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Railway infrastructure consists of the following items, provided they form part of the permanent way, including sidings, but excluding lines situated within railway repair workshops, depots or locomotive sheds, and private branch lines or sidings:
Ground area,
Track and track bed, in particular embankments, cuttings, drainage channels and trenches, masonry trenches, culverts, lining walls, planting for protecting side slopes, etc.; passenger and goods platforms, including in passenger stations and freight terminals; four-foot way and walkways; enclosure walls, hedges, fencing; fire protection strips; apparatus for heating points; crossings etc.; snow protection screens,
Engineering structures: bridges, culverts and other overpasses, tunnels, covered cuttings and other underpasses; retaining walls, structures for protection against avalanches, falling stones, etc.,
Level crossings, including appliances to ensure the safety of road traffic,
Superstructure, in particular: rails, grooved rails and check rails; sleepers and longitudinal ties, small fittings for the permanent way, ballast including stone chippings and sand; points, crossings, etc.; turntables and traverses (except those reserved exclusively for locomotives),
Access way for passengers and goods, including access by road and access for passengers arriving or departing on foot,
Safety, signalling and telecommunications installations on the open track, in stations and in marshalling yards, including plant for generating, transforming and distributing electric current for signalling and telecommunications; buildings for such installations or plant; track brakes,
Lighting installations for traffic and safety purposes,
Plant for transforming and carrying electric power for train haulage: substations, supply cables between substations and contact wires, catenaries and supports; third rail with supports,
Buildings used by the infrastructure department, including a proportion of installations for the collection of transport charges.
handling of requests for railway infrastructure capacity;
the right to utilise capacity which is granted;
use of the railway infrastructure, including track points and junctions;
train control including signalling, regulation, dispatching and the communication and provision of information on train movement;
use of electrical supply equipment for traction current, where available;
all other information required to implement or operate the service for which capacity has been granted.
passenger stations, their buildings and other facilities, including travel information display and suitable location for ticketing services;
freight terminals;
marshalling yards and train formation facilities, including shunting facilities;
storage sidings;
maintenance facilities, with the exception of heavy maintenance facilities dedicated to high-speed trains or to other types of rolling stock requiring specific facilities;
other technical facilities, including cleaning and washing facilities;
maritime and inland port facilities which are linked to rail activities;
relief facilities;
refuelling facilities and supply of fuel in these facilities, charges for which shall be shown on the invoices separately.
traction current, charges for which shall be shown on the invoices separately from charges for using the electrical supply equipment, without prejudice to the application of Directive 2009/72/EC;
pre-heating of passenger trains;
tailor-made contracts for:
control of transport of dangerous goods,
assistance in running abnormal trains.
access to telecommunication networks;
provision of supplementary information;
technical inspection of rolling stock;
ticketing services in passenger stations;
heavy maintenance services supplied in maintenance facilities dedicated to high-speed trains or to other types of rolling stock requiring specific facilities.
The information to be provided by undertakings applying for a licence in accordance with Article 20 covers the following aspects:
available funds, including the bank balance, pledged overdraft provisions and loans;
funds and assets available as security;
working capital;
relevant costs, including purchase costs of payments to account for vehicles, land, buildings, installations and rolling stock;
charges on an undertaking's assets;
taxes and social security contributions.
The network statement referred to in Article 27 shall contain the following information:
A section setting out the nature of the infrastructure which is available to railway undertakings and the conditions of access to it. The information in this section shall be made consistent, on an annual basis with, or shall refer to, the rail infrastructure registers to be published in accordance with Article 35 of Directive 2008/57/EC.
A section on charging principles and tariffs. This shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as other relevant information on access applying to the services listed in Annex II which are provided by only one supplier. It shall detail the methodology, rules and, where applicable, scales used for the application of Articles 31 to 36, as regards both costs and charges. It shall contain information on changes in charges already decided upon or foreseen in the next five years, if available.
A section on the principles and criteria for capacity allocation. This shall set out the general capacity characteristics of the infrastructure which is available to railway undertakings and any restrictions relating to its use, including likely capacity requirements for maintenance. It shall also specify the procedures and deadlines which relate to the capacity-allocation process. It shall contain specific criteria which are employed during that process, in particular:
the procedures according to which applicants may request capacity from the infrastructure manager;
the requirements governing applicants;
the schedule for the application and allocation processes and the procedures which shall be followed to request information on the scheduling and the procedures for scheduling planned and unforeseen maintenance work;
the principles governing the coordination process and the dispute resolution system made available as part of this process;
the procedures which shall be followed and criteria used where infrastructure is congested;
details of restrictions on the use of infrastructure;
conditions by which account is taken of previous levels of utilisation of capacity in determining priorities for the allocation process.
