infrastructures and the establishment or modification of the railway lines or sections thereof, of transport of passengers and freight terminals stations. Also, it will be rules that determine regarding the establishment or modification of other items required to form part of the railway network of General interest.
3. for the establishment of a line or segment, station passenger transport or terminal for goods transport member of the railway network of General interest, or significant modification from the point of view of the path or their functional conditions of exploitation, will be accurate the adoption, by the Ministry of public works, of a feasibility study, pursuant to the provisions of this law and the regulations that develop it.
The feasibility study includes the analysis and definition, in both geographical aspects such as functional and exploitation of a particular performance options and, where appropriate, the selection of the most advisable alternative as a proposed solution. In your case, the feasibility study will include the study of environmental impact of the options raised and will constitute the basic document for the purposes of the relevant environmental assessment under the environmental legislation.
Without prejudice to what may set the environmental legislation, the drafting of a feasibility study is not mandatory when concerned works of replenishment, conservation, packaging layout, flare platform or splits route on the same, electrification, signage, and in general those which do not pose a substantial modification of the layout of the existing lines. For this purpose, it means a line or stretch of line, a strip of land whose dimensions are determined according to the rules. The drafting of a feasibility study for the establishment of stations of passenger transport of proximity and halts and small size freight terminals is not mandatory as determined by law.
4. for processing, the Ministry of public works shall forward the feasibility study corresponding to the autonomous communities and local authorities affected, so that, during the period of one month, examine and, where appropriate, to report if the proposed path is best suited for the general interest and the interests that represent. Within that period unless such public administrations to report in this regard, means that they are compliant with the proposed solution.
In the event that any of these Governments express disagreement, necessarily motivated, in relation to information studies on new railway lines, sections of the same or other elements of railway infrastructure not included in the existing urban nuclei of population planning to that affect, the Ministry of development will open a period of consultation with her for a period of not less than two months. Of keep is the discrepancy, the record will be high to the Council of Ministers that will decide about the execution of the project to is concerns the study informative and, in his case, agreed it modification or review of the planning affected, that must accommodate is to them determinations of the project in the term of a year from its approval.
5. with character simultaneous to the pending of report to is concerns the paragraph previous, the study informative is shall submit, in the form planned in the law 30 / 1992, of 26 of November, of regime legal of them administrations public and of the procedure administrative common, to a procedure of information public during a period of 30 days working. The observations made in this procedure shall be exclusively on the global conception of the projected path. The processing of public information record corresponds to the Ministry of public works.
Simultaneously, and with that same term, the Ministry of promotion request report to the companies railway and to the administrator of infrastructure railway affected about it conception global of the path projected and of them aspects functional or of exploitation included in the study informative.
6. a time concluded them deadlines of audience e information public, the Ministry of promotion sent the record full, that will include the study informative and the result of them procedures of audience e information public, to the Ministry of agriculture, food and environment to them effects expected in it legislation environmental.
7 completed the processing referred to in the preceding paragraph shall be the Ministry of public works the formal act of approval of the feasibility study, which will entail the inclusion of the future line or section of the network to which this refers, the railway network of General interest, in accordance with the provisions in article 4(2).
During the revisions of instruments of urban planning, or in cases that approval of a type of instrument different from the previously existing, will include new infrastructures contained in information studies definitively approved previously. For this purpose, information studies will include a proposal for the band's booking of the foreseeable occupation of infrastructure and their zones of public domain.
For the sole purpose of the temporary occupation of the land for data collection and realization of necessary researches for the development of projects, the approval of information studies will involve the Declaration of public utility and the need for temporary occupation of such lands.
8. after ten years since the formal adoption of a feasibility study without that has started the execution of the relevant works will have effect as provided in the preceding paragraph.
Article 6. Approval of projects, construction and commissioning of the railway network of General interest rail infrastructure.
1 corresponds to railway infrastructure managers that referred to in article 22 of this law the adoption of Basic projects and construction of rail infrastructure in its ownership, as well as its construction.
It means construction project which establishes the full development of the solution adopted regarding the need of a specific railway infrastructure, with the detail necessary to make feasible the construction and subsequent operation. The Basic project is the part of the construction project that contains the geometric aspects of the same, as well as the concrete definition of goods and rights affected.
The projects of construction of new infrastructures or those that modify them significantly or introduce relevant disturbances in the railway operation, as well as any modifications of these projects, will be knowledge of the railway companies, the Ministry building and the State Agency for railway safety, prior to its adoption.
After five years since the adoption of the technical project of construction without starts the execution of the corresponding works, this shall be without effect.
2. the approval of the corresponding Basic project or the construction of railway lines, sections of the same or other elements of railway infrastructure or modification of the pre-existing which requires the use of new land, will be the Declaration of public utility or social interest, the need for occupation and the Declaration of emergency of the same, for the purposes of the compulsory expropriation of those in which the line should build , the section or the element of the infrastructure railway or that are necessary to modify them pre-existing, according to it intended in the legislation expropriation.
In the event that should be affected services, facilities of services, access or pathways of communication, is may opt by the expropriation or by the replacement of those. In the latter case, the ownership of these services or developing spare parts as well as responsibilities and obligations arising from its operation, maintenance and upkeep, correspond to the original of the same holder. Hearing this in his speech at the reception of the works carried out for the replacement and the liability regime, which will continue in any case being of the original holder, unless expressly agreed otherwise, the corresponding procedure must be set by rules of procedure.
3. the power expropriation will be exerted, in all case, by the Administration General of the State and the beneficiary of the expropriation will be the administrator of infrastructure railway that will assume them rights and obligations that the legislation of expropriations sets and be paid the cost of them same.
4. them administrators of infrastructure railway may, through Convention of collaboration, entrust to others administrations public, entities of right public and societies linked or dependent of these administrations, the faculties corresponding to the hiring of works railway in it network railway of interest General. The Commission shall not imply, in any case, the approval of the construction project, or affect the functions of supervision and reception of the work.
5 before the commissioning of railway lines, the sections and stations for carriage of passengers or terminals of transport of goods belonging to the railway network of General interest, anyone who has been the procedure of construction, it will be necessary to have an authorisation from the State Agency for railway safety it is declared that the railway line or the corresponding section can enter service to comply with the safety conditions required by the applicable regulations. Regulations, shall be determined the procedure and requirements for authorization.
Article 7. Incidence of the railway infrastructure on urban planning. Municipal control.
1 General plans and other General instruments of urban planning will qualify the land concerned by the railway infrastructure forming part of the railway network of General interest, as well as those who must care for such purpose, in accordance with the informative studies approved definitively, as general system rail or equivalent, State-owned, and not include determinations which impede or interfere with the exercise of the powers conferred to the administrator of railway infrastructures.
2. in addition, in case you remember the drafting, revision or modification of an instrument of urban planning that affects railway lines, to sections of the same, other elements of railway infrastructure or service areas regulated by article 9, organ with powers to agree on initial approval must send, prior to this , the content of the project to the Ministry of promotion to by this is issued, in the term of two months computed from the date of its reception and with character binding in it relative to them materials of its competition, a report comprehensive of them observations that, in its case, deems suitable. If within this period had not evacuated the report cited by the concerned Ministry, means its conformity with the development project.
May be not approved instruments modification, revision, development or execution of the territorial and town planning, planning that contravene provisions of a feasibility study finally adopted in the case of informative studies on processing which, having not yet approved, have been subjected to public information, the competent administration in territorial and urban planning, as appropriate, shall in each case in areas affected by the paths and railway actions mentioned public information object, to the suspension of the approval of new classifications and ratings of soil and the effects of those already adopted, as well as the suspension of the granting new authorizations and urban development licenses, until is approved the study, with a maximum period of suspension of one year from the date of publication of the notice of public information from the corresponding study, which may be extended accordingly by the Ministry of development, for a maximum period of six months.
The above excludes administrative actions of territorial, urban and building character that if it were compatible with the future railway performance or are limited to the mere conservation and maintenance of existing, binding report of the Ministry of public works.
3. the works of construction, repair and conservation of railway lines, of sections of the same or other elements of the infrastructure shall be regarded as works of general interest. Building construction projects will be, previously its approval, communicated to the competent urban management to check its suitability for the feasibility study and issued a report, which shall be favorable if it passes a month from such communication unless it had issued.
These works are not subject to municipal preventive control referred to in article 84.1. b) of Act 7/1985, of 2 April, regulating the Bases of the Local regime.
4. the railway infrastructure manager not require authorizations, permits or administrative licenses of first installation, operation or opening, provided for in the regulations for the development of the activities directly related to rail traffic.
5. authorisations and, where appropriate, concessions granted to individuals to carry out activities in the area of railway service regulated in article 9 or works, not exempt owners to obtain permits, licences and other authorizations which, in each case, be required by other legal provisions.
Article 8. Level crossings.
1 road crossings or other means of communication with rail lines arising from the establishment or modification of any of them, shall, in any case, be a different level. Only in exceptional cases and for justified reasons, the provisional establishment of new steps to level for the time strictly necessary and in the form established by law may be authorized.
The authorization for the provisional establishment of new level crossings shall be responsible administrators generals of railway infrastructures. This authorization must be motivated and notified to the State railway safety agency.
2. General managers of railway infrastructure, and public administrations with competence in the field of roads will proceed, as permitted by the available budget and in accordance with the conventions which, in his case, could celebrate, the abolition of existing level crossings, and where appropriate, replaced by crosses a different level, in the form determined by law.
3. the construction of new residential areas and centres or establishments such as hospitals, centers, sports, educational, cultural, industrial or other facilities equivalent, when the access to them can be done through an existing level crossing, will imply the need for the Elimination of it, being the cost of such removal of the promoter of urbanization or settlement account.
In any case, the promoter shall submit to the affected railway infrastructure manager a specific project of the accesses to the same, including aspects of fragmentation, road network and urban services which have an impact on areas of public domain, servitude and condition of the railway. The administrator, following a report of the Ministry of public works, will adopt the resolution resulting from.
4 General managers of railway infrastructures, with the aim of preserving and improving the safety of the users of highways and roads and the railway, may make reordering of level crossings, as well as its accesses, both public and private ownership, ensuring access to the affected premises in the latter case.
5. the administrative approval of projects of construction of crossings at different levels and the necessary works for reordering, concentration and improvement of level crossings and access, including improving its visibility, take annexed the Declaration of public utility, the need of occupation and the urgency for the purposes of the expropriation of the property and rights that may be necessary for these performances. For the approval of them cited projects, not will be necessary the realization of the pending of information public, when them performances to carry to out not pose a modification substantial in the functionality of the line affected.
(The concerned works not are subject to them acts of control preventive municipal to is concerns the article 84.1. b) of the law 7 / 1985, of 2 of April, and have the character of works of conservation, maintenance and replacement of facilities railway. However, new construction projects must undergo report of competent urban management that shall be issued to favorably if not it had evacuated, expressly, in the period of one month from receipt of the documentation.
6 steps to level must have the adequate protection and signalling systems to ensure safety which, in each case, appropriate in accordance with the classification to be established by regulation.
7. the particular existing level crossings, established to service certain farms or holdings of any kind, shall be governed by the conditions laid down in the corresponding permit its use by different people or for traffic or other falling within the purposes being expressly prohibited. Generals railway infrastructure managers may, ex officio or a proposal from the competent public administrations in the field of roads, remember the closing level crossings on private roads established when the owners thereof do not respect the conditions of the authorisation or not properly attend to its conservation, protection and signalling, or when crossing the road can be made by other nearby steps same or different level. They may modify the conditions of the authorization granted for the establishment of the level crossing, or impose new requirements of safety or step when road or crossing circumstances had changed since the date of granting of the.
8 will be the consideration of steps to level the effects of this law, the intersections of roads or roads with railway lines when those occur within industrial and port areas or access to them, provided that the following circumstances together: to) that the operator of such railway lines share with responsible for road management of traffic at the crossing points.
(b) preference in such points is attached at all times pursuant to the referred system of management of the traffic, causing them to share the platform of the railway line with road traffic.
These intersections shall have the protection that corresponds according to what is determined by regulation and trains shall be limited its maximum movement speed by those 40 kilometers per hour.
9. equally, not will have the consideration of steps to level to them effects of this law them intersections of vials, both them destined to the traffic rolled as to the pedestrian, with them lines railway integrated in the network railway of interest General or sections of them same that are susceptible of be used not only for the circulation of trains and others vehicles railway conventional (, but also for that of trams, light meters, or other means of rail transport different from the conventional rail, provided that the following requirements are fulfilled: to) that the physical configuration of the railway line or section of the same answer to typologies and design parameters of lines intended for circulation of trams, light or similar vehicles.
(b) systems control traffic from the line or section and their exploitation characteristics are the commonly used lines intended for circulation of trams, light or similar vehicles.
Article 9. Areas of railway service.
1. the Ministry of public works may delimit, especially in areas related to transport of passengers or freight terminal stations, railway service areas including the land necessary for the execution of railway infrastructure and to carry out the activities of the railway infrastructure manager, those additional tasks for and booking spaces that ensure the development of the railway service.
Without prejudice to the activities referred to in the preceding paragraph, within the area of railway service may be made unavailable industrial, commercial and services whose location is justified by its relationship with those, in accordance with which determine the delimitation and use of rail space and appropriate urban planning project.
The applicable regime, within the areas of rail service, the land required for the implementation of railway infrastructure and to carry out the activities of the railway infrastructure manager, shall be subject to provisions of the delimitation project and use of rail space refers to which the following paragraph.
2. the establishment of the service area will be done through a project of delimitation and use of rail space, which will include activities that are expected to develop in various areas as well as their justification, or convenience. The project will be prepared by the railway infrastructure manager and approved by the Minister of public works. According to the rules be established content, documentation, and the procedure to be followed for approval, which shall necessarily include the issuance of report by local and regional urban administrations on issues within its competence.
In any case, the procedure for the approval of delimitation and use of rail space projects will include binding report of the Ministry of defence when delimitation proposal include land, buildings and installations, including their areas of security, linked for the purposes of national defense.
The adoption of the draft of delimitation and use of rail space take implied the Declaration of public utility or social interest, the need for occupation and the Declaration of urgency thereof, for expropriation purposes, goods and rights necessary for their implementation.
Article 10. Consideration urban development of the areas of service.
1 General plans and other General instruments of urban planning will qualify the terrains for areas of railway service as general rail or equivalent system of State-owned and not include determinations which impede or interfere with the exercise of the powers conferred to the administrator of railway infrastructures.
2 the system general railway referred to areas of service laid down in the delimitation and use of rail space project will be developed through a special management plan in the area of railway service or equivalent instrument, which will be processed in the following way: to) the railway infrastructure manager may make the project of the concerned special plan who will carry out and approve, as a plan of public initiative, the urban authority in accordance with the applicable legislation in each case.
(b) completed processing, prior to its approval, the urban development authority will transfer of the draft plan to the railway infrastructure manager, to this issue report on the issues of its competence within a maximum period of one month.
(c) should not be given transfer of the draft plan, within six months from his referral by the administrator of railway infrastructure to the Agency in charge of processing, or disagreement between both authorities on their content, the urban administration not may approve it, must start a period of negotiation with the administrator of railway infrastructure in order to obtain an express agreement within the period of two months. Within this period without agreement, the record shall be sent to the Council of Ministers, which shall decide, with binding, on issues disagree.
3. the works which are carried out in the area of railway service must adapt to the special management of this plan or equivalent instrument. The finding of this requirement must be requested, before implementation, notify the competent urban management which means that it is favourable if it passes a month since the submission of the appropriate documentation unless that has been forwarded.
4. in the event that the special plan of the area of railway service or the equivalent instrument was not adopted referred to that second, the works that make the administrator of railway infrastructure in the area of railway service shall be compatible with the delimitation and use of rail space project.
5 shall be the suspension of the execution, by the urban bodies, of the works carried out by the administrator of railway infrastructures when these are carried out in compliance with the plans and works projects approved by the competent bodies.
Article 11. Closure of lines or sections of railway infrastructure.
1. when the exploitation of a line railway lacks of profitability from the point of view economic and social, the Council of Ministers, to instance of the Minister of promotion, prior request motivated, in its case, of the administrator of infrastructure corresponding, may remember its closing and consequent exclusion of it network railway of interest General, resulting of application it planned in them paragraphs 3 and 4 of the article 4.
Before making the request for closing the infrastructure manager should consult with the railway companies.
2. with prior to the adoption of the agreement of closure of the line or section concerned, the Ministry of public works shall inform of the autonomous communities and local entities that may be affected. If the autonomous communities and local entities assume no funding for the administration of the railway line or section of the same, the Council of Ministers will agree to its closure, or, if applicable, its transfer to the corresponding autonomous community in the terms provided for in article 4.3.
