Commission Implementing Regulation (EU) 2018/1795Show full title

Article 7 U.K. Information requirements for the economic equilibrium test

1. The entity requesting the economic equilibrium test shall provide the following information:

(a) the requesting entity's name, address, legal entity, registration number (if appropriate);

(b) contact information of the person responsible for queries;

(c) substantiation that the economic equilibrium of the contract risks being compromised by the new rail passenger service;

(d) if the requesting entity is a competent authority or the railway undertaking performing the public service contract, a copy of the public service contract.

2. The regulatory body may request any necessary information, including, as the case may be:

(a) from the competent authority:

(1)

relevant traffic, demand and revenue forecasts, including forecast methodology,

(2)

where appropriate, the methodology and data used to calculate the net financial effect pursuant to Article 6(1) of Regulation (EC) No 1370/2007 and the Annex to that Regulation;

(b) from the railway undertaking performing the public service contract:

(1)

copy of the public service contract, if not provided under point (d) of paragraph 1,

(2)

the undertaking's business plan for the route covered by the public service contract or an alternative route,

(3)

relevant traffic, demand and revenue forecasts, including forecast methodology,

(4)

information on revenues and profit margins gained by the undertaking on the route covered by the public service contract or an alternative route,

(5)

timetable information for the services, including departure times, intermediate stops, arrival times and connections,

(6)

estimated elasticities of the services (e.g. price elasticity, elasticity with respect to quality characteristics of the services),

(7)

cost of capital and operating costs for services provided under the public service contract, as well as variations in costs and demand induced by the new rail passenger service;

(c) from the applicant, information concerning its plans for operating the new rail passenger service, including:

(1)

business plan,

(2)

forecast of passenger traffic and revenues, including forecast methodology,

(3)

pricing strategies,

(4)

ticketing arrangements,

(5)

rolling stock specifications (e.g. load factor, number of seats, vehicle configuration),

(6)

marketing strategy;

(d) from the infrastructure manager:

(1)

information regarding the relevant lines or sections, in order to ensure that the new rail passenger service can be run on the infrastructure concerned,

(2)

information on potential performance and resilience impacts of the proposed new rail passenger service,

(3)

assessment of impacts on capacity use,

(4)

plans for developing infrastructure as regards routes covered by the proposed new rail passenger service, including an indication of the time when any such plans will be implemented,

(5)

information on relevant framework agreements concluded or under discussion, in particular with the undertaking performing the public service contract.

The information obligations of the infrastructure manager set out in point (d) of the first subparagraph of this paragraph shall be without prejudice to its obligations under the allocation procedure referred to in Section 3 of Chapter IV of Directive 2012/34/EU.

3. All information shall be sent to the regulatory body in electronic form. The regulatory body may, however, in duly justified cases, accept that documents be submitted in paper format.