It shall detail the measures taken to ensure adequate treatment of freight services, international services and requests subject to the ad hoc procedure. It shall contain a template form for capacity requests. The infrastructure manager shall also publish detailed information about the allocation procedures for international train paths.
A section on information relating to the application for a licence referred to in Article 25 of this Directive and rail safety certificates issued in accordance with Directive 2004/49/EC or indicating a website where such information is made available free of charge in electronic format.
A section on information about procedures for dispute resolution and appeal relating to matters of access to rail infrastructure and services and to the performance scheme referred to in Article 35.
A section on information on access to and charging for service facilities referred to in Annex II. Operators of service facilities which are not controlled by the infrastructure manager shall supply information on charges for gaining access to the facility and for the provision of services, and information on technical access conditions for inclusion in the network statement or shall indicate a website where such information is made available free of charge in electronic format.
A model agreement for the conclusion of framework agreements between an infrastructure manager and an applicant in accordance with Article 42.
The contractual agreement shall specify the provisions of Article 30 and include at least the following elements:
the scope of the agreement as regards infrastructure and service facilities, structured in accordance with Annex II. It shall cover all aspects of infrastructure management, including maintenance and renewal of the infrastructure already in operation. Where appropriate, construction of new infrastructure may also be covered;
the structure of payments or funds allocated to the infrastructure services listed in Annex II, to maintenance and renewal and to dealing with existing maintenance and renewal backlogs. Where appropriate, the structure of payments or funds allocated to new infrastructure may be covered;
user-oriented performance targets, in the form of indicators and quality criteria covering elements such as:
train performance, such as in terms of line speed and reliability, and customer satisfaction,
network capacity,
asset management,
activity volumes,
safety levels, and
environmental protection;
the amount of possible maintenance backlog and the assets which will be phased out of use and therefore trigger different financial flows;
the incentives referred to in Article 30(1), with the exception of those incentives implemented through regulatory measures in accordance with Article 30(3);
minimum reporting obligations for the infrastructure manager in terms of content and frequency of reporting, including information to be published annually;
the agreed duration of the agreement, which shall be synchronised and consistent with the duration of the infrastructure manager's business plan, concession or licence, where appropriate, and the charging framework and rules set by the State;
rules for dealing with major disruptions of operations and emergency situations, including contingency plans and early termination of the contractual agreement, and timely information to users;
remedial measures to be taken if either of the parties is in breach of its contractual obligations, or in exceptional circumstances affecting the availability of public funding; this includes conditions and procedures for renegotiation and early termination.
passenger versus freight services;
trains carrying dangerous goods versus other freight trains;
domestic versus international services;
combined transport versus direct trains;
urban or regional versus interurban passenger services;
block trains versus single wagon load trains;
regular versus occasional train services.
In order to achieve an agreed level of performance and not to endanger the economic viability of a service, the infrastructure manager shall agree with applicants the main parameters of the performance scheme, in particular the value of delays, the thresholds for payments due under the performance scheme relative both to individual train runs and to all train runs of a railway undertaking in a given period of time;
The infrastructure manager shall communicate to the railway undertakings the working timetable, on the basis of which delays will be calculated, at least five days before the train run. The infrastructure manager may apply a shorter notice period in case of force majeure or late alterations of the working timetable;
All delays shall be attributable to one of the following delay classes and sub-classes:
Operation/planning management attributable to the infrastructure manager
Timetable compilation
Formation of train
Mistakes in operations procedure
Wrong application of priority rules
Staff
Other causes
Infrastructure installations attributable to the infrastructure manager
Signalling installations
Signalling installations at level crossings
Telecommunications installations
Power supply equipment
Track
Structures
Staff
Other causes
Civil engineering causes attributable to the infrastructure manager
Planned construction work
Irregularities in execution of construction work
Speed restriction due to defective track
Other causes
Causes attributable to other infrastructure managers
Caused by previous infrastructure manager
Caused by next infrastructure manager
Commercial causes attributable to the railway undertaking
Exceeding the stop time
Request of the railway undertaking
Loading operations
Loading irregularities
Commercial preparation of train
Staff
Other causes
Rolling stock attributable to the railway undertaking
Roster planning/rerostering
Formation of train by railway undertaking
Problems affecting coaches (passenger transport)
Problems affecting wagons (freight transport)
Problems affecting cars, locomotives and rail cars
Staff
Other causes
Causes attributable to other railway undertakings
Caused by next railway undertaking
Caused by previous railway undertaking
External causes attributable to neither infrastructure manager nor railway undertaking
Strike
Administrative formalities
Outside influence
Effects of weather and natural causes
Delay due to external reasons on the next network
Other causes
Secondary causes attributable to neither infrastructure manager nor railway undertaking
Dangerous incidents, accidents and hazards
Track occupation caused by the lateness of the same train
Track occupation caused by the lateness of another train
Turn-around
Connection
Further investigation needed;
Wherever possible, delays shall be attributed to a single organisation, considering both the responsibility for causing the disruption and the ability to re-establish normal traffic conditions;
The calculation of payments shall take into account the average delay of train services of similar punctuality requirements;
The infrastructure manager shall, as soon as possible, communicate to the railway undertakings a calculation of payments due under the performance scheme. This calculation shall encompass all delayed train runs within a period of at most one month;
Without prejudice to the existing appeal procedures and to the provisions of Article 56, in the case of disputes relating to the performance scheme, a dispute resolution system shall be made available in order to settle such matters promptly. This dispute resolution system shall be impartial towards the parties involved. If this system is applied, a decision shall be reached within a time limit of 10 working days;
Once a year, the infrastructure manager shall publish the annual average level of performance achieved by the railway undertakings on the basis of the main parameters agreed in the performance scheme.