If one or other to assume the financing of the line or section, the Ministry of development, the administrator of railway infrastructures and administrations that assume the financing will sign an agreement in which the terms of the maintenance of the line or the stretch of line concerned the railway network of General interest shall be fixed.
3. the closure of elements other than lines and sections shall be given in accordance with the conditions fixed by the Ministry of development and in accordance with the rules and the procedure provided in the preceding paragraphs.
Chapter III article 12 property limitations. Public domain, protection zone and boundary of building area.
For the purposes of this Act, is set out in the railway lines forming part of the railway network of General interest, a public domain, another protection and a limit of building area. Both the concerned areas and the limit of building shall be governed as provided in this law and its development provisions.
The organs of the General Administration of the State, in the exercise of the powers which they are entitled in relation to the public domain and protection zones and with the limit of building, be co-ordinated among themselves and with other public administrations which, legally, is to confer powers in relation to lands that deserve a special safeguard.
Article 13. Public domain area.
1. include the area of domain public them land occupied by them lines railway that form part of it network railway of interest General and a strip of land of eight meters to each side of it platform, measure in horizontal and perpendicular to the axis of the same, from it edge outside of it Flatwork.
2. regulations may determine is a distance lower to the established in the paragraph previous to delimit the area of domain public and it of protection, depending on them features technical of the line railway of that is try and of them features of the soil by which runs such line. Not may be authorized the reduction of the area of public domain, the protection or the line limit of building by special interests.
3. the outer edge of the explanation is the intersection of the slope of deforestation, fill or, where appropriate, support walls adjacent to the natural terrain.
In those cases in that them features of the terrain not allow define it edge outside of the Flatwork, conform such edge outside a line imaginary, parallel to the axis of it via, located to a distance of three meters measured, perpendicular to said axis, from the edge external of the rail outside.
4. in them cases special of bridges, viaducts, structures u works similar, as rule general is can set as edges foreign of the Flatwork them lines of projection vertical of the edge of them works on the ground, being, in all case, of domain public the ground understood between them referred lines. In those cases in which the height of the structure is sufficient, can delimit as public domain exclusively the area required to ensure the preservation and maintenance of the work, and in any case, the outline of braces and brackets and a stretch of perimeter enough around these elements.
Article 14. Protection area.
1. the area of protection of the railway lines consists of a strip of land on either side of them bounded, inwardly, in the area of public domain defined in the preceding article, and externally, by two parallel lines situated 70 metres from the outer edges of the Flatwork.
2. on the ground rated by urban development as urban or developable land, planning and provided that it has more precise planning that requires the town planning legislation, to start its implementation, the distances set out in the previous section for the protection of the railway infrastructure will be five meters for the area of public domain and eight meters to the protection in all cases from the outer edges of the explanation. These distances may be reduced by General railway infrastructure managers, report of the State Agency of railway safety in the field of its competences, proving the need or the public interest of the reduction, and is no unreasonable prejudice to the regularity, conservation and the free movement of the railway without that, in any case, the corresponding to the zone in the public domain may be less than two metres. The application of reduction must go accompanied, at least, of a memory explanatory and of flat in plant and elevation that describe of form accurate the object of the same.
Article 15. Limit of building.
1 both sides of railway lines that are part of the railway network of General interest sets the limit of building line, from which up to the railway line it is forbidden any work of construction, reconstruction or enlargement, with the exception of those that are essential for the conservation and maintenance of the existing buildings at the time of the entry into force of this law. The establishment of new electric high voltage lines within the area affected by the boundary of building line is also prohibited.
In the tunnels and in the railway lines buried or covered with slabs shall not apply line boundary of the building. Nor shall apply the line building limit whenever the work to run a fence or enclosure.
2. the limit of building line stands fifty meters from the nearest outer edge of the platform, measured horizontally from the mentioned Ridge.
In railway lines that are part of the railway network of General interest and that run through urban areas, building boundary line is twenty metres from the closest to the platform edge.
Be determined according to the rules, a distance less than envisaged in the previous paragraph to the boundary line of construction, depending on the characteristics of the lines.
3. in addition, administrators generals of infrastructure, following a report of the State Agency of railway safety in the field of competences and of the autonomous communities and local entities concerned, may, for geographical or socio-economic reasons, fixed a boundary line of building different character general, applicable to certain railway lines forming part of the railway network of General interest in zones or areas delimited. This reduction shall not apply to specific points, but it will be application along complete sections and of significant length.
4. when necessary, the execution of works within the zone established by the limit of building line at a point or specific area, administrators generals of infrastructure, following a report of the State Agency of railway safety in the scope of their powers, may establish the boundary line of building at a distance less than those indicated in paragraph 2 on request of the person concerned and the corresponding administrative proceedings proceedings, provided it does not contravene the urban planning and does not cause harm to the safety, regularity, conservation and free movement of the railway, as well as when it is not incompatible with the construction of new infrastructure corresponding to information studies which continue to effect pursuant to paragraph 8 of article 5 of this law.
Article 16. Other limitations to public domain and protection areas.
1 run, in the areas of public domain and protection of railway infrastructure, any works or installations fixed or temporary, change the fate of the same or the kind of activity that can be performed on them and planting or felling trees, will require the prior authorisation of the administrator of railway infrastructures. This paragraph is understood without prejudice to the competence of other public administrations.
Applicants for permission to carry out works, facilities or activities in the areas of public domain of the railway, will be obliged to provide the administrator of railway infrastructure guarantees that this requires in relation to the proper execution of approved activities, in accordance with which, in his case, is determined according to the rules.
Any works which are carried out in the area of public domain and in the area of protection and having intended safeguard landscapes or buildings or limit the noise that causes the transit by railway lines, will be paid for by the promoters of the same.
However, works or installations may be made only in the area of public domain, authorization of the railway infrastructure manager, when they are necessary for the provision of rail service as well as when required by the provision of a service of general interest. Exceptionally and for duly justified reasons, the crossing of the area of both aerial and underground, public domain works and installations of private interest may be authorized.
In the case of occupation of the area of railway public domain, which carried out it will be forced to cleaning and collection of the material located on the land occupied until the limit of the aforementioned area of public domain, prior request of the administrator of railway infrastructures of the line. If it is not comply the request within the given time, will act in a subsidiary manner the administrator of railway infrastructure of the line, by carrying out the necessary work of cleaning and collection of material, leaving the occupant of the land forced to refund the expenses that it has incurred by such action.
2. in the area of protection not may perform is works or is will allow more applications that those that are compatible with the safety of the traffic railway prior authorization, in any case, of the administrator of infrastructure railway. This may use or authorize the use of the area of protection by reasons of interest general, when it requires the best service of the line railway or by reasons of security of the traffic railway.
The occupation of the protection zone and the damages caused by its use, pursuant to provisions of the law of December 16, 1954, of compulsory expropriation shall be compensable.
The refusal of authorisation shall be based on forecasts of plans or projects of extension or variation of the railway line in the ten years after the agreement, in railway traffic safety reasons, on the fact that the work, installation or activity affects the safety of railway traffic, affect directly or indirectly to the stability of the platform or the explanation , cause damages to the integrity of any element of the infrastructure, makes it difficult for the normal maintenance or prevent the proper exploitation of the infrastructure.
3 agricultural crops in the area of protection, without the need for prior authorization, may be made provided that ensure the proper evacuation of irrigation water and they do not cause damages to the Flatwork, being prohibited the burning of stubble.
4. in buildings and existing installations may be made exclusively, works of repair and improvement, provided that they do not pose increasing volume of construction and the increase in value of those behave can be taken into account for expropriation purposes. In any case, such works will require the prior authorisation of the administrator of railway infrastructures, without prejudice of other permits or approvals that may be required depending on the rules applicable.
5. provided that to ensure the conservation and maintenance of the railway infrastructure, urban planning may qualify with different uses, overlapping surfaces, in the ground and subsoil or the flight, in order to constitute a real estate complex, as it allows the State legislation of soil.
Article 17. Expropriation of property in the area of protection up to the limit of building line.
In the area of protection up to the limit of building line, the railway infrastructure manager may ask the Ministry of development the expropriation of goods which will be regarded as public domain, meaning implied the Declaration of public utility, and the need for their occupation and the urgency of the same declaration, provided that justify their interest for the adequate provision of rail services and the safety of circulation.
Article 18. Works and illegal activities in areas of public domain or protection of the railway infrastructure.
1. the delegates of the Government in the autonomous communities, at the request of the Ministry of development, of the State Agency of railway safety and the railway infrastructure manager, shall require the suspension of the works or installations and applications banned, unauthorized suspension or which do not conform to the conditions laid down in the authorizations. Also, you may proceed to the seal of them works or facilities affected.
2 the Government will be interested in the administrator of railway infrastructures, which proceed to appropriate testing of the paralyzed works and uses suspended, and must adopt, within the period of two months since there is the instance and after hearing of those who may be directly affected, one of the following resolutions: to) the demolition of the works or installations and the prohibition of prohibited uses not authorized or that do not conform to the authorizations granted.
(b) initiating the appropriate case for the eventual regularization of the works or installations or authorization of the permitted uses.
3. the adoption of appropriate agreements will be subject to the sanctions and the responsibilities of all kinds resulting from.
Chapter IV administration of railway infrastructure article 19. Content and scope of the management of railway infrastructure.
1. the administration of them infrastructure railway integrated in the network railway of interest General has by object the maintenance and the exploitation of those, as well as also the management of its system of control, of circulation and of security. Not carrying out functions inherent to the management of the system of control, circulation and safety, it may entrust to third parties.
2. the management of the railway infrastructure is a service of general interest that are essential for the community that will be given in the manner provided in this Act.
3 shall be regarded as managers of railway infrastructure the public business entities referred to in article 22, which shall apply the rules contained in chapter V of title II of this law.
Public bodies administering ports of general interest connected to the railway network of General interest shall exercise functions of the administrator of railway infrastructures with regard to rail infrastructure for each port, which will apply the standards contained in Chapter VIII of title II.
4. without prejudice to the provisions of the preceding paragraph, the Minister of development can also assign to a public or private entity, under a contract, the functions of the administrator of railway infrastructure construction and management or only the administration of a specific railway infrastructure that part or go to be part of the railway network of General interest. The selection of the contractor will adjust to the provisions contained in general legislation on public sector contracts.
Where the construction of a railway infrastructure is entrusted to these entities, the oversight and approval of projects and the reception of the works correspond to the Ministry of public works.
Dentro_de competencies and infrastructure administrators functions listed in article 23, the contained in the paragraphs h) and k) not may entrust any companies or organizations which provide rail transport services.
Article 20. Minimum basic services for access to the railway infrastructure.
To guarantee the right of access to the infrastructure, railway infrastructure managers will provide all railway undertakings, non-discriminatory manner and on the terms laid down in this law and its rules of development, the following set of services: to) processing of applications for railway infrastructure capacity.
(b) making available of the given capacity.
(c) use of the railway infrastructure, including forks and detours in the network.
(d) control of train, including signalling, regulation, expedition, as well as communication and provision of information on rail traffic.
(e) utilization of facilities of power supply for traction current, where available.
(f) information on the services of movement of trains and any delays.
(g) any other information necessary to enter or operate the service for which capacity has been granted.
Article 21. Change of a railway infrastructure management.
Through an agreement of the Council of Ministers, adopted on a proposal from the Minister of public works, it may be decided that any element of the railway infrastructure already existing and integrated in the rail network of General interest, which is being administered by one of the administrators of infrastructure provided for in article 22, happens to be managed by another entity other than those referred to in article 19.
Change in the administering entity will imply ownership or legal amendments that are accurate, in accordance with the provisions of this law and its implementing rules, as well as in other standards that are applicable. This change will be materialized by agreement of the Council of Ministers, on the proposal of the Minister of public works.
Transmissions carried out in application of this article shall be in any case exempt from any State, regional or local tax included taxes transferred to the autonomous communities, while applicable to them as provided in article 9(2) of the consolidated text of the Act regulating local treasuries, approved by Royal Legislative Decree 2/2004, of 5 March.
Transmissions indicated, acts or operations shall likewise apply to exemption of tariffs or fees by the intervention of notaries public and registrars of property and business.
Chapter V regime legal of the Administrator General of infrastructure railway article 22. Administration general of the infrastructure of the network rail of interest General.
Railway infrastructures management and its construction shall correspond, within the State competence to one or more public business entities attached to the Ministry of development that will have its own legal personality, full capacity to act and its own patrimony and shall be governed by the provisions of this law, in law 6/1997, of 14 April, organization and functioning of the General Administration of the State and in their own statutes and other rules that may be applicable.
Them references that in this law is made to them administrators General of infrastructure railway is understood referred to them entities public business provided for in this article.
Article 23. Functions of the Administrator General of railway infrastructure.
1 the following functions correspond to overall railway infrastructure managers: to) the approval of the Basic projects and construction of railway infrastructure in its ownership required to form part of the railway network of General interest and its construction, provided that it carries out with its own resources and pursuant to as determined by the Ministry of public works.
(b) the construction with external resources of railway infrastructure, in accordance with the corresponding Convention.
(c) the management of rail infrastructure owned and which is entrusted by the appropriate agreement.
(d) the provision of the minimum basic services for access to railway infrastructure listed in article 20.
(e) the control, monitoring and inspection of railway infrastructure to administer, of its protection and the railway circulation occurring on it.
(f) exploitation of the assets owned, and those that are assigned to you and those whose management is entrusted.
(g) the development, approval and publication of the network statement.
(h) the allocation of infrastructure capacity to railway companies and remaining candidates listed in article 34 that request it and the conclusion of agreements framework with those.
(i) the provision of services complementary and ancillary to the service of transport railway.
(j) the approval and payment of the fees for the provision of railway transport services and auxiliary services.
(k) the definition, review and collection of fees for use of the railway infrastructure, in accordance with the legal and regulatory system.
(l) cooperation with agencies that manage rail infrastructure, to establish and allocating infrastructure capacity covering more than one national network in other Member States of the European Union.
(m) resolution of claims of liability that are formulated with respect to the performance of the same.
(n) any other assigned to it under this Act or in its development provisions.
2 administrators generals of railway infrastructure may not provide rail transport services, except those which are inherent to their own activity.
3. for the fulfilment of its functions, administrators generals of railway infrastructures may be all kinds of acts of administration and disposition under civil and commercial law.
4. in the exercise of their functions, administrators generals of railway infrastructure shall be management autonomy, within the limits established by its by-laws and taking into account, in any case, the guarantee of the public interest, the safety of users, the overall effectiveness of the railway system and the principles of transparency, non-discrimination, impartiality and independence of any railway operator.
Article 24. Management and construction of the railway infrastructure by the general managers of railway infrastructures.
1 corresponds to administrators generals of railway infrastructure administration of rail infrastructure which are holders or which are assigned to it under a Convention.
2 construction and management of the railway infrastructure by the general managers of railway infrastructure shall be carried out in accordance with the following rules: a) responsible for rail infrastructure manager may undertake construction and management, including maintenance, lines of ownership, in accordance with the provisions of paragraph 1, paragraphs a) and b) of the preceding article.
(b) the Administrator General of railway infrastructures adjust its activity to the standards established for public administrations in the legislation on contracts in the public sector, for preparation, procurement, compliance, effects and extinction of contracts for the construction or modification of rail infrastructure, with the exception of the works of electrification and signalling, maintenance of the railway infrastructure and the management of control systems circulation and traffic safety.
(c) the Administrator General of railway infrastructures hired pursuant to provisions in the law 31/2007, of October 30, on procedures for procurement in the sectors of water, energy, transport and postal services. In cases other than application of this law, railway infrastructure managers will accommodate his performance to internal instructions which, pursuant to the law on public sector contracts, must approve such entities for the award of contracts not subject to harmonised regulation.
(d) those contracts in which, in accordance with the previous paragraphs, including benefits whose procurement is subject to the legislation on public sector contracts, along with benefits whose recruitment is subject to law 31/2007, of October 30, or in conjunction with services whose recruitment is governed by internal instructions to approve the entity , the administrator of railway infrastructures will serve in any case, for the determination of the rules to be observed in preparation and adjudication, effects and extinction of these contracts, the nature of the provision that has more importance from the economic point of view.
3. when in these cases is to the implementation of several activities, matching shows, through the elaboration of the document of assessment referred to in article 134 of the consolidated text of the law on public sector contracts, the circumstances referred to in the aforementioned article 134, and that alternative recruitment formulas laid down in legislation resulting from application , according to them rules earlier, not allow the satisfaction of them purposes and objectives projected, the administrator of infrastructure railway may perform the construction or administration of infrastructure railway through the celebration of contracts of collaboration between the sector public and the sector private defined in the article 11 of the text consolidated of the law of contracts of the sector public. These contracts are governed, with planned specialties in this law, by rules that may apply as designated in paragraph first of this subparagraph (d)), except in the cases in which is included among the actions to carry out the execution of works of platform or track Assembly in which the railway infrastructure manager will adjust its activity to the standards established for public administrations in the legislation on contracts in the sector public, concerning contracts of collaboration between the public sector and the private sector, regardless of the percentage representing each of the benefits from the economic point of view with respect to the total budget of the contract.
In the contracts of collaboration between the public sector and the private sector the term for performance of the contract determined according to the depreciation of the investments or the funding formulas that provide for, unless obtained by application of the limitation provided for in article 314 of the revised text of the law on public sector contracts; However, the duration of these contracts in any case exceed forty years. Also, in all contracts of collaboration between the public sector and the private sector whose estimated value is equal to or more than twelve million euros, the approval of action shall require prior authorization from the Council of Ministers and review mandatory and binding of the Ministry of finance and public administration to rule on the budgetary implications and financial commitments involved , as well as on its impact on the fulfilment of the objective of budgetary stability.
4. the railway infrastructure manager may, likewise, make the construction or management of railway infrastructures through the conclusion of a contract of concession of public works, which will be governed by the provisions of the legislation on contracts in the public sector, with the specifications provided for in this law.
In its statement of administrative clauses governing the contract may provide that the concessionaire be paid for the execution of the work by the price that users pay for the use of infrastructures, by yields resulting from the operation of the shopping areas linked to them or complementary activities such as the use of catering establishments stations service, parking of vehicles or leisure or recreational establishments and, where appropriate, through the contributions that can perform own administrator of railway infrastructures.
Article 25. Economic contributions of the State. Conventions and programmes of activity.
1. in the frame of it established in the legislation community and national, them administrators General of infrastructure railway may receive contributions economic of the State that are chords to the exercise sustainable of them functions that have attributed, in particular with regard to the construction, maintenance, conservation, replacement or improves of them infrastructure, as well as also in relation to the magnitude of the infrastructure and to their needs financial , especially to do faced with new investments. These contributions shall take into consideration costs necessary to carry out the activity by a company efficient and well managed.
Without limiting the foregoing, the Government may agree to the investments required to undertake can be made by means other than direct State funding, through the public-private partnership established in the existing legal order.
2. the Ministry of promotion and the administrator of infrastructure railway, prior report of the Ministry of Hacienda and administrations public that will have character binding, will sign a Convention, by a period not lower to five years, that will include in its object them different infrastructure and facilities of service that manage and that is adjusted to them principles and parameters Basic that is indicate in the annex II. He Convention designated them objectives and purposes to reach and will propose the amount of the contributions to perform by the State, with arrangement to it planned in the paragraph previous. The set of measures included in the Convention must ensure the economic sustainability of rail infrastructure. The conditions of the agreement and the structure of the payments to be carried out under the same concept of funding to the infrastructure manager shall be fixed for the duration of the Convention from the time of your subscription.
Prior to its adoption, the Ministry of public works shall Convention to railway undertakings and other candidates, so that, during the period of one month, examine and, where appropriate, inform the Convention. The Convention will be published in the «Official Gazette» in the period of one month from your subscription.
The General intervention of the administration of the State shall issue a report of financial control over the degree of implementation of the economic forecasts of the Convention, in which its technical opinion on the payment of contributions is collected by the State. The Ministry of public works will be the technical control over the execution of the same.
3. Likewise, the necessary measures to ensure that, under normal business conditions and over a period not exceeding five years, railway infrastructure managers overall profit and loss accounting reflects at least a situation of balance between, on the one hand, the revenue from fees for the use of infrastructure shall be adopted by the Government the rates revenue by providing supporting and auxiliary services, surpluses from other commercial activities, non-repayable income of private origin and State funding including, where appropriate, advances paid by the State, and, on the other, of infrastructure costs.
In those segments where rail transport is competitive with other modes of transport, the Government will require infrastructure managers to balance his accounts without State funding.
4. within the framework of the general policy of the Government, and in accordance with the strategy of development, maintenance and renewal of railway infrastructure, the Administrator General of infrastructure must approve a program of activity including investment and financing plans.
The program will be oriented to ensure use, supply and optimal and efficient infrastructure development, ensuring at the same time the financial balance, and will provide the means to achieve such objectives. Rail infrastructure managers, shall send the draft programme to the Ministry of public works, State Agency of railway safety, railway companies and other candidates, National Commission of markets and competition, and other stakeholders, prior to its approval, in order to ensure that these actors have access to relevant information that could involve them and also have the opportunity to make claims about the content of the programme of activity to the conditions of access and use of the various services related railway infrastructure, and to nature, the supply and development of them, prior to its adoption, as well as projection cannons updates planned, in accordance with article 100.1.
The program will be updated annually and will contain all the actions related to the establishment of railway infrastructures of the railway network of General interest, or any modification thereof from the point of view of path functional conditions or operating, planned for the next five years.
5 administrators generals of railway infrastructure shall take the necessary measures to ensure the coherence between the Convention and the programme of activities respectively provided for in the preceding paragraphs proceeding, if necessary, to reschedule the planned investments to suit the capacity of existing funding.
6 administrators generals of railway infrastructure shall keep a record of all the assets that they manage, which is used to determine the funding needed for the repair or replacement thereof, and which will include detailed information on the renewal and modernisation of the infrastructure spending.
Also, the administrators of infrastructure railway subject to the approval of the Ministry of promotion, a method of allocation of costs to them different categories of services offered to them companies railway. This method will be updated periodically to include best international accounting practices.
This method of cost allocation and its updates shall be previously informed by the Ministry of finance and public administration, by the National Commission of markets and competition and the national land transport Council.
Article 26. Administrators generals of railway infrastructure resources.
The economic resources of the Administrator General of railway infrastructure can be any of those listed in paragraph 1 of article 65 of law 6/1997, of 14 April, organization and functioning of the General Administration of the State. The economic resources of the railway infrastructure manager include: 1 economic contributions from the State, which shall constitute own resources of the entity.
2. you get by the management and operation of their heritage or one whose management is entrusted and the provision of services to third parties.
3rd income, commercial or otherwise, obtained by the implementation of agreements or contracts entered into with the State.
4th the amount of rates that should receive for involvement, pursuant to this law.
5 Community funds can be assigned to it.
6 the amount of fees perceived by the use of railway infrastructure and the provision of basic minimum services and also the amount that perceived by the rates and prices by supporting and auxiliary services.
7th transfers current or capital, where appropriate, be included in the General State budget.
8 financial resources from operations of indebtedness, in accordance with the provisions of article 111 of law 47/2003, of 26 November, General budget.
10th you get by the implementation of the conventions which holds with the autonomous communities, local or private entities.
11. º any other financial income or not financial and others who get in accordance with provisions in the Act or in the regulations that develop it.
Article 27. Heritage of the Administrator General of railway infrastructure.
1. the administrators generals of railway infrastructures will have, for the fulfilment of its purposes, a heritage itself, distinct from the of the General Administration of the State, made up of the set of assets, rights and obligations of those who are holders.
They are owned by administrators generals of railway infrastructure railway infrastructures belonging to the railway network of General interest, according to the distribution carried out by order of the Minister of public works, as well as property and rights assigned to it by law or regulation, those who purchase or build their own resources.
Not will be of application it willing in the paragraph earlier in connection with the infrastructure railway located in the area of service of them ports of interest general.
2 administrators generals of railway infrastructure may exercise at any time, with respect to the public property of its ownership powers of administration, defense, police, research, settling and possessory recovery that grants to the General Administration of the State legislation on the heritage of the public administrations.
Equally, it will be them establish the use of the public property of its ownership regime and granting authorisations and other titles that enable their use by third parties.
3 are in the public domain all the railway lines, the lands they occupied and facilities that are located entirely in the area of public domain.
Administrators generals of railway infrastructure can disaffect the public property of its ownership that are unnecessary for the provision of services of general interest that are essential to the community.
This reversal will take effect by the competent bodies of the general managers of railway infrastructure in accordance with its statutes, after the corresponding statement of fact, mandatory prior report of the Ministry of public works, and determine the incorporation of goods deallocated to their own heritage.
Them goods disaffected may be object of alienation or swap whenever is have fulfilled them requirements established in the legislation of expropriation forced for the reversal.
Article 28. Legal regime the workforce and budget, economic and financial regimes, accounting, intervention and financial control.
1. the legal regime of the workforce of General railway infrastructure managers and their recruitment shall comply with labour law, as provided for in article 55.1 and 2 of law 6/1997 of 14 April.
2. the budgetary regime, the economic-financial, accounting, of intervention and financial control of the Administrator General of railway infrastructure will be determined in its statutes, as stipulated in the Law 47/2003, of 26 November, General budget.
Article 29. Tax regime.
The Administrator General of infrastructure shall be subject to the tax regime of the public business entities, with the particular conditions foreseen by this law.
Article 30. Control of the actions of the administrators generals of railway infrastructure.
1 control technical and effective management that have to carry out Administrator Generals of railway infrastructure will be held by the Ministry of public works, basically, through the following procedures: to) through its intervention in the procedure of approval of the operating and capital budgets and the pluriannual action, investments and financing of the railway infrastructure manager program.
(b) by means of audits or controls financial and management that are necessary and which carry out the Ministry itself or the entity designated by him and without prejudice to the functions of the General intervention of the administration of the State.
(c) on the communication by the directors of the railway infrastructure of the data and agreements relating to the issues that determine and may, in any case, require the documentation that it considers necessary, and perform, directly, the examination of accounting or other aspects of management, when it deems appropriate.
(d) through them performances inspectors on the provision of them services and the administration of them infrastructure, as well as which correspond to the Agency State of security railway, in them terms planned in them standards regulatory of it security in the circulation of it network railway of interest General.
e) monitoring activity programs approved by infrastructure managers to adapt to the general policy determined by the Government, the strategy of the development, maintenance and renewal of railway infrastructure, in particular in regard to the prioritization of actions to be performed on the network, and to the agreements which have been agreed pursuant to the provisions of article 25.2.
2. the control budgetary and financial of them administrators General of infrastructure railway is held of conformity with it established in the Law 47 / 2003, of 26 of November, for the entities public business.
Article 31. Status of the Administrator General of railway infrastructure.
The Council of Ministers, on the initiative of the Minister for development, and on the proposal of the Minister of finance and public administration, approved by Royal Decree the statutes of generals rail infrastructure managers, in which, in addition to the matters referred to in article 62 of law 6/1997, of 14 April, will be regulated the basic organizational structure, the higher organs of direction and functions thereof.
Chapter VI Declaration on article 32 network. Content, development, features, and publication of the network statement.
1. the network statement will be exhibiting the characteristics of the infrastructure made available to railway undertakings and report on capacity and technical conditions of each segment of the network and the conditions of access to it. Its content shall be subject to in annex III.
2. them administrators of infrastructure railway, prior consultation to the Ministry of promotion, agency State of security railway, companies railway and rest of candidates, Commission national of them markets and the competition, and others interested, will elaborate, approved and published the Declaration on the network corresponding to its field of performance, as well as their updates. The Declaration on the network is published in language Castilian and, at least, in another language official of the Union European. The content of the Declaration on the network may be obtained free of charge in electronic format on the web site of the respective infrastructure manager and will have access to it, in his case, through a common web portal of the different managers.
3. the network statement shall be published as at least four months before that ends the term of application for infrastructure capacity.
Chapter VII capacity-allocation of infrastructure article 33. Capacity-allocation concept.
The allocation of infrastructure capacity is the allocation by the administrator of railway infrastructures of those slots, defined in the network statement, the corresponding candidates in order that a train or railway vehicle can circulate, between two points, for a period of time.
Article 34. Candidates.
1 may request the allocation of infrastructure capacity, railway companies and international business groupings that constitute these companies.
2. Likewise, they may apply for capacity of infrastructure, in the form and with the requirements established by law, public administrations with competences in the field of rail transport have interest of public service in the acquisition of capacity, and the consignees, boots and those companies hauliers and transport operators which, without consideration of railway companies, with commercial interest in the acquisition of capacity. In such cases, the use of infrastructure capacity will require that the candidates appoint a railway company and communicate said circumstance to the infrastructure manager.
3. all companies showing their interest in obtaining a license of railway undertaking may be made a query to the administrator about the capacity available in each moment.
Article 35. Requirements to the candidates.
The managers of rail infrastructure, as to what regulations are available and in order to protect their legitimate expectations in terms of income and future use infrastructure which managed, they may impose requirements to candidates, provided they are appropriate, transparent and non-discriminatory.
Such requirements shall be specified in the network statement and refer exclusively to the suitability to submit compliant tenders to obtain infrastructure capacity and to the contribution of economic security, which shall not exceed a maximum proper, proportional to the level of activity anticipated by the candidate.
The regulatory procedure for the application of these requirements will be adapted to the criteria established by the European Commission in application of the provisions in article 41.3 of the directive 2012/34/EU of the European Parliament and of the Council, of 21 November 2012, on the establishment of a single European railway area.
Article 36. Procedure for the award.
Regulations shall be regulated the calendar and capacity-allocation procedure candidates, specifying the rights and obligations of these and the administrator of railway infrastructures as regards the allocation of capacity. Capacity-allocation procedure must be adjusted at the beginning of transparency, objectivity and non-discrimination.
Such regulation will address the coordination of requests for capacity and measures to be adopted by the administrators in the event of congestion of the infrastructure, as well as cooperation between administrators of infrastructure for the efficient allocation of railway grooves in transportation services covering sections of lines managed by different administrators of infrastructures.
Article 37. Measures special in case of disturbances of the traffic railway.
1. in case of accident, of failed technical or of any another incidence that disturb significantly the traffic railway, the administrator of infrastructure railway will adopt all the measures necessary for reset it situation of normality to it greater as soon as possible. To this end, it shall draw up a contingency plan, without prejudice to the provisions of the law 2/1985, of 21 January, on Civil protection, and of the powers of the autonomous communities on the.
2. when, for exceptional reasons, the infrastructure has been temporarily unusable, the railway infrastructure manager may suspend, without notice, the provision of rail services on these infrastructures for the realization, urgent, timely repairs. The railway undertakings concerned will not have right to demand compensation or compensation.
3. in the cases referred to in this article, the railway companies will be forced to put at the disposal of the railway infrastructure manager resources deemed this appropriate in each case and provide the collaboration requested them.
Article 38. Rights of use of capacity.
1. the right of use of infrastructure capacity will be awarded by the railway infrastructure manager and, once attributed to a candidate, may not assign it to another company. Not be considered transfer capacity utilization by a railway company operating on behalf of a candidate awarded capacity that is not a railway undertaking. In this case, the capacity utilization will be held for the fulfilment of the purposes of the activity of the successful tenderer, that will be one of those referred to in article 34.2.
2. all legal business on awarded infrastructure capacity shall be prohibited.
Not be considered transmission capacity utilization by a railway company operating on behalf of a candidate.
3. the infrastructure managers and candidates may conclude framework agreements for the reserve's capacity in which specified are the characteristics of the infrastructure capacity requested and offered the candidate by more than a term of service hours.
4 framework agreements not determined the rail grooves in detail, not preclude the use of the relevant infrastructure by other candidates or for other services and may modified or limited to allow better use of the railway infrastructure.
5. the agreements frame will have an effective maximum of five years, renewable for periods equal.
It may agree, however, to a period exceeding five years when it is justified by the existence of commercial contracts, specialised investments or risks. For services using specialised infrastructure requiring large-scale and long-term investment, duly justified by the candidate, may arranged agreements framework by a term of up to 15 years.
Be a period exceeding fifteen years in exceptional cases and, in particular, in the event of large-scale and long-term investment, especially when these are contractual commitments including a multi-annual amortisation plan. In this case, the needs of the candidate can request that they are defined with precision the characteristics of the capacity, including the frequency, volume and quality of train paths, which will be awarded to the candidate during the term of the agreement framework. In the case of congested infrastructure, the railway infrastructure manager may reduce reserved capacity when, over a period of at least one month, this has been used below the quota assigned to the candidate.
6. the administrator of railway infrastructure framework agreements are available from the National Commission of markets and competition and respecting the confidentiality of the data with commercial relevance, inform stakeholders, when so required by these general lines of each agreement framework.
Chapter VIII infrastructure railway in the ports and airports of interest general article 39. Applicable regime.