Textual Amendments
The infrastructure manager may reschedule an allocated train path if it is necessary to ensure the best possible matching of all path requests and if it is approved by the applicant to which the path had been allocated. The infrastructure manager shall update the draft working timetable no later than one month before the change of the working timetable in order to include all train paths allocated after the deadline referred to in point (3).
The coordination before the second publication shall be completed:
no later than 18 months before the change of the working timetable if more than 50 % of the estimated traffic volume on a railway line per day is cancelled, re-routed or replaced by other modes of transport for a duration of more than 30 consecutive days
no later than 13 months and 15 days before the change of the working timetable period if more than 30 % of the estimated traffic volume on a railway line per day is cancelled, re-routed or replaced by other modes of transport for a duration of more than seven consecutive days
no later than 13 months and 15 days before the change of the working timetable period if more than 50 % of the estimated traffic volume on a railway line per day is cancelled, re-routed or replaced by other modes of transport for a duration of seven consecutive days or less.
The infrastructure managers shall, if necessary, invite the applicants active on the lines concerned and the main operators of service facilities concerned to get involved in that coordination.
the planned day,
time of day, and, as soon as it can be set, the hour of the beginning and of the end of the capacity restriction,
the section of line affected by the restriction, and
where applicable, the capacity of diversionary lines.
The infrastructure manager shall publish that information, or a link where it can be found, in its network statement as referred to in point (3) of Annex IV. The infrastructure manager shall keep this information updated.
The comparison shall, for each alternative, include at least:
the duration of the capacity restriction,
the expected indicative infrastructure charges due,
the capacity available on diversionary lines,
the available alternative routes, and
the indicative travel times.
Before making a choice between the alternatives of capacity restrictions, the infrastructure manager shall consult the interested applicants and take into account the impacts of the different alternatives on those applicants and on the users of the services.
separate profit and loss accounts and balance sheets for freight, passenger and infrastructure management activities;
detailed information on individual sources and uses of public funds and other forms of compensation in a transparent and detailed manner, including a detailed review of the businesses' cash flows in order to determine in what way these public funds and other forms of compensation have been used;
cost and profit categories making it possible to determine whether cross-subsidies between these different activities occurred, according to the requirements of the regulatory body;
methodology used to allocate costs between different activities;
where the regulated firm is part of a group structure, full details of inter-company payments.
different cost categories, in particular providing sufficient information on marginal/direct costs of the different services or groups of services so that infrastructure charges can be monitored;
sufficient information to allow monitoring of the individual charges paid for services (or groups of services); if required by the regulatory body, this information shall contain data on volumes of individual services, prices for individual services and total revenues for individual services paid by internal and external customers;
costs and revenues for individual services (or groups of services) using the relevant cost methodology, as required by the regulatory body, to identify potentially anti-competitive pricing (cross-subsidies, predatory pricing and excessive pricing).
a statement of financial performance;
a summary expenditure statement;
a maintenance expenditure statement;
an operating expenditure statement;
an income statement;
supporting notes that amplify and explain the statements, where appropriate.