1. the railway infrastructure owned by a port authority that at each time exist in the areas of service of general interest ports and are connected to the railway network of General interest, will be part of this and will be incorporated into the infrastructure of the railway network of General interest catalog that referred to in article 4.4 of this law.
2 the port authority will exercise with respect to railway infrastructures referred to in the preceding paragraph in the ports of general interest, and in the terms provided in the seventh additional provision, the powers attributed to the administrator of railway infrastructures in paragraphs to), b), c), d), e), f), i), j), m) and n) of paragraph 1 of article 23.
3. the connection of the railway infrastructures referred to in the preceding paragraph with the rest of the railway network of General interest shall be collected in the network statement and shall be governed by an agreement. This Convention held jointly by the port authority, the corresponding general railway infrastructure manager and Puertos del Estado for each port's general interest, prior authorization from the Ministry of public works, and in it will be established the obligations and rights of each of the parties, in accordance with the following principles: to) the general manager of infrastructure and the port authority will establish , in accordance with the guidelines established by the Ministry of public works, the rules for the physical and functional connection of rail infrastructure managed by each entity. The lines of connection of the port with the rest of the railway network of General interest will be defined for that purpose in the Convention.
(b) the port authorities shall adopt, with respect to the ports of general interest and prior favourable report from Puertos del Estado, rules for design and operation of the existing rail network in each port, as soon as you do not disturb the proper functioning of the rest of the railway network of General interest.
The Convention will include any operational aspects of the network and the rules that be respected administrator of railway infrastructures for the allocation of capacity of railway existing infrastructures in the field of ports of general interest.
4. to them infrastructure railway existing in them ports that not belong to the network railway of interest General, but that are connected or is intend to connect with the network managed by the administrator general of infrastructure railway, is apply the rules agreed by this and it authority port, that is may incorporate to the Convention planned in the paragraph 3.
The connection of the railway infrastructure referred to in paragraph 1 to other networks that are not part of the railway network of General interest shall be governed by an agreement between the holders of both networks, prior favourable report from Puertos del Estado.
5. the railway infrastructure which, in every moment, exist in the areas of service of general interest airports and are connected with the rest of the railway network of General interest are part of this and shall be governed by the General rules contained in this law, without prejudice to the appropriate agreement that, to coordinate their respective competencies, to be held between the public agency that manages the airports and the railway infrastructure manager.
6. when a port or airport of general interest is located in the territory of an autonomous community that has owned railway network, agreements between holders of the various infrastructures may be held to facilitate the interconnection and compatibility between the different networks.
Chapter IX article 40 privately owned railway infrastructure. Regime applicable to privately owned railway lines.
1 are owned infrastructure private belonging to private individuals, individually or collectively.
2. for the establishment or operation of a railway infrastructure of private ownership, which runs through the territory of more than one autonomous community, it will be necessary to previously, obtain the corresponding administrative authorization that enable this. Prior to the granting of authorization by the Ministry of development, the applicant must submit a project of establishment or exploitation of the line which will include, as a minimum, an explanatory memorandum of the aims pursued by the establishment or operation of the projected infrastructure, with their general and partial, drawings as well as corresponding budgets, the activities that will be provided on that the description of the works and technical circumstances of preparation thereof, that will adjust to rules which, in terms of safety and interoperability, are established by regulation by the Ministry of public works. The establishment or operation of the line project will undergo, by the Ministry of development, report of the competent bodies of the autonomous communities whose territory should develop infrastructure, prior to their authorization. This report must be issued within the period of one month from the request, understanding that it is favorable if it is not forwarded within the period referred.
3. on referred privately owned railway infrastructure, is may carry out railway transport, exclusively, on their own, as a complement to other major activities carried out by its owner.
4 when the establishment of a privately owned railway line, in accordance with the expropriation legislation, of public utility or social interest, the Ministry of public works may enable its holder to occupy land in the public domain that are necessary and, where appropriate, to acquire private property through forced expropriation procedure in which one will have the status of beneficiary.
Article 41. Elements that complement the railway network of General interest.
The connection of them infrastructure railway not belonging to the network railway of interest General, especially of them landings, with the network railway of interest General only can make is when the administrator of infrastructure railway expressly it authorizes. He holder of it infrastructure railway not belonging to the network railway of interest General facilitate the connection in them terms that is determined in the authorization. Conditions in which the connection of the railway infrastructure with the railway network of General interest and the regime's construction and operation of the privately owned items that complement the railway infrastructure owned by the administrators of railway infrastructures referred to in article 22 shall be are determined by regulation.
Title III service and facilities providing services to railway undertakings article 42. Service facilities.
1 are service facilities, for the purposes of this Act, the following: a) passenger transport stations, as well as its buildings and related facilities, including the panels of information about itineraries and travel sites for the sale of tickets.
(b) technical and logistical facilities of goods.
(c) classification stations and train formation facilities, including facilities for maneuvers.
(d) paragraph pathways.
(e) the facilities of maintenance of them vehicles railway, except for the facilities of maintenance heavy dedicated to trains of high speed or to others types of material rolling that require facilities specific.
(f) other technical facilities, such as laundry and cleaning facilities.
(g) port facilities linked to rail activities.
(h) protection installations.
(i) installations for the supply of fuel.
j) heat exchangers of width and axis.
2. the provisions of this title shall apply to installations referred in the previous section that offer services related to rail transport in the rail network of General interest to more than one final customer, regardless of who is the owner of the installation or the operator's services provided to the companies.
In relation to heavy maintenance of railway vehicles installations devoted to high-speed trains or other types of rolling stock that require specific installations, shall be considered service facilities only in relation to as indicated in paragraphs 4 and 6 of this article.
3 If the operator of any service installations as listed in the letters to), b), c), d), g) e i) (1) is under the direct or indirect control of a body or a company to pay rail transportation services for which installation use and have in them a dominant position, shall be differentiated legal personality in order to ensure transparency and non-discrimination in the access to such facilities and the provision of services.
For all service facilities referred to in paragraph 1, the Manager of the facility and the agency or company that provides rail transport services shall maintain separate accounts, including balance sheets and income statements separated, without prejudice to the general obligation to draw up annual accounts.
4. the network statement shall include at least information on the conditions of access to service facilities related to the respective infrastructure manager network and the provision of services in these facilities, or indicate a web site that such information may obtain free of charge in electronic format.
5 when a service facility has not been used for two or more consecutive years and railway companies expressing interest in access it based on demonstrated needs, the holder shall publicly offer the possibility of exploitation of the installation is assumed by a third party unless you prove that a process of restructuring in the process prevents the use of the installation by the railway undertakings concerned.
6. the service facilities are declared of public utility for the purposes of the compulsory expropriation of assets and rights required for their establishment or enlargement.
For the recognition of the utility public of an installation will be necessary that it company interested, that will have the consideration of beneficiary of conformity with it established in the legislation of expropriation forced, it request to the Ministry of promotion, providing the project of execution of the installation and a relationship concrete e individualized of them goods or rights that the applicant consider of necessary expropriation.
The request is submitted to information public and is collected report of them agencies affected. The expropriation procedure will take place in accordance with the provisions of the legislation of compulsory purchase.
In addition, owners facilities shall have the right to use the land in the public domain that necessary prior authorization from the Ministry of public works.
Article 43. Access to the facilities of service.
1 railway infrastructure managers and the remaining operators of the service facilities will provide, in non-discriminatory way, all the railway companies and to the other candidates access, including access by railroad, these facilities and the services provided therein.
2. Requests for railway undertakings and the other candidates to access to service facilities and the services provided therein shall be answered by operators in a reasonable period not exceeding the maximum established the National Commission of markets and competition. Only can requests be denied if there are viable alternatives that will enable the railway companies exploit services for carriage of passengers or goods in the same itineraries or alternative itineraries in economically acceptable conditions. However, this does not imply the obligation for installation of service responsible for making investments in resources or teams that were precise to meet all requests submitted.
If the operator's service is in the situation described in article 42.3, you must always motivate the refusal of access to a company in writing and indicate, in each case, the viable alternatives at other facilities.
3 when the operator of an installation of service simultaneously receive requests for different railway companies try to attend all of them with the greatest possible efficiency.
In any case, rejected requests may be subject of complaint before the National Commission of markets and competition.
Article 44. Supporting and auxiliary services.
1. the services complementary and auxiliary is will lend to them companies railway and to others candidates as is indicated then.
2. If the installation of Service Manager provides complementary services as any of the services referred to in point 18 of annex I, must be provided in a non-discriminatory manner any railway company requesting them.
3. railway undertakings may request, as ancillary services, any of which are listed in point 19 of annex I. The operator of service will have no obligation to provide such services, but if it offers its realization to any railway company, pay them in a non-discriminatory manner to any railway company seeking them.
4. the National Commission of competition and markets will know and will resolve claims to formulate the railway companies and the remaining candidates in relation to the provision of complementary services, as well as ancillary services when it is understood that the principle is violated that of non-discrimination.
Article 45. Provision of services in facilities owned by administrators generals of railway infrastructure provided for in article 22.
1. the provision of services and auxiliary in such facilities shall be carried out under private law and may be carried out directly by the administrator of railway infrastructures through its own resources or management regime indirectly through entities selected according to law 31/2007, of October 30, or by other operators, public or private your risk and ventura.
2. railway undertakings may provide for themselves or in collaboration with other railway companies regime, well directly or through contracts with third parties, auxiliary services in the service of the railway infrastructure manager facilities.
The use of the service facilities will involve the relevant request of capacity by the railway undertaking the administrator of railway infrastructures, to this allocated according to transparent and non-discriminatory criteria. For each installation of service requested and prior to the beginning of the realization of the service, the railway undertaking must give the conditions of use of installation, conformity in order to preserve the orderly, efficient and safe facilities exploitation. For this purpose, infrastructure manager will make public the capacity allocation criteria and the conditions of use of the facilities in the network statement.
Where railway undertakings providing ancillary services by themselves, only have to be paid the Canyon by use of installation of service required.
However, if for the provision of rail transport services the railway undertaking requires, in addition to the use of the installation service, other spaces, equipment, or means that the infrastructure manager can provide, these shall be governed by the corresponding rental contract at reasonable cost and with a duration equivalent to the period of self-provision.
When a railway undertaking exclusively of such assets or spaces needed for the provision of services, it will be considered operator of installation of services and it must provide ancillary services to other railway undertakings in a non-discriminatory manner and at a reasonable cost, in accordance with the provisions of this title.
3. the realization of complementary and support services, either by direct management or indirect management contracts with third parties, will require compliance with the requirements in the field of railway safety and, in particular, the provision of the relevant qualifying titles of railway staff. To do this, railway undertakings and infrastructure managers must have proper procedures in their safety management systems to ensure compliance with the above requirements for the provision of services, on the other hand, both by third parties.
4 regulations it may regulate the regime for the provision of services in the service facilities managed by the Administrator General of railway infrastructure provided for in article 22, in accordance with the principles of non-discrimination and proportionality.
Article 46. Holdings of other service facilities.
1. the operation of the service facilities located in the ports of interest general and supporting and auxiliary services therein shall comply with provisions of port legislation. For this purpose the basic services of access to the infrastructure and supporting and auxiliary services will be considered general service and services or commercial activities, respectively.
In any case, the operation of these facilities and the provision of such services shall be subject to the rules of transparency and non-discrimination established in the preceding articles.
2. the services referred to in article 20 may provide, in the field of ports of general interest, by general managers of railway infrastructure or other public or private entities, prior arrangement between an entity and the corresponding port authority.
3. the economic conditions of the exploitation of the service facilities in lines that form part of the railway network of General interest and are administered by a private entity under cover as provided in article 19.4 should pick up in the contract which formalize the task of administration.
It access to the facilities and the provision of services in them will be subject, in all case, to the rules of transparency and not discrimination regulated in this law.
Title IV Chapter I General provisions article 47 rail transport. Rail transport.
1 it means rail transport, for the purposes of this Act, carried out by railway undertakings using appropriate vehicles travelling on the railway network of General interest.
2. rail transport is a service of general interest that are essential for the community and can be travelers and goods. This service will be provided in regime of free competition, pursuant to the provisions of this law.
3. for the purposes of the provisions of this law, means carriage of passengers, of people and transport of goods of any kind of goods.
Chapter II business railway article 48. Railway companies.
Railway companies are entities, a railway company licence holders, whose main activity is to provide services of transportation of passengers or goods by rail, in the terms established in this law. The companies railway should, in all case, provide the traction. They are considered, likewise, railway undertakings which provide traction only.
Article 49. Railway company licence.
1. the provision of the service of rail transport of passengers and goods cannot be performed without previously, obtain the corresponding railway company licence. The entity requesting the license shall, in any case, to make the statement of activity, which will have to understand the types of services that intend to provide. All licence application shall be accompanied by the documentation specified in an order of the Minister of public works.
Don't they require licensed railway undertaking, however, entities dedicated to the maintenance and repair of rail infrastructure and railway rolling stock provided that is simply to transport material, equipment or elements necessary for the development of its activity, including testing on such material via. However, if they are subject to enforcement of all regulations in terms of safety and circulation.
2 corresponds to the State railway safety agency competition for the licensing of railway company. The corresponding resolution, which will put an end to the administrative procedure, must occur within three months of submission of application or the time to complete the required documentation and will be motivated when it is rejecting the request formulated.
Within this period without that has relapsed express resolution, means rejected the request.
3. the railway company licence will be unique for the entire railway network of General interest.
4. the licenses of company railway granted by them others States of the Union European will produce all their effects in Spain, without prejudice of its required registration in the record special railway.
5. them companies railway not may perform activities that not are expressly covered by the license, without prejudice of that request, in your case, its enlargement or the modification of its content.
6. the railway company license is transferable.
7. the railway companies will have access to the railway infrastructure in the terms and conditions established in the law.
Article 50. Requirements for the obtaining of the licence.
1 licenses will obtain prior accreditation by the applicant's compliance with the following requirements: to) take the form of joint-stock company, in accordance with Spanish legislation. Society must have been constituted for an indefinite time, and their actions must be nominative character. Where society is or going to be controlled, directly or indirectly, by one or more persons domiciled in a non-Member State of the European Union, you can deny the license or limit its effects when Spanish or Community railway undertakings do not benefit, in the State concerned, of the right to effective access to the provision of rail service.
(b) have financial capacity to meet its present and future obligations.
(c) ensure the professional competence of its managers.
(d) have covered the civil responsibilities that may be required.
2. institutions intending to provide rail transport services shall be main aimed at the realization of such activity.
((3. not may get a license them following entities: to) those whose administrators or members of their personal management suffer or have suffered, in Spain or out of she, penalty custodial of freedom until take five years from its full compliance, them declared in situation bankruptcy or them disabled or suspended for exercise charges of administration in societies or them sanctioned or condemned by resolution or sentence firm by them infringements to is refer them paragraphs b) ((, c) and e) following, as long as such declaration, debarment or suspension was valid.
b) the sanctioned for serious criminal offences, in the period of five years from the firmness of the sanction.
(c) those who are falling in a bankruptcy proceeding.
(d) the sanctioned or condemned, using firm, for very serious offences committed in the context of the specific legislation of transport or by very serious violations of the obligations arising from rules social or labour, legislation on health and safety at work, notably within five years from the firmness of the sanction resolution decision or judgment.
(e)) which, providing cross-border goods transport subject to customs procedures, have been penalized for violating the rules governing the customs procedure, in the period of five years from the firmness of the sanction resolution.
Article 51. Financial capacity of the applicants.
1 financial capacity requirement, shall be fulfilled when the applicant company prove that it can cope with its actual and potential obligations for a period of twelve months from the application for the licence.
2 evaluate the financial capacity according to the audited annual accounts of the company. For this evaluation will be the following determinants: a) the financial resources available, including deposits in banks, advances in current accounts and loans.
(b) funds and elements of the asset that can be provided under warranty.
(c) the working capital.
(d) the investment made, including those carried out for the acquisition of vehicles, land, buildings, installations and rolling stock.
(e) charges on the assets of the undertaking.
(f) taxes and Social security contributions.
3. with regard to them societies of new creation, its capacity financial is will evaluate depending on his figure of capital social and of them guarantees that provide their shareholders or the own society to ensure the compliance of them obligations of those.
4. is estimated, in all case, that the entity applicant not has of it enough capacity financial when not is find to the current in the compliance of their obligations tax, in them terms established in the law 58 / 2003, of 17 of December, General tax and in them standards dictated for his development, or of their obligations with the Security Social.
Article 52. Competition professional of the applicant for the license.
The requirement of professional competence will be fulfilled when the requesting entity has or undertakes to provide, at the time of the beginning of its activities, of governing bodies with the knowledge and experience necessary for exercising supervision and operational control safe and reliable type of activities for which enables the license.
Article 53. Coverage of liability civil.
1. the applicant of a license must have or commit is to have enough guaranteed, in the time of home of them activities so you faculte it license and during its development, the responsibility civil in which can incur, in particular, the derived of them damage caused to them travelers, to the load, to the luggage, to the mail and to third. Also, that warranty will cover the responsibility derived from damage to the infrastructure railway.
2. regulations is established the amount and the conditions of coverage of liability civil, depending on the nature of them services that is go to lend.
Article 54. Conservation of efficiency of the license.
The license will retain its effectiveness as long as the railway undertaking meets the requirements for granting. It corresponds to the State railway safety agency verify the compliance by the company of the listed requirements. Such verification will take place: to) at least every five years from the granting of the license or the completion of the previous verification procedure.
(b) when the Agency has evidence of possible non-compliance by a railway company of the requirements.
(c) when the railway company suffer a modification of its legal regime, in particular, in the case of transformation, merger or acquisition of a significant part of the certificates representing their capital or segregation of a branch of activity.
These circumstances shall be notified by the company of the railway to the State railway safety agency, within the period of one month since they occur. The aforementioned communication obligation is imposed, expressly, to holders of licences or other qualifying titles.
Article 55. Suspension of the licence.
1 the State Agency for railway safety may check at any time if a licence holder Railway Enterprise continues to comply with the requirements for authorization and hover, as a whole or in part the effects of the license granted to a railway company. When the suspension is partial, you will have the scope that is expressly determined. The resolution that adopts it will put an end to the administrative procedure.
2 the suspension of the license may agree when any of the following cases: to) opening of a disciplinary record for very serious infringement. The suspension agreement will occur following the procedure laid down for the adoption of interim measures.
(b) as a penalty, in accordance with Title VII.
(c) when had the railway company interrupted its operations during a period exceeding six months, unless the reversal agreed, in accordance with the provisions of the following article, license.
3 suspension will only be granted when, realizing one of the aforementioned causes, as are suitable to guarantee the safety and the effective provision of the service of rail transport. The suspension may agree for a maximum period of 24 months.
4. regulations will develop the regime applicable to the suspension of licenses.
Article 56. Revocation of the license.
(((1. are causes of revocation of the license granted to a company railway them following: to) the breach subsequently by it company railway of them requirements required in the article 50.1 for its granting, as well as the find is involved in any of the causes listed in the article 50.3, headings d) and e). However, when the license is revoked by breach of the requirement of capacity financial, the Agency State of security railway may, by reasons of interest general, grant to the company railway a license temporary, whenever not is compromise the security of the service of transport railway. The temporary license is valid for a maximum period of six months.
(b) the Declaration on State bankruptcy, unless the railway safety agency finds that company may have a financial viability within a reasonable time. The opening of the phase of liquidation will give place to the revocation whenever the Agency State of security railway reaches to the conviction of that not exist perspectives realistic of sanitation financial.
(c) the obtaining of the license by virtue of statements false or by another medium irregular.
(d) the occurrence of any of the causes of forced dissolution of the railway undertaking provided for in article 363 of the revised text of the companies act of Capital, approved by Royal Legislative Decree 1/2010 of 2 July.
(e) the imposition of two penalties for very serious offences in the period of twelve months, in the terms provided for in article 109.4.
2 where a railway company discontinue its operations for six months or has not started them within the period of six months of obtaining the license, the State railway safety agency will decide, in view of the circumstances which in each case and by a reasoned decision, if necessary revoke or suspend the license.
3. the revocation of the license will be granted by the State railway safety. The resolution will put an end to the administrative procedure and will be immediately Executive. In matters not provided for in this law, the revocation of the license shall be subject to the procedure laid down in Title VI of the law 30/1992, of 26 November.
4. by regulation the procedure for revocation of the licenses will be developed.
Article 57. Communications to other Member States of the European Union.
1. when the Agency State of safety railway have signs of the possible breach of them requirements required by a company railway to which has awarded the license an authority of another State Member, will inform of this, without delay, to such authority.
2. in the event that the Agency is aware that a railway undertaking from another Member State of the European Union which operate in Spain has been suspended or revoked license, agreed immediately, appropriate measures so that you do not provide services covered by such enabling title.
3. whenever the State railway safety agency has granted, modified, suspended or revoked a license, it shall immediately to the European Railway Agency.
Article 58. Obligations of railway undertakings.
1. railway undertakings will take and publish separate profit and loss accounts and the balance sheet relating to the services of carriage of goods by rail on the one hand, and, on the other hand, passenger transport services. Public funds that should be paid in respect of activities relating to the provision of transport services in public service regime must be shown separately in the accounts and will not be transferred to activities relating to the provision of other transportation services or any other service, without prejudice to the general obligation to draw up annual accounts.
2. railway undertakings shall provide statistical and accounting information that is established by order of the Minister of development, which will also set the systems of control, inspection and audit, and the frequency with which such information must be supplied.
3. railway undertakings that relate to the carriage of passengers shall prove to the Ministry of development, at least for three months at the effective start of its activities, which are being applied general conditions for railway passenger transport that meet quality standards and rights users determined as provided in article 62.1 , as well as to the relevant Community regulations.
4 railway companies whose object is the railway passenger transport must also: to) establish a system of complaints that users, in terms that are developed according to the rules.
(b) to determine quality service standards and implement a management system, to ensure its maintenance. Such quality of service standards will include the aspects to be determined by regulation in relation a: information and tickets.
Punctuality of services, and general principles to cope with disruptions in the same.
Cancellations of services.
Cleaning of rolling stock, quality of the air and hygiene in vehicles, etc.
Studies on satisfaction of the users.
Processing of claims, refunds and compensation for non-compliance with service quality standards.
Provision of assistance to disabled persons and persons with reduced mobility.
(c) passenger transport companies provide these information in formats appropriate, accessible, and understandable and shall also ensure that provision of services in accordance with the rules that regulate the basic conditions of accessibility and non-discrimination for the access and use of rail transport.
Railway undertakings shall monitor their own performance in terms of quality of service. In addition, they publish every year, together with its annual report, a report on the results achieved in this field. The latter will be referred to the Ministry of development and will be published on the website of the company.
Chapter III administrative intervention in the provision of railway transport services and the exploitation of infrastructure article 59. Rail transport services subject to public service obligations.
1. the Council of Ministers, following a report of the Commission of the Government representative for Economic Affairs, may declare, ex officio or at the request of the autonomous communities or local interested corporations, that the provision of certain services of railway transport of State jurisdiction over the lines or sections that form part of the railway network of General interest is subject to public service obligations. The statement occurs when the supply of transport services for travellers who would perform the operators, if consider only their own commercial interests and does not receive any compensation, insufficient or not suitable to the conditions of frequency, quality or price required to ensure communication between different localities of the Spanish territory.
In his statement, the Council of Ministers shall be based on criteria of global efficiency and sustainability, as well as the existence of alternative modes of transport and the costs and benefits arising from its use over rail transport.
The services subject to public service obligations shall be performed in regime of exclusivity, unless the Council of Ministers agreement determine another way of provision.
The Declaration of public service obligations at the request of the autonomous communities and local corporations will be conditioned that they assume their financing.
2. for the provision of services railway subject to obligations of service public, them companies railway should have of an authorization that will be granted by the Ministry of promotion, prior report favorable of them ministries of economy and competitiveness and of Hacienda and administrations public and prior agreement of the Commission associate of the Government for Affairs economic, through a procedure of tender that is adjusted to them principles of advertising transparency and non-discrimination.
Authorization, however, may be direct, in so far as it does not contravene Community legislation, when the annual cost of providing the service does not exceed EUR 1 million.
In them alleged of award direct, the corresponding authorization must contemplate the need of that, through them mechanisms timely, the company provider of the service complies with them principles of efficiency and good management business.
The resolution that agreed the award direct of the authorization must accredit expressly them causes that it justified.
Authorisations will define the rights and obligations of the service provider companies, which include those aimed at ensuring the continuity of services, and shall determine, where appropriate, compensation entitled to receive for the use of the services under the conditions established by the obligations of public service, calculated pursuant to the provisions in Regulation (EC) 1370 / 2007 of the European Parliament and of the Council of 23 October 2007 on services public passenger transport by rail and road.
3. an order of the Minister of development, report of the National Commission of markets and competition, the Ministry of economy and competitiveness and the Ministry of finance and public administration and agreement of the delegate Commission of the Government for Economic Affairs, will develop the system of authorisations to provide rail transport services subject to public service obligations , the procedure for granting, the rights and obligations of railway undertakings during the period of validity of authorizations and the causes of modification and revocation thereof, taking into account the provisions in Regulation (EC) 1370 / 2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport by rail and road services.
4. the conditions of provision of services resulting from the tendering procedure only may be amended to the extent and with the scope that have been provided for in the authorization.
Without limiting the foregoing, the Ministry of development, after hearing of the company providing the service, it may modify the conditions to adapt to changes occurred in the circumstances taken into account at the time of the granting of the authorization relating to the increase or decrease in the demand for trafficking, in accordance with what is established by law. When modifications impact economically on the operation of the service should update the amount of the compensation.
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. In these agreements the following are may agree: to) the services, which, according to him, are subsidized.
(b) the characteristics of its provision.
(c) the administration or public administration that deliver the amount of subsidies.
6. the Ministry of public works shall notify the administrator of railway infrastructures authorisations granted pursuant to this article.
7. not a company infrastructure capacity will be awarded for railway transport services of passengers, whose route match total or partially with a service subject to public service obligations, when the Ministry of public works, ex officio or at the request of the administrator of railway infrastructure or the provider of the public service, solve, report of the National Commission of markets and competition , that the allocation of capacity compromise the economic equilibrium of the conditions laid down for the provision of the public service, their profitability or significantly impact on the compensation of its financing from public funds.
Before making its decision, the Ministry of public works will hear all the parties concerned.
In the case of business services corresponding to international traffic the previous function corresponds to the National Commission of markets and competition in accordance with Community legislation.
In any case, the Ministry of public works will give knowledge to the National Commission of markets and competition of any restrictions on the capacity-allocation adopted in accordance with the provisions of this section.
Article 60. Intervention of the administration.
1. the Government, with exceptional and transitional nature, may agree the assumption by the General Administration of the State of management of certain services of rail transport or exploitation certain rail infrastructure to ensure public security and national defense.
2. when the tender procedure for granting an authorisation for the provision of services subject to public service obligations may be declared void, the Ministry of development may impose the provision of such services, as a public service obligation, the railway company that has adequate and sufficient and explode other rail services in the same geographical area. The company will be awarded, where appropriate, in the form determined by order of the Minister of public works.
3. If a company railway fails to of provide services of transport of travelers subject to obligations of service public or services complementary or auxiliary to them themselves, or them prestare in conditions that not ensure the security of them people, the Ministry of promotion shall take all them measures necessary for ensure your correct provision.
Chapter IV article 61 railway special register. Applicable regime.
1 corresponds to the State Agency for railway safety maintenance and management of railway special registration.
2. the railway special row has public character and the regulation of its organization and operation will be done by Royal Decree. Registration will be registered, ex officio, data entities and natural and legal persons whose activity is linked to the railway sector and require for their exercise of the relevant licence, authorization, certificate or enabling either so expressly provided by any legal or regulatory obligation. In the registration to be included, also, the conditions imposed on such entities and persons for the exercise of its activity and its amendments, as well as possible sanctions against them, for the purposes of the application of the rules of aggravation of violations typified in this law.
Also rolling stock that circulates through the rail network of General interest and the entities responsible for their maintenance shall be entered in the register.
3. in the sections of the special register rail must be entered data required by Community rules relating to the railways which are of State competition.
Chapter V rights of users of services of rail transport article 62. Rights of users.
1. users shall be entitled to the use of rail transport services in the terms established in the regulations of the European Union and other implementing rules in the matter and, where appropriate, in the contracts concluded with the railway companies.
The callable price by railway companies to their customers in respect of compensation for the railway services will be subject to private law, without prejudice to that maximum prices required for rail transport services subject to public service obligations may be imposed.
2. by order of the Minister of promotion may establish is conditions General or contracts type for the different kinds of services of transport railway, both of travelers as of goods.
3. railway undertakings must be available to the users of the services, a complaints book, edited in accordance with the model to be determined by regulation.
4 users, without prejudice to urge the defense of its claims under the terms provided in the existing legislation, before the arbitration transportation boards and, in any case, before the ordinary courts are empowered to handle complaints related to the provision of the service to the railway undertaking carrying it out.
Article 63. Comprehensive assistance to those affected by railway accidents.
The victims of accidents occurring in the field of railway transport competition State and their family members are entitled to a comprehensive assistance that ensures adequate care and support, on terms to be determined by regulation.
In this regulatory development materialize the minimum obligations of companies and organizations involved in rail transport in the assistance to victims and their families, including those that have economic content.
In any case, railway companies that operate in the field of the transport of State competition, as well as of General interest rail network infrastructure administrators, must have a plan of assistance to the victims and their families in the event of train accident under the conditions determined by the aforementioned regulatory development. This care plan will be approved by the corresponding management centres of the Ministry of development in their respective areas of competence, mandatory prior report of the Ministry of the Interior.
Title V chapter I article 64 security regime railway safety. Railway safety.
1. the realization of railway activities in the rail network of General interest shall be subject to the security rules provided for in this law and its implementing rules.
(2. it security in the circulation railway includes the following aspects: to) the establishment of them objectives and the follow-up of them levels of security through indicators.
(b) the development of the regulatory framework in the field of security, including the security methods, and promoting and monitoring their implementation by the agents of the railway system.
(c) the requirements that have to follow the systems of safety management for obtaining the safety certificate authorization from safety of the railway infrastructure managers and railway undertakings.
(d) the conditions for the approval of the commissioning of the railway rolling stock, of which has been modified substantially, as well as the maintenance of both the new.
(e) the conditions and requirements for the authorisation and operation of structural subsystems constituting the rail system as well as the conditions for the proper functioning of the subsystems of a functional nature.
(f) the operating regime, from the point of view of safety, infrastructure of the railway network of General interest, including security installations and signalling and traffic, as well as their maintenance management systems.
(g) the conditions to be met by the managers of the railway infrastructure, railway companies and other agents of the sector in relation to their internal functioning security regimes.
(h) the requirements of personnel who perform functions related to railway safety, including the criteria for their empowerment.
(i) the rule of the accident investigation and railway incidents.
(j) any other related to the railway infrastructure, rolling stock, staff or railway operation not included in the preceding paragraphs and that could influence or affect the safety of railway traffic.
3. the General Administration of the State and its dependent public organizations shall ensure at all times, according to legislation and technical and scientific progress, security in rail transport, as well as by strict compliance with and application of the safety standards by the various agents of the railway system.
Priority will be given to actions aimed at the continuous improvement of the safety conditions of the rail system with the main objective of the prevention of railway accidents.
4. the responsibility for security in the traffic on the railway network of General interest corresponds to the railway infrastructure managers and railway undertakings that operate in it.
Them administrators of infrastructure railway and them companies railway apply them rules and standards of security and will have of ones systems of management of it security, appropriate to it willing in this law and their provisions of development, that will include them measures necessary for the evaluation and control of them risks of the circulation railway and its follow-up. Is responsible, also, of the security of it part of the system railway that les affects, included the supply of material and the hiring of services, respect to them users, customers, workers, interested and third.
Railway infrastructure managers and railway undertakings will be responsible, under the current legislation, of the training and qualification of employees and other persons performing for them a work with possible affecting security in the circulation.
5. without prejudice to the provisions of the preceding paragraph, the manufacturers of railway rolling stock, approved service centers, the entities responsible for the maintenance of rolling stock, the holders of railway vehicles, operators of railway-related services and procurement entities will be responsible for which supplies rolling stock, facilities, accessories, equipment and material to facilitate , as well as them services that provide, are compliant to them requirements and to the conditions of use planned, so the companies railway or them administrators of infrastructure railway can use them of way safe.
6. corresponds to the Ministry of promotion set them conditions technical on projection, construction, entry in service and administration of the infrastructure, and as well as, with regard to the material rolling that circulate on them.
Article 65. State Agency of railway safety.
1. the State Agency for railway safety, created in accordance with the provisions in the third additional provision of law 28/2006, of July 18, State agencies for the improvement of public services, is the authority responsible for railway safety for the railway network of General interest. As such, shall exercise the following functions on security: to) ensure general maintenance of traffic safety on the railway network of General interest through the supervision of compliance with the obligations of the different actors in this matter, as well as the exercise of the powers to impose penalties, where appropriate, in the field of railway safety.