(referred to in Article 65)
Council Directive 91/440/EEC | |
Directive 2001/12/EC of the European Parliament and of the Council | |
Directive 2004/51/EC of the European Parliament and of the Council | |
Council Directive 2006/103/EC | only Point B of the Annex |
Directive 2007/58/EC of the European Parliament and of the Council | only Article 1 |
Council Directive 95/18/EC | |
Directive 2001/13/EC of the European Parliament and of the Council | |
Directive 2004/49/EC of the European Parliament and of the Council | only Article 29 |
Directive 2001/14/EC of the European Parliament and of the Council | |
Commission Decision 2002/844/EC | |
Directive 2004/49/EC of the European Parliament and of the Council | only Article 30 |
Directive 2007/58/EC of the European Parliament and of the Council | only Article 2 |
(referred to in Article 65)
Directive | Time limit for transposition |
---|---|
91/440/EEC | 1 January 1993 |
95/18/EC | 27 June 1997 |
2001/12/EC | 15 March 2003 |
2001/13/EC | 15 March 2003 |
2001/14/EC | 15 March 2003 |
2004/49/EC | 30 April 2006 |
2004/51/EC | 31 December 2005 |
2006/103/EC | 1 January 2007 |
2007/58/EC | 4 June 2009 |
Directive 91/440/EEC | Directive 95/18/EC | Directive 2001/14/EC | This Directive |
---|---|---|---|
Article 2(1) | Article 1(1) | Article 1(1), first subparagraph | Article 1(1) |
Article 1(2) | Article 1(2) | ||
Article 2(2) | Article 2(1) | ||
Article 1(2) | Article 2(2) | ||
Article 1(3) | Article 2(3) | ||
Article 2(4) to (9) | |||
Article 2(4) | Article 2(10) | ||
Article 2(11) | |||
Article 3 | Article 3(1) to (8) | ||
Article 3(9) to (13) | |||
Article 2(b) and (c) | Article 3(14) and (15) | ||
Article 3(16) and (17) | |||
Article 2 | Article 3(18) to (28) | ||
Article 3(29) and (30) | |||
Article 4 | Article 4 | ||
Article 5 | Article 5(1) to (3) | ||
Article 5(4) | |||
Article 6(1) and (2) | Article 6(1) and (2) | ||
Article 9(4) | Article 6(3) | ||
Article 6(1) second subparagraph | Article 6(4) | ||
Article 6(3) and Annex II | Article 7(1) | ||
Article 4(2) and Article 14(2) | Article 7(2) | ||
Article 7(1), (3) and (4) | Article 8(1), (2) and (3) | ||
Article 6(1) | Article 8(4) | ||
Article 9(1) and (2) | Article 9(1) and (2) | ||
Article 10(3) and (3a) | Article 10(1) and (2) | ||
Article 10(3b) | Article 11(1), (2) and (3) | ||
Article 11(4) | |||
Article 10(3c) and (3e) | Article 11(5) and (6) | ||
Article 10(3f) | Article 12(1) to (4) | ||
Article 12(5) | |||
Article 5 | Article 13 | ||
Article 14 | |||
Article 10b | Article 15 | ||
Article 3 | Article 16 | ||
Article 4(1) to (4) | Article 17(1) to (4) | ||
Article 5 | Article 18 | ||
Article 6 | Article 19 | ||
Article 7(1) | Article 20(1) | ||
Annex, Part I, point (1) | Article 20(2) | ||
Article 20(3) | |||
Article 8 | Article 21 | ||
Article 9 | Article 22 | ||
Article 4(5) | Article 23(1) | ||
Article 10 | Article 23(2) and (3) | ||
Article 11 | Article 24 | ||
Article 15 | Article 25 | ||
Article 1(1), second subparagraph | Article 26 | ||
Article 3 | Article 27 | ||
Article 10(5) | Article 28 | ||
Article 4(1) and (3) to (6) | Article 29 | ||
Article 6(2) to (5) | Article 30 | ||
Article 7 | Article 31 | ||
Article 8 | Article 32 | ||
Article 9 | Article 33 | ||
Article 10 | Article 34 | ||
Article 11 | Article 35 | ||
Article 12 | Article 36 | ||
Article 37 | |||
Article 13 | Article 38 | ||
Article 14(1) and (3) | Article 39 | ||
Article 15 | Article 40 | ||
Article 16 | Article 41 | ||
Article 17 | Article 42 | ||
Article 18 | Article 43 | ||
Article 19 | Article 44 | ||
Article 20(1), (2) and (3) | Article 45(1), (2) and (3) | ||
Article 45(4) | |||
Article 20(4) | Article 45(5) | ||
Article 21 | Article 46 | ||
Article 22 | Article 47 | ||
Article 23 | Article 48 | ||
Article 24 | Article 49 | ||
Article 25 | Article 50 | ||
Article 26 | Article 51 | ||
Article 27 | Article 52 | ||
Article 28 | Article 53 | ||
Article 29 | Article 54 | ||
Article 30(1) | Article 55 | ||
Article 30(2) | Article 56(1) | ||
Article 31 | Article 57 | ||
Article 12 | Article 58 | ||
Article 14a | Article 33(1), (2) and (3) | Article 59 | |
Article 60 | |||
Article 34(2) | Article 61 | ||
Article 11a | Article 35(1), (2) and (3) | Article 62 | |
Article 10(9) | Article 63 | ||
Article 38 | Article 64 | ||
Article 65 | |||
Article 17 | Article 39 | Article 66 | |
Article 16 | Article 18 | Article 40 | Article 67 |
Annex I | |||
Annex II | Annex II | ||
Annex | Annex III | ||
Annex I | Annex IV | ||
Annex V | |||
Annex VI | |||
Annex III | Annex VII | ||
Annex VIII |