(b) authorize the commissioning into service of the structural subsystems constituting the rail system and vehicles driven by it, as well as check that they keep your requirements.
(c) issue, renew, amend or revoke safety certificates and authorisations for safety of railway undertakings or infrastructure managers as well as supervise them later.
(d) propose, develop and develop the regulatory framework for safety and supervision of their enforcement by the agents of the railway system.
(e) grant, renew, suspend and revoke the licenses and titles of conduction of the personal railway.
(f) grant, suspend or revoke the registration of the training centres and of psycho-physical acknowledgement of railway staff.
(g) grant, suspend or revoke the registration of the centres for maintenance of rolling stock and the certification of the entities responsible for the maintenance of such material.
(h) organize and manage the railway special registration.
(i) other functions assigned to it by legal or regulatory standard.
The Agency may not transfer or entrust these functions to railway infrastructure managers, railway undertakings or to the remaining candidates or contractor.
2. the State Agency for railway safety shall be independent in its organisation, structure and decision-making from any railway undertaking, infrastructure, applicant, and contractor Manager, shall perform their duties in a transparent and non-discriminatory, will give hearing to the parties concerned and will motivate their decisions.
Respond promptly to requests and requests formulated him and once provided him the information collected, will adopt all its decisions within a period not exceeding four months.
3 State railway safety agency may request at any time the technical assistance of the administrators of railway infrastructure, railway undertakings as well as any other intervening in the rail system or other qualified bodies.
In the exercise of the functions of the paragraph 1.d), the State railway safety agency shall consult all participants and interested parties, including infrastructure managers, railway undertakings, manufacturers and maintenance companies, users and staff representatives.
4. the State railway safety agency may carry out all inspections and investigations that are necessary for the performance of their duties and will have access to all relevant documents and to premises, installations and equipment of the railway undertakings, infrastructure managers and other agents of the railway sector.
5. regulations shall be governed the functioning of services of inspection and supervision of the State railway safety agency, its powers, the powers of its staff and their procedures.
6. the State railway safety agency will cooperate actively with the European Railway Agency and the relevant authorities of the other Member States of the European Union.
Chapter II certification and authorization of security article 66. Security certificate.
1. before providing transport services on a particular line or stretch of the railway network of General interest, railway undertakings must obtain the safety certificate.
2. the safety certificate certifies that the railway undertaking has established its own safety management system and is able to meet the requirements on control systems, traffic and railway safety, knowledge and its staffing requirements related to the safety of railway and on technical characteristics of the rolling stock to be used and the conditions of maintenance , in order to control risks and operate safely on the network.
3. regulations shall be determined the content of the safety certificate and will be regulated the procedure for the granting, renewal, modification or revocation, as well as the requirements to be fulfilled by the aforementioned management system safety and what it should contain, all this in accordance with the Community rules in this area.
4. the railway undertakings are obliged to comply, at all times, the conditions laid down in their safety certificates. The non-observance by the railway undertakings of these conditions, will determine the revocation of such certificates, without prejudice to the application of the penalties provided for in this law.
Article 67. Authorization of security.
1. to exercise the functions of administration of the railway network of General interest rail infrastructure managers must have a security clearance.
2. the security clearance certifies that the railway infrastructure managers have established its own safety management system and are able to meet the specific requirements for the management of infrastructure in safety conditions, including those related to knowledge and requirements to personal security in circulation-related , as well as, in his case, those relating to the maintenance and exploitation of them systems of control of the traffic and of signalling.
3. regulations is will determine the content of the authorization of security and is will regulate the procedure for its granting, renewal, modification or revocation, as well as them requirements to comply by the referred system of management of it security and them elements that this should contain, all this according to it established in the normative community in such matter.
4. the railway infrastructure managers are obliged to comply, at all times, the conditions laid down in their security clearance. Breach of these conditions shall determine, where appropriate, the revocation of the same, without prejudice to the application of the penalties established in this law.
Chapter III security regime applicable to the different elements of the rail system article 68. Conditions and requirements of the subsystems of the rail system. Authorization, circulation and maintenance of railway vehicles.
1. by Royal Decree, on a proposal from the Minister of public works and railway safety agency initiative, will be regulated the conditions and requirements for the licensing and commissioning of all subsystems of a structural nature that make up 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 development, on the proposal of the State Agency of railway safety, shall be established the technical conditions on projection and construction of rail infrastructure.
3. the Minister of promotion, to proposed of the Agency State of security railway, will regulate them conditions and requirements for the authorization e registration in the record special railway of the material rolling that circulate by them sections and lines railway that form part of the network railway of interest General, as well as the regime of certification e registration in the record special railway of them entities responsible of its maintenance and of authorization and operation of them centers approved of maintenance of the vehicles.
Article 69. Arrangements for railway staff.
1 staff who provide their services in the railway field must have sufficient qualifications enabling the provision of rail service with appropriate safeguards for security and efficiency.
2. by order of the Minister of development, on the proposal of the State Agency of railway safety, and after hearing of the trade unions most representative of the sector, railway operators and infrastructure managers, will be regulated the conditions and requirements for obtaining the necessary enabling qualifications for the performance of the functions of the railway staff as well as the regime for the authorisation and operation of the approved centres of training and medical examination of the staff.
3 railway staff who perform activities with impact on safety in railway may not be performed when you are with alcohol rates higher than those according to the rules established, or presence in the body of drugs or substances that interfere with or diminish his physical powers.
Railway staff is obliged to submit to tests for the detection of alcohol or psychoactive in the body.
4. through Real Decree to proposal of the Minister of promotion e initiative of the Agency State of security railway, and prior audience of them unions more representative of the sector, of them administrators of infrastructure and of them operators of the sector railway, is be regulated them procedures for them controls of alcohol, drugs of abuse and substances psychoactive and medications in the personal railway both those made in initial or periodic psychophysical aptitude certificates, tests and those carried out during the exercise of their professional activity. Aspects about drugs that can disrupt or diminish the physical powers of staff driving or circulation will be also regulated.
5. in training programmes aimed at the obtaining and maintenance of qualifying titles of the staff concerned, content about the knowledge of these aspects will be included: alcohol, drugs and psychoactive substances and drugs. At the same time, railway authorities will encourage cited staff, the responsible use of medicines that could alter, disrupt, or modify their physical powers in the performance of their duties.
Article 70. Railway regulation.
1. the regulation of railway circulation will establish rules and operating procedures so that the movement of trains and other rail vehicles by sections and lines that form part of the railway network of General interest is carried out safely and efficiently.
2. the Council of Ministers shall adopt by Royal Decree, on a proposal from the Minister of public works, the regulation of railway circulation.
Chapter IV the investigation of accidents and incidents railway article 71. Investigation of railway accidents 1. Shall be subject to technical research serious railway accidents that occur on the railway network of General interest and other accidents and incidents railway when the railway accident investigation Commission considers it from by its potential impact on the safety of railway traffic.
2. the technical research has by purpose the establishment of the causes of an accident or incident and the formulation, where appropriate, safety recommendations that are relevant. In no case will it deal with determine guilt or responsibility of the facts under investigation.
3 means serious accident any collision or derailment of trains with the result of one or more fatalities, or five or more serious injuries or extensive damage to rolling stock, the infrastructure or the environment, and also any other accident characteristics or significance similar to the previous ones, whose consequences were necessary to modify regulations railway safety or safety management.
Serious damage means those whose cost can be evaluated immediately in an amount equal to or exceeding EUR 2 million.
Article 72. The railway accident investigation Commission.
1. the railway accident investigation Commission is a collegiate body specialized, attached to the Ministry of development, which has the competence to carry out the technical investigation of accidents and railway incidents.
2. the Commission enjoys full functional independence from the authority responsible for railway safety, managers of infrastructures, railway, pricing, certification bodies bodies or enterprises notified or any other agency or entity whose interests could come into conflict with their duties.
3. in the performance of its functions, 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 of investigation of railway accidents is composed of a President, five members, one of whom shall act as Vice President and the Secretary, who shall have voice but no vote.
He President and those vocal will be appointed by the Minister of promotion between people of recognized prestige and accredited qualification professional in the sector railway, for which is will have in has them knowledge technical, the experience professional and them titles academic and professional obtained related with such matter.
2 before appointment, the Minister of development will be to the attention of the competent Commission of the Congress of Deputies the name of persons nominated as President and members of the Committee on research, giving relocation of its curriculum.
Within the term of a month natural from the reception of the corresponding communication, the Commission competent of the Congress of them members manifest his acceptance of the person proposed as President or its veto reasoned. During this period, the Committee may agree the appearance candidate proposed for President so you expose the basic lines of action to be developed by the Commission of investigation of railway accidents during his tenure.
Within this period without express manifestation of the Congress, shall be accepted the proposal and Development Minister appoint the candidate as President.
Article 74. Mandate.
1. the mandate of the Chairman and the members shall be six years, without the possibility of re-election. The members of the Commission will renew is partially every two years, in accordance with the criteria for renewal set forth in the rules of operation of the Commission. All members of the Committee shall be independent in the exercise of their functions.
2. the members of the Commission shall be terminated in office by resignation accepted by the Minister of development, expiration of the term of his mandate or by reversal of its appointment agreed by development Minister and founded in the permanent disability for the exercise of their functions, the firm punishment for serious or very serious infringements in the field of safety in railway serious breach of the obligations of the position held or fraudulent offense conviction.
In cases of revocation of the appointment, the Minister of public works shall forward to the competent Committee of the Parliament a communication in which shall be recorded the cause of revocation of the appointment.
Article 75. Responsibilities of researchers.
1. them officials that have the condition of technical of research of the Commission will have the consideration of agents of the authority when Act in the exercise of his function research. (During the exercise of his activity, and prior authorization judicial in those cases in that the same is required, may: to) access to the place of the accident or incident, to the material rolling involved and to the facilities related of infrastructure and of control of the traffic and signaling.
(b) carry out an immediate inventory of the evidence and decide on the withdrawal remains controlled and guarded way, infrastructure facilities or parts, to the effects of the corresponding exam.
(c) access registration and recording on board equipment and its contents, with the possibility of using them, as well as log recording of communications at stations of passenger transport, terminals of transport of goods and centers of traffic control, if any, and to the registration of the operation of the signalling system and traffic control.
(d) access to the results of the examination expert medical examiner of them bodies of the victims, when could be relevant for the research railway.
(e) access to them results of them tests and analysis medical of the personal on Board of the train and of any other personal railway involved in the accident or incident, when could be relevant to the research railway.
(f) examine involved railway workers and other witnesses.
(g) access to any information or documentation in the possession of the administrator of infrastructure, the railway companies involved and the State Agency for railway safety.
(h) access to any information relating to the accident investigated, in accordance with the regulations of implementation in each case.
2. the information obtained will be restricted and technical investigators are obliged to preserve it.
3. regulations shall be the rules governing the technical investigation of accidents and rail incidents and the rules of functioning of the Commission of investigation of railway accidents.
Title VI economic regime and tax chapter I fees rail section 1st rate by article 76 railway company licence. Legal regime.
1 constitutes the taxable transactions of the fee for issuance of the railway company licence, granting, modification or renewal.
2 it will be taxable in the rate the railway undertaking in whose favor is granted.
3 the rate will have three options: to) by grant.
(b) by modification of license.
(c) for renewal of license article 77. Accrual.
1. rates will vest at the time of the granting of the license, modification or renewal.
2. the suspension or revocation of the license will not give right to a refund of the amount of the fee.
Article 78. Management and involvement.
1. the management, settlement and collection of the fee for the grant or amendment of the railway company license corresponds to the State railway safety agency.
2 raising the rate product you will enter in the patrimony of the State Agency of railway safety.
Article 79. Review.
The amount of the rate regulated in this section will be determined for the first time in the General State budget Act and may be updated subsequently by order of the Minister of public works.
The proposed revision will require a financial report adjusted to the provisions of article 20.1 of the Act 8/1989 of 13 April, fees and public prices.
Section 2 rate for provision of safety and security article 80 certificate authorization. Legal regime.
1 constitutes the taxable rate by granting of the security clearance of the administrators of railway infrastructure and safety certification of railway company, the expedition of the same or its modification, renewal or revision.
2. the subject passive of the rate by granting of the authorization of security will be the administrator of infrastructure railway and the subject passive of the rate by granting of the certificate of security will be the company railway.
(3. the rate will have four modes: to) expedition of authorization of security.
(b) modification, renewal or review of authorization of security.
(c) issuance of certificate of safety.
(d) extension, renewal or revision of certificate of safety.
Article 81. Accrual.
1. the fee is accrued at the time of the expedition, modification, renewal or review of the authorization or the security certificate.
2. the suspension or revocation of the security certificate will not give right to a refund of the amount of the fee.
Article 82. Management and involvement.
1 corresponds to the State Agency for railway safety management, settlement and collection of the fee for granting the authorization or the security certificate.
2 raising the rate product you will enter in the patrimony of the State Agency of railway safety.
Article 83. Review.
The amount of the rate regulated in this section will be determined for the first time in the General State budget Act and may be updated subsequently by order of the Minister of public works.
The proposed revision will require a financial report adjusted to the provisions of article 20.1 of the Act 8/1989 of 13 April, fees and public prices.
Section 3 fees for approval of centres, certification bodies and rolling, titles and licensing and authorisations for entry into service article 84. Legal regime.
1 will give right to the levy of the countervailing rates the cost of paperwork and necessary actions, pursuant to what is available in this chapter, the management needs to: a) approval of centres of medical examination and training of railway staff, and their renewals or extensions, either authorizing new facilities or the delivery of new educational disciplines.
(b) granting of titles and licences of driving to the railway staff.
(c) Organization of calls for examination for railway workers, prior to the granting of certificates and driving licenses.
(d) approval of railway rolling stock maintenance centers.
(e) certification of entities responsible for maintenance of railway vehicles or certification of the maintenance functions delegated.
(f) authorization of entry into service of railway vehicles.
(g) the granting of titles relating to the transport of dangerous goods safety advisers.
2. is the made taxable of them rates, the provision by the administration of them services necessary for the granting, renewal or enlargements of them approvals, titles, licenses, certifications or authorizations corresponding, as well as of them services made for them calls for the obtaining of the title, license of driving and of advisors of security in relation to the transport of goods dangerous.
3. they shall be taxable rates, according to the assumptions, the natural or legal person who submits the application for all the cases described in the previous point.
4 there will be the following types of fees: to) by the approval of medical centers and training of railway workers: i. new approvals.
II. enlargement, modification or renewal of the approval.
(b) by issuing securities or licensing of railway staff: i. first expedition.
II. issue of duplicate, renewal or modification.
(c) by organization of calls for examination for railway workers, prior to the granting of titles, licenses of conduction and security adviser.
Its amount shall be obtained as the sum of the following: i. call.
II. by the applicant presented to the call.
III. by examiner of the Court.
IV. Member of the Court, costs of travel, provided the tests are carried out outside Madrid.
In the case of tests to obtain degree of safety adviser shall apply only the amount of the paragraph ii.
In the case of calls made at the request of several training centres, the previous amounts will be proportionally distributed between different seekers centres, so that the amount of the preceding paragraphs i), iii) and, where applicable, iv) will be distributed among the number of training centers that provide aspiring to the call.
(d) by approval of centres for maintenance of the material rolling railway: i. new approvals.
II. enlargement, modification or renewal of the approval.
(e) by certification of entities responsible for maintenance of railway vehicles or the delegated maintenance functions: i. new certification entity in charge of maintenance.
II. enlargement, modification or renewal of certification of the entity in charge of maintenance.
III. new certification of function delegable of maintenance.
IV. enlargement, modification or renewal of certification of function delegable of maintenance.
(f) by permission of railway vehicles, which is determined with regard to each type of material, on the basis of their technical conditions or its economic value.
Article 85. Accrual.
Rates will vest at the time of the corresponding request.
Article 86. Management.
The management and liquidation of the rates correspond to the State railway safety agency.
Product of the collection of the rate you will enter in the patrimony of the State Agency of railway safety.
Article 87. Review.
The amount of the fees covered in this section will be determined for the first time in the General State budget law and they may be updated later by order of the Minister of public works.
The proposed revision will require a financial report adjusted to the provisions of article 20.1 of the Act 8/1989 of 13 April, fees and public prices.
Section 4 rate by providing services and activities in the field of railway safety article 88. Regime legal.
1 constitutes the taxable rate of the realization by the State Railway Security Agency's activities and the provision of supervision and inspection in the field of railway safety.
2 will be the rate taxpayers railway companies and railway infrastructure managers to which it relates the respective taxable.
Article 89. Basis for the calculation of the amount of the fee.
The concepts of rates will be as follows: to) for infrastructure managers: amount per train km total traffic circulating on the network that manages. In any case this latter amount may merge by the infrastructure manager within the costs considered in the calculation of future updates to the amounts of fees perceived railway companies.
(b) for the railway companies: amount per train km, in long distance services classified in category VL1 pursuant to paragraph 7 of article 97.
Amount per train km, in the rest of long distance passenger transport services.
Amount per train km in urban, suburban and interurban passenger transport services.
Amount per train km, in goods transport services.
Article 90. Accrual.
Rate accrued at the time of preparation of the activity or service, and will be assessed monthly.
Article 91. Management and involvement.
Management, liquidation and collection rate correspond to the State railway safety agency.
Product of the collection of the rate you will enter in the patrimony of the State Agency of railway safety.
Article 92. Review.
The amount of the rate regulated in this section will be determined for the first time in the General State budget Act and may be updated subsequently by order of the Minister of public works.
The proposed revision will require a financial report adjusted to the provisions of article 20.1 of the Act 8/1989 of 13 April, fees and public prices.
Section 5th rate by the use or special use of the public property rail article 93. Fee for the use or special use of the public property railway.
1 constitutes the taxable rate of private use or special use of public property railway made through concessions and authorizations.
The payment of the fee shall not apply to natural persons or legal entities, that are not capital companies, when the exclusive use or special use of public property do not carry rigged an economic utility for the dealer, authorized person or contractor or, there still such utility, use or exploitation involves conditions or considerations for the beneficiary cancelling or making irrelevant that. Shall contain such circumstance in the tender documents or clauses of the authorization or concession.
Railway infrastructure managers shall be exempt from the payment of this fee.
2. the accrual rate will occur with the initial issuance and annual maintenance of the concession, authorization or award and will be payable in the amount that corresponds and deadlines that are designated under the conditions of the concession, authorization or adjudication.
3 will be the rate payers dealers, authorized persons or awarded or, where appropriate, those who head is rather than those.
4. the administrator of railway infrastructures will pay this rate by calendar years, with the exception of those salaries for periods of less than the calendar year, that it will be by that fraction of the year.
5. the tax base shall be determined by the busy surface measured in square meters.
6. the tax fee will be the result of apply to the taxable amount to be determined in the law on the State budget by month or fraction of a month for each square metre of occupied area.
Article 94. Management and involvement.
Administrator of railway infrastructures that make the provision of services or holder of public rail will manage the rate and enter in your heritage collection product.
The settlement of the rate shall be notified to the taxpayer and your payment will be made within the period of twenty business days since the notification occurs.
Article 95. Review.
The amount of the rate regulated in this section will be determined for the first time in the General State budget Act and may be updated subsequently by order of the Minister of public works.
The proposed revision will require a financial report adjusted to the provisions of article 20.1 of the Act 8/1989 of 13 April, fees and public prices.
Section 6th Canon by use of the railway infrastructure article 96. General principles.
1 railway infrastructure managers shall receive railway undertakings using the lines of the rail network of General interest, as well as stations of transport of passengers and freight terminals and other service facilities, payment of rates regulated by this section, which will receive the name of railway guns.
This section establishes the general framework for the cannons, allowing administrators generals of railway infrastructure definition resulting from implementation in each of lines, sections, stations of passenger transport, terminals of transport of goods and other service facilities of the railway network of General interest that are managed.
2. are, in all case, suffering to the heritage of them administrators of infrastructure railway them income obtained by the collection of them referred cannons, with independence of them rates or the prices private that can perceive of them companies railway and of third.
3 cannons shall be fixed in accordance with the General principles of economic feasibility of infrastructures, effective exploitation of the same, situation in the market and financial balance in the provision of services, and in accordance with criteria of equality, transparency and non-discrimination between providers of rail transport services.
4 for the quantification of the royalties for the use of railway infrastructure, directly attributable costs are taken into consideration to rail service.
Provided that the market can accept it, and while guaranteeing optimum competitiveness of market segments, infrastructure managers may charge the addition referred to in article 97.5.2... ° However, additions by inefficient use of capacity shall apply without the above limitations.
The system of cannons will respect in all case them increases of productivity achieved by the companies railway.
5. in the framework of the agreement regulated in article 25.2, contributions to the administrator of railway infrastructures for the operation, maintenance, conservation and replacement of railway infrastructures whose use constitutes the taxable transactions of the royalties provided for in this section, insofar as the aforementioned canons do not permit the recovery of all costs associated with the provision of these services may be.
6. with the aim of promoting the effective use of networks, to fix fees for the use of railway infrastructure can be in consideration environmental costs, in particular noise, accidents and infrastructure effects that no graven modes of transport other than rail, in order to reduce the amount.
7. in addition, will have into account for the establishment of the amount of the rail cannons, according to the effective exploitation of the railway network of General interest considerations which reflect the degree of congestion in infrastructure and a proper functioning of the same, building new rail transport services, as well as the need to encourage the use of underused lines in any case, ensuring optimal competition between railway undertakings.
8. to encourage own railway infrastructure manager and railway undertakings to help minimize disruptions of traffic on the railway network of General interest, an incentive system, whose basic principles shall apply to the whole network will be established. Such a system may include the imposition of penalties for actions which disrupt the operation of the network, the granting of compensation to companies that suffer from them and the granting of premiums to the better results than expected.
By order of the Minister of public works, they will develop and update the basic principles of application of such a system of incentives. The order be established, at least: a) procedures of calculation of travel times and margins of punctuality.
(b) classification of delays and disruptions.
(c) procedures of computation of delays and of allocation of responsibilities of the disturbance.
(d) periods of calculation.
(e) valuation of the delay and settlement procedures.
(f) conflict resolution procedures.
(g) periodic system information obligations.
9. in addition, by order of the Minister of public works, you can develop and complete the elements that compose the cited general framework of the canons, containing especially regulatory measures designed to encourage the reduction of the costs of provision of infrastructure, or the amount of cannons and the systems used to compensate, for the use of railway infrastructure , environmental costs, accidents and infrastructure that do not pay the competing modes of transport.
En_particular, that order may amend the classification criteria in the different types of lines, services, stops and stations of passenger transport, terminals of transport of goods and components described throughout the articles 97 and 98, as well as cases of application and criteria of quantification of the addition to mode B of the barrel for use of railway lines laid down in article 97.5.2. b).
10. the above-mentioned orders shall be informed, prior to their adoption, by the delegate of the Government Commission for Economic Affairs and the National Commission of markets and competition.
Article 97. Canon for use of railway lines in the railway network of General interest.
Constitutes the taxable transactions of the canon the use of the railway network of General interest rail lines, as well as the provision of services inherent in such use, the following modalities: to) Canon for award of capability (mode A): for the service's allocation of those slots, defined in the network statement, the corresponding candidates in order that a train can circulate between two points over a period of time.
(b) Canon by use of the lines Railway (mode B): by the action and effect of using a line railway.
(c) canon for use of the facilities of processing and distribution of electric power for traction (mode C): by the action or effect of using the facilities of electrification of a railway line.
2. tax Obligados.
Taxable persons of the Canyon will be railway undertakings that use or are awarding of capacity to be able to circulate around the rail network of General interest. Similarly, they shall be regarded as taxable persons of the Canyon by capacity-allocation, transportation, Chargers officials and the operators of combined transport which, without consideration of railway undertakings, to obtain capacity-allocation.
3 chargeable event, adjudication and payment.
The accrual of the Canyon occurs at the time of the allocation of capacity in the A mode and when using the railway line in mode B and mode C. electrification facilities
The administrator of railway infrastructures will liquidate the modalities of this Canyon by calendar months.
The liquidation of the modalities of this canon shall be notified to the taxpayer and your payment will be made within the period of twenty business days from that notification occurs.
4. taxable base.
The tax base of this canon will be trains kilometers and, where appropriate, the squares train kilometre, distinguishing for each mode of the canon, line type, type of service and type of traction.
The train kilometre is the unit of measurement equivalent to the capacity-allocation to a train along a kilometre or the use of the railway line by a train over one kilometre.
Railway square kilometre is the unit of measurement equivalent to a seat of a train, which runs along a kilometer.
5. fee tax.
1 the total tax will be applied to the taxable amount to be determined in the law on the State budget for each mode of the canon by each train kilometre, depending on the type of line, type of service and type of traction.
For the determination of the total tax be taken into account established in contracts funding framework programmes or agreements entered into between the administrator of railway infrastructures and the General Administration of the State.
a) Canon for award of capability (mode A): the total tax is determined by each train kilometre award, distinguished by type of affected line and type of service.
Through this modality is will affect the costs of the process of capacity allocation, the traffic, the traffic safety management and replacement of security and traffic control facilities, directly attributable to the exploitation of the railway service.
(b) canon for use of railway lines (mode B): the total tax is determined according to the trains kilometer circulated to differentiating by type of line and type of service.
By this method the directly attributable costs of maintenance and upkeep of the railway infrastructure will affect exploitation of the railway service.
This canon not taxed the facilities of processing and distribution of electric traction power.
(c) canon for use of the facilities of processing and distribution of electric power for traction (mode C): the full fee shall be determined by trains kilometer circulated by railway lines, electrified to distinguishing by line type, type of service and type of traction.
Through this modality is will affect the costs of maintenance and upkeep of the facilities of electrification and replacement costs, directly attributable to the exploitation of the railway service. It will be considered electrification facilities substations, including technical buildings, catenary, the mobile substations and any other installation, or necessary element for the process of transformation and distribution of electric traction power.
(2nd it share liquid will be the result of apply on it share full an addition for each an of them modalities to and B in accordance with the criteria following: to) Canon by award of capacity (mode to).
Adding to the total tax from the barrel of capacity by the inefficient use, aims to optimise the use of the rail network, encouraging improvements in the processes of programming of train operators.
The addition will be agree with the amounts established in the General State budget law, to the difference, in absolute value, between the number of trains awarded km and the number of trains kilometre used, by type of service and line.
Addition shall apply for passenger services by each train kilometer difference in absolute value between the allocated capacity and used in a month by type of line and type of service, where the difference is higher than 2 per cent of the allocated capacity and as soon as you exceed that percentage.
For goods services, by each train kilometre of difference, in absolute value, between the allocated capacity and used in a month by type of line, when the difference exceeds 15 per cent of the allocated capacity and as exceeds this percentage.
For trains where the requesting candidate's ability is not the railway company that uses this, in the case of default of the allocated capacity utilization, the addition will be assessed the applicant candidate and in case of excess of the line with respect to the requested capacity utilization, the addition will be assessed to the railway company that has used the line.
The railway infrastructure manager shall review every three years the percentages of minimal differences between awarded and used capacity, based on its evolution and with the object of which continue to be an incentive element of the efficient use of the rail network. The new percentages will be updated through publication in the General State budget law, along with the update of the rates.
(b) canon for use of railway lines (mode B).
An addition to the full fee for the canon is established by use of railway lines, by the use of high-performance or operation of variable-width services or other situations of high intensity of traffic in certain periods of time.
Financial expenses, the costs of replacement platform, tunnels, bridges, track, buildings and means used for the maintenance and upkeep, as well as those necessary for a reasonable development of these infrastructures and all those costs that allow the administrator of railway infrastructures to achieve economic sustainability of infrastructure that manages will be recovered by this addition.
The amount of the addition shall be fixed in the law on the State budget according to the following criteria: services of passenger lines type A: the addition will be for each square kilometre, kilometer use cannon and all places having the train each way, differentiating each of lines and by type of service type will be calculated on the basis of the train.
Passenger services will be outside the line A: addition determined by each train kilometre calculated on use (mode B) cannon.
6. bonuses or discounts.
1 bonus to encourage the growth of the transportation railway.
In order to encourage the effective exploitation of the railway network and to encourage new railway services, the railway infrastructure manager apply a bonus in the Canyon by use of the lines of the rail network of General interest, A and B, modalities for the annual traffic increases according to the following criteria: the lines must be applied for each combination of individual line and type of service. For the rest of lines B, C, D and E shall apply for each combination of type of line and type of service. Is applied to the set of subject passive that operate in every combination.
(For the application of this bonus the administrator of infrastructure railway will establish annually in the statement on it network: to) the traffic of reference, Tref, measured in train kilometer: will be the traffic that the administrator of infrastructure railway considered normal according to the situation pre-existing or its predictable evolution.
(b) the target traffic, Tobj, measured by train kilometre: will be the traffic to the railway infrastructure manager determined according to their expectations of market infrastructure and services that use these.
(c) the percentage of bonus target for the incremental traffic, Bobj: applicable to the traffic of incremental when it reaches target traffic set according to the expectations of growth of traffic; If the increase corresponds to an intermediate value between the traffic of reference and target traffic, applies a lower bonus bonus objective, by applying a progressive system.
The bonus is calculated in the following manner: percentage of bonus global B: is determined according to the incremental traffic with respect to trafficking of reference, follows: If T made traffic falls below the reference traffic, has not to bonus, and therefore B = 0.
If T carried out traffic between the traffic of reference and target traffic, shall be determined from the target bonus, corrected with the degree of fulfilment of the real traffic on the reference and target traffic traffic, i.e., B = Bo × (T - Tref) /(Tobj-Tref).
If T made traffic exceeds the target traffic, it will be the target bonus percentage, then B = Bo.
Increase of traffic if anyone every taxable person (IEF): the global increase of traffic with respect to trafficking in reference to different taxable persons on the basis of the proportion of traffic in the exercise will be distributed. If TEF is the traffic carried out by a company railway, the increase of traffic anyone to said subject passive will be: IEF = (T-Tref) × TEF / T.
Amount subject to each taxable person (CBEF) bonus: will be the result of applying the canon amount paid by the taxpayer during the period the methods A and B, the coefficient of proportionality of the increase in traffic if anyone to the taxpayer with respect to the same traffic.
Therefore: CBEF = CEF × IEF / TEF.
Bonus corresponding to each taxable person (BEF): will be determined by applying the percentage of global bonus to the amount subject to bonus of each taxable person, i.e., BEF = B × CBEF.
The achievement of the target traffic increase can be projected on a multiannual basis, although the railway infrastructure manager may revise annually the previous values for the following reasons: to) reference traffic: total or partial consolidation of the increases or reductions in traffic produced in previous years.
Foreseeable evolution of the traffic by conditions outside the system of bonuses, for example, commissioning of new infrastructure.
b) target traffic and bonus target: on the basis of the foreseeable developments on the market, as a result of the application of the system of bonuses.
The railway infrastructure manager may institute or abolish the system of bonuses multiannual in a line or line type, or a type of service, according to their traffic expectations.
In cases in which the railway undertaking is other than the candidate who has requested the capacity, for the purpose of bonus, will be calculated the royalties earned by A mode as if they are corresponding to the railway company that has made the traffic.
Taxable persons may apply to the administrator of railway infrastructure, during the month of January of the year following the year bonus, refund of the amounts that come from applying this bonus.
2nd bonus to encourage the implementation of the ERTMS system.
They may be introduced in the General budgets of the State laws bonuses in the forms A and B of the canon to encourage implantation in the trains of the ERTMS system. These bonuses will not have impact on revenues of the railway infrastructure manager.
These bonuses will only affect lines integrated in the corridors of the railway specified in Decision 2009/561/EC, always for commercial traffic is not mandatory in these infrastructures the use of trains equipped with ERTMS.
3rd bonus 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 bonus in the Canyon by use of lines members of the railway network of General interest, both mode A and B that would apply to certain time slots available at a stretch or stretches of the railway infrastructure. Such bonus shall be published in the law of the State budget, and will be guided by the following criteria: discounted slots will be determined. These stripes may include a line or a section of it either determined as a set of slots that span a line or a section of it, several lines or sections of the same or a geographical area determined by sections of railway lines.
It will determine the time interval within the period of validity of the hours of service during which the bonus will be valid.
It will relate the traffic on the fringes subsidised bonus set for canon. Traffic can be determined by using the trenes-kilometro, number of frequencies, number of passengers or number of passengers. You can set different bonuses within the same time interval and for different traffic volumes.
A time posted it bonus, the companies railway may present the volume of traffic that is committed to make in the period determined by the administrator.
Depending on the volume of traffic is determined the total canon of the time period to pay the operator by applying the bonus that suits you.
The resulting canon of the entire period must be paid by the operator monthly during the period of validity of the bonus in equal parts.
Only shall return the part of the Canyon for those trades not made below traffic undertaken by the railway company when such lowered traffic is not attributable to the railway undertaking.
The administrator may establish that, where the railway undertaking perform higher than the committed traffic traffic, these trades are subsidised with a percentage of the expected bonus.
7 types of line, types of service and type of traction.
Line types are classified by considering their technical specifications, maintenance requirements, the types of service supported and the intensity of these. The line types are: A: all lines and their links and bypass that allow a maximum speed exceeding 200 km/hour in 2/3 of its length.
B1 and B2: includes routes interciudades, including their links and bypass, mainly used by passenger services, or that they are essential for them. They are considered lines B1 those that allow a speed exceeding 160 kilometers per hour and lower or equal to 200 km/hour in 2/3 of its length.
They shall be regarded as B2 those routes not classified in type A, type C or B1 in which if at least one of the following conditions: that the passenger traffic be majority and they involve at least 10 circulations per day.
Corresponds to a link with border.
Applicable to access to a centre of treatment of trains (CTT).
Corresponds to a link between trips classified as B.
C1 and C2: are them routes that make up the nuclei of nearby. They are C1 considered those nuclei of nearby with a density of traffic per line kilometer equal to or greater than 80 circulations per day. The remaining nuclei of nearby will qualify as C2.
D: those routes not classified as to, B or C in which concur unless one of these circumstances: that the traffic of goods is majority and involving at least 2 circulations by day.
Is is of links and access to facilities related to the transportation of goods (sidings, ports, facilities logistics of goods and derivations particular).
There is an alternative line for the transportation of travellers of category A.
E: not included in the previous types of line.
The railway infrastructure manager will publish the classification of the different lines that make up the railway network of General interest, in accordance with the typology described in the Declaration of net annually.
The types of service are as follows: VL: passenger services long distance, distinguishing the following subtypes: VL1: long distance services, except those designated as VL2 VL3 and VOT.
VL2: Services of long distance relationships of variable width, provided that at least 10 per cent of its total route runs by Iberian gauge lines, excluding the designated as VL3.
VL3: Services long distance on long cross-cutting relations: tours exceeding 700 kilometers and have no origin, destination or intermediate stop in Madrid and its branches.
VCM: Urban or suburban and intercity passenger services.
Services urban or suburban: which run entirely within a nucleus of nearby.
Intercity services: those having not being urban or suburban routes less than 300 km. International trains and long-distance trains branches are excluded.
Services declared as public service obligations.
VOT: Trains and material of travelers without passengers, including machines isolated, empty trains movement, training and testing.
M: goods services: all services of goods, including the loaded, empty, and tests.
The type of traction will differ: E: electric traction trains.
D: diesel traction trains.
Article 98. Canon for use of the service owned by general managers of the railway infrastructure facilities.
Constitutes the taxable transactions of the canon, the use of the service and facilities infrastructure referred to in this article as well as the provision of services or public activities inherent to such use, in the following modalities: to) Canon for the use of transport stations travelers (mode A).
(B) canon by step by tap-changers wide (mode B).
(C) canon for the use of roads with platform stations for parking of trains for business travelers and other operations (mode C) services.
(D) Cannon for use of roads in other service facilities: section, formation of trains and manoeuvres, maintenance, cleaning, supply of fuel (mode D).
(E) canon for use of points for merchandise (form E).
This canon not includes the service of supply of energy electric, of water, of diesel, of phone or any other supply or service, being by has of the subject passive them expenses by consumption or supplies that provide or pay the administrator of infrastructure railway.
2. required tax.
Will be subject passive of the canon in the modalities to, B and C them companies railway that used the facilities of service railway associated to them way.
In the mode D, the companies railway and them holders of the material rolling railway that used the facilities of service object of assessment.
In the mode E, are subject passive the companies railway, them holders of material rolling railway, them agents of transport, them Chargers and them operators of transport combined that use them points of load for goods.
For the use of the facilities of service modalities C2, D and E, will be required of obtaining capacity at the facility, which will be required by the taxable person to the railway infrastructure manager, who will regulate its allocation through the corresponding process regulated Award and published in the network statement, being totally prohibited the assignment to third parties of the given capacity. It administrator of infrastructure railway awarded capacity by developing complete by periods of use continued of years or months, or by periods point of hours or days.
In the modalities D and E, the installation can be used by several customers to the same time, although the same is assigned initially to a customer (awarded main), for a period of time and whenever not is find saturated.
3. accrual, adjudication and payment.
The chargeable event occurs when using the railway installation types A, B and C1 of the Canyon and when there is the allocation of the capacity of the installation types C2, D and E, except that the awards involve a use for periods exceeding the calendar month for these types D and E, in which case the accrual will be the first day of the successive periods subject to liquidation.
The administrator of railway infrastructures will liquidate the modalities of this Canyon by calendar months. However in the types D and E, for less than the calendar month periods of use, will be assessed this period; and periods of operation over a year, on request of the taxable person, the administrator of railway infrastructures will assessed the D and E arrangements for annual periods anticipated by applying a bonus that will be determined annually based on the cost of financing of the administrator of railway infrastructures and pickup at the proposal to update the amount of the royalties.
The liquidation of the modalities of this canon shall be notified to the taxpayer and your payment will be made within the period of 20 working days from that notification occurs.
4. tax fee.
Be considered elements of quantification for the determination of the Canyon in each of the above modes as follows: to) Canon by the use of (mode A) passenger transport stations.
Costs associated to the maintenance and upkeep of stations, its replacement and the provision of basic services minimum stations, financial expenses in the case of classified as 6 stations, as well as service stations monitoring and control of access of travellers and their baggage will affect by this mode of the canon's use of service facilities.
In the case of services during the opening hours of the stations, the total tax is determined in accordance with paragraph A.1 for categories 1 to 5 stations distinguishing according to the category of station and kind of stop and in paragraph A.2 for category 6 stations.
For services out of the schedule of opening of the stations it fee full is determined in accordance with it planned in the paragraph A.3.
A.1) in category 1, 2, 3, 4 or 5 stations: for every stop with commercial service of trains at the station, taking into account the type of stop, the type of train and the capacity of total passengers of the train. €How train amounts, shall be determined in the General State budget Act.
The liquid share will result from applying on the previous total tax, an addition that includes the intensity of the use of the facilities of the station. This addition shall be calculated from the number of uploaded or effectively lowered during the stop at the station.
Rates of this mode of the canon, when a station of the categories 1 to 4 be affected by situations that prevent the provision of minimum essential services during the one month period or higher, will be modified during the duration of the extraordinary situation or work in the following way: the rate applying to a station for every traveller uploaded or downloaded will be that corresponding to the category immediately below when the number of basic services is equal to or less than the number of basic services included in the bottom category more half of the difference to the basic services of the superior number. Reclassified in the bottom category, once the process is reiterate if determined it the number of services provided as well.
If a basic service is not provided with the usual means, but it continues in situation «degraded», i.e. in any case lends itself, there will be within the number of basic services.
The infrastructure manager shall notify the railway operators this circumstance as soon be known.
Canon modification shall not apply to category 5 as this lower category.
A.2) in category 6 stations: the amount of this modality will be which is based on the total costs of exploitation carried out by the railway infrastructure manager, including replacement cost and the financial, the set of stations of this costs category by line or nucleus of nearby operated by the same operator.
The Canyon is established by line or core vicinity and year, divided in twelve monthly installments payment.
(A.3) by services out of the schedule of opening of them stations: the amount of this mode will be which is depending on the number of hours or fraction of opening extraordinary of them stations, and of the category of the station.
This mode will be of application in those cases of circulation of trains special with stop in stations out of your schema of opening and closing that generate the need of an opening extraordinary of them same.
The applicable amounts per hour and fraction shall be determined in the General State budget Act.
(B) Canyon passage by wide (mode B) changers.
The amount of this mode will be which is of apply a quantity unitary that is determined in the law of budgets General of the State to each step of a train by a changer of wide in any of them senses.
Them costs attributable to this mode of the canon of use of installations of service are those directly associated to the maintenance and replacement of them changers of width.
(C) canon for the use of roads with platform stations for parking trains for business travelers or other operations (mode C) services.
For the purposes of this canon are established following two rates: C.1) for parking trains for travelers without other operations business services: the amount of Cannon is set based on the category of the station, with special incidence in the category 1st where there are problems of saturation.
As a general rule sets a 15 minute period during which the canon shall not apply.
For the purposes of computation of time parking terraces will not be considered intermediate stops of a shopping trip, or those in which the railway infrastructure manager decides the permanence of the train on the track's parking lot.
The amount of Cannon is the result of apply to each train unit quantity per train that is determined in the law on the State budget according to the category of station and parking lot of the train time.
In relation to this form of canon administrator of railway infrastructures used for its liquidation occupation of road graphics stations scheduled the last financial year current trains, which will be available to the taxpayer.
Costs attributable to this mode of the canon's use of service facilities correspond to those directly associated with the maintenance and upkeep of the facilities used.
(C.2) by parking of trains for others operations: the amount of the canon will be which is of apply the rate that is will determine in it law of budgets General of the State depending on the category of the station and of the type of operation to perform in the train, to the number of operations of each type made.
Be applied independently to rate C.1 by operations to train during the time of parking.
The operations carried out on the train shall be classified into the following two types: type A: cleaning the train interior and/or exterior minimum (front and crystals of doors and windows).
Type B: by loading and unloading of services on board, use of water, use of fuel, use of Tomás installations, use of WC disposal and similar facilities.
Costs that may have an impact in this mode of the canon's use of service facilities correspond to those directly associated with the maintenance and upkeep of the facilities used.
(D) Cannon for use of roads in other service facilities: section, formation of trains and manoeuvres, maintenance, washing and cleaning, (mode D) fuel supply.
The costs attributable in this form of the canon's use of service facilities are the directly attributable to the use of railways in concept of maintenance and replacement of facilities.
Set according to the time of use of the way of installation of service, via its basic components, such as track, catenary, detours and the additional equipment.
The amount of this modality will be the result of computing the amount by use of the authorized complete way, the amount associated with the equipment that is equipped with this way and the amount of the optional equipment requested, applying the unit amount for each concept by the corresponding units, prorating for the period requested, and affected by the rate of yield versus time subject to authorization (years months, days, hours), according to the following formula: CanonD = (C base + C equipment) × T × K (formula d.1) where: C base = (length of the via × ccourse) + (length of catenary × Ccatenaria) + (No. detours × Cdesvio) T = number of years licensed for annual periods.
T = number of months authorised/12 for monthly periods.
T = number of days authorized/365 for periods for days.
T = number of hours authorized/8760 for periods for hours.
K = coefficient of performance, which allows the application of discounts/surcharges based on time subject to authorisation, in accordance with the following table:
Period of continuous use coefficient of performance for 4 years 0.96 for 3 years 0.97 per 2 years 0.98 per 1 year 1.00 for months 1.35 point usage coefficient of performance period by days 2.00 2.50 hours avenues available, their characteristics and their equipment catalogue will be published in the network statement.
The amounts corresponding to each component shall be determined in the General State budget law by the following scheme: components base: C via Euros/ml of via-ano euro Ccatenaria/ml of catenaria-ano C offset type I (manual) C Euros/ud-year diversion type II (telemandado) Euro/ud-year components of equipment associated with the via: Cpasillo entrevías Euros/ml of via-ano C lighting via Euros via-ano C lighting Beach Euros /ml /ml of playa-ano C fire protection network
Euro / ml of via-ano C dock of load / download Euros / ml of muelle-ano components of equipment Optional: C tray collected fat Euros / ud-year C tray collected fuel Euros / ud-year C stairs of access to cabin Euros / ud / year C Foso-piquera of download Euros / ud / year C trench of maintenance (without tomas) Euros / ud / year C ramp to load / download Euros / ud / year C takes for supply of water , supply electric or supply of air compressed Euros / ud-year the amount minimum of the canon for this mode D by request for each installation are set annually in the law of budgets General of the State.
This mode may be affected, in the terms indicated, by bonuses or discounts and additions following penalties: 1 bonuses.
(a) bonus for concurrency. When an installation is used by an awarded main and one or several awarded side, the amount of the canon is calculated of the form following: for them awarded side will be the amount resulting of apply to the formula described previously in this paragraph a coefficient of use K punctual: CanonD = (C902 + Cequipamiento) × T × K for the awarded main, starting from the time of the use of it via in the installation by a second awarded , the amount of the canon will be the resulting of apply to the formula of calculation above a coefficient T equal to the difference between the time awarded initially and the time granted to the second or seconds awarded. The other parameters will be maintained according to the initial estimate.
(b) bonus for section of long-lasting material.
The railway infrastructure manager, shall designate those roads especially suitable for the section of railway rolling stock for the long term, by applying a discount to the Canyon from this mode in the base components, and which is indicated in the following table, depending on the category of the route.
Paragraph discount category I 0%-way category II 50% 2nd additions or penalties.
Sets an addition or penalty to taxable persons who, having obtained an allocation of capacity for specific installation and period, cancel such a booking prior to the end of the award period, being determined in this way the amount of the penalty: a) for installations without reserved capacity have been applied for a period of time use, a full day or hour : Cancellations made in advance more than 24 hours to the use of the installation will not have any penalty.
Cancellations made in advance less than 24 hours to the use of the installation shall pay 100 percent of the Canyon.
(b) for installations with reserved capacity which have been applied for a period of continuous use or for a period of time use for full days, cancellations must be made with a minimum advance of 30 calendar days y: If 50 per cent of the awarded period has not been used will be charged a minimum amount equivalent to 50 per cent of the total amount of the canon.
If it has been used more than 50 percent of the allocated period they will have no penalty.
(E) Canon by use of points of load for goods (form E).
To determine the amount of this modality will be applied the same elements, criteria, bonuses and penalties in mode D, with the particularity that the calculation formula, there will be a basic component associated with the use of the surface Strip parallel to the via (Beach), which allows for the transfer of goods (maximum 8 m), whose amount will vary depending on the finish of it.
Costs which can impact on this mode of the canon are the directly attributable to the maintenance and replacement of facilities.
To intermodal terminals of transport of goods owned by the administrator of railway infrastructures which are exploited directly by him or by other operators and providing the service of loading and unloading of units of transport Intermodal (UTI) on and from the wagon, it shall not them apply this modality.
However, if railway undertakings required to carry out themselves of ancillary services, as well as the use of the point of load, other spaces, equipment, or means that the infrastructure manager can provide, these shall be governed by the corresponding rental contract.
The amount of this modality will be the result of applying the formula: CanonE = (C902 + Cequipamiento) × T × K where: C902 = (length of the via × ccourse) + (length of catenary × Ccatenaria) + (No. detours × Cdesvio) + (length of beach × Cplaya) component base C Beach type I (concrete/pavers) Euros/ml-ano C Beach type II (chipboard) Euros/ml-ano C Beach type III (sands) Euros/ml-ano the rest of parameters according to the canon D mode).
The catalog of available points, the characteristics of its basic components and equipment will be published in the network statement.
The amounts corresponding to each basic component and equipment shall be determined in the General State budget Act.
The minimum amount of the canon for this modality E will be the equivalent of a minimum of 8 hours use.
5. categories of passenger transport stations.
Passenger transport stations are classified in categories considering its technical characteristics, the provision of services that support and its intensity, being application for quantification of the canons in the categories A and C.
Stations categories are: categories 1 to 4: stations of long distance services and intercity and urban services or stations suburban multi-operator, in accordance with their characteristics with respect to the following five criteria: number of passengers, number of trains, size of the station, intermodality, location and number of platforms.
Category 5: long distance services stations and intercity and urban services or suburban multi-operator stations not classified as categories 1 to 4.
Category 6: specific stations of urban or suburban services with a single operator services, located in the nuclei of nearby urban or suburban trains stop only.
The railway infrastructure manager shall publish annually in the network statement classification of different stations belonging to the railway network of General interest, in accordance with the aforementioned categories. All stations are included in a single category of the established. The classification of stations will be updated with the information of the immediately preceding calendar year. New stations are to be classified at the date of its implementation in exploitation, evaluating with regard to the criteria of number of passengers and number of trains according to available factual information or the expectations of less traffic.
The category of a station at levels 1 to 4 shall be determined as a result of the scores obtained in each of the five criteria established according to the following formulation: where:
Ki is the value of the coefficient obtained by each season in each of the five criteria, with an integer value between 1 and 5 in accordance with the five ranges of characteristics or services defined for each criterion.
PI is the value of the weight set in each of the five criteria. The sum of all weights Pi is equal to 1.
C is the sum of the scores obtained in each of the five criteria, each coefficient multiplied by its weight. The value of C will be between a minimum of 1 when all the coefficients are 1, up to a maximum of 5 when all the coefficients have the value 5.
The stations category is directly related to the value of C obtained by each station according to the following scale: category 1: C > 4.
Category 2: 3 < C
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